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Home My WebLink About15 1214 180- 1. -D C- C Cede COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Harmonizing Title 18 JCC } with the Commercial Shooting Facilities } ORDINANCE NO. 15-1214-18 Ordinance No. 12-1102-18 } 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, 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, 1 of 9 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 8 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 would revise Title 18 JCC in light of the new Article III, Chapter 8.50 JCC; and, WHEREAS, on November 2, 2018 the Board of County Commissioners adopted Ordinance 12-1102-18, amending Title 8 JCC, the Health and Safety Code, adding a new Article III to Chapter 8.50 JCC; and, WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC regarding the draft ordinance proposed by staff that would revise Title 18 JCC in light of the new Article III, Chapter 8.50 JCC; and, WHEREAS, following the Planning Commission's consideration of the draft ordinance recommended by the Planning Commission that would revise Title 18 JCC in light of the new Article III, Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on the draft ordinance recommended by the Planning Commission that would revise to Title 18 JCC in light of the new Article III, Chapter 8.50 JCC; and, WHEREAS, in response to the public comment and testimony, additional improvements to the proposed ordinance recommended by the Planning Commission that would revise Title 18 JCC in light of with the new Article III, Chapter 8.50 JCC have been made; and, 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. 2of9 Section 4. Repeal and Amend. The changes authorized above are to repeal JCC 18.20.350(8) and amend other relevant provisions in Title 18 JCC. However, legal nonconforming uses 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. SEPA Compliance. The Jefferson County Department of Community Development prepared an environmental checklist detailing the proposed ordinance and its potential impacts for compliance with the State Environmental Policy Act (SEPA). After review of the environmental checklist, proposal, available information, and applicable regulations, Jefferson County's SEPA Responsible Official issued a Determination of Non -Significance (DNS) on October 31, 2018 under WAC 197-11-340(2). The DNS was published on October 31, 2018 in the PT Leader and was sent to affected government agencies, tribal governments, and other parties. Jefferson County had a SEPA comment period from October 24 until November 16, 2018. The comment period was originally published in the PT Leader on October 24, 2018. After a review of the public and agency comments received during the comment period, the SEPA Responsible Official retained the DNS. Jefferson County submitted the proposed UDC amendments to the Washington State Department of Commerce for review, as required by the Growth Management Act. On November 8, 2018 the Washington State Department of Commerce concluded its review under its expedited review authority. Section 6. Effective Date. This ordinance is effective immediately upon adoption. ADOPTED this 14 day of D o g R m b e r 2018, at 4: 2 9 p.m. (' 64An� Carolynkiallaway, Deputy Clerk of the Board 3 of 9 JEFFERSON COUNTY BOARD O OUN Y COMMISSIONERS David ullivan, Chair �. lVe� Kathleen Kler, Member (Voted Against) Kate Dean, Member APPROVED AZ72Z//,//& M: 0", 0, Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney APPENDIX A ADDITIONS OR DELETIONS TO DEFINITIONS: 18.10.030 C definitions. "Commercial shootin fg acility" 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 commercial shootin facility" acility" means has the same meaning as "indoor facility" 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 b t�pplicant. 18.10.140 N definitions. "NRA Range Source Book" has the same meaning as in JCC 8.50.220(39). 18.10.150 O definitions. ............... ..................... .......................................... ..._.................. ........_ .._ ........... . • "Outdoor shooting_ facility means any use that includes a shooting range whether or not it is an outdoor commercial shooting facility. However, outdoor shootingf� acility does not include shooting ranges that meet the exceptions for a commercial shootingfacility 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). 4of9 18.10.180 R definitions. "Recreational uses" means those activities of a voluntM and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction. 18.10.190 S definitions. "Shooting range" means a ftwility speeifieally desiened-md used for- safe sheetine i3r-aetiee VVM fir-ea..ms and/or- f ar-e o .,etiee ;+1 individual or -fir -i positions o-r�Peeife 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. CHANGES TO JCC 18.20.170(4): 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 9 (f) All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. (g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130. (h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. (i) No business may provide drive-through service. 0) Cottage industries shall be limited in their hours of operation. No business on-site customer service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday. (k) The administrator may attach additional conditions or requirements, or may make modifications to the site plan where necessary to protect the health, safety and welfare of the public. (1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions of approved cottage industries are permitted, except as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote overlay districts. (m) No exterior display of goods for sale shall be allowed. (n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of the buildings and property shall be maintained. (o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in character with neighboring properties. In no case shall more than 5,000 square feet of total building area on the property be devoted to the cottage industry. (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 9 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. CHANGES TO JCC 18.20.200(2): 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. REPEAL OF JCC 18.20.350(8): JCC 18.20.350(8) on Outdoor Shooting Ranges—REPEALED ... ............ 7of9 .�. ori �eers?*e�rrrrs!��MM OM!er.1 uraywffn CHANGES TO THE USE TABLE: Table 3-1. Allowable and Prohibited Uses shall be modified to be consistent with the following: 8 of 9 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 Inholdin 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), Rural Village Center (RVC), Resource - Based Industrial RI 8 of 9 Indoor No C C No commercial shooting facilit Outdoor No C No No shootiniz facilit 9 of 9