HomeMy WebLinkAbout2018 Ordinance 15-1214-18 Title 18CO& 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 11I, 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.
2 of 9
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(81 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 govenunent 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 e c e m b e r 2018, at 4:29 p.m.
JEFFERSON COUNTY
n
BOARDO OUN Y COMMISSIONERS
s
David ullivan, Chair
Kathleen Kler, Member
MSn14
ATTEST."--"
Carolyn all
Deputy Clerk of the Board
3 of 9
Voted Against)
Kate Dean, Member
APPROVEDA TO FORM:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
APPENDIX A
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 defmitions.
Firearm" has the same meaning as in JCC 8.50.040.
18.10.090 I definitions.
Indoor commercial shooting facility" 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 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 O definitions.
Outdoor- Shooting RaRge. (See "Sheeting
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)(4) or (b).
Outdoor commercial shootin fg; aciliky" 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 9
18.10.180 R definitions.
Recreational uses" means those activities of a voluntary and leisure time nature that aid in
promoting entertainment pleasure play, relaxation or instruction
18.10.190 S definitions.
Shooting range" means a fiwiliW specifieWly designed an"sed for- safsheetifig -et a it
wea has the same meaning as in JCC 8.50.220(6 1) —,_
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 Dersons 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 1830.130.
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
6of9
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
7 of 9
z
7 of 9
CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses shall be modified to be consistent with the following:
Resource Lands
9
Types
Forest — Other Zones Where Only Other Zones Where
Agricultural Commercial, Indoor Commercial No Shooting Facility
Prime and
irTMUM
Shooting Facility Allowed Allowed
Local and
Inholdin
Specific Land AG CF/RF/IF Convenience Crossroad Rural Residential —1
Use
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
shootin facilily
Outdoor No C No No
shooting
facili,tyfangses
9 of 9