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HomeMy WebLinkAboutTitle 18 Draft Ordinance 2019 10 16 STAFF 1 of 25 APPENDIX B COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code related to Commercial Shooting Facilities } } } } ORDINANCE NO. __________ WHEREAS, Article XI, Section 11 of the Washington State Constitution, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents as are not in conflict with general laws; and, WHEREAS, 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; and, WHEREAS, 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; and, WHEREAS, 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 state Constitution to bear arms in defense of self or others; and, WHEREAS, Article VI of the United States Constitution states that “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding;” WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The Constitution of the United States is the supreme law of the land;” WHEREAS, there is a fundamental principle of Washington law sometimes called “the preemption doctrine,” that derives from Article VI of the United States Constitution, Article I, Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the “Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict; WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict with the United States Constitution, the Washington Constitution, and federal laws; and, local ordinances and regulations cannot conflict with the United States Constitution, federal laws, the Washington Constitution, or state laws; 2 of 25 APPENDIX B WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government;” WHEREAS, this Ordinance protects the rights of citizens under Washington Constitution Article I, Section 24 and the Second Amendment to the United States Constitution; WHEREAS, local governments have considerable latitude in exercising police powers and a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; WHEREAS, Jefferson County is required to under RCW 36.70A.040 to plan under the Growth Management Act and must implement its Comprehensive Plan through development regulations; and, WHEREAS, Jefferson County Code (JCC) 18.45.090 permits the County to amend their development regulations when the amendment is consistent with the Comprehensive Plan and after referral and consideration by the Planning Commission; and, WHEREAS, RCW 36.70A.060 requires that development regulations assure the conservation of natural resource lands; and, WHEREAS, due to the amount of land in Jefferson County owned by the federal and state governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and, WHEREAS, according to the 2018 Jefferson County Comprehensive Plan, Forest Resource Lands in Jefferson County (Zones IF-20, RF-40, CF-80) represent 76.4 percent of the land in Jefferson County; WHEREAS, widely disseminated information exists about uncontrolled incidents at shooting ranges where people’s safety has been threatened; and, WHEREAS, commercial shooting facilities are best developed using the best available source information on ensuring minimizing risks from the discharge of firearms and ensuring the greatest level of public safety both on and off these facilities; and, WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which provides the best available guidance to assist in safely planning, designing, constructing and maintaining shooting range facilities, makes clear that following these published best practices minimizes but does not eliminate risks associated with the use of firearms either on or off the range; and, WHEREAS, the NRA 2012 Range Source Book, states, “During the planning and design phases of a project, safety must be paramount and health and safety considerations are twofold: (2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring the health and safety of surrounding inhabitants;” and, 3 of 25 APPENDIX B WHEREAS, at commercial shooting facilities and their surrounding areas, there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and, WHEREAS, Jefferson County experienced a substantial increase in population density in areas proximate to its existing commercial shooting facilities and the County has an interest in ensuring the compatibility of commercial shooting facilities with their surroundings and in minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and nuisance noise arising from the operation of commercial shooting facilities in unincorporated Jefferson County have called on the scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office, which has the effect of diminishing the availability of these resources for emergency services; and, WHEREAS, Jefferson County has rural areas where commercial shooting facilities may be appropriate, but where emergency services are scarce and adopting a commercial shooting ordinance would promote public safety and preserve precious emergency services; and, WHEREAS, commercial shooting facilities benefit Jefferson County by providing its residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to participate in amateur recreational firearm sports in a safe, controlled setting; and, WHEREAS, the BoCC finds it is in the public interest to provide for commercial shooting facilities in Jefferson County in the face of increasing population pressure, the limited space where people can live and the extensive percentage of Forest Resource Lands; and, WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial shooting facilities; and, WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and, WHEREAS, the BoCC had a reasonable belief that Ordinance No. 15-1214-18 protected natural resource lands, as required by RCW 36.70A.060; and, WHEREAS, on September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated the Title 8 Ordinance on the basis that it was a development regulation under the Growth Management Act and was invalid because it had not been reviewed under the State Environmental Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public participation process which requires consideration by the Jefferson County Planning Commission; and, WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12- 1102-18 and Ordinance No. 15-1214-18 under the Growth Management Act Growth Management 4 of 25 APPENDIX B Act and remanded them to Jefferson County to achieve compliance as addressed in the Final Decision and Order with compliance due on March 2, 2020; and, WHEREAS, the Growth Board’s September 16, 2019 decision criticized Ordinance No. 15-1214-18 because it modified the previous shooting facility regulations which only allowed small-scale recreation and tourist uses defined as isolated uses which are leisure or recreational in nature; and, WHEREAS, the County finds that the small-scale tourist and recreation limitations, along with other development regulations contained in this Ordinance assure the conservation of natural resource lands, as required by RCW 36.70A.060; and, WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance with the Growth Board’s remand; and, WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require that the County consider the Supremacy Principle, which states: “Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and, WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must follow the supremacy principle and “Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties;” and, WHEREAS, because this Ordinance is a development regulation under the Growth Management Act, the County utilized its public participation process for comprehensive plan amendments and development regulations required by the Growth Management Act, including consideration by the Jefferson County Planning Commission; and, WHEREAS, the County has fulfilled the requirements of the State Environmental Policy Act and the has utilized County’s public participation process, including consideration by the Jefferson County Planning Commission; and, NOW, THEREFORE, be it ordained by the BoCC as follows 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. No Effect on the Moratorium Adopted in Ordinance No. 11-0923-19. The moratorium in Ordinance No. 11-0923-19 is not terminated by the adoption of this Ordinance and continues until the BoCC determines that the need for a moratorium has ended or until the moratorium terminates of its own accord, if not subsequently extended by the BoCC pursuant to state law. 5 of 25 APPENDIX B 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. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.] Section 5. Effective Date. This ordinance is effective immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 6 of 25 APPENDIX B ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Kate Dean, Chair ______________________________ David Sullivan, Member ATTEST: ______________________________ Greg Brotherton, Member APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Philip C. Hunsucker, Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney 7 of 25 APPENDIX B APPENDIX A ADDITIONS OR DELETIONS TO DEFINITIONS: 18.10.030 C definitions. “Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, 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. In addition, where 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 property used for lawful shooting practices is 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” 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 8 of 25 APPENDIX B which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18 U.S.C. Section 921(a)(2). “Firing line” means a line parallel to the targets from which firearms are discharged. “Firing point” means a location from which one individual fires at an associated target located down range. 18.10.090 I definitions. “Impact area” means the area in a backstop or bullet trap directly behind the target where bullets are expected to impact or the area downrange where bullets will impact if not captured by a backstop or bullet trap. “Indoor shooting 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. “NRA Range Source Book” has the same meaning as in JCC 8.50.220(39) means the most current version of The NRA Range Source Book published by the National Rifle Association. 18.10.150 O definitions. Outdoor Shooting Range. (See “Shooting range.”) “Outdoor commercial shooting facility” means a commercial shooting facility that is not an indoor shooting facility. 9 of 25 APPENDIX B 18.10.160 P definitions. “Physical containment” with respect to a commercial shooting facility means the use of physical barriers that are sufficient to contain the projectile from the highest power firearm used on a shooting range when the shooting range is used in accordance with its operating permit. Physical containment may include, but is not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and location to ensure that projectiles cannot escape the commercial shooting facility. “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. “Rules and regulations” with reference to a commercial shooting facility means requirements used for the safe operation of a commercial shooting facility. 18.10.190 S definitions. “Safety fan” means all areas in or outside a shooting range where projectiles may impact or ricochet when firearms are operated in accordance with rules and regulations (as defined above). The safety fan extends to the maximum range of the most powerful cartridge and firearm used on the shooting range unless adequate physical containment is provided. When physical containment is adequate, the safety fan is limited to the area within the containment. “Shooting range” consists of a firing line or firing points, and an impact area. “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. 10 of 25 APPENDIX B 8.10.200 T definitions. “Tourist uses” means used by persons traveling for pleasure or culture. 18.15.045 Unnamed uses. This 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 (or, if proposed within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be reviewed as a discretionary “D” use by the administrator, using a Type II process specified in Chapter 18.40 JCC. The administrator shall use the criteria contained in JCC 18.15.040(2) to determine and establish whether the proposed unnamed use shall be classified as an allowed use, a conditional use, or prohibited within the applicable district. (1) When Table 3A-1 prohibits or authorizes unnamed uses or unnamed facilities in a zone as a discretionary “D” use, discretional conditional “C(d)” use, or conditional “C” use, the administrator shall follow the use or facility listed in Table 3A-1. (2) Not every conceivable use or facility can be identified and that new uses or facilities may evolve over time. When it is not clear whether a proposed use or facility is listed in Table 3A-1 as named or unnamed, the administrator may issue a code interpretation pursuant to JCC 18.40.360, which shall classify the proposed use or facility as either named or unnamed, considering the factors listed in Section 18.40.360(4). If classified as a named use, the administrator shall identify the named use listed in Table 3A-1. If classified as an unnamed use, the administrator shall use the criteria contained in JCC 18.15.040(2) to determine and establish whether the proposed unnamed use shall be classified as an allowed use, a conditional use, or prohibited within the applicable district. 18.15.040 Categories of land use. Land uses regulated under this code are divided into four categories, as identified in Table 3-1. 11 of 25 APPENDIX B (1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards (Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable provisions of this code (including project permit approval, see Chapter 18.40 JCC, if a building or other development permit is required) are designated by a “Yes.” (2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may be allowed subject to the applicable development and performance standards (Chapters 18.20 and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for “discretionary”). On the basis of the administrative review, the administrator may classify the proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular land use district affected. Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter 18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use as an allowed “Yes ” use in the particular district affected, only if the proposed development: (a) Complies with the applicable development standards of Chapter 18.30 JCC; (b) Complies with the performance and use-specific standards unique to the proposed use specified in Chapter 18.20 JCC; (c) Is appropriate in design, character, and appearance with the goals and policies for the land use designation and district in which the proposed use is located; (d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable regulations of the Shoreline Master Program if the application involves property located within the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit; (e) Will be served by adequate facilities including access, fire protection, water and sewer facilities (municipal, community, or on-site systems); (f) Does not include any use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (Chapter 36.70 RCW); 12 of 25 APPENDIX B (g) Shall not adversely impact the public health, safety and general welfare of the residents of the county; (h) Shares characteristics common with but not of significantly greater intensity, density or that generates more environmental impact than those uses allowed in the district in which it is to be located; and (i) Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use. If the preceding conditions are not met to the satisfaction of the administrator, the administrator may either prohibit the use or require a conditional use permit. JCC 18.20.170 Cottage Industry (1) Purpose. To provide for small-scale economic development activities on residential parcels, subordinate to the primary residential use, if the administrator finds that such activities can be conducted without substantial adverse impact on the residential environment and rural character in the vicinity. The scale and intensity of cottage industries are typically greater than could be accommodated as a home business, but less than would require a land use district designation of commercial or industrial. (2) The following list of uses allowable as cottage industries include, but are not necessarily limited to: (a) Sales of antiques and collectibles; (b) Art or photography studios; (c) Computer software development; (d) Handicrafts; (e) Ironworking or blacksmith shop; (f) Construction office; 13 of 25 APPENDIX B (g) Furniture repair or refinishing; (h) Pottery shop; (i) Real estate sales office; (j) Small equipment repair; (k) Woodworking shop; (l) Excavating contractors; (m) Small engine and boat repair; and (n) Auto and truck repair and service (excludes auto and truck sales, fuel stations and heavy equipment repair). (3) The following occupations are prohibited as cottage industries, except in the West End Planning Area – Remote Rural (WEPA RR) overlay district (Article VI-L of Chapter 18.15 JCC) and when located on parcels with direct access to a principal arterial (i.e., Highway 101) in the Brinnon Planning Area – Remote Rural (BRPA RR) overlay district: (a) Heavy equipment repair shop; (b) Autobody work or paint shop; and (c) Large-scale furniture stripping. (4) The following occupations are prohibited as cottage industries in all of unincorporated Jefferson County: (a) Commercial shooting facilities or uses which are associated with shooting firearms. The following occupations are prohibited as cottage industries: (5) 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 14 of 25 APPENDIX B 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. (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. 15 of 25 APPENDIX B (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. (l) 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 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. 16 of 25 APPENDIX B (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. (6) Auto repair and service proposals are subject to the following additional requirements: (a) The proposal shall submit a detailed operating plan in compliance with the latest addition of the Washington State Department of Ecology’s Guide for Automotive Repair Shops identified as Publication No. 92-BR-16. (b) The proposal shall include an operating plan which complies with the Department of Ecology’s SMM. The submittal shall include a stormwater management plan in compliance with Chapter 18.30 JCC and include supplemental information which addresses and complies with Volume IV-2.1 and 2.2 of the SMM. (c) The operation shall be limited to two stalls or bays for repair and servicing. (d) The cottage industry shall not store more than three vehicles at any one time awaiting or departing for or from servicing or repair. This excludes the vehicles being actively serviced in the facility. (e) A 50 -foot buffer shall be maintained from the structure housing the auto repair and service to all adjacent property lines. [Ord. 15-18 § 1 (Appx. A); Ord. 8-06 § 1] 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. 17 of 25 APPENDIX B (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. (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. 18 of 25 APPENDIX B (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. (l) 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 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. 19 of 25 APPENDIX B (v) Where shooting firearms is associated with a cottage industry at a property, such property shall be considered a commercial shooting facility. JCC 18.20.135 on Commercial Shooting Facilities 1 (1) The siting and development of commercial shooting facilities are regulated under Chapter 18.20 JCC. The operations of a commercial shooting facility are regulated under Chapter 8.50 JCC. A commercial shooting facility may be an indoor shooting facility or an outdoor shooting facility. (2) An application for a permit for all commercial shooing facilities shall contain a facilities plan that includes: (a) Locations and dimensions of all walkways; (b) Locations of all hazardous material storage and use, per a hazardous substance or hazardous waste management plan, if needed; (c) The component parts for each shooting range; (d) Locations and dimensions of firing lines or firing points, target lines and impact areas including all related buildings; (e) Locations, dimensions and slope of all backstops and side berms, whether natural feature or manmade and the volume, source, and type of all materials of which they are comprised; (f) Locations and specifications of all baffles and containment structures; (g) Approximate location of buildings on adjoining property; (h) Approximate location of any stream, river, lake, or other regulated body of water within 500 yards of the commercial shooting facility; 1 This section contains language moved from Ordinance 12-1102-18. 20 of 25 APPENDIX B (i) Dimensional drawings of physical layout for each of the items listed in this subsection, drawn at an engineering scale appropriate for the drawings; and, (j) Horizontal drawings of the baffles and containment structures, and a description of the materials to be used for them. (3) All commercial shooting facilities shall be designed to be consistent with the NRA Source Book standards for shooting range design. (4) All commercial shooting facilities shall be designed to meet the following minimum standards: (a) Rules and Regulations Required. All commercial shooting facilities shall adopt rules and regulations as defined in JCC 18.10.180; (b) Required Security. Commercial shooting facilities shall be designed to provide security measures to deter unauthorized entry to any shooting range, such as barriers, berms, cameras, gates, fencing, on-site security personnel, physical limits, or signage; and, (c) Containment. Commercial shooting facilities shall be designed so that when firearms are operating in accordance with the rules and regulations as defined in JCC 18.10.180, all projectiles are kept from leaving any shooting range or the commercial shooting facility. (5) In order to preserve the overall character of forest resource lands within the county, while complying with the supremacy principle stated in WAC 365-196-725, the county will not permit no more than 0.5 percent 2 of the total forest resource lands for use as outdoor commercial shooting facilities in the county. (6) All commercial shooting facilities shall comply with every applicable provision of the JCC related to protection of critical areas and shorelines (and buffers for all such areas, including but not limited to the buffers required in Chapter 18.22.JCC (Critical Areas) and Chapter 18.05 JCC (Shoreline Master Program.) 2 Note: This is approximately 150 acres. 21 of 25 APPENDIX B All commercial shooting facilities shall be designed to prevent adverse impacts to critical areas and shorelines. (7) Outdoor commercial shooting facilities are further regulated under JCC 18.20.350(8). JCC 18.20.200(2) on Permitted Home Businesses (2) Permitted home businesses do not include the following: (d) Uses which are associated with shooting firearms. JCC 18.20.350 Small-scale recreation and tourist uses (1) Small-Scale Recreation and Tourist Uses. 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 recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572. Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses: (a) Aerial recreational activities such as balloon rides, glider and parachute events; (b) Animal preserves and game farms; (c) Equestrian centers, on parcels 10 acres or larger in size; (d) Campgrounds and camping facilities; (e) Commercial fishing ponds; (f) Cultural festivals; (g) Miniature golf, not to exceed a gross use area of one acre; (h) Model hobby parks and sites on parcels 10 acres or larger in size; 22 of 25 APPENDIX B (i) Outdoor recreational equipment rental and/or guide services; (j) Outdoor shooting and archery ranges; Outdoor commercial shooting facilities; (k) Private hunting or fishing camps; (l) Public display gardens; (m) Recreational off-road vehicle (ORV) and all terrain vehicle (ATV) parks and recreational areas on parcels 20 acres or larger in size; (n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger in size; (o) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size; (p) Rural restaurants, only when associated with a primary recreational or tourist use; and (q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in size. (2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specifically named above may be classified as small-scale recreational and tourist uses by the administrator, subject to the provisions of this section, upon documentation by the applicant that the proposed use is dependent upon a particular rural location or setting and is consistent with the intent and application of RCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan. JCC 18.20.350(8) Outdoor Commercial Shooting FacilitiesRanges JCC 18.30.350(8) Outdoor Commercial Shooting FacilitiesRanges. Outdoor commercial shooting facilitiesranges are subject to the following standards in addition to those in JCC 18.20.135:3 (1) An application for a permit for an outdoor shooting facility must contain a facility design plan approved by the department that shall contain the following elements in addition to those in JCC 18.20.135: 3 This section contains language moved from Ordinance 12-1102-18. 23 of 25 APPENDIX B (a) For rifle and pistol shooting ranges: i. Longitudinal cross-sections, with elevations, of that portion of each shooting range from 10 feet behind each firing line to 10 feet beyond the downrange terminus of each direct fire zone, 10 feet beyond the back toe of each backstop if manmade, or if natural, 20 feet beyond the front edge of the backstop, as applicable; and, ii. Latitudinal cross-sections, from 10 feet outside all side berms or the edge of each safety fan, of typical areas between each firing line and backstop or downrange terminus of the direct fire zone. (b) For five-stand shooting, skeet shooting, sport clay shooting and trap shooting ranges, the location and dimension of the shot fall zones and component parts; (c) A list of all property owners prepared by a title company within the distance of the safety fan, but no less than one mile; (d) The safety fan for each shooting range proposed; and, (e) Elevations of all shooting ranges showing target area, backstops and berms. (2) All outdoor shooting facilities shall be designed to be consistent with the NRA Source Book standards for shooting range design for outdoor shooting ranges. (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of arrows beyond the boundaries of the parcel where they occur;4 (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 for outdoor shooting ranges shall be used as minimum guidelines in the design and construction of shooting ranges;5 4 Note: Covered and corrected in JCC 18.20.135, above. 5 Note: Covered in minimum standards in JCC 18.20.135, above. 24 of 25 APPENDIX B (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;6 (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; 7 (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;8 (f) No structure or shooting areas associated with a shooting range shall be located closer than 100 feet to any lot line; 9 (g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the owner; 10 (h) All shooting areas must be completely fenced; and 11 (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.12 6 Note: Covered in required security of JCC 18.20.135, above. 7 Note: Covered in containment requirement of JCC 18.20.135, above. 8 Note: Covered in required security in JCC 18.20.135, above. 9 Note: Covered in required security in JCC 18.20.135, above. 10 Note: Covered in required security in JCC 18.20.135, above. 11 Note: Covered in required security in JCC 18.20.135, above. 12 Note: Covered in NRA Source Book compliance requirement of JCC 18.20.135 above and/or Conditional Use Approval Criteria and SEPA. 25 of 25 APPENDIX B CHANGES TO THE USE TABLE: Table 3A-1. Allowable and Prohibited Uses Resource Lands Other Zones Types Agricultural – Prime and Local Forest – Commercial, Rural and Inholding Other Zones Where Only Indoor Commercial Shooting Facility Allowed 13 Other Zones Where No Shooting Facility Allowed Specific Land Use AG CF/RF/IF Convenience Crossroad (CC), General Crossroad (GC), Heavy Industrial (HI), Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), Irondale and Port Hadlock Urban Growth Area (UGA), Neighborhood/Visitor Crossroads (NC), Parks, Preserves and Recreation (PRR) 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), Indoor commercial shooting facility No NoC C No Outdoor commercial shooting facilityranges No C No No 13 Note: Industrial uses many not qualify. See JCC 18.10.090: “‘Industrial use, heavy or resource-based’ means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or natural resources; a use engaged in storage of or manufacturing processes using flammable, hazardous or explosive materials; or manufacturing processes that potentially involve hazardous or commonly recognized adverse conditions.”