HomeMy WebLinkAbout121418S JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Austin Watkins,Planning Manager
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: December 14,2018
RE: December 14, 2018 Deliberations on Ordinance Harmonizing Title 18 of the
Jefferson County Code with Commercial Shooting Facilities Ordinance No. 12-
1102-18
STATEMENT OF ISSUE: The Board of County Commissioners is asked to conduct
deliberations on December 14, 2018 on the draft ordinance harmonizing Title 18 "Unified
Development Code" of the Jefferson County Code with the Commercial Shooting Facilities
Ordinance No. 12-1102-18, which is in Planning Commission findings and recommendations
attached as ATTACHMENT 2. Staff recommends that the BoCC modify the Planning
Commission's recommended proposed ordinance as shown in ATTACHMENT 1.
ANALYSIS: On December 18, 2017,the Board of County Commissioners (BoCC) approved a
one-year moratorium(Ordinance No. 05-1218-17) on new and expansion of existing commercial
shooting facilities in unincorporated Jefferson County. The moratorium was for up to one year,
expiring at the end of December 17, 2018.
Ordinance No. 05-1218-17, as modified by Ordinance 01-0220-18, contained a workplan for
developing an ordinance for the permitting, development and operation of commercial shooting
facilities that: (1)provides for and promotes safety by establishing a permitting procedure and
rules for the siting, design and operation of commercial shooting range facilities that safeguards
participants, spectators, neighboring properties and the public; (2) does not prohibit or expressly
regulate the discharge of firearms; (3) involves measures designed to make the discharge of
firearms safe; (4)protects the environment; (5) ensures compatibility with neighboring land use;
and, (6)promotes the continued availability of shooting facilities for firearm education, practice
in the safe use of firearms, and recreational firearm sports.
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
an August 23, 2018 staff report. On September 17, 2018 the Planning Commission heard a
presentation describing potential loopholes in the UDC that would be closed by amending the
UDC. A second staff briefing to the Planning Commission took place on October 17, 2018 when
a draft UDC ordinance was proposed.
1
On November 2, 2018,the BoCC adopted a Commercial Shooting Facilities Ordinance
(Ordinance No. 12-1102-18) amending Chapter 8.50 of the Jefferson County Code, and retitling
it"Shooting in the County."
The Planning Commission held a public hearing on November 7, 2018, accepting verbal and
written testimony on proposed companion amendments to Title 18,the Unified Development
Code. The Planning Commission accepted written comments on the Title 18 amendments from
October 24, 2018 through November 16, 2018.
On November 19, 2018, the Planning Commission deliberated on the hearing record, and voted
to recommend to the BoCC a draft ordinance modifying Title 18 JCC relating to shooting
facilities. The findings and recommendations of the Planning Commission were approved by
unanimous vote of the Planning Commission at that meeting.
On November 26, 2018,the BoCC set a written public comment period and set a hearing for
December 10, 2018 at 6:00 p.m. at the Fort Worden Commons.
On December 3, 2018 staff presented a staff report commenting on the proposed ordinance, and
included recommended changes to the proposed ordinance. The staff report is attached as
ATTACHMENT 3. Also on December 3, 2018, the BoCC received a briefing from staff on the
proposed ordinance and staff's comments contained in the staff report.
On December 10, 2018, the BoCC held a hearing on the proposed ordinance at the Fort Worden
Commons.
Written public comments have been received on the proposed ordinance.
Based on the oral and written testimony and additional analysis, Staff recommends additional
changes to the proposed ordinance that are in ATTACHMENT 1.
FISCAL IMPACT: Holding a public hearing at Maritime Center on December 14, 2018, will
cost the County $775.00, including a$250.00 refundable deposit.
RECOMMENDATION: That the BoCC hold the deliberations on December 14, 2018 to
complete its deliberations on the complete hearing record and to take action to adopt the draft
ordinance attached as ATTACHMENT 1 with or without further modifications.
�..IEWED Ar
" ` `ip
MorMrCotinistrator Date
2
ATTACHMENT 1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Harmonizing Title 18 JCC }
with the Commercial Shooting Facilities } ORDINANCE NO.
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, in the Moratorium Ordinance, the BoCC established a review committee
(Review Committee) to advise the County as the County developed a draft ordinance for the
permitting,development and operation of commercial shooting facilities that: (1)provides for and
promotes safety by establishing a permitting procedure and rules for the siting, design and
operation of commercial shooting range facilities that safeguards participants, spectators,
neighboring properties and the public; (2) does not prohibit or expressly regulate the discharge of
firearms; (3) involves measures designed to make the discharge of firearms safe; (4) protects the
environment; (5)ensures compatibility with neighboring land use; and,(6)promotes the continued
availability of shooting facilities for firearm education,practice in the safe use of firearms, and
recreational firearm sports; and,
WHEREAS, the Review Committee included persons with diverse viewpoints about
regulation of shooting ranges in the County; and,
WHEREAS, the Review Committee sometimes engaged in spirited discussions, but the
discussions were always respectful of opposing viewpoints, even when there were areas of
disagreement; and,
WHEREAS, every person on the Review Committee participated actively and provided
invaluable input to the development of the draft ordinance;
WHEREAS, the Review Committee diligently followed the direction from the BoCC in
Section 6.6 of the Moratorium Ordinance that it shall: (a) study the safety, environmental and land
use impacts of commercial shooting facilities and reasonable measures to address those impacts,
including among other measures whether there should be an amendment to the No Shooting Areas
Ordinance,Chapter 8.50 JCC to allow indoor commercial shooting facilities in No Shooting Areas;
and, (b) shall provide input to the County as the County generates and recommends a draft
ordinance; and,
WHEREAS,the Review Committee met fifteen times in open public meetings,usually for
3 or more hours, in the BoCC's Chambers on May 9, 2018, May 16, 2018, May 23, 2018, June 6,
2018, June 13, 2018, June 20, 2018, June 28, 2018, July 11, 2018, July 19, 2018, July 25, 2018,
1 of 10
August 1, 2018, August 8, 2018, August 15, 2018, August 17, 2018 and August 23, 2018. and all
the meetings of the Review Committee can be viewed on the County's AVCapture All system;
and,
WHEREAS, the Review Committee's work satisfied well the BoCC's finding in the
Moratorium Ordinance that"resident and property owner input and careful analysis of the uniform
requirements for commercial shooting facilities should be obtained before legislation imposing
uniform requirements on commercial shooting facilities can be adopted by the BoCC;"
WHEREAS, on August 23, 2018, staff forwarded a staff report, including a draft
commercial shooting facility ordinance recommending to the BoCC that proposed to amend Title
18 JCC, the Health and Safety Code that would add a new Article III, Chapter 8.50 JCC;
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.
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.
2 of 10
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 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.
ADOPTED this day of 2018, at a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
David Sullivan, Chair
Kathleen Kler, Member
ATTEST:
Kate Dean, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
3 of 10
APPENDIX A
PROPOSED ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.030 C definitions.
"Commercial shooting facility"has the same meaning as in JCC 8.50.220(15).
18.10.060 F definitions.
"Firearm"has the same meaning as in JCC 8.50.040.
18.10.090 I definitions.
"Indoor facility" means has the same meaning as in JCC 8.50.220(34).
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.
"NRA Range Source Book"has the same meaning as in JCC 8.50.220(39).
18.10.150 0 definitions.
Outdoor Shooting Range. (See "Shooting range.")
"Outdoor shooting facility means any use that includes a shooting range whether or not it is an
outdoor commercial shooting facility. However, outdoor shooting facility does not include
shooting ranges that 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).
18.10.160 P definitions.
"Projectile"has the same meaning as in JCC 8.50.220(50).
4 of 10
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" -- . . . . ' . . ., . . . . - .. _ . . ' - . -
weapenfy-has the same meaning as in JCC 8.50.220(61).
"Small-scale recreation 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
18.20.350.
8.10.200 T definitions.
"Tourist uses"means used by persons traveling for pleasure or culture.
JCC 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.
(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.
5 of 10
(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.
(j) 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.
(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
6 of 10
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 industry at a property, such property
shall be considered a commercial shooting facility.
JCC 18.20.200(2) on Permitted Home Businesses
(2) Permitted home businesses do not include the following:
(a) Veterinary clinic or hospital:;
(d)Uses which are associated with shooting firearms.
JCC 18.20.350(8) on Outdoor Shooting Ranges—REPEALED
JCC 18.30.350(8) Outdoor Shooting Ranges. Outdoor shooting ranges are subject to the
. .
development and operation of ranges; Articles 1, 2, and 3 of the safety recommendations
. .
minimum lot size shall be five acres;
7 of 10
LI
dwelling ofthe
r;
thereto.
PROPOSED CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses
Resource Lands Other Zones Types
Forest— Other Zones Where Only Other Zones Where
Agricultural Commercial, Indoor Commercial No Shooting Facility
—Prime and Rural Shooting Facility Allowed Allowed
Local and
Inholding
Specific Land AG CF/RF/IF Convenience Crossroad Rural Residential— 1
Use (CC), General Crossroad DU/5 Acres (RR 1:5),
(GC), Heavy Industrial Rural Residential— 1
(HI),Industrial, Light DU/10 Acres (RR
Industrial/Commercial 1:10), Rural
(LI/C),Light Industrial Residential— 1 DU/20
(LI),Light Acres (RR 1:20),
Industrial/Manufacturing
(LI/M),Irondale and
Port Hadlock Urban
Growth Area (UGA),
Neighborhood/Visitor
Crossroads (NC), Parks,
Preserves and Recreation
(PRR)
Indoor No C C No
commercial
shooting facility
Outdoor No C No No
shooting
facilityes
8 of 10
ATTACHMENT 2
�as0N e� JEFFERSON COUNTY
�` PLANNING COMMISSION
24.
621 Sheridan Street I Port Townsend,WA 98368
36
379-4450 I email:
anComm@co.jefferson.wa.us
i'`/NGS � htttp://www o.jeffers n'wa.us/580/ Plane ng-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,Kier,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 arty 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 httos://cojefferson.wa.us/1291/Commerciat-
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
1
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 Ill)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 strikettareughs are proposed deletions)
18.10.030 C definitions.
I. "Commercial shooting facility"means an indoor facility or outdoor facility designed and specifically
designated for safe shooting practice with firearms.whether poen to the public,open only to
private membership.oven 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.
2
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 art 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 fail within this definition, or.(b)
"destructive device"as defined in 18 U.S.C.021(a)(2).,
18.10.090!definitions.
"Indoor facility"means a commercial shooting facility within a fully enclosed structure.
18.10.140 N definitions.
"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 priva(ely 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 0 definitions.
_ •
"Outdoor commercial shooting facility"means a commercial shooting facility that is not an indoor facility.
18.10.160 P definitions.
"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 shooting
facility may include multiple shooting ranges.
3.Table 3-1.Allowable and Prohibited Use Table("Use Table"j(underlines are additions and
strikethreughs are proposed deletions)
3
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
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),
Neigh borhoodNisitor
Crossroads(NC),
General Crossroad
(GC),and Recreation,
Irondale and Port
Hadlock Urban Growth
Area(UGA),Parks,
Preserves and
Recreation(PRR)
Indoor commercial No C I C No
shooting facility
Outdoor NQ C No No
commercial
shooting facility
Outdoor-sheeting No ' C No No
ranges
Non-commercial No C No No
i shootino facility
4.Modifications to the small-scale tourist and recreation uses(JCC 18.20.35O(8)1(underlines are
additions and strilcethceughs are proposed deletions)
(8) Non-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
aitionprojectiles 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 '. - - - - - - - • - . - , - _- .
4 s--• _•. . ._ •- . . _ . _- _ - as minimum guidelines in the designs 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;
4
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
(d)The sooting-areasshootinq ranges shall be surrounded by an eight-foot-high noise barrier in the form
of an earth berm or waif, 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 orn n s associated with a sheeting-rangenon-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 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:
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.
5
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.
vii) 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)
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.
Ill. 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 Ill 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;
7
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]
8
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
Industrial/Manufacturing (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 look forward to working with the Board on the implementation
projects that follow from the Comprehensive Plan's goals and policies.
9
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:
httixittestcp4fferson.wa.usAveblinkextemaliOlfoll I 89807Z/Row I.aipx
Sincerely,
N
Michael Nilssen
Planning Commission Chair
10
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
APPENDIX 1
11
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 "I itle 18 JCC and would be consistent with the new
Article Ill, Chapter 8.50 JCC,
NOW,THEREFORE,be it ordained that:
Section 1. Modification of 7 itle 18 JCC. l isle 18 JCC shall be modified as set forth in Appendix
A, including as follows:
a.
Ii. Approve the use of indoor commercial shooting facilities that improves I 18 JCC and
would comply with the new commercial shooting facility ordinance, the tollov,ing zones
with as a conditional use: Convenience Crossroad (CC). General Crossroad (GC). Lleav�
Industrial (,HI). Industrial, Light Industrial/Commercial (LIUC), Light Industrial (LI), Light
1 of 12
Industrial/Manufacturing(LI/M)), Irondale and Port Hadlock Urban Growth Area(VGA),
Neighborhood/Visitor 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 — I DU/20 Acres(RR :20).iti
: • -; ' . . : : : . ' : •: . ". . ••.
- - • . : : • . . . . : : :•: •: : ; -• :- •:
••: ; • . : * *-. : ' . . : : :": -
- - -- • • ii - — : . . 11, • • ••
•, • . . . 3 :.. .: '.• ' t. • 1)" . • • . . • - . • : • ": • ;
. • • — — • • - •
; '.. • ; ; : ; *- • ; . -*- ,
2 of 12
ebb Add the following definition to JCC 18.10.090: "'Indoor facility' means a commercial
shooting facility within a fully enclosed structure."
e_. 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:
i. 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. §92 is jl2).
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."
3 of 12
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."
ed. 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)(4), JCC 18.30.350(8)(0, and JCC
18.20.350(8)(h)to"shooting ranges."
v. Change "shooting range" in JCC 18.20350(8)0) to "non-commercial shooting
facility."
_. Modify Table 3-1 in "l isle 18 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:
4 of 12
Change"outdoor shooting ranges" used in Table 3-1 to"non-commercial shooting
facilities."
iiAdd"indoor commercial shooting facilities"to Table 3-I in the following zones as
a conditional use: Convenience Crossroad (CC), General Crossroad (GC), Heavy
Industrial (HI), Industrial, Light Industrial/Commercial (LUC), Light Industrial
(LI), Light Industrial/Manufacturing (LIN)), |rondu)e and Port Hadlock Urban
Growth Area(UGA),Neighborhood/Visitor Crossroads(NC), Parks, Preserves and
Recreation (P@R). but, not allowed in the following zones: Rural Residential — |
0U/5 Acres (RR 1:5), Rural Residential — I DD/10 Acres (RR 1:10), Rural
Residential — I DU/20 Acres (RR 1:2 ).. . • •: •0 ' . :' . ' ~�
^ . ' , - - `^' `_ , ' : ," °•`: ` : , '.
ii Add outdoor commercial shooting ranges to Table 3-1 as a conditional use in RF,
CF and [F zones only.
[
Add the following provisions as recommended by the Jefferson County Planning
Commission on November 19, 2018:
The proposed changes to 18.20.350(8)are recommended as approved, as modified
as follows:
(a) 18.20.350(0)(d> should be modified to read: The shooting ranges shall be
surrounded by a minimum sixteen-foot high above grade noise barrier in the
fonu of an earth berm,or wall.: and.
(b) \8.I0.350(&)(h) should bcmodified ioread: 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 ofarrned forces as
follows: —Armed forces' means the armed forces of the United States or of the
National Guard or organized reocrvcs.-
|8.|60Pdefinitions should bcamended ooadd adefinition for paramilitary
organization as follows: -.Paramilitary organization' means a semi-militarized
force whose organizational strucure. tactics, training, subculture, and function
are similar to those of'the armed 5noes, 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 he added as fbllows:
5 of 12
18.20.4330 Commercial and Non-Commercial Shooting Facilities
(I) 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.
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)
6 of 12
ADOPTED this day of 2018, at a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
David Sullivan,Chair
Kathleen Kler, Member
ATTEST:
Kate Dean, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
7 of 12
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 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.
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=11.010. 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),
8 of 12
18.10.090 I definitions.
"Indoor facility"means a commercial shooting facility within a fully enclosed structure.
18.10.140 N definitions.
"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.
"NRA Range Source Book"means the most current version of The NRA Range Source Book
published by the National Rifle Association.
18.10.150 0 definitions.
"Outdoor commercial shooting facility"means a commercial shooting facility that is not an
indoor facility.
18.10.160 P definitions.
"`Paramilitarsorganization' 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
shooting facility may include multiple shooting ranges.
PROPOSED CHANGES TO JCC 18.20.350(8):
(8) Non-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 anwitinitienprolectiles 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 • - • • •- - • -•- • • - • = ; •- • ? • -
- . . .• - -, -, ,_ , •. ._ . _. as minimum guidelines in
the design,anonstruction and operation of shooting ranges;
9 of 12
(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 sheeting easshooting ranges shall be surrounded by an eightsixteen-foot-high above
grade noise barrier in the form of an earth berm or wall, : _ . .. • . -
(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 sheeting-rangenon-
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 sheeting-areasshooting 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
(I)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.
10 of 12
PROPOSED CHANGES TO THE USE TABLE:
Table 3-1.Allowable and Prohibited Uses.
Resource Lands Other Zones Types
Forest- Other Zones Where Only Other Zones Where No
Agricultural Commercial, Indoor Commercial Shooting Facility Allowed
-Prime and Rural Shooting Facility Allowed
Local and
Inholding
Specific AG CF/RF/IF Convenience Crossroad Rural Residential-
Land Use ICC), 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), Light 1:20)Resoure•e-based
Industrial/Manufacturing 1-ndu•stfialT-Light
(LI/M)), lrondale and
Port Hadlock Urban
Growth Area (UGA),
Neighborhood/Visitor
Crossroads (NC), Parks, . •• , • • • : . *:
Preserves and Recreation 41-14
(PRR)Rufal-Resittential—
Rural-Residential—I
. ! • • • ' . ! ,
1441-F11-1-Resideatial-1-
! -! • • ' . ! ,
Neighborhood/Visitor
. : - . • . .
Recreation (PR-R)
Indoor No C C No
commercial
shooting
facility
Outdoor No C No No
commercial
shooting
facility
11 of 12
Outdoor Ne E No No
sheeting
ranges
Non- No C No No
commercial
shooting
facilit
12 of 12
ATTACHMENT 3
gSON CU
AilitNr 4 ,
SHIN G
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 Code10
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
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
and Hearing 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
and CUP process 16
4.3. Staff's Specific Recommendations 17
5. SEPA COMPLIANCE FOR THE HARMONIZING ORDINANCE 21
6. CONCLUSION 22
ii
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.
"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."
1
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 4/22/75, effective 9/1/75.]
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,
3
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.
4
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;
(1)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 43.21C.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 43.21C.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.
6
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-
11-315(1). See the noise portions in Section 7.b. of the SEPA checklist. WAC 197-11-960.2
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 https://ecology.wa.gov/DOE/files/d7/d7373ce2-12cb-4fd2-a0e1-
1d25557ac187.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.
8
"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 performance standards in JCC 18.20.350. See RCW
36.70A.070(5)(d)(ii).
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.
9
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;
(j)The conditional use has merit and value for the community as a whole;
(k) The conditional use is consistent with all relevant goals 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 https://ecology.wa.gov/DOE/files/d7/d7373ce2-12cb-4fd2-a0e1-
1d25557ac187.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
43.21C 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 19.27.095(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 Ass'n 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. Staffs
proposed changes are discussed below.
4. STAFF RECOMMENDATIONS
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 III,
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
c. 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
18
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.
c. 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,ulations
,
Jefferson County's SEPA Responsible Official issued a Determination ofNon-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 shooting facility"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.
[JCC 8.50.040: "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. Section 921(a)(2).1
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 applicant.
18.10.140 N definitions.
"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).
"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 0 definitions.
"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" • . . -. . ::_• - . _ • _. . . -- - • - •- • • . - -- • •
weapen}has 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
18.20.350.
18.10.200 T definitions.
"Tourist uses"means used by persons traveling for pleasure or culture.
18.20.350(8)
Non-commercial shooting facilities. Non-
commercial shooting facilities are subject to the following standards:
(a)They
shall be locateddesigned,constructed and operated to
prevent the likelihood of discharge
of ammunitienprojectiles 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 •• •- - - -• - . -.- • • . • •.- ; • -•- - , - -
•
- -- . .. , . •• . .. .. •-_ ., _ • •- as minimum guidelines in the
design,,ani-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;
(d) The she shooting 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;
3
Appendix 1 - Fixing Non-Commercial Shooting Facility Option
(f)No structure or sheeting areasshooting ranges associated with a sheeangenon-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 sheeting-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.
4
Appendix 1 - Fixing Non-Commercial Shooting Facility Option
Table 3-1. Allowable and Prohibited Uses
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
Inholding
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)5
Acres(RR 1:20),4
Convenience Crossroad
(CC),
Neighborhood/Visitor
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
facilityranges
4 Whether to authorize Indoor Commercial Shooting Facilities in any rural residential zones is a policy decision to
be made by the BoCC.
5 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.
5
Appendix 2 - One Standard Option
18.10.030 C definitions.
"Commercial shooting facility"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 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. 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 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 0 definitions.
"Outdoor shooting facility means any use that includes a shooting range whether or not it is an
outdoor commercial shooting facility. However, outdoor 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).
"Outdoor commercial shooting facility" has the same meaning as outdoor facility in JCC
8.50.220(45).
2
Appendix 2 - One Standard Option
[JCC 8.50.220(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.]
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" -. •- - - • . • 7.: . . - • -- • - '._ .
weafrefifthas 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
18.20.350.
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.
3
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.
(j) 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.
4
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 industry at a property, such property shall
be considered a commercial shooting facility.
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
standards:
- -- •- - _- , , - - - - - - _• •
-
ofshee
5
Appendix 2 - One Standard Option
(e) The minimum lot size for an outdoor rifle, trap, skeet or pistol range used by an
th innfetto ., , lot line;
dwelling ofthe..
or;
thereto.
6
Appendix 2 - One Standard Option
Table 3-1. Allowable and Prohibited Uses
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
Inholding
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/C),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
facilityranges
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.
7
Appendix 3 —Planning Commission Findings and Recommendations
focsON 0 JEFFERSON COUNTY
( PLANNING COMMISSION
\ :J621 Sheridan Street I Port Townsend,WA 98368
360-379.4450 email:PlanComm@co.jefferson.wa.us
t+r NG� 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,Tim 18 relating to shooting facilities in unincorporated Jefferson
County
Honorable Commissioners Sullivan, Kier,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.
EMMA
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 a&a
"commercial facility have one or more shooting ranges that for use of the facility require a contract,
charge a fee,or require membership."
Ordnance 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 httos://co.iefferson.wa.us/12911Commerc at-
Shooting-Fac ilityy-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
t Summary of Promos!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 Ill)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 strikethreughs are proposed deletions)
18.10.030 C definitions.
I. "Commercial shooting facility"means an indoor facility or outdoor facility designed and specifically
desianated 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 shootina ranoes located at a commercial shooting facility. The term commercial shooting
facility does not include:
(a) Shootina 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 shootina 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.
2
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 prc ectile or projectjles may be fire/by an explosive
such as gunpowder.The definition of"firearm"includes the terms per,rifle,short-barreled rifle.shotgun,
short-barreled shogun, machine gun,and antioue 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 constructign or building industrs and which would offierwisq fall within this definition:or.(b)a
"destructive device'as defined in 18 U.S.G.4921(a)(2)..
18.10.090!definitions.
"Indoor facility'means a commercial shooting facility within a fully enclosed structure.
18.10.140 N definitions.
'Non-commercial sing 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.
'NRA Range Source Book'means the most current version of The NRA Range Source Book published
by the National Rifle Association.
18.10.150 0 definitions.
a
"Outdoor commercial shooting facility"means a commercial shooting facility that is not en indoor facility.
18.10.160 P definitions.
"Projectile'meangfn 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.Table 3-1.Allowable and Prohibited Use Table("Use Table"i(underlines are additions and
strikethreughs are proposed deletions)
3
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
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 (LNC),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),
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 S
shooting facility
Outdoor Ng No
commercial
shooting facility
Outdoor-sheeting No C No No
ranges
Non-commercial No Q No No
rooting facility
4.Modifications to the small-scale tourist and recreation uses(JCC 18.20.350184(underlines are
additions and strikethroughe are proposed deletions)
(8) Non-commercial shooting facilities. o
c
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
ammunitionivjggths beyond the boundaries of the parcel where they occur;
(b)The ections I and II of the NRA Source Book shall be
consulted and used ' - •. - - •. .•- .. --; -. , , - • - - -
••• . ; ._ •_ - _ _. ,•_ •: : .• _ ._- as minimum guidelines in the designs 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;
4
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
(d)The 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 orsheetingnsfeasib2gtingi riusio associated with a sheen
ag-rangenon-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 tk_j.sLmg,a 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.
5
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.
11. Required Findings from JCC 18.45.050(4)(b)(1)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.
vii) 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.
Ill. 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.
Il. 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 sits specific
proposals to be processed as Type ill 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 Ili 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;
7
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 ill Conditional Use Permit,which requires the site
specific proposal to be consistent with the Comprehensive Plan,in its entirety.
[end of required findings]
8
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(LUC), Light Industrial(LI), Light
Industrial/Manufacturing(LUM), 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 look forward to working with the Board on the implementation
projects that follow from the Comprehensive Plan's goals and policies.
9
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:
http://teat.co.jefferson.wa.us/weblinkexternalafoln 898072/Row I.aspx
}
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`
11
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:
a.
19,---Approve the use of indoor commercial shooting facilities that improves Title 18 JCC and
would comply with the new commercial shooting facility ordinance, the following zones
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/Manufacturing(LUM)), Irondale and Port Hadlock Urban Growth Area(UGA),
Neighborhood/Visitor 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— I DU/10 Acres (RR 1:10), Rural Residential— 1 DU/20 Acres(RR I:20).4R
•. .
• •
__ • ii , .
- - i . .i t. -
• t_ . . • • .• _ • " . •• . ._ • _.
.. •. .
• : . • • .. .. ... _. • • ..••••
•
•. • -• . .• . • , • _. • • _ - ♦ •, . . • • •_ _.
•
•
•
•
• - -•, • - • .., - - •., - • - • •. -, , . •,
2 of 12
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:
i. 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. §92!(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."
3 of 12
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:
Change "outdoor shooting range" in JCC 18.20.350(8), to "non-commercial
outdoor shooting ranges."
ii. Change"ammunition"in JCC 18.20.350(8Xa)to"projectile."
iii. Change"NRA Range Manual"in JCC I 8.20.350(8Xb)to"NRA Source Book."
iv. Change "shooting areas" in JCC 18.20.350(8)(d), JCC i 8.30.350(8)(f), and JCC
18.20.350(8)(h)to"shooting ranges."
v. Change "shooting range" in JCC 18.20.350(8Xt) to "non-commercial shooting
facility."
1-re. Modify Table 3-1 in Title 18 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:
4 of 12
Change"outdoor shooting ranges"used in Table 3-I 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
(Ll), Light Industrial/Manufacturing (LI/M)), Irondale and Port Hadlock Urban
Growth Area(UGA),Neighborhood/Visitor 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 — I DU/10 Acres (RR 1:10), Rural
Residential — 1 DU/20 Acres (RR I:20).: . . -. • . •. . - - ,
„
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:
The proposed changes to 18.20.350(8)are recommended as approved,as modified
as follows:
(a) I8.20.350(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 forparamilitary
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:
5 of 12
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 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.
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)
6 of 12
ADOPTED this day of 2018,at_ —a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
David Sullivan,Chair
Kathleen Kler,Member
A 1TEST:
Kate Dean,Member
APPROVED AS TO FORM:
Carolyn Gallaway, Philip C.Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
7 of 12
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 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.
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 9.4 1.010. 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).
8 of 12
18.10.090 I definitions.
"Indoor facility"means a commercial shooting facility within a fully enclosed structure.
18.10.140 N definitions.
"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.
"NRA Range Source Book"means the most current version of The NRA Range Source Book
published by the National Rifle Association.
18.10.150 0 definitions.
e .
"Outdoor commercial shooting facility"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
shooting facility may include multiple shooting ranges.
PROPOSED CHANGES TO JCC 18.20.350(8):
(8) Non-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 affinitinitienprojectiles 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 •.• - • - - -. - . . • • - - ; • - = , •
_ _ .,. .- _ _ - ._ . _. as minimum guidelines in
the design,and-construction and operation of shooting ranges;
9 of 12
(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-areesshooting ranges shall be surrounded by an eightsixteen-foot-high above
grade noise barrier in the form of an earth berm or wall, . ._. .. • . -
deep cession;
(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-afessshooting ranges associated with a sheeting-rangenon-
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 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 Shootine 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.
•
10 of 12
PROPOSED CHANGES TO THE USE TABLE:
Table 3-1.Allowable and Prohibited Uses.
Resource Lands Other Zones Types
Forest— Other Zones Where Only Other Zones Where No
Agricultural Commercial, Indoor Commercial Shooting Facility Allowed
—Prime and Rural Shooting Facility Allowed
Local and
Inholding
Specific AG CF/RF/IF Convenience Crossroad Rural Residential—I
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),Light 1:20)Reseuree-based
Industrial/Manufacturing Industrial,Light
(LI/M)),Irondale and InittistriatCommereial
Port Hadlock Urban ,
Growth Area(UGA), (LI),Lig 4
Neighborhood/Visitor IndustrialiManufseturing
Crossroads(NC),Parks, (-14/41)rilesvindustrial
Preserves and Recreation
(PRR
1 DU/5 Acres(RR 1.:5)
D 1 0 Acres(RD 1.101
(CC),
Crossroads-ENS),
Recreation-{PSR-)
Indoor No C C No
commercial
shooting
facility
Outdoor No C No No
commercial
shooting
facility
11 of 12
Outdoor Ne 6 No No
sheeting
caws
Non- No C No No
commercial
shooting
facility
12 of 12
IMMOIllb.