Loading...
HomeMy WebLinkAbout CSFHO Hearing @ 6 p.m. Attch 3ATTACHMENT 3 STAFF REPORT TO THE BOCC ON THE DRAFT TITLE 18 ORDINANCE RELATED TO REGULATION OF COMMERCIAL SHOOTING FACILITIES December 3, 2018 Patty Charnas, Director of the Department of Community Development Austin Watkins, Planning Manager, Department of Community Development Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney TABLE OF CONTENTS 1. INTRODUCTION............................................................................................................. 1 2. THE EXISTING LEGAL FRAMEWORK....................................................................... 1 2.1. The Constitutional Right to Bear Arms........................................................................... 1 2.2. The Constitutional Power of County's to Adopt Health and Safety Regulations............ 1 2.3. State Preemption of Firearms Regulations and Its Exceptions ................................. 2 2.4. Ordinance No. 12-1102-18 Relied on Exemptions to Preemption ........................... 2 2.5. Regulation of Noise in Washington—Two Types of Noise Regulations ........................ 2 2.5.1. Regulation of Noise Based on Maximum Noise Levels ........................................... 2 2.5.2. Regulation of Noise Based on Nuisance................................................................... 3 2.6. WAC 173-60-060—Nuisance Regulations Not Prohibited ...................................... 4 2.7. "Exempt Noise" Related to Shooting............................................................................... 4 2.8. Limits on Adoption of Local Noise Ordinances....................................................... 5 2.9. JCC Exempts the Lawful Discharge of Firearms from its Noise Ordinance............ 6 2.10. The State Environmental Policy Act (SEPA).................................................................. 6 2.11. Current Code on Shooting Ranges in Title 18 JCC (UDC) ............................................. 7 2.11.1. "Outdoor Shooting Ranges"..................................................................................... 7 2.11.2. "Small -Scale Recreational and Tourist Uses".......................................................... 8 2.12. "Unnamed Uses".............................................................................................................. 9 2.12.1. Indoor Shooting Ranges Are Not A Named Use .................................................... 10 2.12.2. Commercial Shooting Facilities May Be an Unnamed Use Under Current Code.. 10 2.13. Current Code on Conditional Use Permits in Chapter 18.40 JCC ................................. 10 2.14. Constitutional and Statutory Protection of Applicants ................................................... 13 2.14.1. Property Rights Limitations.................................................................................... 13 2.14.2. Limits on Ordinances that Are Arbitrary, Capricious, Unlawful, or Exceed Lawful Authority........................................................................................................................... 14 I 2.14.3. Limitations on Tortious Interference with a Contractual Relationship or Business Expectancy........................................................................................................................ 14 3. THE PLANNING COMMISSION RECOMMENDATIONS ........................................ 14 3.1. BoCC Referral to the Planning Commission................................................................. 14 3.2. Planning Commission Hearing...................................................................................... 14 3.3. Planning Commission Deliberations and Recommendation .......................................... 14 3.4. BoCC Receipt of Planning Commission Recommendations, Written Public Comments andHearing................................................................................................................. 15 4. STAFF RECOMMENDATIONS.................................................................................... 15 4.1. Drafting Principles Staff Used for Proposed Revisions to the Planning Commission's Recommended Draft Ordinance................................................................................. 16 4.2. Staff Does Not Recommend Preempting the SEPA and CUP process by Prescriptively Limiting the Hours of Operations Without Taking into Consideration All Factors, such as Noise Studies, Design Criteria, Proposed Operations, etc. During the SEPA andCUP process......................................................................................................... 16 4.3. Staff's Specific Recommendations................................................................................ 17 5. SEPA COMPLIANCE FOR THE HARMONIZING ORDINANCE ............................. 21 6. CONCLUSION................................................................................................................22 11 1. INTRODUCTION This staff report presents the staff's recommendations regarding the draft ordinance harmonizing Title 18 JCC with the Commercial Shooting Facilities Ordinance recommended to the Board of County Commissioners (BoCC) on November 19, 2018 by the Jefferson County Planning Commission (Planning Commission). 2. THE EXISTING LEGAL FRAMEWORK 2.1. The Constitutional Right to Bear Arms The Washington Constitution, Article I, Section 24 protects the right to bear arms: "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men." (Emphasis added.) According to the Washington Supreme Court, "This `right to bear arms' is an individual right that exists in the context of that individual's defense of himself or the state." City of Seattle v. Evans, 184 Wash. 2d 856, 862, 366 P.3d 906, 909 (2015). Washington Constitution, Article I, Section 24 is worded slightly differently from the Second Amendment of the U.S. Constitution, in that it makes clear on its face that the right is an individual right. In contrast, the Second Amendment of the U.S. Constitution states: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." However, in 2008, the U.S. Supreme Court decided D.C. v. Heller, 554 U.S. 570, 128 S. Ct. 2783 (2008), which held that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation." Id., 554 U.S. at 592, 128 S. Ct. at 2797. In 2010, the U.S. Supreme Court made it clear that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States. McDonald v. City of Chicago, Ill., 561 U.S. 778,130 S. Ct. 3020, 3042, 177 L. Ed. 2d 894 (2010). In Heller, the U.S. Supreme Court made clear that this individual right applied to even "weapons that are most useful in military service—M-16 rifles and the like." Id., 554 U.S. at 627-8, 128 S. Ct. at 2817.1 2.2. The Constitutional Power of County's to Adopt Health and Safety Regulations The Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents. 1 "It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment's ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern- day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right." 2.3. State Preemption of Firearms Regulations and Its Exceptions RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300. Importantly, RCW 9.41.290 states: Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality. (Emphasis added.) However, cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with Chapter 9.41 RCW. RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law. RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the Washington Constitution to bear arms in defense of self or others. 2.4. Ordinance No. 12-1102-18 Relied on Exemptions to Preemption In adopting Ordinance No. 12-1102-18 on November 2, 2018, the BoCC expressly relied upon the Washington Constitution, Article XI, Section 11, RCW 9.41.300(2)(a), and, RCW 36.32.120(7). These authorities are based on health and safety. 2.5. Regulation of Noise in Washington—Two Types of Noise Regulations There are two types of noise regulations: (1) Regulation of noise based on maximum noise levels; and, (2) Regulation of noise based on nuisance. 2.5.1. Regulation of Noise Based on Maximum Noise Levels. An example of regulation of noise based on maximum levels is JCC 8.70.050(1): All of the following are defined as "public nuisance noises": 2 Sound that originates from the property that exceeds the noise levels permitted by Chapter 173-60 WAC (Maximum Environmental Noise Levels), as that chapter now exists or as it may hereafter be amended. WAC 173-60-040 Maximum permissible environmental noise levels. (1) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section. (2)(a) The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied. EDNA OF EDNA OF NOISE SOURCE RECEIVING PROPERTY Class A Class B Class C CLASS A 55 dBA 57 dBA 60 dBA CLASS B 57 60 65 CLASS C 60 65 70 (b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs. (c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be exceeded for any receiving property by no more than: (i) 5 dBA for a total of 15 minutes in any one-hour period; or (ii) 10 dBA for a total of 5 minutes in any one-hour period; or (iii) 15 dBA for a total of 1.5 minutes in any one-hour period. [Order 74-32, § 173-60-040, filed 4122175, effective 911175.] 2.5.2. Regulation of Noise Based on Nuisance. An example of regulation of noise based on nuisance is JCC 8.70.050(2)-(11): All of the following are defined as "public nuisance noises": (4) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example: 10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), any sound made by persons or by use of a musical instrument, whistle, sound amplifier, portable audio equipment, or other device, electronic or not, capable of producing or reproducing sound, which sound emanates frequently, repetitively, or continuously from any social gathering, building, structure, or property, such as sound originating from a band session, tavern or bar operation, an indoor or outdoor social gathering, and where law enforcement determines the volume of such sound is such that it can be clearly heard by a person of normal hearing at a location which is (a) 150 feet or more from the source of the sound and (b) not located on the property containing the source of the sound; (5) Sound from portable audio equipment, including that found in or as part of a motor vehicle audio system, while traveling or parked in public streets, or in park areas, residential and commercial zones, or any area where residences, schools, human service facilities, or commercial establishments are in obvious proximity to the source of the sound, and where the volume of such audio equipment is such that law enforcement determines it can be clearly heard by a person of normal hearing at a distance of 150 feet or more from the source of the sound; provided, however, that this section shall not apply to persons operating portable audio equipment within a public park pursuant to an event sanctioned by a responsible authority under valid permit or license; (8) Sound from the discharge or use of any explosive device between the hours of 10:00 p.m. and 7:00 a.m.; (11) Sound which law enforcement determines unreasonably disturbs or interferes with the peace, comfort, and repose of one or more reasonable persons of normal hearing, regardless of the distance between the source of the public nuisance noise and the person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound meter reading is not necessary to establish that a public nuisance noise exists; (12) Any other noise that is otherwise prohibited by state or federal law. 2.6. WAC 173-60-060—Nuisance Regulations Not Prohibited Nuisance regulations not prohibited. Nothing in this chapter or the exemptions provided herein, shall be construed as preventing local government from regulating noise from any source as a nuisance. Local resolutions, ordinances, rules or regulations regulating noise on such a basis shall not be deemed inconsistent with this chapter by the department. 2.7. "Exempt Noise" Related to Shooting RCW 70.107.080 states: Exemptions. The [Department of Ecology] shall, in the exercise of rule-making power under this chapter, provide exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety. The [Department of Ecology] in the development of rules under this chapter, shall consult and take into consideration the land use policies and programs of local government. .19 JCC 8.70.060 states: Exempt noises. Sounds originating from the sources listed here do not constitute a violation of this chapter, are not "public nuisance noises" and are defined as an "exempt noise" regardless of where or when they occur, unless otherwise noted. (18) The lawful discharge of firearms; (19) Sounds exempted under Chapter 173-60 WAC, as that chapter now exists or as it may hereafter be amended. (Emphasis added.) Kitsap County v. Kitsap Rifle and Revolver Club, 184 Wash. App. 252, 280 (2014) states: Sounds created by firearm discharges on authorized shooting ranges are exempt from KCC 10.28.040 (maximum permissible environmental noise levels) and KCC 10.28.145 (public disturbance noises) between the hours of 7:00 AM and 10:00 PM. KCC 10.28.050. The Washington Department of Ecology also exempts sounds created by firearms discharged on authorized shooting ranges from its maximum noise level regulations. RCW 70.107.080; WAC 173-60-050(1)(b). The Code broadly defines "firearm" as "any weapon or device by whatever name known which will or is designed to expel a projectile by the action of an explosion," including rifles, pistols, shotguns, and machine guns. KCC 10.24.080(1). As a result, the noise from the weapons being fired at the Club's range falls within the noise exemption provisions of KCC 10.28.050, and thus is exempt from the maximum permissible environmental noise levels and public disturbance noise restrictions. 2.8. Limits on Adoption of Local Noise Ordinances • WAC 173-60-110(2): "No ordinance or resolution of any local government which imposes noise control requirements differing from those adopted by the department shall be effective unless and until approved by the director [of the Department of Ecology] ." • RCW 70.107.060: "Noise limiting requirements of local government which differ from those adopted or controlled by the department shall be invalid unless first approved by the [Department of Ecology]. If the [Department of Ecology] fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved." 5 2.9. JCC Exempts the Lawful Discharge of Firearms from its Noise Ordinance In 2014, Jefferson County adopted Chapter 8.70 JCC (Noise Control), amidst significant public comment. The noise ordinance first proposed by staff was significantly revised after public comment and testimony was received. Currently, JCC 8.70.060(18) exempts from its regulation: "The lawful discharge of firearms." (Emphasis added.) 2.10. The State Environmental Policy Act (SEPA) Chapter 43.21 C RCW, the State Environmental Policy Act (SEPA) provides a basis for regulation of the siting of shooting ranges, including on the basis of noise. SEPA places responsibility on the County (and all agencies of the state) to: [U]se all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (d) Preserve important historic, cultural, and natural aspects of our national heritage; (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and, (g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. RCW 43.210.020(2). "The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment." RCW 43.210.020(3). SEPA establishes a process to ensure that potential environmental impacts are identified, considered, and mitigated prior to an action being taken that could adversely impact the environment. RCW 43.21C.060 and WAC 197-11.660. rol SEPA is a state statute not a county law or ordinance. Regulation based on SEPA would not be preempted under RCW 9.41.290. RCW 43.21C.135(1) authorizes the County to "adopt rules, ordinances, and resolutions which incorporate any of the following by reference to the appropriate sections of the Washington Administrative Code:" (1) Rules and guidelines adopted under RCW 43.21C.110(1); and, model ordinances adopted by the department of ecology under RCW 43.21C.130. Chapter 197-11 WAC contains the regulations that implement RCW 43.21C.135(1). Jefferson County's approved SEPA-complaint regulation is Article X. Chapter 18.40 JCC, starting with JCC 18.40.700. SEPA, its implementing rules, Chapter 197-11 WAC, and Chapter 18.40 JCC will require mitigation of noise before any new commercial shooting facility can be built. The County must use an environmental checklist substantially in the form found in WAC 197-11-960. WAC 197- 11-3150). See the noise portions in Section 7.b. of the SEPA checklist. WAC 197-11-960.2 1 Regulation of the siting of shooting ranges pursuant to SEPA provides a constitutionally permitted basis for regulation that is not preempted by RCW 9.41.290 (shooting regulation preemption) or Chapter 173-60 WAC (noise preemption). 2.11. Current Code on Shooting Ranges in Title 18 JCC (UDC) 2.11.1. "Outdoor Shooting Ranges" Currently, "outdoor shooting ranges" (small-scale recreational and tourist uses) are permitted as a Conditional Use Permit (CUP) in the Commercial Forest (CF), Rural Forest (RF), and Inholding Forest (IF) zoning districts as a small-scale recreational and tourist use. The following UDC provisions currently apply to proposed "outdoor shooting ranges" under the small-scale recreational and tourist use. JCC 18.10.150: "Outdoor Shooting Range. (See `Shooting range.')" JCC 18.10.190: "`Shooting range' means a facility specifically designed and used for safe shooting practice with firearms and/or for archery practice, with individual or group firing positions for specific weaponry." JCC 18.20.350(8) states: Outdoor Shooting Ranges. Outdoor shooting ranges are subject to the following standards: (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of ammunition beyond the boundaries of the parcel where they occur; (b) The National Rifle Association's Range Manual shall be consulted and used in the development and operation of ranges; Articles 1, 2, and 3 of the safety recommendations 2 A complete SEPA checklist can be downloaded at httns:Hecology wa.gov/DOE/files/d7/d7373ce2-12cb-4fd2-a0el- ld25557acl87.pdf. 7 for outdoor shooting ranges shall be used as minimum guidelines in the design and construction of shooting ranges; (c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property at intervals no greater than 50 feet; (d) The shooting areas shall be surrounded by an eight -foot -high noise barrier in the form of an earth berm or wall, or be located in a minimal eight -foot deep depression; (e) The minimum lot size for an outdoor rifle, trap, skeet or pistol range used by an organization shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres; (f) No structure or shooting areas associated with a shooting range shall be located closer than 100 feet to any lot line; (g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the owner; (h) All shooting areas must be completely fenced; and (i) In the consideration of an application for permit, the approval authority shall take into account both safety and noise factors and may prescribe additional conditions with respect thereto. 2.11.2. "Small -Scale Recreational and Tourist Uses" JCC 18.20.350(8) relates to "small-scale recreational and tourist uses," discussed in JCC 18.20.350(1): Small-scale recreational and tourist uses rely on a rural location and setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the county's abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreational and tourist (SRT) overlay districts under JCC 18.15.572. Table 3-1 authorizes outdoor shooting ranges under a conditional use permit in Commercial Forrest (CF), Rural Forest (RF) and Inholding Forest (IF) zones only as a small-scale recreational and tourist use. JCC 18.10.190 S has the following definitions: "Small-scale" means of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure. "Small-scale recreational or tourist uses" means those isolated uses which are leisure or recreational in nature; are reliant upon a rural setting or location; do not include any new residential development beyond that allowed in the underlying land use district; and otherwise meet the 36.70A.070(5)(d)(ii). performance standards in JCC 18.20.350 See RCW RCW 36.70A.070(5)(d)(ii) refers to the Rural Element of the Comprehensive Plan and states: (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element: (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows: (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl. 2.12. "Unnamed Uses" The UDC gives the Administrator authority to review unnamed uses as an allowable use, conditional use, or prohibited use. For example, an outdoor commercial shooting facility not meeting the scale and intensity of small-scale recreational and tourist uses could be interpreted to be an unnamed use under the current UDC giving the Administrator discretion on its siting with zoning classifications. JCC 18.15.045 states "[t]his code recognizes that not every conceivable use can be identified and that new uses may evolve over time. Furthermore, it establishes the administrator's authority to review proposed `unnamed' uses for similarity with other uses listed in this code and to ensure consistency of the proposed use with the applicable district. When a use is not specifically listed in Table 3-1 ... it shall be reviewed as a discretionary `D' use by the administrator." JCC 18.15.040(2) establishes review criteria for siting unnamed uses. If the conditions for the discretionary use / unnamed use are not met then the UDC Administrator may require a conditional use permit or prohibit the use within the zoning classification. M 2.12.1. Indoor Shooting Ranges Are Not a Named Use There is no provision in Title 18 JCC for indoor shooting ranges. Indoor shooting ranges and other unnamed uses are not expressly prohibited by the UDC. JCC 18.15.045. 2.12.2. Commercial Shooting Facilities May Be an Unnamed Use under Current Code Some commenters argued that commercial shooting facilities do not fit the criteria for "outdoor shooting ranges" in current code because they are not "small-scale recreational or tourist uses." These commenters likely were under the misperception that if commercial shooting facilities did not qualify as "outdoor shooting ranges" under current code, they are prohibited. That is not so. In fact, the more a commercial shooting facility is not an "outdoor shooting range," under current code, the more likely it could be an "unnamed use." This is a potential loophole that should be closed before the current moratorium on commercial shooting facilities expires on December 17, 2018. 2.13. Current Code on Conditional Use Permits in Chapter 18.40 JCC The CUP approval criteria has extensive regulations ensuring compatible land use, harmonious design, reasonable noise levels, consistent environmental protection, and other limiting criteria. For example: • Conditional Use Purpose Statement in JCC 18.40.490: The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in this code in order to accommodate uses that may be appropriate in an established district under certain circumstances, but inappropriate in the same district under others. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to the goals and policies established in the Jefferson County Comprehensive Plan and to adopted development standards. This review shall determine whether the proposed use should be permitted by weighing the public need or the benefit to be derived from the use against the impact that it may cause. • Conditional Use Approval Criteria in JCC 18.40.530(1),(2), & (5): (1) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as "C(a)," "C(d)" or "C") if all of the following criteria are satisfied: (a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; 10 (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (g) The conditional use complies with all other applicable criteria and standards of this code and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; 0) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevantgoals and policies of the Jefferson County Comprehensive Plan; and (1) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. (2) In instances where all of the above findings cannot be made, the application shall be denied. (5) All proposed uses, structures and site improvements (and modifications thereof) shall comply with the development standards of this code. (Emphasis added.) 11 • Conditional Use Additional Conditions in JCC 18.40.540: The county may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may: (1) Increase requirements in the standards, criteria or policies established by this code; (2) Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; (3) Require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; or (4) Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic and physical hazards. Chapter 43.21C RCW, the SEPA and its implementing rules, Chapter 197-11 WAC, require mitigation of noise before any new commercial shooting facility can be built. The County must use an environmental checklist substantially in the form found in WAC 197- 11-960. WAC 197-11-315(1). See the noise portions in Section 7.b. of the SEPA checklist. WAC 197-11-960.3 Additional requirements exist in current code in JCC 18.40.430 and 18 40.450 for the Site Plan Approval Advance Determination (SPAAD) which DCD proposes be eliminated during the current Comp Plan/UDC amendment process: • JCC 18.40.430 states in part: "Each application for site plan approval advance determination shall include the information required by JCC 18.40.100(1) and must identify the specific proposed use of the property for which the application is being submitted. Any commercial, industrial, small-scale recreational and tourist use, or multifamily residential use listed as a "Yes" use in Table 3-1 in JCC 18.15.040, or classified as such by the administrator, that seeks site plan approval advance determination under this article shall also be subject to the additional application submittal requirements of JCC 18.40.100(2) and the preapplication conference requirements of JCC 18.40.090." • JCC 18.40.450 states in relationship to approval criteria for conditional use permits: Site plans shall be approved upon showing that all of the following have been satisfied: 3 A complete SEPA checklist can be downloaded at httns:Hecology wa.gov/DOE/files/d7/d7373ce2-12cb-4fd2-a0el- ld25557acl87.pdf. 12 (1) The proposed site plan conforms to all applicable county, state and federal, land use, environmental and health regulations and plans, including but not limited to the following: (a) The Jefferson County Comprehensive Plan; and (b) The provisions of this code, including any incorporated standards; (2) Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, potable water, sewage disposal, fire flow and other improvements; (3) The probable significant adverse environmental impacts of the proposed site plan, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act (SEPA) implementing provisions contained within this chapter and Chapter 43.21 C RCW; (4) Approving the proposed site plan will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare. 2.14. Constitutional and Statutory Protection of Applicants In addition to the limitations on lawful shooting discussed above, the following additional limitations on government action must be kept clearly in mind. These limitations could be a source of liability for the County, if the BoCC were to pass regulation that does not have a rational basis or is directed at a particular person. 2.14.1. Property Rights Limitations The United States and Washington Constitutions prohibit taking property without due process. Wash. Const. art. I, § 2 (1889) and U.S. Const. amend. XIV. Washington has a vested rights doctrine that applies to completed applications. This is codified in RCW 1927.095(1), RCW 58.17.033(1), RCW 36.70B.180; Erickson & Assocs., Inc. v. McLerran, 123 Wash. 2d 864, 868, 872 P.2d 1090, 1093 (1994), Abbey Rd. Grp., LLC v. City of Bonney Lake, 167 Wash. 2d 242, 251, 218 P.3d 180, 183 (2009), Town of Woodway v. Snohomish Cty., 180 Wash. 2d 165, 173, 322 P.3d 1219, 1223 (2014). The County takes the position that vested rights is limited to those codified in the above statutes. However, the Washington Supreme Court limited its holding in a vested rights case in 2017 and did not reach this issue. Snohomish Cty. v. Pollution Control Hearings Bd., 187 Wash. 2d 346, 359, 386 P.3d 1064, 1070 (2016), as amended (May 2, 2017), reconsideration denied (May 10, 2017). A violation of rights under the U.S. Constitution is subject to liability under 42 U.S.C. Section 1983, including damages and reasonable attorney's fees. 13 2.14.2. Limits on Ordinances that Are Arbitrary, Capricious, Unlawful, or Exceed Lawful Authority "Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law." RCW 64.40.20. Actions are arbitrary and capricious if they represent willful and unreasoning decisions made without regard for facts and circumstances. Saben v. Skagit Cty., 136 Wash. App. 869, 877, 152 P.3d 1034, 1037 (2006)(emphasis added). RCW 64.40.20(2) authorizes recovery damages and reasonable costs, including attorney's fees. Damages includes diminution in value and lost profits. Cox v. City of Lynnwood, 72 Wash. App. 1, 8, 863 P.2d 578, 584 (1993), 72 Wash. App. at 10, 863 P.2d at 584. 2.14.3. Limitations on Tortious Interference with a Contractual Relationship or Business Expectancy Legal liability may exist where there was interference for an improper purpose or by using an improper means. Pac. Nw. Shooting Park Assn v. City of Sequim, 158 Wash. 2d 342, 351, 144 P.3d 276, 280 (2006). 3. THE PLANNING COMMISSION RECOMMENDATIONS 3.1. BoCC Referral to the Planning Commission On September 10, 2018 the BoCC referred a harmonizing ordinance to the Planning Commission for review and recommendation. On September 19 and October 17, 2018, Jefferson County staff briefed the Planning Commission on the recommended draft ordinance during workshop sessions. From October 24, 2018 until November 16, 2018, the Department of Community Development (DCD) held a public comment period, receiving 77 written comments. 3.2. Planning Commission Hearing On November 7, 2018, the Planning Commission held a public hearing receiving verbal and written testimony relating to proposed ordinance with 21 persons verbally testifying. The proposed ordinance considered by the Planning Commission at the November 7, 2018 hearing is attached as Appendix 3. 3.3. Planning Commission Deliberations and Recommendation On November 19, 2018, the Planning Commission deliberated the draft ordinance, taking into account the record and public comment. The Planning Commission recommended the following modifications to the ordinance: (1) JCC 18.10.010 A definitions should be amended to add a definition of armed forces as follows: "`Armed forces' means the armed forces of the United States or of the National Guard or organized reserves." 14 (2) JCC 18.10.160 P definitions should be amended to add a definition for paramilitary organization as follows: "`Paramilitary organization' means a semi -militarized force whose organizational structure, tactics, training, subculture, and function are similar to those of the armed forces, but which is not included as part of the armed forces. (3) A new section "JCC 18.20.430 Commercial and Non -Commercial Shooting Facilities" should be added as follows: JCC 18.20.430 Commercial and Non -Commercial Shooting Facilities (1) Organizational training for armed forces, law enforcement or paramilitary organizations is prohibited any commercial shooting facility or any non-commercial shooting facility. (2) All outdoor shooting at a commercial shooting facility must occur only between the hours of 8 a.m. and 5 p.m. (3) It is unlawful to land any aircraft at a commercial shooting facility or to discharge firearms from an aircraft or drone at any commercial shooting facility. (4) Commercial shooting facilities in Jefferson County must provide a 500 -yard buffer around any lake greater than 20 acres in size. The Planning Commission's findings and recommendations are attached in Appendix 3. 3.4. BoCC Receipt of Planning Commission Recommendations, Written Public Comments and Hearing During the November 26, 2018 BoCC regular session, the BoCC received the Planning Commission's recommendation on the draft ordinance and set a hearing and written public comment period. The hearing by the BoCC is set for December 10, 2018 at 6 p.m. in the Fort Worden Commons. Written testimony submitted on or after November 28, 2018 and received by the Board of County Commissioners up through the end of the hearing on December 10, 2018 will be part of the hearing record. Staff proposes changes to the draft ordinance recommended by the Planning Commission. Staff's proposed changes are discussed below. 4. STAFF RECOM1VIENDATIONS The BoCC referred to the Planning Commission a draft harmonizing ordinance for consistency with Article III, Chapter 8.50 JCC. The Planning Commission clearly understood the need for such and ordinance, quickly grasped the issues, and made timely recommendations to the BoCC. Staff proposes that the BoCC adopt a revised version of the Planning Commission's recommended ordinance for the reasons discussed below. 15 4.1. Drafting Principles Staff Used for Proposed Revisions to the Planning Commission's Recommended Draft Ordinance These are the main drafting principles followed by staff in preparing the draft ordinance with proposed changes from the Planning Commission's recommended draft ordinance (Appendix 3) being submitted for the BoCC's consideration during the BoCC hearing and deliberations: 1. The ordinance should be consistent with Ordinance 12-1102-18, an Ordinance on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County, which amended Chapter 8.50 JCC. Reason: The purpose of the BoCC forwarding the draft ordinance to the Planning Commission was to harmonize Title 18 JCC with Article 111, Chapter 8.50 JCC. 2. The ordinance should clarify and close potential loopholes in Title 18 JCC related to commercial shooting facilities as defined in Article III, Chapter 8.50 JCC and "outdoor shooting ranges," currently regulated in JCC 18.20.350(8). For example, the ordinance closes the potential "unnamed use" loophole for shooting facilities. 3. The ordinance should add outdoor commercial shooting facilities and indoor commercial shooting facilities to Table 3-1 in Title 18 JCC. Reason: This closes the potential "unnamed use" loophole for commercial shooting facilities. 4. The ordinance should follow existing federal, state, and local law. This includes following state law on preemption of shooting regulation and state and local law preempting regulation of noise, and its exceptions. Reason: Failing to do so provides a potential basis of liability for the County. 5. The ordinance should not regulate where other federal, state or local agencies already are responsible for that regulation. Reason: In almost all cases, the County lacks the expertise and resources to enforce a federal or state agency's regulation. Similarly, DCD lacks the expertise and resources to enforce regulations slated for enforcement by another County agency. 6. The ordinance should not repeat language already covered in other portions of the JCC. Reason: There is a great potential for inconsistency in repeating language from other portions of the JCC, which would create the potential for application and enforcement difficulties. 4.2. Staff Does Not Recommend Preempting the SEPA and CUP process by Prescriptively Limiting the Hours of Operations without Taking into Consideration All Factors, such as Noise Studies, Design Criteria, Proposed Operations, etc. during the SEPA and CUP process The firearms and noise preemption provisions in state law limit the BoCC's ability to regulate. The current approval process, including the conditional use permit (CUP) process in Article VII of Chapter 18.40, along with the State Environmental Policy Act (SEPA) process is the best way to deal with facility siting issues. As quoted above, the approval criteria for all conditional uses 16 contained in Title 18 JCC require, among other things, that: "The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel." JCC 18.40.530(1)(d). "`Vicinity' means, in rural and resource lands, the area generally within one -mile of the exterior boundary of a given parcel." JCC 18.10.220 V. The CUP approval criteria expressly requires that applications comply with all applicable criteria and standards of the JCC and other applicable local or state laws. JCC 18.40.530(1)(g). For example, all applications must be consistent with the Shoreline Master Program, Critical Areas Ordinance, and performance standards. 4.3. Staff's Specific Recommendations Staff makes the following specific recommendations: 1. Hold a hearing, then deliberate on the attached draft ordinance; 2. Revise Title 18 JCC to make it consistent with the draft ordinance attached either as Appendix 1 or Appendix 2; 3. Staff Recommendation on Planning Commission's Proposed New Section 18.20.430. Do not adopt the following provisions of the draft ordinance recommended by the Planning Commission for the reasons discussed below: a. JCC 18.10.010 A definitions should be amended to add a definition of armed forces as follows: "`Armed forces' means the armed forces of the United States or of the National Guard or organized reserves." Staff Recommendation: Staff does not recommend adopting this definition. This definition was added only to implement the Planning Commission's recommended additions in proposed new JCC 18.20.430. For the reasons discussed below staff does not recommend new JCC 18.20.430. This revision rises or falls with new JCC 18.20.430. b. JCC 18.10.160 P definitions should be amended to add a definition for paramilitary organization as follows: "`Paramilitary organization' means a semi -militarized force whose organizational structure, tactics, training, subculture, and function are similar to those of the armed forces, but which is not included as part of the armed forces. Staff Recommendation: Staff does not recommend adopting this definition. This definition was added only to implement the Planning Commission's recommended additions in proposed new JCC 18.20.430. For the reasons discussed below staff does not recommend new JCC 18.20.430. This revision rises or falls with new JCC 18.20.430. 17 A new section "JCC 18.20.430 Commercial and Non -Commercial Shooting Facilities" should be added as follows: 18.20.430 Commercial and Non -Commercial Shooting Facilities (1) Organizational training for armed forces, law enforcement or paramilitary organizations is prohibited any commercial shooting facility or any non- commercial shooting facility. Staff Recommendation: Staff does not recommend limiting shooting facilities from providing organizational training, within appropriate limitations through the SEPA and CUP process and other applicable regulations. (2) All outdoor shooting at a commercial shooting facility must occur only between the hours of 8 a.m. and 5 p.m. Staff Recommendation: Staff does not recommend preempting the SEPA and CUP process by prescriptively limiting the hours of operations without taking all factors, such as noise studies, design criteria, proposed operations, etc. into consideration during the SEPA and CUP process. Staff recommends that hours of operation be addressed during the SEPA and CUP process. (3) It is unlawful to land any aircraft at a commercial shooting facility or to discharge firearms from an aircraft or drone at any commercial shooting facility. Staff Recommendation: Staff does not recommend this limitation. Aircraft movements are generally regulated by the federal government, through the Federal Aviation Administration. However, the SEPA and CUP process may provide for more local control of aircraft and their movements, such as prohibiting the use, providing limitations on the use (e.g., limiting to emergencies, limiting number of movements, etc.), or limiting the siting of aircraft movements. Staff recommends that aircraft movements be addressed during the SEPA and CUP process. (4) Commercial shooting facilities in Jefferson County must provide a 500 -yard buffer around any lake greater than 20 acres in size. Staff Recommendation: Staff does not recommend this limitation. First, this recommendation probably is preempted by RCW 9.42.290 because it essentially creates a no shooting area without following the requirements in RCW 9.41.300. Second, the Shoreline Management Act (SMA) requires that local jurisdictions adopt and implement local Shoreline Master Programs with approval from the Department of Ecology. Lakes 20 acres or greater in size are subject to the SMA and the Jefferson County Shoreline Master Program (SMP). RCW 90.58.020. The SMP "Guides[s] the future use and development of Jefferson County's shorelines in a positive, effective, and equitable manner consistent with the Washington State Shoreline Management Act ... [and] ensure[s], at a minimum, no net loss of shoreline ecological functions and processes". JCC 18.25.010. As currently written by the Planning Commission, there is an overlap of regulation between the SMP buffer/setback and the proposed 500 -yard setback for commercial shooting facilities from any lakes 20 acres or greater in size. Unlike the SMP, this proposed setback does not include best available science as a basis. Staff recommends that the SMP, CUP, and SEPA process apply. Overall Staff Recommendation on Proposed New 18.20.430: Staff does not recommend adopting additional siting, design, or operational limitations beyond existing laws. The existing, time -tested and current SEPA and CUP regulations that provide a robust process for siting new uses taking into account a wide variety of approval criteria addressing the points below on an as applied case-by-case basis. 4. Staff Recommendation on Changes to the Definition of "Outdoor Shooting Range_" a. The current definition of "Outdoor Shooting Range" incorporates by reference the definition of "Shooting Range," defined as: "`Shooting range' means a facility specifically designed and used for safe shooting practice with firearms and/or for archery practice, with individual or group firing positions for specific weaponry." JCC 18.10.190 (emphasis added.) The highlighted terms are not defined in current code, so clarification is necessary, at a minimum. b. The definition of "commercial shooting facility" adopted in Ordinance No. 12-1102-18 is: "Commercial shooting facility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training for members of the armed forces, or any combination of the above that for the use of the commercial shooting facility requires a contract, charges a fee or other compensation, or requires membership. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b) Any portion of a privately owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. For the avoidance of doubt, where privately owned property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the privately owned property used for lawful shooting practices is a commercial shooting facility. 19 JCC 8.50.220(15). This definition contains two exceptions to commercial shooting facilities regulated under Article III, Chapter 8.50 JCC. Article III, Chapter 8.50 JCC does not regulate: (a) Facilities both owned and operated by a government agency; and, (b) Lawful shooting practice on privately owned property solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. In the initial draft ordinance referred to the Planning Commission, staff proposed changing the definition of "Outdoor Shooting Range" to "Non-commercial Shooting Range," defined as follows: "Non-commercial shooting facility" means any portion of a privately owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person." d. Several commenters suggested the proposed definition created an inconsistency with JCC 8.50.220(15). Staff agrees with these comments and proposes two options to address this concern: i. Appendix 1—Fix Inconsistency in Language. Staff proposed the following language in Appendix 1: "`Non-commercial shooting facility' means a shooting range that does not meet the definition of commercial shooting facility in JCC 8.50.220(15) but also does not qualify for the exceptions to the definition of commercial shooting facility in JCC 8.50.220(15)(a) or (b)." This change closes any potential gaps between the definition of "commercial shooting facility" and its two exceptions in 8.50.220(15) (a) and (b). One commenter suggested that the definition of "Non- commercial shooting facility" should not replace "outdoor shooting facility" because commercial shooting facilities, as defined in JCC 8.50.220(15) and the exceptions in the section in (a) and (b), are the only possible types of shooting ranges and "Outdoor shooting range" and "shooting range" should simply be deleted from the definitions and Use Table 3-1 and not be replaced by the proposed "non-commercial shooting facility" definition. Staff does not agree that there are no possible other uses than a "commercial shooting facility" and its two exceptions in (a) and (b). For example, assume there is a business owner with a home and decides to build a non-commercial shooting facility to train employees, friends, and other invited guests. No membership, money, or fees are exchanged. The use would need regulation, as it is a more intense use than someone shooting just in their own backyard. By naming a "non-commercial shooting facility" as a use, an applicant could not claim the use is an "unnamed use." If "outdoor shooing range" is not redefined to "non-commercial shooting facility," the County would lose the protection of the small -scales recreational and tourist uses and the land use design standards for "non-commercial shooting facility," that follow SEPA and the CUP process. ii. Appendix 2—One Standard. Staff proposes the following in Appendix 2: (1) First, change "outdoor shooting ranges" to "outdoor shooting facilities," but redefine it as follows: "`Outdoor shooting facility' means any use that includes a shooting range whether or not it is an outdoor commercial shooting facility. However, outdoor 20 shooting facility does not include shooting ranges that do not meet the exceptions for a commercial shooting facility in JCC 8.50.220(15)(a) or (b)." (2) Then, revise JCC 18.20.170 and JCC 18.20.200 to eliminate potential loopholes for home businesses and cottage industries; (3) Then, change "outdoor shooting range" to "outdoor shooting facility" in Table 3-1, the use table. (4) Finally, JCC 18.20.350(8) should be deleted from Title 18 JCC, so there is one standard for outdoor shooting facilities, whether they qualify as commercial shooting facilities or not. This option also addresses the concern of one commenter that having a separate land use category for a non-commercial shooting facility with a different set of standards in JCC 18.20.350(8) invites efforts to evade the more comprehensive standards of the new Article III, of Chapter 8.50 JCC and invites litigation because there would be inconsistent standards for organized shooting ranges. 5. Staff Recommendation on Adopting a Period of Repose: Do not adopt a provision requiring a set period of repose from shooting at a commercial shooting facility for the following reasons: a. Staff does not recommend preempting the SEPA and CUP process by prescriptively limiting the hours of operations without taking all factors, such as noise studies, design criteria, proposed operations, etc. into consideration during the SEPA and CUP process. Staff recommends that hours of operation be addressed during the SEPA and CUP process. b. The current CUP process in Title 18 JCC, along with the SEPA process, is the best way to deal with facility siting issues. In particular, SEPA will require mitigation of noise before any new commercial shooting facility can be built. The approval criteria for all conditional uses contained in Title 18 JCC require, among other things, that: "The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel." JCC 18.40.530(d). c. Staff can find no rational basis for such a provision that does not violate RCW 9.41.290. 5. SEPA COMPLIANCE FOR THE HARMONIZING ORDINANCE DCD prepared an environmental checklist detailing the proposal and its potential impacts. After review of the environmental checklist, proposal, available information, and applicable regulations, Jefferson County's SEPA Responsible Official issued a Determination of Non -Significance (DNS) on October 31, 2018 under WAC 197-11-340(2). The DNS was published on October 31, 2018 in the PT Leader and was sent to affected government agencies, tribal governments, and other parties. Jefferson County had a SEPA comment period from October 24 until November 16, 2018. The comment period was originally published in the PT Leader on October 24, 2018. After a review of the public and agency comments received during the comment period, the SEPA Responsible Official retained the DNS. Jefferson County submitted the proposed UDC amendments to the Washington State Department of Commerce for review, as required by the Growth Management Act. On November 8, 2018 Commerce concluded their review under their expedited review authority. 21 6. CONCLUSION The Planning Commission should be commended on quickly grasping the need for this ordinance, holding a timely hearing after receiving written public comment, and for providing timely recommendations. Staff recommends modifying the Planning Commission draft as set forth in the attached revised draft ordinance, as in Appendix 1 or Appendix 2. If there are questions, they should be directed to Austin Watkins and Philip Hunsucker. 22 Appendix 1 - Fixing Non -Commercial Shooting Facility Option 18.10.030 C definitions. "Commercial shootingfacility" has the same meaning as in JCC 8.50.220(15 [JCC 8.50.220(15): "Commercial shooting facility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training for members of the armed forces, or any combination of the above that for the use of the commercial shooting facility requires a contract, charges a fee or other compensation, or requires membership. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b) Any portion of a privately owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. For the avoidance of doubt, where privately owned property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the privately owned property used for lawful shooting practices is a commercial shooting facility.] 18.10.060 F definitions. "Firearm" has the same meaning as in JCC 8.50.040. FJCC 8.50.040: "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as Vnpowder. The definition of "firearm" includes the terms pistol, rifle, short -barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term "firearm" shall not include: (a) devices, including but not limited to "nail suns," which are used as tools in the construction or building industries and which would otherwise fall within this definition, or, (b) a "destructive device" as defined in 18 U.S.C. Section 921(a)(2).] 1 Appendix 1 - Fixing Non -Commercial Shooting Facility Option 18.10.090 I definitions. "Indoor facility" means has the same meaning as in JCC 8.50.220(34). [JCC 8.50.220(34): "Indoor facility" means "Indoor facility" means a commercial shooting facility within a fully enclosed structure.] 18.10.130 M definitions. "Minimal impacts" means impacts that do not cause adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval. "Minimal demands on existing infrastructure" means demands that do not cause the need for additional infrastructure, including but not limited to roads, fire protection, water, wastewater disposal or stormwater control that is not provided by the qpplicant. 18.10.140 N definitions. "Non-commercial shootingfacility" means a shooting range that does not meet the definition of commercial shooting _ facility acility in JCC 8.50.220(15) but also does not qualify for the exceptions to the definition of commercial shootingfacility in JCC 8.50.220(15)(a) or b). "NRA Range Source Book" has the same meaning as in JCC 8.50.220(39 [JCC 8.50.220(39): "NRA Range Source Book" means the most current version of The NRA Range Source Book published by the National Rifle Association.] 18.10.150 O definitions. Ot4EIE)OF ch, „6,,n v,,,,ge. (See "ShE), Hifi, , "ge—.") "Outdoor commercial shooting facility" has the same meaning as outdoor facility in JCC 8.50.220(45). [JCC 8.50.220(45): "Outdoor facility" means a commercial shooting facility that is not an indoor facility.] 18.10.160 P definitions. "Projectile" has the same meaning as in JCC 8.50.220(50). [JCC 8.50.220(50): "Projectile" means an object fired from a firearm.] 2 Appendix 1 - Fixing Non -Commercial Shooting Facility Option 18.10.180 R definitions. "Recreational uses" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction. 18.10.190 S definitions. "Shooting range" means a f edit , si3eeifieally des oa and , oa f r safe sheeting etiee weweftfyhas the same meaning as in JCC 8.50.220(61). [JCC 8.50.220(61): "Shooting range" consists of a firing line or firing points, and an impact area. A commercial shooting facility may include multiple shooting ranges.] "Small-scale recreational or tourist uses" means recreational uses or tourist uses that are reliant upon a rural setting or location, do not include any new residential development beyond that allowed in the underlying land use district, and otherwise meet the performance standards in JCC 1820.350. 18.10.200 T definitions. "Tourist uses" means used by persons traveling for pleasure or culture 18.20.350(8) Otitdeef Shootingy ^Ng-esNon-commercial shooting facilities. vutdeer sn^ commercial shooting facilities are subject to the following standards: (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of die projectiles beyond the boundaries of the parcel where they occur; (b) The National Rifle ^ sseeiatien's Range MantialSections I and II of the NRA Source Book shall be consulted and used in the development and opefationofges;irtieles '� �d 3 o the as minimum guidelines in the design,. and and operation of shooting ranges; (c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property at intervals no greater than 50 feet; (d) The s1.ee fi g afeas hooting ranges shall be surrounded by an eight -foot -high noise barrier in the form of an earth berm or wall, or be located in a minimal eight -foot deep depression; (e) The minimum lot size for an outdoor rifle, trap, skeet, or pistol range used by an organization shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres; Appendix 1 - Fixing Non -Commercial Shooting Facility Option (f) No structure or si,,,,,ting afea shooting ranges associated with a shooting -Fango on -commercial shootingfacility shall be located closer than 100 feet to any lot line; (g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the owner; (h) All shooting areas hooting ranges must be completely fenced; and (i) In the consideration of an application for permit, the approval authority shall take into account both safety and noise factors, and may prescribe additional conditions with respect thereto. .19 Appendix 1 - Fixing Non -Commercial Shooting Facility Option Table 3-1. Allowable and Prohibited Uses 4 Whether to authorize Indoor Commercial Shooting Facilities in any rural residential zones is a policy decision to be made by the BoCC. 'As proposed by the Planning Commission, having Resource-based Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), or Heavy Industrial (HI) as authorized zones would violate GMA and the JCC GMA implementing regulations. Resource Lands Other Zones Types Agricultural — Forest — Other Zones Where Only Other Zones Where No Prime and Commercial, Indoor Commercial Shooting Facility Allowed Local Rural and Shooting Facility Allowed Inholdin Specific Land Use AG CF/RF/IF Rural Residential —1 DU/5 Resource-based Industrial, Acres (RR 1:5), Rural Light Industrial/Commercial Residential -1 DU/10 (LI/C), Light Industrial (LI), Acres (RR 1:10), Rural Light Industrial/Manufacturing Residential —1 DU/20 (LI/M), Heavy Industrial (HI)' Acres (RR 1:20),' Convenience Crossroad (CC), NeighborhoodNisitor Crossroads (NC), General Crossroad (GC), and Recreation, Irondale and Port Hadlock Urban Growth Area (UGA), Parks, Preserves and Recreation (PRR) Indoor commercial No C C No shooting facility Outdoor shooting No C No No facilites 4 Whether to authorize Indoor Commercial Shooting Facilities in any rural residential zones is a policy decision to be made by the BoCC. 'As proposed by the Planning Commission, having Resource-based Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), or Heavy Industrial (HI) as authorized zones would violate GMA and the JCC GMA implementing regulations. Appendix 2 - One Standard Option 18.10.030 C definitions. "Commercial shootingfacility" has the same meaning as in JCC 8.50.220(15 [JCC 8.50.220(15): "Commercial shooting facility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training for members of the armed forces, or any combination of the above that for the use of the commercial shooting facility requires a contract, charges a fee or other compensation, or requires membership. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b) Any portion of a privately owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. For the avoidance of doubt, where privately owned property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the privately owned property used for lawful shooting practices is a commercial shooting facility.] 18.10.060 F definitions. "Firearm" has the same meaning as in JCC 8.50.040. FJCC 8.50.040: "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as Vnpowder. The definition of "firearm" includes the terms pistol, rifle, short -barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term "firearm" shall not include: (a) devices, including but not limited to "nail suns," which are used as tools in the construction or building industries and which would otherwise fall within this definition, or, (b) a "destructive device" as defined in 18 U.S.C. Section 921(a)(2).] 1 Appendix 2 - One Standard Option 18.10.090 I definitions. "Indoor facility" means has the same meaning as in JCC 8.50.220(34). [JCC 8.50.220(34): "Indoor facility" means a commercial shooting facility within a fully enclosed structure.] 18.10.130 M definitions. "Minimal impacts" means impacts that do not cause adverse impacts on the human or natural environments that cannot be mitigated _ by conditions of approval. "Minimal demands on existing infrastructure" means demands that do not cause the need for additional infrastructure, including but not limited to roads, fire protection, water, wastewater disposal or stormwater control that is not provided by the applicant. 18.10.140 N definitions. "Non-commercial shooting facility" means a shooting range that does not meet the definition of commercial shooting facility acility in JCC 8.50.220(15) but also does not qualify for the exceptions to the definition of commercial shooting facility in JCC 8.50.220(15)(a) or b). "NRA Range Source Book" has the same meaning as in JCC 8.50.220(39). [JCC 8.50.220(39): "NRA Range Source Book" means the most current version of The NRA Range Source Book published by the National Rifle Association.] 18.10.150 O definitions. "Outdoor shooting facility means any use that includes a shooting range whether or not it is an outdoor commercial shootingfacility. However, outdoor shootingfacility acility does not include shooting ranges that do not meet the exceptions for a commercial shooting facility in JCC 8.50.220(15)(a) or (b). "Outdoor commercial shooting facility" has the same meaning as outdoor facility in JCC 8.50.220(45). 2 Appendix 2 - One Standard Option [JCC 8.50220(45): "Outdoor facility" means a commercial shooting facility that is not an indoor facility.] 18.10.160 P definitions. "Projectile" has the same meaning as in JCC 8.50.220(50). [JCC 8.50.220(50): "Projectile" means an object fired from a firearm.] 18.10.180 R definitions. "Recreational uses" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction. 18.10.190 S definitions. «Shooting range" means „ f edit , oeifi al , des oa a -fl , oa for- saf si., efi. �; o . „4i, weapeMhas the same meaning as in JCC 8.50.220(61). [JCC 8.50.220(61): "Shooting range" consists of a firing line or firing points, and an impact area. A commercial shooting facility may include multiple shooting ranges.] "Small-scale recreational or tourist uses" means recreational uses or tourist uses that are reliant upon a rural setting or location, do not include any new residential development beyond that allowed in the underlying land use district, and otherwise meet the performance standards in JCC 1920350 18.10.200 T definitions. "Tourist uses" means used by persons traveling for pleasure or culture. 18.20.170(4) Standards for Cottage Industries (4) All cottage industries shall be subject to the following standards, except as provided for in the West End Planning Area and Brinnon Planning Area — Remote Rural overlay districts as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area. (a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single- family residence of the parcel on which the proposed use is being requested. (b) The cottage industry may not employ more than four employees on the site who reside off the subject property. Auto and truck repair shall only employ two persons on the site who reside off the subject property. Appendix 2 - One Standard Option (c) Only those buildings or areas as specifically approved by the county may be utilized in the conduct of business. (d) Any business requiring customers to visit the site shall provide adequate on-site parking spaces, in addition to one for each full-time equivalent employee who resides off the subject property, and two for the owners of the property. All parking spaces shall meet the standards of JCC 18.30.100. (e) All structures and outside activities shall be so located or screened from adjacent properties to avoid disturbances through glare, noise, dirt or other nuisances or hazards. (f) All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. (g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130. (h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. (i) No business may provide drive-through service. 0) Cottage industries shall be limited in their hours of operation. No business on-site customer service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday. (k) The administrator may attach additional conditions or requirements, or may make modifications to the site plan where necessary to protect the health, safety and welfare of the public. (1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions of approved cottage industries are permitted, except as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote overlay districts. (m) No exterior display of goods for sale shall be allowed. (n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of the buildings and property shall be maintained. (o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in character with neighboring properties. In no case shall more than 5,000 square feet of total building area on the property be devoted to the cottage industry. .19 Appendix 2 - One Standard Option (p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150. (q) No on-site direct retail sales of products not produced on-site are allowed, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and their accessories. (r) Minimum parcel size shall be one acre gross site area. (s) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property. Any after-hours business activities shall not have noise impacts discernible beyond the property boundaries. (t) Not more than one cottage industry shall be allowed in or on the same premises. (u) The proposed cottage industry shall comply with the standards and requirements of the Jefferson County environmental health department. (v) Where shooting firearms is associated with a cottage industrtaproperty, such property shall be considered a commercial shootingfacility. 18.20.200(2) on Permitted Home Businesses (2) Permitted home businesses do not include the following: (c) Veterinary clinic or hospital (d) Uses which are associated with shooting firearms. 18.20.350(8) on Outdoor Shooting Ranges �.T�i�S'!lEff�R� . ! � � W lflEfiilT�lT.!lflJ���:ILT.r�:ll�S. Appendix 2 - One Standard Option Y. ! minitnttm lot size shall be five aet:es�- Appendix 2 - One Standard Option Table 3-1. Allowable and Prohibited Uses 6 Whether to authorize Indoor Commercial Shooting Facilities in any rural residential zones is a policy decision to be made by the BoCC. 'As proposed by the Planning Commission, having Resource-based Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), or Heavy Industrial (HI) as authorized zones would violate GMA and the JCC GMA implementing regulations. Resource Lands Other Zones Types Agricultural Forest — Other Zones Where Only Other Zones Where No — Prime and Commercial, Indoor Commercial Shooting Facility Allowed Local Rural and Shooting Facility Allowed Inholdin Specific Land Use AG CF/RF/IF Rural Residential —1 DU/5 Resource-based Industrial, Acres (RR 1:5), Rural Light Industrial/Commercial Residential -1 DU/10 Acres (LI/Q, Light Industrial (LI), (RR 1:10), Rural Light Residential -1 DU/20 Acres Industrial/Manufacturing (RR 1:20),6 Convenience (LI/M), Heavy Industrial (HI)' Crossroad (CC), NeighborhoodNisitor Crossroads (NC), General Crossroad (GC), and Recreation, Irondale and Port Hadlock Urban Growth Area (UGA), Parks, Preserves and Recreation (PRR) Indoor commercial No C C No shooting facility Outdoor shooting No C No No faciliLyfqpggs 6 Whether to authorize Indoor Commercial Shooting Facilities in any rural residential zones is a policy decision to be made by the BoCC. 'As proposed by the Planning Commission, having Resource-based Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), or Heavy Industrial (HI) as authorized zones would violate GMA and the JCC GMA implementing regulations. Appendix 3 — Planning Commission Findings and Recommendations �qs©N cp JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street I Port Townsend, WA 98368 2 360-379-4450 1 email: PlanComm@co.jefferson.wa.us I NG�fl http://www.co.jefferson.wa.us/580/Planning-Commission To: Board of County Commissioners From: Planning Commission Date: November 19, 2018 Subject: Planning Commission recommendations on proposed amendments to the Unified Development Code, Title 18 relating to shooting facilities in unincorporated Jefferson County Honorable Commissioners Sullivan, Ner, and Dean: The Jefferson County Planning Commission is pleased to transmit to the Board of County Commissioners ("BoCC") our recommended draft ordinance modifying Title 18 JCC relating to shooting facilities. The findings and recommendations presented in this transmittal, were approved with a unanimous vote of the Planning Commission on November 19, 2018. This report summarizes the process and the work product related to the proposed ordinance. Process On December 18, 2017, the BoCC approved a one-year moratorium on new and the expansion of existing commercial shooting facilities in unincorporated Jefferson County. The moratorium was passed in order to protect the public safety and ensure future viability of commercial shooting facilities. The moratorium prohibits the "submission, acceptance, processing or approval of any Jefferson County permit application for any proposed use, development, proposal or project for the siting, construction or modification of any commercial shooting facility, during the period of development of an ordinance." Jefferson County Ordinance No. 05-1218-17. The moratorium defines a commercial shooting facility as a "commercial facility have one or more shooting ranges that for use of the facility require a contract, charge a fee, or require membership." Ordinance No. 05-1218-17 contained a workplan that required establishment of a review committee to advise to staff in the development of a commercial shooting facility ordinance ("CSFO"). The workplan required presentation by staff of a draft CSFO to the BoCC by August 23, 2018. The review committee established by Ordinance No. 05-1218-17 met 16 times over a number of months for a total of over 40 hours and developed a draft CSFO under Title 8 JCC, the Health and Safety Code, requiring an operating permit for any new or established commercial shooting facility in unincorporated Jefferson County. The detailed history of the work of the review committee is at httys://co.iefferson.wa.us/1291/Commercial- Shooting-Facility-Review-Comm. The draft CSFO ordinance was transmitted to the BoCC by staff as Appendix 1 to an August 23, 2018 Staff Report. The August 23, 2018 Staff Report described the review committee process and the draft CSFO ordinance. The BoCC was briefed by staff twice on the staff report and draft CSFO ordinance, once on August 26, 2018 and again on September 9, 2018. On September 10, 2018 the BoCC referred to the Planning Commission and staff the development of a draft ordinance under Title 18 of the Jefferson County Code ("JCC") otherwise known as the Unified Development Code ("UDC"). The draft UDC ordinance was described in the August 23, 2018 staff report. The proposed ordinance amending the UDC relating to shooting facilities did not require that the CSFO be adopted before considering draft UDC ordinance. The draft UDC ordinance clarifies definitions, clarifies the small-scale tourist and recreation uses, and updates allowable and prohibited uses under the PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners JCC 18.15.40 Table 3-1 "Allowable and Prohibited Uses". The draft UDC ordinance could be considered independently of the proposed CSFO. However, on November 2, 2018, the BoCC adopted a CSFO in Ordinance No. 12-1102-18. On September 17, 2018 staff made a presentation to the Planning Commission describing potential loopholes in the UDC that would be closed by the draft UDC ordinance. A second staff briefing to the Planning Commission took place on October 17, 2018 when a proposed draft UDC ordinance was provided. The Planning Commission accepted written comments from October 24, 2018 until November 16, 2018 regarding the draft UDC ordinance. Public Hearing The Planning Commission held a public hearing, accepting verbal and written testimony, on the proposed draft UDC ordinance on November 7, 2018. Proposed Amendments to Unified Development Code 1. Summary of Proposal and Amendments Selected definitions are updated, improved, and consistent. Outdoor commercial shooting facilities become a Conditional Use Permit (Type III) in Commercial Forest, Rural Forest, and Inholding Forest. • Non-commercial shooting facilities continue to require a Conditional Use Permit (Type 111) in Commercial Forest, Rural Forest, and Inholding Forest. This changes JCC 18.15.040, Table 3-1, Allowable and Prohibited Uses from "outdoor shooting ranges" to "non-commercial shooting ranges". This use still requires compliance with the small-scale tourist and recreation use criteria. Consistency updates to the small-scale tourist and recreation use criteria, JCC 18.20.350(8). 2. Definitions (underlines are additions and st*etheughs are proposed deletions) 18.10.030 C definitions. "Commercial shooting_ facility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting Practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training_for members of the armed forces, or any combination of the above. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington. or any political subdivision of the State of Washington: (b) Any Portion of a Privately -owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners 18.10.060 F definitions. "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms pistol rifle, short -barreled rifle, shotgun, short -barreled shotgun machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term "firearm" shall not include. (a) devices, including but not limited to "nail guns." which are used as tools in the construction or building industries and which would otherwise fall within this definition: or. (b) a "destructive device" as defined in 18 U.&C. 4921(a)(2).. 18.10.090 i definitions. "Indoor facility" mans a commercial shooting facility within a fulhr enclosed structure. 18.10.140 N definitions. "Non-commercial shoojiing facility" means any portion of a Privately owned property used for lawful shooting practice solely 4Y its owner or the owner's guests without Payment of any compensation to the owner of the privately owned proeg_rty or to any other person. "NRA Ran1g Source Book" means the most current version of The NRA Range Source Book published by the National Rifle Association. 18.1 a 150 O definitions. " "j "0�, tdoor commercial shooting facility" means a commercial shooting facility that is not an indoor facility. 18.10.160 P definitions. "Proiectile" means an object fired from a firearm. 18.10.190 S definitions. "Shooting range" consists of a firing line or firing points. and an impact area. A commercial shooting facility may include multiple shooting ranges. 3. fable 3-1. Allowable and Prohibited Use Table (,"Use Table") (underlines are additions and str+keth�eughs are proposed deletions) PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners 4. Modifications to the small-scale tourist and recreation uses WCC 18.20.35018)) (underlines are additions and stAkethFoughs are proposed deletions) (8) Q Wear SheNon-commercial shooting facilities. Non- commercial shooting facilities are subject to the following standards: (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of amFnwnAiGaprojecfles beyond the boundaries of the parcel where they occur; (b) The Sections I and II of the NRA Source Book shall be consulted and used, and 3 of theemapf'-QATA as minimum guidelines in the design and construction and operation of shooting ranges; (c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property at intervals no greater than 50 feet; Resource Lands Other Zones Types Forest - Other Zones Where Other Zones Where No Agricultural Commercial, Only Indoor Shooting Facility Allowed - Prime and Rural Commercial Shooting Local and Inholding Facility Allowed Specific Land AG CF/RF/IF Rural Residential -1 Resource-based Industrial, Use DU/5 Acres (RR 1:5), Light Industrial/Commercial Rural Residential -1 (LI/C), Light Industrial (LI), DU/10 Acres (RR 1:10), Light Rural Residential -1 Industrial/Manufacturing DU/20 Acres (RR 1:20), (LI/M), Heavy Industrial (HI) Convenience Crossroad (CC), NeighborhoodiVisitor Crossroads (NC), General Crossroad (GC), and Recreation, Irondale and Port Hadlock Urban Growth Area (UGA), Parks, Preserves and Recreation PRR Indoor commercial No C C No shoobno facili Outdoor No C No No commercial shootingiacility OUtdeer-shaeliflg fangoG NO G No No Non-commercial No C No No shooting facility 4. Modifications to the small-scale tourist and recreation uses WCC 18.20.35018)) (underlines are additions and stAkethFoughs are proposed deletions) (8) Q Wear SheNon-commercial shooting facilities. Non- commercial shooting facilities are subject to the following standards: (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of amFnwnAiGaprojecfles beyond the boundaries of the parcel where they occur; (b) The Sections I and II of the NRA Source Book shall be consulted and used, and 3 of theemapf'-QATA as minimum guidelines in the design and construction and operation of shooting ranges; (c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property at intervals no greater than 50 feet; PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners (d) The sheeting areasshootina ranges shall be surrounded by an eight -foot -high noise barrier in the form of an earth berm or wall, or be located in a minimal eight -foot deep depression; (e) The minimum lot size for an outdoor rifle, trap, skeet, or pistol range used by an organization shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres; (f) No structure or sheiating aFeasshoofingnes associated with a shWbAfl Fangenon-commercial shooting facility shall be located closer than 100 feet to any lot line; (g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the owner; (h) All shooting areasshooting ranges must be completely fenced; and (i) In the consideration of an application for permit, the approval authority shall take into account both safety and noise factors, and may prescribe additional conditions with respect thereto. Required Findings In support of this recommendation for the Comprehensive Plan and UDC amendments, the Planning Commission enters the following findings and conclusions: I. Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? The Planning Commission finds that the Comprehensive Plan's implementing regulations (Title 18, Jefferson County Code / Unified Development Code) require updates to ensure consistency, improve usability, and close loopholes. Circumstances have substantially changed in the County requiring these updates. On November 2, 2018, the Jefferson County Board of County Commissioners ("BOCC") passed Ordinance No. 12-1102-18, the Commercial Shooting Facility Ordinance ("CSFO"), which adopts health and safety regulations relating to commercial shooting facilities in the County. (ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? The Planning Commission finds that new information relating to shooting facilities is available, which was not considered in the adopted Comprehensive Plan, nor the draft Comprehensive Plan periodic review and update. Information includes application of development regulations and their impacts on the County. PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? The Planning Commission finds the proposal reflects currently widely held values. The Planning Commission received extensive public comment on this proposal. Unlike the public comment asserts, this proposal expressly names an potential unnamed use (commercial shooting facility), limiting the proposed use's location to the rural forest, commercial forest, and inholding forest zoning classifications as a conditional use permit. Under the current development regulations, an unnamed use may be located in substantially more zoning classifications than this proposal. The Planning Commission finds that the proposal reflects currently widely held values. II. Required Findings from JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Growth Management Indicators I) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? The Planning Commission finds that in part that development is occurring slower than envisioned in the adopted Comprehensive Plan. ii) Has the capacity of the county to provide adequate services diminished or increased? The Planning Commission finds that the capacity of the County to provide adequate services has not diminished or increased relating to this proposal. iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? The Planning Commission finds there is sufficient urban land as designated and zoned to meet projected demand and need. IV) Are any of the assumptions upon which the plan is based no longer found to be valid? The Planning Commission finds that all assumptions in the Comprehensive Plan are valid. V) Are there changes in the county -wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? The Planning Commission finds that the county -wide attitudes have changed since the last adoption of the Comprehensive Plan. However, major amendments to the Comprehensive Plan are currently being deliberated by the BoCC, including amendments to the Comprehensive Plan's Vision Statement. Changes in county -wide attitude necessitate the proposal. vi) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? The Planning Commission finds that changes in circumstances require the proposal, which updates the Comprehensive Plan's implementing development regulations. This 6 PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners Includes changes in county -wide attitudes relating to commercial shooting facilities, siting issues, and potential loopholes in the current UDC. vll) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County? The Planning Commission finds that there are no inconsistencies between the Comprehensive Plan, GMA, and County -wide Planning Policies. III. Additional Findings from JCC 18.45.080(1)(c)(i-vii) 1. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services); The Planning Commission finds that this is not applicable to the proposal. The proposal is not site-specific. II. The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan; The Planning Commission finds that the proposal, while not a site-specific amendment is consistent with the Jefferson County Comprehensive Plan. The proposal clarifies definitions, updates references, and expressly allows previously unnamed uses as a Conditional Use Permit, in limited zoning classifications, under the Allowable and Prohibited Uses Table. As currently drafted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result in an allowable or conditional use in all zoning classifications. The proposal requires all site specific proposals to be processed as Type III Conditional Use Permit, which requires the site specific proposal to be consistent with the Comprehensive Plan, in its entirety. III. The proposed site-specific amendment will not result in probable significant adverse impacts to the county's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; The Planning Commission finds that the proposal does not result in probable significant adverse impact county's transportation network, capital facilities, utilities, parks, and environmental features. All site specific commercial shooting facilities, will be processed as a Type III Conditional Use Permit, requiring compliance with the Conditional Use Permit approval criteria and the State Environmental Policy Act. IV. In the case of a site-specific amendment to the Land Use Map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: a. Access; b. Provision of utilities; and c. Compatibility with existing and planning surrounding land uses; The Planning Commission finds that this criteria is not applicable to the proposal. V. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole; PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners The Planning Commission finds that the proposal will not create pressure to change the land use designation of other properties. The proposal clarifies definitions, updates references, and expressly allows previously unnamed uses as a Conditional Use Permit, in limited zoning classifications, under the Allowable and Prohibited Uses Table. As currently drafted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result In an allowable or conditional use in all zoning classifications. The proposal limits potential future pressure to change the land use designation of other properties. VI. The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan; The Planning Commission finds that the proposal does not materially affect the land use and population projects that are the bases of the Comprehensive Plan. The proposal clarifies definitions, updates references, and expressly allows previously unnamed uses as a Conditional Use Permit, in limited zoning classifications, under the Allowable and Prohibited Uses Table. As currently drafted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result in an allowable or conditional use in all zoning classifications. VII. If within an unincorporated urban growth area ("UGA"), the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; The Planning Commission finds that this criteria is not applicable to the proposal. VIII. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County -Wide Planning Policy for Jefferson County, any other applicable inter jurisdictional policies or agreements, and any other local, state or federal laws. The Planning Commission finds that the proposal, while not a site-specific amendment is consistent with the Jefferson County Comprehensive Plan, GMA, the Jefferson County county -wide Planning Policies, and other applicable regulations, rules, or statutes. The proposal clarifies definitions, updates references, and expressly allows previously unnamed uses as a Conditional Use Permit, in limited zoning classifications, under the Allowable and Prohibited Uses Table. As currently drafted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result in an allowable or conditional use in all zoning classifications. The proposal requires all site specific proposals to be processed as Type III Conditional Use Permit, which requires the site specific proposal to be consistent with the Comprehensive Plan, in its entirety. [end of required findings] PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners Recommendations Based upon formal deliberation concerning these proposed amendments reviewed under MLA18-00098, the Planning Commission recommendations for consideration by the Board of County Commissioners include the following: 1. The proposed changes to 18.30.0 definitions are recommended as approved. 2. The proposed changes to 18.60.F definitions are recommended as approved. 3. The proposed changes to 18.90.1 definitions are recommended as approved. 4. The proposed changes to 18.140.N definitions are recommended as approved. 5. The proposed changes to 18.150.0 definitions are recommended as approved. 6. The proposed changes to 18.160.P definitions are recommended as approved. 7. The proposed changes to 18.190.S definitions are recommended as approved. 8. The proposed changes to 18.20.350(8) are recommended as approved, as modified as follows: a. 18.20.350(8)(d) should be modified to read: The shooting ranges shall be surrounded by a minimum sixteen -foot high above grade noise barrier in the form of an earth berm, or wall.; and, b. 18.20.350(8)(h) should be modified to read: All shooting ranges must be completely fenced to a minimum height of eight feet. 9. The proposed changes to Table 3-1 Allowable and Prohibited Uses for Outdoor Commercial Shooting Facilities are recommended as approved. 10. The proposed changes to Table 3-1 Allowable and Prohibited Uses for Indoor Commercial Shooting Facilities are recommended as approved, except as follows: a. Rural Residential — 1 DU/5 Acres (RR 1:5), Rural Residential — 1 DU/10 Acres (RR 1:10), Rural Residential — 1 DU/20 Acres (RR 1:20) should be listed as "No" in the column for Other Zones Where Only Indoor Shooting Facility Allowed; and, b. Resource-based Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light IndustriaUManufacturing (LI/M), Heavy Industrial (HI) should listed as "C° in the column for Other Zones Where Only Indoor Commercial Shooting Facility Allowed. 11. Additional requirements should be added to Title 18 JCC as follows: a. 18.010 A definitions should be amended to add a definition of armed forces as follows: "'Armed forces' means the armed forces of the United States or of the National Guard or organized reserves." b. 18.160 P definitions should be amended to add a definition for paramilitary organization as follows: "'Paramilitary organization' means a semi -militarized force whose organizational structure, tactics, training, subculture, and function are similar to those of the armed forces, but which is not included as part of a the armed forces. c. A new section "18.20.430 Commercial and Non -Commercial Shooting Facilities" should be added as follows: 18.20.430 Commercial and Non -Commercial Shooting Facilities (1) Organizational training for armed forces, law enforcement or paramilitary organizations is prohibited at any commercial shooting facility or any non-commercial shooting facility. (2) All outdoor shooting at a commercial shooting facility must occur only between the hours of 8 a.m. and 5 p.m. (3) It is unlawful to land any aircraft at a commercial shooting facility or to discharge firearms from an aircraft or drone at any commercial shooting facility. (4) Commercial shooting facilities in Jefferson County must provide a minimum 500 -yard buffer around any lake greater than 20 acres in size. A revised proposed ordinance is attached as Appendix 1. The Planning Commission wishes to thank the Board for the opportunity to work in our communities and bring forward these recommendations. We took forward to working with the Board on the implementation projects that follow from the Comprehensive Plan's goals and policies. PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners Transmitted File Location The transmitted files that accompany these finding and recommendations are located in the Community Development Laserfiche repository, accessible with the following web link: ho://test.co.icfferson.wa.g§weblinkexternaUoVl 9SQ72li�owi atsox Sincerely, Michael Nilssen Planning Commission Chair 10 PC Recommendations Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners APPENDIX 1 COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Harmonizing Title 18 JCC } with the Commercial Shooting Facilities } ORDINANCE NO. 12-1102-18 Ordinance No. } WHEREAS, on December 18, 2017, the Board of County Commissioners (BoCC) adopted Ordinance No. 05-1218-17. an Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County (the Moratorium); and, WHEREAS, staff recommended changes to Title 18 JCC in order to harmonize Title 18 JCC with the new draft Article III, Chapter 8.50 JCC; and, WHEREAS, the Planning Commission has held a hearing and has received public comment on the draft ordinance proposed by staff that improves Title 18 JCC and would be consistent with the new Article III, Chapter 8.50 JCC; and, WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC regarding the draft ordinance proposed by staff that that improves Title 18 JCC and would be consistent with the new Article III, Chapter 8.50 JCC; and, WHEREAS, following the Planning Commission's consideration of the draft ordinance proposed by staff that that improves Title 18 JCC and would be consistent with the new Article III, Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on the draft ordinance proposed by staff that that improves Title 18 JCC and would be consistent with the new Article III, Chapter 8.50 JCC; and, WHEREAS, in response to the public comment and testimony, additional improvements to the proposed ordinance that that improves Title 18 JCC and would be consistent with the new Article III, Chapter 8.50 JCC, NOW, THEREFORE, be it ordained that: Section 1. Modification of Title 18 JCC. Title 18 JCC shall be modified as set forth in Appendix A, including as follows: E�m b. Approve the use of indoor commercial shooting facilities that improves Title 18 JCC and would comply with the new commercial shooting facility ordinance, the followingzones with as a conditional use: Convenience Crossroad (CC), General Crossroad (GC), Heavy Industrial (HI), Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light 1 of 12 Industrial/Manufacturin2 (LI/Ml). Irondale and Port Hadlock Urban Growth Area (UGA NeighborhoodNisitor Crossroads (NC). Parks, Preserves and Recreation (PRR), but, not allowed in the following zones: Rural Residential — 1 DU/5 Acres (RR 1:5), Rural Residential — 1 DU/10 Acres (RR 1:10), Rural Residential — 1 DU/20 Acres (RR 1:20).iff all zeftes, eyeep "apieultuml researee-lands(agi+eu!Wrallands) ... "ifidust use, heavy OF mseuur-ee based" "lige iadus**tAal.-L'' 2of12 112! 1 • / 1 • i W&WWATAln IT91.4fr.9 P -R -TA W&Mi t 1 1 1 1 / Y. - ".1TA STA Y. / 111 1 1 2of12 Eb. Add the following definition to JCC 18.10.090: "`Indoor facility' means a commercial shooting facility within a fully enclosed structure." d c. Add definitions to Title 18 JCC needed for consistency with the new draft commercial shooting facility ordinance. For example, a definition of commercial shooting facility that incorporates the definition in the new commercial shooting facility ordinance shall be added to Title 18. Specifically: L Add the following definition to JCC 18.10.030: "Commercial shooting facility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training for members of the armed forces, or any combination of the above. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b) Any portion of a privately -owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. ii. Add the following definition to JCC 18.10.060: "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms pistol, rifle, short - barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term "firearm" shall not include: (a) devices, including but not limited to "nail guns," which are used as tools in the construction or building industries and which would otherwise fall within this definition; or, (b) a "destructive device" as defined in 18 U.S.C. §921 (a)(2). iii. Add the following definition to JCC 18.10.140: "`Non-commercial shooting facility' means any portion of a privately -owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person." 3of12 iv. Add the following definition to JCC 18.10.140: "NRA Range Source Book" means the most current version of The NRA Range Source Book published by the National Rifle Association. V. Add the following definition to JCC 18.10.150: "`Outdoor commercial shooting facility' means a commercial shooting facility that is not an indoor facility." vi. Delete the definition of "outdoor shooting range" in JCC 18.10.150. i. Add the following definition to JCC 18.10.160: "`Projectile' means an object fired from a firearm." ii. The definition of"shooting range" in JCC 18.10.190 shall be changed to "`Shooting range' consists of a firing line or firing points, and an impact area. A commercial shooting facility may include multiple shooting ranges." e.d. Modify JCC 18.20.350(8) for small-scale recreation and tourist uses and other provisions of Title 18 JCC that improves it and would be consistent with the new draft commercial shooting facility ordinance, while preserving their limitations for uses in effect before adoption of the new draft commercial shooting facility ordinance. Specifically: i. Change "outdoor shooting range" in JCC 18.20.350(8), to "non-commercial outdoor shooting ranges." ii. Change "ammunition" in JCC 18.20.350(8)(a) to "projectile." iii. Change "NRA Range Manual" in JCC 18.20.350(8)(b) to "NRA Source Book." iv. Change "shooting areas" in JCC 18.20.350(8)(d) JCC 18.30.350(8)(f), and JCC 18.20.350(8)(h) to "shooting ranges." V. Change "shooting range" in JCC 18.20.350(8)(fl to "non-commercial shooting facility." €e. Modify Table 3-1 in Title 1818 that improves it and would be consistent with the new commercial shooting facility ordinance and the Growth Management Act (GMA), while preserving their limitations for uses in effect before adoption of this ordinance. Specifically: 4of12 Change "outdoor shooting ranges" used in Table 3-1 to "non-commercial shooting facilities." ii -.—Add "indoor commercial shooting facilities" to Table 3-1 in the following zones as a conditional use: Convenience Crossroad (CC), General Crossroad (GC), Heavy Industrial (HI), Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M)), Irondale and Port Hadlock Urban Growth Area (UGA), NeighborhoodNisitor Crossroads (NC), Parks, Preserves and Recreation (PRR), but, not allowed in the following zones: Rural Residential — 1 DU/5 Acres (RR 1:5), Rural Residential — 1 DU/10 Acres (RR 1:10), Rural Residential — 1 DU/20 Acres (RR ,&affietilkir-al FeSOHF6L- lands (agFieultufal lands)," "ifidastr-ial use, heavy eF ii. Add outdoor commercial shooting ranges to Table 3-1 as a conditional use in RF, CF and IF zones only. f. Add the following_ provisions as recommended by the Jefferson County_ Planning Commission on November 19, 2018: L The proposed changes to 18.20.350(8) are recommended as approved, as modified as follows: (a) 18.20.350(8)(d) should be modified to read: The shooting ranges shall be surrounded by_a minimum sixteen -foot high above grade noise barrier in the form of an earth berm, or wall.; and, (b) 18.20.350(8)(h) should be modified to read: All shooting ranges must be completely fenced to a minimum height of eight feet. ii. 18.010 A definitions should be amended to add a definition of armed forces as follows: "`Armed forces' means the armed forces of the United States or of the National Guard or organized reserves." iii. 18.160 P definitions should be amended to add a definition for paramilitary organization as follows: "`Paramilitary organization' means a semi -militarized force whose organizational structure, tactics, training, subculture, and function are similar to those of the armed forces, but which is not included as part of a the armed forces. iv. A new section "18.20.4230 Commercial and Non -Commercial Shooting Facilities" should be added as follows: 5of12 18.20.4320 Commercial and Non -Commercial Shooting Facilities (1) Organizational training for armed forces, law enforcement or paramilitary organizations is prohibited any commercial shooting facility or any non- commercial shootingfacility. (2) All outdoor shooting at a commercial shooting facility must occur only between the hours of 8 a.m. and 5 p.m. (3) It is unlawful to land any aircraft at a commercial shooting facility or to discharge firearms from an aircraft or drone at any commercial shooting facility. (4) Commercial shooting facilities in Jefferson County must provide a 500 -yard buffer around an lake greater than 20 acres in size. Section 2. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 3. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. Repeal and Replace. The changes authorized above are to repeal and replace the relevant provisions in Title 18 JCC. However, legal nonconforming uses that have been established prior to the adoption of this Ordinance shall continue to be bound by the requirements in JCC 18.20.350(8) as it existed prior to the effective date of this ordinance. Section 5. Effective Date. This ordinance is effective immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 6of12 ADOPTED this day of 2018, at _ _ a.m. SEAL: ATTEST: Carolyn Gallaway, Deputy Clerk of the Board 7of12 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Kate Dean, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney APPENDIX A PROPOSED ADDITIONS OR DELETIONS TO DEFINITIONS: 18.010 A definitions. "`Armed forces' means the armed forces of the United States or of the National Guard or organized reserves." 18.10.030 C definitions. (1) "Commercial shootingfacility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training for members of the armed forces, or any combination of the above. There may one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b) Any portion of a privately -owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. 18.10.060 F definitions. "Firearm" means a weapon or device from which a proiectile or proiectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms pistol, rifle, short - barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term "firearm" shall not include: (a) devices, including but not limited to "nail guns," which are used as tools in the construction or building industries and which would otherwise fall within this definition; or. (b) a "destructive device" as defined in 18 U.S.C. §921(a)(2) 8of12 18.10.090 I definitions. "Indoor facility" means a commercial shooting facility within a fully enclosed structure. 18.10.140 N definitions. "Non-commercial shootingfacility" acility" means any portion of a privately owned property used for lawful shooting_ practice solely y its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. "NRA Range Source Book" means the most current version of The NRA Range Source Book published by the National Rifle Association. 18.10.150 O definitions. Q -1 -A -d -A -A -F Sheeting Range. (See "Sheefing „J "Outdoor commercial shootingfacility" acility" means a commercial shooting facility that is not an indoor facility. 18.10.160 P definitions. "`Paramilitary organization' means a semi -militarized force whose organizational structure, tactics, training, subculture, and function are similar to those of the armed forces, but which is not included as part of a the armed forces. "Projectile" means an object fired from a firearm. 18.10.190 S definitions. "Shooting range" consists of a firing line or firing points, and an impact area. A commercial shootingfacility acility may include multiple shooting ranges. PROPOSED CHANGES TO JCC 18.20.350(8): (8) OtAdeef Sheeting RatigesNon-commercial shooting facilities. Non- commercial shooting facilities are subject to the following standards: (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of an man.- projectiles beyond the boundaries of the parcel where they occur; (b) The Sections I and II of the NRA Source Book shall be consulted and used in , and as minimum guidelines in the design, and construction and operation of shooting ranges; 9of12 (c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property at intervals no greater than 50 feet; (d) The sheetingar-easshooting ranges shall be surrounded by an ei&sixteen-foot-high above rg ade noise barrier in the form of an earth berm or wall, deep depressie�t; (e) The minimum lot size for an outdoor rifle, trap, skeet, or pistol range used by an organization shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres; (f) No structure or sheeting areasshooting ranges associated with a sheefingmAgenon- commercial shooting facility shall be located closer than 100 feet to any lot line; (g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the owner; (h) All sheetinga}easshooting_ranges must be completely fenced to a minimum height of eight feet; and (i) In the consideration of an application for permit, the approval authority shall take into account both safety and noise factors, and may prescribe additional conditions with respect thereto. 18.20.420 Commercial and Non -Commercial Shooting Facilities (1) Organizational training for armed forces, law enforcement or paramilitary organizations is prohibited any commercial shooting facility or any non-commercial shooting facility. (2) All outdoor shooting at a commercial shootingfacility acility must occur only between the hours of 8 a.m. and 5 p.m. (3) It is unlawful to land any aircraft at a commercial shooting facility or to discharge firearms from an aircraft or drone at any commercial shooting facility. (4) Commercial shooting facilities in Jefferson County must provide a 500 -yard buffer around any lake greater than 20 acres in size. 10 of 12 PROPOSED CHANGES TO THE USE TABLE: Table 3-1. Allowable and Prohibited Uses. 11 of 12 Resource Lands Other Zones Tvves Forest — Other Zones Where Only Other Zones Where No Agricultural Commercial, Indoor Commercial Shooting Facility Allowed — Prime and Rural Shooting Facility Allowed Local and Inholdin Specific AG CF/RF/IF Convenience Crossroad Rural Residential —1 Land Use (CC), General Crossroad DU/5 Acres (RR 1:5), (GC), Heavy Industrial Rural Residential —1 (HI), Industrial, Light DU/10 Acres (RR 1:10), Industrial/Commercial Rural Residential —1 (LI/C), Light Industrial DU/20 Acres (RR LI Li ht 1:20 Ind ustrial/Manufacturin2 industrial, 'glut (LI/M)), Irondale and Port Hadlock UrbanLight Growth Area (UGA), Neighborhood/Visitor IndustrAMManufaet Crossroads (NC), Parks, Preserves and Recreation 041) PRR)Rural Residential . , Rural Residential i , DU/20 Aeres (RR , fCC+, NeighboFhoodAlisito Crossroads-(N4C}; General Crossroad (GC-)-, and Port 14adloeli UFban Indoor No C C No commercial shooting facility Outdoor No C No No commercial shooting facility 11 of 12 9ttiee Sheeting fanges NO E No No Non- No C No No commercial shooting facility 12 of 12