HomeMy WebLinkAbout012720_ra02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Stuart Whitford, Director of Jefferson County Environmental Public Heath
Michelle Farfan, Associate Planner
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: January 27, 2020
RE: BRIEFING re: Staff Analysis of Two (2) Ordinances Recommended by the Planning
Commission on Commercial Shooting Facilities (Title 8 Health & Safety, and Title 18
Unified Development Code)
STATEMENT OF ISSUE: The Board of County Commissioners has requested that Staff brief
it on Staffs analysis of the two ordinances recommended by the Jefferson County Planning
Commission on commercial shooting facilities: (1) Ordinance Amending Ordinance No. 12-
1102-18 for Commercial Shooting Facilities under Title 8 JCC; and, (2) Ordinance Repealing
and Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code related to
Commercial Shooting Facilities.
ANALYSIS:
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
Jefferson County Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance
No. 15-1214-18 (Title 18 —Land Use Code) under the Growth Management Act(GMA, Chapter
36.70A RCW) and remanded them to Jefferson County to achieve compliance as addressed in
the Final Decision and Order with compliance due on March 2, 2020. On September 23, 2019,
the County Commissioners asked the Planning Commission to begin work immediately, in
coordination with County Staff, on legislation to revise the two ordinances to address the Growth
Board's Final Decision and Order. In the referral to the Planning Commission, the County
Commissioners asked that the Planning Commission's recommendations fully comply with the
Growth Management Act, including the Supremacy Principle in WAC 365-196-725(1), and
Washington Constitution, Article I, Section 24, RCW 9.41.290, and the Second Amendment of
the U.S. Constitution.
On October 16, 2019, Staff provided the Planning Commission a staff report with proposed
revised Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-
1214-18 (Title 18 —Land Use Code) (collectively Staffs revised proposed ordinances). In the
Staff Report, Staff stated they believe the Staffs revised proposed ordinances fully comply with
the Growth Management Act, including the Supremacy Principle in WAC 365-196-725(1), and
Washington Constitution, Article I, Section 24, RCW 9.41.290, and the Second Amendment of
the U.S. Constitution.
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Staff briefed the Planning Commission on October 16 and October 25, 2019 on the staff report,
including the Staff's revised proposed ordinances. The Planning Commission discussed the
Staff's revised proposed ordinances on October 28, 2019. A notice of hearing was published for
a Planning Commission hearing on November 5, 2019.
The Planning Commission held a public hearing, accepting verbal and written testimony, on the
Staff's revised proposed ordinances on November 5, 2019. The Planning Commission accepted
written comments from October 23, 2019 until November 8, 2019 regarding Staff's revised
proposed ordinances. The Planning Commission deliberated on Staff's revised proposed
ordinances on November 13, 20, and 25, 2019.
On December 3, 2019, the Planning Commission issued its recommendations on December 3,
2019 and presented them to the County Commissioners on December 9, 2019. The Planning
Commission's December 3, 2019 Recommendations include the October 16, 2019 Staff Report
(Appendix 1) and the proposed revised Title 8 and Title 18 ordinances attached as Appendix A
and Appendix B, respectively. Based upon the November 5, 2019 hearing and comments and
formal deliberations concerning the Staff's proposed revised ordinances, the Planning
Commission recommended for consideration by the Board of County Commissioners the revised
proposed ordinances attached to their December 3, 2019 Recommendations as Appendix 2 (Title
8) and Appendix 3 (Title 18). The December 3, 2019 Planning Commission Recommendations
are on the Department of Community Development's web page at
http://test.co j efferson.wa.us/WeblinkExternal/0/edoc/2276499/2019%2012%2003%20PC%20R
ecommendations%20-%20 S IGNED.pdf.
The Board of County Commissioners has requested that Staff brief it on Staff's analysis of the
two ordinances recommended by the Jefferson County Planning Commission on commercial
shooting facilities: (1) Ordinance Amending Ordinance No. 12-1102-18 for Commercial
Shooting Facilities under Title 8 JCC; and, (2) Ordinance Repealing and Replacing Ordinance
15-1214-18 and Amending Title 18 Jefferson County Code related to Commercial Shooting
Facilities.
FISCAL IMPACT: None, except the cost of Staff time.
RECOMMENDATION: Receive the Briefing requested by the Board of County
Commissioners, and provide direction on any potential revisions to the Planning Commission's
recommendations that the BoCC may wish to consider, that should be referenced with the
Planning Commission's ordinances in the hearing notice, so that the public has an opportunity to
consider that in their testimony at a public hearing on each ordinance.
RE ED BY:
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P clip Morle, , o ty A • --'-• • - Date
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APPI.NDIX ? (PL,ANNING COMMISSION RI ( 0\1\11 \DI:I) I1 l l.[. 8 ORDIN,AN( L)
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Amending Ordinance }
No. 12-1102-18 for Commercial Shooting } ORDINANCE NO.
Facilities under Title 8 JCC }
WHEREAS, 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 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;
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;'
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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;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,
• - s - * Al.
- s
WHEREAS, widely disseminated information exists about uncontrolled incidents at
shooting ranges outside of Jefferson County where people's safety has been threatened; and,
WHEREAS, commercial shooting facilities are best operateddeveleped 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, states that
"A range is only as safe as the manner in which it is used" 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,
WHEREAS, at outdoor 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
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 -:'- -- - ' . ' '
emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
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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, target shooting on both national forest lands and state-owned lands
(Department of Natural Resources lands) is permitted unless a specific area has been closed for
public safety; and,
WHEREAS, twenty percent of the land-base in Jefferson County falls under this
management where dispersed target shooting can be carried out by anyone who has legal
possession of a firearm; and,
WHEREAS,such dispersed, sporadic sport-oriented target shooting is less impactful
from both a noise impact and a human health impact, than the concentrated impacts poised by
outdoor commercial shooting facilities; and,
WHEREAS,lead is a heavy metal hazardous waste that can travel through soils, ground
and surface waters, and persist in the environment, bioaccumulating up the food chain; and,
WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and
animals alike; and,
WHEREAS,noise pollution above certain levels, particularly persistent, repetitive,
percussive noise pollution associated with shooting ranges, is deleterious to humans and animals
alike; and,
WHEREAS,technology exists to control such noise pollution at indoor shooting facilities
but not at outdoor commercial shooting facilities,where there are no known methods to completely
control or eliminate noise leaving commercial outdoor commercial shooting facilities that can
reach and negatively impact humans, domestic and wild animals, where such impacts cannot be
fully mitigated; 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,
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, 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,
that invalidated the Ordinance 12-1102-18 on the basis that it was a development regulation under
the Growth Management Act because it had not been reviewed under the State Environmental
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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 under the Growth Management Act and remanded the BoCC to achieve compliance as
addressed in the Final Decision and Order with compliance due on March 2, 2020; 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 and 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, this Ordinance has been revised to remove the bases on which the Growth
Board determined Ordinance 12-1102-18 was a development regulation as defined in the Growth
Management Act; and,
WHEREAS, even though this Ordinance is not a development regulation, 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, as a precaution and to show respect to the Growth Board's
September 16, 2019 decision; and,
WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act for this Ordinance and has utilized the County's public participation process, including
consideration by the Jefferson County Planning Commission; and,
WHEREAS, the Jefferson County Division of Environmental Public Health is a
department of the Jefferson County Department of Health, whose purpose is to protect the health
of all Jefferson County residents by promoting healthy communities and their environments; and,
WHEREAS, the BoCC has determined that the Division of Environmental Public Health
is best suited to enforcing this Ordinance because of its expertise in processing and enforcing other
health and safety regulations;
NOW,THEREFORE,be it ordained by the BoCC as follows:
Section 1. Modification of Chapter 8.50 JCC.
a. Chapter 8.50 JCC shall be renamed from "No Shooting Areas" to "Shooting in the
County."
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b. Article I, Chapter 8.50 JCC shall be renamed from "Establishment Procedures" to
"Establishment Procedures for No Shooting Areas."
c. Article II,Chapter 8.50 JCC shall be renamed from"Boundary Descriptions"to"Boundary
Descriptions for No Shooting Areas."
d. JCC 8.50.020 shall be amended to add a new subsection(5)exception as follows: (5)The
operation of an _. -• .. : _' • indoor shooting facility which has
obtained an operating permit or provisional operating pursuant to Article III of Chapter
8.50 JCC.
e. JCC 8.50.020 shall be amended to add a new subsection(6) exception as follows: (6)The
operation of a commercial shooting facility sited in accordance with Title 18 JCC that has
an operating permit or a provisional operating permit issued pursuant to Article III, of
Chapter 8.50 JCC.
f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall
then state: (7) The continued operation of legally established private or public gun club
facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50
JCC, and which were established and operating prior to the enactment of the no shooting
area ordinance or the development of outdoor rangesfacilities constructed in compliance
with JCC 18.20.350(8).
g. The definition of"firearm" in JCC 8.50.40 shall be changed to:
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of"firearm" includes the terms pistol, rifle,
short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as
those terms are defined in RCW 9.41.010. The term "firearm" shall not include: (a)
devices,including but not limited to"nail guns,"which are used as tools in the construction
or building industries and which would otherwise fall within this definition; or, (b) a
"destructive device" as defined in 18 U.S.C. §921(a)(2).
h. Wherever the words "this chapter"appears in Article I or Article II of JCC 8.50 when not
preceded by the words"Article I,"these words shall be changed to"articles I and II of this
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chapter." Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030,
JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080.
i. Consistent with the above, Chapters I and II of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
j. Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B.
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. Not a Development Regulation. Neither Article III of Chapter 8.50 JCC, as adopted,
nor the provisions of this Ordinance is a development regulation as defined in RCW 36.70A.030(7)
and WAC 365-196-200(8).
Section 4. Establishment of a Fee. The department shall charge a fee base fee of$450 plus actual
costs incurred(including consultant work)for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
Section 5. 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 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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\PPI:N1)I\ 2 (1'LANNIN6 COMMISSION RI( OMM1:N1)I;I) I I I LL 8 ORD'N;ANCI )
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
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APPENDIX A
[Modifications to Current Articles III of Chapter 8.50 JCC]
Chapter 8.50
SHOOTING IN THE COUNTY
Sections:
Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose.
8.50.020 Exemptions.
8.50.030 Prohibited.
8.50.040 Firearms defined.
8.50.050 Creation, alteration or dissolution of a no shooting area.
8.50.060 Violations—Misdemeanors—Penalty—Arrest.
8.50.070 Enforcement officers and procedures.
8.50.080 Interpretation.
Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
8.50.110 Port Ludlow.
8.50.120 Brinnon—Black Point.
8.50.130 Brinnon.
8.50.140 Brinnon—Triton Cove.
8.50.150 Brinnon—Olympic Canal Tracts.
8.50.160 South Coyle Peninsula.
8.50.170 Paradise Bay.
8.50.180 Chimacum Creek.
8.50.190 Tala Shore.
8.50.200 Ocean Grove.
Article III. Commercial Shooting Facilities
8.50.210 Purpose.
8.20.220 Definitions.
8.50.230 Operating Permit Required.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
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Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose.
The purpose of articles I and II of this chapter is to establish a process for the establishment,
alteration, or dissolution of"no shooting"areas in unincorporated Jefferson County and to
provide regulation of the discharge of firearms in such areas as provided in articles I and II of
this chapter. The creation of a no shooting area shall be considered in accordance with RCW
9.41.300(2)(a)wherein counties are authorized to enact laws and ordinances restricting the
discharge of firearms"where there is a reasonable likelihood that humans, domestic animals, or
property may be jeopardized."County officials shall endeavor to facilitate solutions within
communities to resolve concerns leading to petitions for no shooting areas. Areas considered for
creation, alteration, or dissolution of a no shooting area shall be considered on an individual
basis to adequately assess the motivation for the proposal and to resolve existing differences
regarding an area. Creation of a no shooting area must be realistically enforceable in the area
designated. [Ord. 2-07 § 1]
8.50.020 Exemptions.
The designation of a no shooting area shall continue to allow:
(1)The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals,
endangering livestock.
(2) The lawful use of a firearm by a law enforcement officer in the performance of their duties.
(3)The use of firearms to lawfully slaughter farm animals.
(4)The lawful use of force by citizens.
(5)The operation of an-indeer a commercial shooting facility which has obtained an operating
permit or provisional operating pursuant to Article III of Chapter 8.50 JCC.
Chapter 8.50 JCC.
18.20.350(8).
8.50.030 Prohibited.
It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson
County any projectile discharged from any firearm across, in or into a no shooting area
established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of
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the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in
defense of self or others. [Ord. 2-17; Ord. 2-07 § 3]
8.50.040 Firearm defined.
"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).
8.50.050 Creation,alteration,or dissolution of a no shooting area.
(1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in
accordance with RCW 9.41.300,wherein counties are authorized to enact laws and ordinances
restricting the discharge of firearms"where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized,"by either:
(a)A petition filed by residents containing the signatures of at least 20 elector-residents of each
voting precinct in the area under consideration; or
(b)A majority vote of the board of county commissioners.
(2)Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing
no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of
the board of county commissioners. The petition or request must be based on a definable threat
to the public health, safety or general welfare.
(3)The petition or request must include a legal description of the proposed boundaries with: a
map showing the proposed area, a written statement explaining the reasons for the petition, and a
statement, where applicable, of reported incidence involving firearms in the petition area.
(4)After petition signatures have been verified by the Jefferson County auditor-elections and the
board of county commissioners finds the petition warrants consideration,the county
commissioners shall hold a public hearing regarding the petition or may choose to facilitate an
amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing.
Treaty tribes will be contacted by the county to identify any concerns and invite their
participation.
(a) The review committee shall consist of:
(i)The county sheriff or his designee.
(ii)The director of the department of community development, or his designee.
(iii) Three residents-at-large to be appointed by the county commissioners.
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(iv)At least one representative of tribal interests will be invited.
(v)Representative stakeholders from the petition area as determined by the county
commissioners,with the goal of including persons from all sides of any contended or
questionable issue.
(b)The review committee shall consider, but is not limited to consideration of, the location,
terrain and surrounding land use of the petition area. The committee shall also consider any
additional instructions given by the county commissioners at the assignment of the committee.
The county commissioners shall hold a public hearing on the review committee's
recommendations soon after they are received by the commission.
(5) Legal notice of the public hearing shall be published one time in the official newspaper of the
county at least 10 days prior to the hearing.
(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare,the area shall be established,
altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall
consider, but is not limited to considerations of,the location,terrain and surrounding land use of
the petitioned area. The board of commissioners shall determine the final boundaries for the
creation of a no shooting area.
(7)Public works may post signs along public roads indicating a no shooting area boundary
where deemed necessary. The department of community development shall inform development
and permit applicants if a parcel is within a no shooting area.
8.50.060 Violations—Misdemeanors—Penalty—Arrest.
(1)Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall
not be a violation of articles I and II of this chapter when a person discharges a firearm in
accordance with the provisions of RCW 9A.16.020.
(2)Any law enforcement officer having probable cause to believe that a person has committed a
violation of articles I and II of this chapter has the authority to arrest the person.
(3)The first offense for violation of article I or II of this chapter constitutes a civil penalty not to
exceed $100.00. Consecutive offenses are punishable, upon conviction,by a fine not to exceed
$250.00 or by confinement in the county jail for a period of not more than 90 days.
8.50.070 Enforcement officers and procedures.
Enforcement of articles I and II of this chapter may be by any state or county law enforcement
officer, state game officer, or state fish and wildlife officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant persons violating the provisions of
this chapter. Said enforcement officers may serve and execute all warrants, citations and other
process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last
known place of residence of the offender shall be deemed as personal service upon the person
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charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition
of any person violating the provisions of this chapter.
8.50.080 Interpretation.
In the event any other county ordinance, whether or not codified, is in conflict with any of the
terms of articles I and II of this chapter, the more stringent shall be construed as applicable.
Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the
Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port
Townsend Bay; and on the East by the Shoreline of Port Townsend Bay.
[Ord. 12-95]
8.50.110 Port Ludlow.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property
lines of lots in Port Ludlow#5 at the northern end of Montgomery Lane. The boundary then
moves westward across the properties mentioned above along their northern property lines,
crosses Oak Bay Road and continues westward along the fire hall northern property line and on
west along the northern property lines of Port Ludlow#2, Area 3, at the northern end of Keefe
Lane.
At the NW corner of Lot#75 on Keefe Lane the No Shooting boundary turns south along the
western side of Jefferson Avenue to the northern property lines of Port Ludlow#2, Area 3 lots
along Fleet Drive. The boundary then moves west and then south around the cemetery, across
•
Swansonville Road and continues south along the western side of Talbot Way to the junction of
Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way
and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port
Ludlow#6.
The boundary then heads generally south along the western property lines of Port Ludlow#6 to
Oak Bay Road. It then turns west along the north side of Oak Bay Road,then south and then east
around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then
turns south along the western side of Paradise Bay Road to a point opposite the end of Camber
Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course
staying at the outside fairway points entirely around the western, southern and the eastern
portions of the golf course to the southern property lines of Fairwood Village.
The boundary then heads east along the south side of Springwood Drive and across Teal Lake
Road. It then swings NE along the property lines of Teal Lake Village on the south side of
Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation
12 of41
APPI:NDIX 2 (P1,:INNIN(I COMMISSION RI:COMMkNI)EU I I I II: 8 ORDIN,ANCI,)
Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear
View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across
Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to
Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the
end of Ludlow Beach Tracts#2. It then turns NW to the shoreline of Ludlow Bay.
[Ord. 4-96]
8.50.120 Brinnon—Black Point.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile
marker#308 on Highway 101. The boundary then moves southwesterly along the highway to the
first Duckabush River Bridge at mile marker#310. The boundary includes all of Black Point
surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile
markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which
is along the Duckabush River Estuary below the shoreline bluff.
[Ord. 5-97]
8.50.130 Brinnon.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the
west by the power line; and on the south by the Dosewallips River.
[Ord. 3-99]
8.50.140 Brinnon—Triton Cove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the north by an unnamed year around creek from the Hood Canal to the
Bonneville power lines(the area under the power lines is to be included in the No Shooting
zone); on the West by the far side of the power lines;the East by Hood Canal; and on the South
by the Jefferson County line.
[Ord. 7-00]
8.50.150 Brinnon—Olympic Canal Tracts.
The area described below is hereby established as a"No Shooting"zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of
Duckabush Road;
13 of41
�\l'PI:NI)Iy ? (PI \\AING COMMISSION R1 ('O\lNll NUI:D II 1 1.1 8 ORI)INAN( I:)
Thence northwesterly along the centerline of Duckabush Road to the intersection with the most
westerly line of the Bonneville power lines;
Thence southwesterly along the most westerly line of the Bonneville power lines to the
intersection of said power lines with McDonald Creek;
Thence southeasterly along McDonald Creek to the shoreline of Hood Canal;
Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth of the
Duckabush River;
Thence northerly along the shoreline to a point along the shoreline that is due west of the
intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
Thence west to the point of beginning.
Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North,
Range 2 West; Willamette Meridian.
All lying in Jefferson County, state of Washington.
[Ord. 12-02]
8.50.160 South Coyle Peninsula.
The area described below is hereby established as a"No Shooting"zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette
Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West,
Willamette Meridian, described as follows:
Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number
488422, Section 28 Township 26 North, Range 1 West Willamette Meridian;
Thence continuing along the extension of the South line of said Tax 1 to the centerline of said
Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of said Tax 1 to
the Northeasterly corner of Tax 2 as described under Auditor's File Number 422414;
Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel
identified under said Auditor's File Number 422414;
Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0
low tide mark in Dabob Bay;
Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along
the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-
onna Beach Drive extended Easterly from the most Easterly point of said centerline located in
14 of 41
APPENDIX 2 (PLANNING COMMISSION RI:( OMM[NDI;I) 1111 18 ORDINANCE:)
the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and
said 0.0 low tide mark of Hood Canal;
Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the
intersection of said East Go-onna Beach Drive with the centerline of Coyle Road;
Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road
with the centerline of Payne Road;
Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF
BEGINNING;
EXCEPTING THEREFROM any portion of the following described parcels that lie within the
above described bounds and that do not lie within the Northerly and Easterly 200 foot setback
from the centerline of Zelatched Point Road,within the Northerly and Westerly 200 foot setback
from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the
centerline Payne Road:
The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West,
Willamette Meridian, lying Southerly and Easterly of Payne Road;
The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian,
lying Northerly and Westerly of Coyle Road;
The South one half of the Northwest of Section 33, Township 26 North, Range 1 West,
Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and
The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1
West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and
Westerly of Coyle Road;
Situate in Jefferson County, Washington.
[Ord. 12-14 § 1; Ord. 20-02]
8.50.170 Paradise Bay.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the land lying within the following bounds:
Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge
Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state
of Washington and the easterly margin of Teal Lake Road;
Thence northeasterly along said northerly line of said Tract A to the intersection of said line with
the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake
Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;
15 of41
\PPLJNI)IX 2 (PI V NIN(; COMMISSION RI:COMy1I:N1)1 1) l 111 1. 8 ORDINAN( I=)
Thence in a straight line northeasterly to the intersection of said line with a point located at the
intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division
1 and the northerly margin of said Crestview Drive;
Thence northerly along the northerly margin of said Crestview Drive, said margin also being the
westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said
plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C;
Thence easterly along the northerly boundary of said Tract C to the intersection of said line with
the most easterly boundary of said plat of Amendment to Teal Lake Village;
Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to
the intersection of said line with the southerly margin of Paradise Bay Road;
Thence along said southerly and westerly margin in an easterly and southerly direction to the
intersection of said westerly margin of Paradise Bay Road with the North line of Section 22,
Township 28 North, Range 1 East, W.M.;
Thence easterly along the North line of said Section 22 to the mean lower low water boundary of
Hood Canal;
Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon
and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28
North, Range 1 East, W.M.;
Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26,
35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North,
Range 1 East, W.M.,to the intersection with the northerly margin of State Route 104 with said
mean lower low water boundary of Hood Canal;
Thence northwesterly along the north margin of State Route 104 to the intersection of said
margin with the easterly margin of Paradise Bay Road;
Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south
line of Section 23, Township 28 North, Range 1 East, W.M.;
Thence westerly along said south line of Section 23 to the intersection with the westerly margin
of Paradise Bay Road;
Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the
northerly margin of Andy Cooper Road;
Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with
the easterly margin of Teal Lake Road;
Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of
this description.
All situated within Jefferson County, Washington.
16 of 41
�1PPFNDIi ? (P1 1\\1\6 COMMISSION RI:COM MI:NDI:D I II LI: $ ORDIN;ANC'1:)
[Ord. 4-08 § 1]
8.50.180 Chimacum Creek.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the following described lands, being a portion of Sections 34 and 35, Township 30 North,
Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying
within the following bounds:
Beginning at the intersection of centerline of as-built Prospect Avenue extended Easterly to the
westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this
description;
Thence Westerly along the centerline of as-built Prospect Avenue to the intersection of said road
with the centerline of State Route 19, also known as Airport-Cutoff Road;
Thence Southeasterly along the centerline of said State Route 19 to the intersection with the
centerline of Irondale Road;
Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of
platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page
16 records of Jefferson County, Washington;
Thence Easterly along said centerline of Market Street to the centerline of Maple Street as
platted on said plat;
Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40
and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of
Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline
of Port Townsend Bay;
Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of
Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049
DD, within Port Townsend Bay to the True Point of Beginning.
All lying and being in Jefferson County, Washington.
[Ord. 3-17 § 1; Ord. 11-08 § 1]
8.50.190 Tata Shore.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County,
Washington, encompassed within the following described boundary:
17 of41
nPPI:NDIX 2 (PI.:INNIN(! COYIyIISSION RI:COy11\11.NDI I) I I I II. 8 OR1)IN.AN('I:)
Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range
1 East, W.M.Jefferson County, State of Washington and the centerline of a private road known
as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012
records of Jefferson County, Washington; Thence Northerly along said private road centerline to
the North line of the Southeast Quarter of the Northwest Quarter of Sections 15, Township 28
North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the
Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly
along the North line of Government Lot 4 and the Easterly extension of the North line of
Government Lot 4 to the 0.0 low tide mark within Hood Canal,
Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0
low tide mark with the Easterly extension of the South section line of said Section 15; Thence
West along said Easterly extension of said South section line and the South section line of
Section 15, Township 28 North, Range 1 East,to the intersection of said South line and the
centerline of the private road known as East Ludlow Ridge Road said point being the point of
beginning of this description.
TOGETHER WITH:
All of Section 10, Township 28 North, Range 1 East, W.M.Jefferson County, State of
Washington.
All situated in Jefferson County, State of Washington.
[Ord. 6-14 §§ 1, 2]
8.50.200 Ocean Grove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
Albert Balch and Harry Cotton's Ocean Grove Estates, as per plat recorded in Volume 4 of Plats,
Page 20, records of Jefferson County, Washington;
TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 2, as per plat
recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington;
TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2
West, W.M., not included in said Albert Balch and Harry Cotton's Ocean Grove Estates and in
Albert Balch and Harry Cotton's Ocean Grove Estates No. 2.
TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54,
under Auditor's File Number 328912, located within Government Lot 5, Section 24, Township
30 North, Range 2 West, W.M., described as follows:
Beginning at the Northwest corner of said Lot 5;
Thence proceeding on a bearing of S 88° 30' 34" East 67.21 feet along the North line of said Lot
5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27,
records of Jefferson County;
18of41
APPENDIX 2 (PLANNING COMMISSION RLCOyIM[NDIJ) Ill [F 8 ORDINANCE)
Thence continuing South 88° 30' 34" East 76.22 feet to the Southeast corner of said Lot 12;
Thence turning South 26° 34' 58" West 166.11 feet to a rebar and cap marked"Parrish, LS
29535";
Thence continuing South 26° 34' 58" West 9.07 feet;
Thence North 83° 52' 04" West 69.36 feet to the West boundary of said Lot 5;
Thence North 01° 29' 25" East 8.53 feet to a rebar and cap marked"Parrish, LS 29535" and the
West line of said Lot 5;
Thence along the West line of Lot 5 North 01° 29' 25"East 144.51 feet to the Point of
Beginning;
TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 3, as per plat
recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139,
records of Jefferson County, Washington.
19 of41
APPI:NI)IN 2 (PLANNING COMMISSION RI ('(MMLNI)I:I) 111111 8 ORUIN.A\CIL
APPENDIX B
Article III. Commercial Shooting Facilities
8.50.210 Purpose.
The purpose of this article is to provide uniform requirements for the
operation of all commercial shooting facilities in unincorporated parts of the county. These
requirements include provisions that:
(1) Establish a permitting procedure and rules for the ting, design and operation of commercial
shooting facilities that protect participants, spectators, neighboring properties and the public;
(2) Include appropriate measures designed to make the discharge of firearms safe during the
operation of commercial shooting facilities;and,
(4) - . - .. •.• ' • - •• .. . . - . . - • • - : =,
(5) Promote the continued availability in the county of shooting facilities for firearm education,
training, and practice in the safe use of firearms, and firearm sports,without prohibiting or
expressly regulating the discharge of firearms.
8.50.220 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) "Aggrieved party" means a person or persons who can demonstrate that a decision by the
director or a hearing examiner will prejudice them or their interests that are protected by
federal or state law or JCC.
(2) "Annual inspection"means the annual inspection required by JCC 8.50.230(5)(d).
(3) "Applicant"means a person applying for an operating permit.
(4) "Armed forces" means the armed forces of the United States or of the National Guard or
organized reserves.
". „
«. s " •- - -
«. ,, .. --
the discharge of firearms.
20 of 41
APPI NDIX 2 (PLANNING COMMISSION RI ('OMMI N1)1:I) I I II I: 8 ORl)IN;1N(`I )
(9) "BMP" means best management practice or practices, which are systems of practices,
schedules of activities,maintenance procedures,and management measures that prevent or
minimize adverse impacts to the environment.
(10) "Bullet"means a single projectile fired from a firearm.
(11) "Buffer zone" has the same meaning as in JCC 18.10.20B and includes but is not limited
to buffer zones required by Chapter 18.22 JCC (the critical areas ordinance) or Chapter
18.25 JCC (the shoreline master program ordinance), federal or state law.
(12) "Cartridge"means a self-contained unitized round of ammunition that is made up of a case,
a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal
alloy or plastic.
(13) "CFR"means the Code of Federal Regulations, as it now exists or is later amended.
(14) "Cold Range" means a shooting range open to the public on which all firearms are to be
unloaded at all times, unless instructed otherwise by a range master or a range officer.
(15) "Commercial shooting facility" means an • . .. .. •.: . _' ' indoor
shooting facility or outdoor commercial 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 osed
. .. _ . . ._- 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. - : • • : •-. - •:. : , --
(16) "Cowboy action shooting" means a type of match using one or a combination of firearms
in "Old West themed"courses of fire for time and accuracy.
(17) "Critical areas"mean critical areas as defined in Chapter 18.22 JCC.
(18) "Department"means the county public health department's division environmental public
health .
(19) "Director"means the director of the department .
1PPIIN1)IX 2 (PI \\NIN(i OMMISSION RI COM NIL'y1)I:U III l.1. 8 ORl)IN;INCI:)
(20) "Environmental Component t" means —the portion of the Safety and Environmental
Health Plan that contains the plan for •• •_. • • - -• • . -• . ••• .. - related to managing
solid waste and lead by implementing generally accept BMPs . • • • . .• _. _'.
sheetings-as required by JCC 8.50.240(4).
(21) "Expansion" means any proposed change that increases the existing activities and uses
s -
(22) "Exploding target"means a target that explodes when hit by a projectile.
(23) "Explodes" means burst or shatter violently and noisily from rapid combustion,
decomposition,excessive internal pressure,or other process,typically scattering fragments widely.
(21) "Facility Design Plan"means the written procedures or policies of a commercial shooting
as required by JCC 8.50.210(2).
(25) "False Report" means a report of violation that results in the dispatch of the department,
(26) "Firearms allowed at commercial shooting facilities" means weapons that can be legally,
owned, carried and discharged in accordance with the laws of Washington under Chapter 9.41
RCW("Firearms and Dangerous Weapons")and not additional weaponry in use by military forces
which require specialized authorization, training and training grounds. Machine guns, destructive
devices,and certain other firearms are prohibited on commercial shooting facilities. The definition
of these items may be found in Title 26 U.S.C., Chapter 53, section 5845, also known as the
National Firearms Act. Examples are: any select fire firearm (aka full-auto), mortar, rocket
launcher, grenade, Molotov cocktail.
(27) "Firearm"has the same meaning as in JCC 8.50.040.
(28) "Firing line"means a line parallel to the targets from which firearms are discharged.
(29) "Firing point" means a location from which one individual fires at an associated target
located down range.
of the firing line.
(31) "Hazardous substance" means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical,
chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
\PPI;NI)l\ 2 (I'l \\\I\G COMI\IISSION RI('Orv1\I1INI)I:D III 1 1 8 ORDI\,1NCI:)
(32) "Hazardous waste"means those solid wastes designated by 40 CFR Part 261 and regulated
as hazardous or mixed waste by the United States EPA.
(33) "Hot Range"means a shooting range on which all firearms are allowed to be loaded at all
times.
(34) "Impact area"means the area in a backstop or bullet trap directly behind the target where
(35) "Indoor shooting facility" means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms, ammunition, component parts and
accessories.
(36) "JCC"means the Jefferson County Code, as it now exists or is later amended.
(37) "Law enforcement officer"means "federal peace officer"as defined in RCW 10.93.20(6),
"general authority Washington peace officer"as defined in RCW 10.93.20(3), "law enforcement"
officer as defined in RCW 9.41.010 (12), "peace officer" as defined in RCW 43.101.010(11),
"limited authority Washington peace officer" as defined in RCW 10.93.20(4), "qualified law
enforcement officer" as defined in 18 U.S.C. Section 928B(c) and, "specially commissioned
Washington peace officer" as defined in RCW 10.93.20(5). For the avoidance of doubt, "law
enforcement officer" includes federal, tribal, state, and local members of law enforcement
organizations certified by their jurisdiction to enforce the laws of that jurisdiction.
(38) "Life safety incident" means an incident that causes ballistic trauma to humans, domestic
animals, or property.
(39) "Member of the armed forces"means a member of the armed forces, when on duty.
(40) "NRA Range Source Book" means the most current2012 version of The NRA Range
Source Book published by the National Rifle Association.
(41) "Operations Component" means the portion of the Safety and Environmental Health
Plan that contains the written procedures or policies of a commercial shooting facility that
specifically define the operations requirements for the commercial shooting facility as required by
JCC 8.50.240(3).
(42) "Operator"means the person operating the commercial shooting facility.
(43) "Operating Permit"means the operating permit required by this article.
(44) "Or"means both or and and/or.
(45) "Other Reports of Violations"means reports of violations that are not life safety incidents
(46) "Outdoor shooting facility" means a commercial shooting facility that is not an indoor
shooting facility.
23 of 41
�\PPI:N1)IX ? (PI ,\NNIN(, COti1MISS1ON RI:CO\111I:N1)1:I) Hill: 8 ORI)IN \\( I:)
(47) "Owner" means the holder of title to the real property on which a commercial shooting
facility is located.
(48) "Person"means person as that term is defined in RCW 1.16.080.
•
(50) "Practical shooting" means a sport that challenges an individual's ability to shoot rapidly
and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses called
stages, some requiring many shots to complete, and others just a few. While scoring systems vary
between practical shooting organizations, each measures the speed with which the stage is
completed, with penalties for inaccurate shooting.
(51) "Projectile"means an object fired from a firearm.
(52) "Provisional operating permit" means a provisional operating permit issued pursuant to
JCC 8.50.230(4)(c).
(53) "Qualified Shooting Range Evaluator" means a person who has been an NRA range
technical team advisor or who is a professional engineer with expertise in the design of shooting
ranges.
(54) "Range master"or"range officer"means a person or persons trained and appointed by the
operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance
with the requirements of this article and any additional safety specifications that may be adopted
by the operators of the commercial shooting facility. At a minimum, a range master or a range
officer shall complete the necessary training and obtain certification to be a range master or range
officer from the National Rifle Association,the NROI National Range Officer Institute,the IDPA
International Defensive Pistol Association, the SASS Single Action Shooters Society, the CMP
Civilian Marksmans Program, the Washington State Criminal Justice Commission, anthe armed
forces or,as determined by the director, other training equivalent to the National Rifle Association
training for certification as a range master or range officer.
(55) "RCW"means the Revised Code of Washington, as it now exists or is later amended.
(56) "Report of Violation" means a report of a violation of this article received by the
department or the sheriff.
(57) "Routine maintenance" means repair of structures or property maintenance for which
Permits are not required or repair of berms.
(58) "Rules and regulations" means requirements used in the operation of a commercial
shooting facility that minimize the risk of threatened harm.
(59) "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
24 of 41
PPI N1)1\ 2 (PI \NNIN(' CONINIISSION 1) 1111NIA I) 1 1 1 1 1ORI)IN;ANCI:)
the shooting range . • - .- - .. - . • • . • .•• ---- • . - •- . -- • • •-• - •- - -
(60) "Safety Componentpla+" means the portion of the Safety and Environmental Health Plan
that contains the written procedures or policies of a commercial shooting facility that specifically
define the safety requirements for the commercial shooting facility as required by JCC 8.50.240(2).
(61) "Sheriff'means the elected sheriff of Jefferson County or designee.
(62) "Shooting range" consists of a firing line or firing points, and an impact area.
.• • . . - • •-
of the shooter.
(61) "Sporting clays" means a form of clay pigeon shooting that consists of multiple shooting
(65) "Target"means a mark to shoot at.
(66) "Target line"means the line where targets are placed.
(67) "Threatened Harm" means a reasonable likelihood that humans, domestic animals, or
property have been or will be jeopardized by the operations of the commercial shooting facility.
(68) "Tracer or incendiary ammunition" means any ammunition causing or designed to cause
fires and includes a projectile or shell that traces its own course in the air with a trail of smoke,
chemical incandescence, or fire to facilitate adjustment of the aim of a firearm.
(69) "Trap shooting" means a shotgun shooting sport where a shooter on the firing line shoots
at targets launched from a single launching point and generally away from the shooter.
(70) "U.S.C."means the United States Code, as it now exists or is later amended.
(71) "WAC" means the Washington Administrative Code, as it now exists or is later amended.
8.50.230 Operating Permit Required.
(1) Commercial shooting facilities shall be authorized and operated in accordance with an
operating permit issued by the department. No proposed or established commercial shooting
facility may operate without an operating permit. Failure to obtain an operating permit shall result
in closure of the commercial shooting facility until such time a permit is obtained. Commercial
shooting facilities that operate without an operating permit are subject to enforcement, including
but not limited to injunctive relief. The operating permit shall govern the scope of operations of
each commercial shooting facility, and shall be issued, denied, or conditioned based upon the
standards set forth in this article.
(2) The operating permit is not alter the legal nonconforming use status and rights of
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\I)1)1:NDI\ 2 (Pl.ANNIN(. ( ON1NlISSION RI:( Oti1ti11 NDI:1) I I I I1 8 ()MIN vNCI:)
18 JCC.
(3) Conditional Use Permit and Operating Permit for Commercial Shooting Facilities
may be considered by the hearing examiner at the same time. If Tthe owner or operator of a
proposed new commercial shooting facility shall-apply applies for an operating permit at the time
of and thea conditional use permit application,, • - - • . _. • . . .
of the review.a hearing examiner may consider both applications at the same time pursuant to
Chapter 2.30 JCC, but the requirements and procedures under this chapter and under JCC are
separate and distinct and must be followed separately.
(4) Provisional Operating Permit for Established Commercial Shooting Facilities.
(a) The owner or operator of an established commercial shooting facility in active use on the
effective date of the ordinance codified in this article shall apply for an operating permit not
later than one hundred eighty (180) days after the effective date of the ordinance codified in
this article or within such other period as established by the director in consultation with the
applicant.
(b) Subject to JCC 8.50.230(4)(c), an established commercial shooting facility must obtain an
operating permit within one year of the application required by JCC 8.50.230(4)(a).
(c) If the professional evaluation(JCC 8.50.240(6))does not demonstrate full compliance with
this article, then a provisional operating permit may be issued by the director, provided: Life
all life safety deficiencies identified in the professional evaluation must
be corrected prior to issuance of the provisional operating permit.
(d) Provisional operating permits do not vest the applicant to any Jefferson County Code
requirements.
. - •
•
ii. Other Deficiencies.
A. In consultation with the owner or operator,the Qgualified Sshooting Range
&valuator who performed the professional evaluation and the director will
establish a timeline for remedying all the other deficiencies noted in the
professional evaluation that are not life safety deficiencies or critical area
deficiencies.
B. If the director concludes that agreement on the timeline for correction of the
other deficiencies cannot be reached, the director shall provide written notice of
agreement to attend mediation to the applicant to be concluded within 60 days,
along with a proposed timeline for correction of the other deficiencies.
C. If the applicant does not agree to mediation within 7 days after the director
sends written notice, the timeline for correction of the other deficiencies proposed
by the director pursuant to JCC 8.50.230(4)(d)(ii)(B) shall be established.
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APPENDIX 2 (PLANNING COMMISSION RLCOMM[NI)I_I) 11111 8 ORI)INAN(I)
D. The applicant may appeal the establishment of the timeline for correction
of the other deficiencies established pursuant to subsection JCC 8.50.230(4)(c)
(iii)(C)to the hearing examiner pursuant to Chapter 2.30 JCC.
E. The provisional operating permit shall be issued only on the condition of
acceptance by the applicant of the timeline established for correction of the other
deficiencies.
F. Failure to adhere to the timeline for correction of the other deficiencies may
result in a notice of correction served by the department on the owner or operator
of the commercial shooting facility.
G. Following a notice of correction, the director and the owner or operator of
the commercial shooting facility may meet to develop a compliance plan. The
compliance plan shall establish a reasonable and specific time frame for compliance
with the timeline for correction of the other deficiencies. The voluntary correction
process is optional as deemed by the director. If the director believes that the
requirements of a voluntary correction plan are not being met, the director shall
revoke the provisional operating permit.
H. Failure to adhere to the timeline for correction of the other deficiencies 30
days after issuance of the notice of correction or after failure to adhere to a
compliance plan shall constitute sufficient grounds for the director to terminate
immediately the provisional operating permit.
I. Termination of a provisional operating permit by the director may be
appealed pursuant to JCC 8.50.260.
J. When all other deficiencies have been corrected, the director shall issue an
operating permit.
(5) Inspections and Annual Report Required.
(a) Pre-Operation Inspection. Prior to issuing any operating permit or provisional
operating permit, the department shall inspect the commercial shooting facility to
determine that the commercial shooting facility complies with
- . . . .' . . . : all the requirements in the approved operating
permit application.
(b) Annual report. The holder of the operating permit shall submit a report to the
department on an annual basis in a form required by the department. The annual report is
due each year on the last day of the same month the operating permit was issued. The
annual report shall include:
i. A written statement by the owner of the commercial shooting facility
declaring that the commercial shooting facility is compliant with the initial operating
permit approval;
ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a)-(e),
as submitted in the application; and,
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\I'PI:NI)IN 2 (I'l \NNING ( 0\1\1ISSION RI:('0\1\1I:NI)I:I) 11111. 8 ORI)IN,AN( F.)
iii. A current statement of general liability insurance and any monitoring data
required by an operating permit . . . . '_. . _ _. . . . _ . • ' . _. .. . .
to Title 18 JCC.
(c) Annual Inspection. After issuance of an operating permit, commercial shooting
facilities shall be subject to an annual inspection by the department following submission
of the annual report required by this section. The department shall develop a checklist for
an annual inspection. The checklist for the annual inspection shall be provided to the
operator at the time the operating permit is issued and shall be effective during the term of
the operating permit.
(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon
receipt by the director of any of the following claims:
i. A claim of noncompliance with the operating permit; or,
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
i. The department shall have the authority to establish procedures for
noncompliance inspections.
ii. The department shall contact the commercial shooting facility within one
business day after receipt by the department of a claim pursuant to subsection
(d)and shall give the commercial shooting facility a written notice of the claim;
and,
iii. The owner or operator shall make the commercial shooting facility available
for inspection not later than two business days after receiving a request for an
inspection from the department.
(e) Following an annual inspection or a noncompliance inspection:
i. The department shall inform the owner or operator in writing of any
deficiencies or corrective actions to be taken, which may include any of the
actions authorized by subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken.
(0 Life Safety Incident. If the director determines there was a life safety incident:
i. The director may suspend or modify the operating permit,close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set
forth each claimed life safety incident with a specific reference to applicable
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violation of this article or operating permit and the corrective measures to be
taken;
iii. The owner or operator shall respond in writing to the written notice provided
by the director and shall take any necessary corrective measures within a
reasonable time, as determined by the department in consultation with the
operator;
iv. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken;
v. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director's
determination in JCC 8.50.230(5)(f)(i) shall remain in effect.
(g) Effect of a Suspension of an Operating Permit. An operating permit that has been
suspended requires the commercial shooting facility to cease any firing activities
until the permit has been reinstated by the director.
(h) Land Use Permits Also May be Required. In addition to the operating permit
required by this article, land usoa separate permit applications under may be
required under Title 18 JCC. _. • . . . ...• . .. •-.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(1) Required Components. The application for a commercial shooting facility operating permit
shall contain a Safety and Environmental Health Plan with the components required in the
subsections that follow:
(a) Facility Design Plan;
(b) Safety Component;
(c) Operations Component;
(d) Environmental Health ComponentPlan;
(e) Sound Suppression Componentlalan;
(f) Professional Evaluation;
(g) Certification; and,
(h) A list of all property owners prepared by a title company within the distance of the safety
fan, but no less than one mile.
Facility Design Plan.
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• • . • -
-,
. ' I • . .
i. Locations and dimensions of firing lines or firing points,target lines and impact
comprised;
iii. Locations and specifications of all baffles and containment structures;
iv. Location of all security measures specified in JCC 8.50.250W;
v. The safety fan for each shooting range proposed;
vii. Approximate location of any stream, river, lake, or other body of water within 500
ix. Horizontal drawings of the baffles and containment structures, and a description
of the materials to be used for them;
x. For rifle and pistol shooting ranges:
range from 10 feet behind each firing line to 10 feet beyond the downrange
if manmade, or if natural, 20 feet beyond the front edge of the backstop, as
applicable; and,
B. Latitudinal cross sections, from 10 feet outside all side berms or the edge of
downrange terminus of the direct fire zone.
_ , . . •. . . _. .. .. :,
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xii. - - . •: -:: ••: : . . :, :. _ . : _ ...
(2) Safety Component) t. The Safety ComponentRia t shall contain at least the following
elements:
(a) The safety fan for each shooting range proposed;
(b) Approximate location of buildings on adjoining property;
(c) Sign-in procedures, rules and regulations, and protocols for the use of shooting ranges;
(d) An emergency plan, to include provision for immediate notification to 911 of any life
safety incident and on the next business day to the department;
(e) Methods for documenting the accidental or unintended release of a bullet anywhere at or
from the commercial shooting facility, which documentation shall be transmitted to the
department within 7 days of the release;
(f) Provisions for the safe loading and unloading of firearms;
(g) A requirement that range masters and range officers shall complete the necessary training
and obtain certification to be a range master or range officer;
(h) A requirement that at least one range master or range officer be present when shooting is
occurring whenever the commercial shooting facility is open to the public;
(i) A requirement that when the commercial shooting facility is closed to the public, a
commercial shooting facility member who has passed the minimum training requirements of
the range shall be present;
(j) Provision for specific safety requirements for all cowboy action shooting, practical
shooting, and similar sports shooting matches at any shooting range;
(k) Rules and regulations for changing the use of shooting ranges from cold ranges to hot
ranges or vice versa;
(1) A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services;-aREIT
(m)Provision for emergency services access by vehicle or air transport
(n) A requirement prohibiting the use of alcohol, Cannabis or other drugs at the commercial
shooting facility when it is open to the public or shooting is occurring:
(o) A requirement that drones may not be flown by anyone on the commercial shooting
facility when open to the public or while shooting is being conducted-; and,
(p) A requirement that no shooting take place after dark, except for law enforcement officers
or members of the armed forces provided such shooting after dark for law enforcement
officers or members of the armed forces does not occur after 10 p.m., shooting does not
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exceed four hours, and the maximum days shooting after dark is allowed does not exceed one
day per week.
(3) Operations Component. The Operations ComponentP4aft shall contain at least the
following elements:
(a) The days of the week and the hours of operations;
(b) Whether the commercial shooting facility will be open to the public, open only to private
membership, open to training for groups or organizations, or any combination of these;
(c) A description of any activities that would not be overseen by the owner or operator and
how the owner or operator will obtain compliance with the operating permit for these
activities.
(d) The types and largest caliber of firearms and ammunition to be allowed on each shooting
range;
(e) Type of shooting proposed on each shooting range;
(0 Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
(g) A requirement that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars for each
occurrence and combined single limit and two million in the aggregate during operation
of the commercial shooting facility;
(h) A requirement that certificates of insurance for all policies that provide insurance
coverage for the commercial shooting facility be provided to the department evidencing
continuous insurance coverage required by the Operations Plan within fifteen(15)days
of approval of the Operations Permit that include:
i. The limits of coverage;
ii. The names and addresses of all certificate holders; and,
iii. A statement that the insurance policy shall not be canceled or allowed to expire
except on thirty(30)days prior written notice to the department.
(i) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
(4) Environmental Health Componentlt. -. - . •• - _'. .. •• . ' _ . . .
The Environmental Componentpla witlishall contain the following
minimum requirements:
(a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.
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APPLNl)1X 2 (PLANNING COMMISSION RI-:C(AMU.NUI:I) I I I LL 8 ORI)INANC'I:)
• .. . - • , • , , - . .
(c) At indoor facilities, BMPs for lead as recommended by the National Institute for
Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert—
Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later
is amended.
(d) At outdoor shooting facilities, BMPs for lead as recommended by USEPA Region 2 in its
2005 publication entitled Best Management Practices for Outdoor Shooting Ranges, as it
exists now or later is amended.
(e) If, other than lead, any hazardous substance or hazardous waste will be keptstered at the
commercial shooting facility,the Environmental Health Componentialan also shall
include:
i. A plan for compliance with requirements under existing law for the handling and
closure of facilities for storage or use of the hazardous substance or hazardous waste;
and,
ii. A plan for financial assurance consistent with existing law for addressing any
remediation of hazardous substances or hazardous waste.
(e) -. . - -• - - . - , •• . - - - • - - . . .
(5) Sound Suppression ComponentNeise-Abatement-Plan. -. _ __ . .. - _ , • -- •. . -• -
. . •. .. . .. . . . . • _ e abatement plan. The sound suppression
component shall contain the following minimum requirements:
(a) Identify potential sound issues and potential solutions to those issues;
(b) Describe proposed methodologies and technologies to mitigate noise from
operations ;
(c) Provide a description of how the sound suppression component will be integrated into
implemented on a yearly basis; and,
(d) Contain BMPs to maximize sound suppression^oi a abatement consistent with the NRA
Source Book and Chapter 8.70 JCC (noise control).
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(6) Professional Evaluation.
(a) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(b) If requested,the applicant shall allow for an inspection of the site of the neer
established commercial shooting facility by the qualified shooting range evaluator.
(c) The ' - . - . . . •:• ualified shooting range evaluator shall contain-an
requirements provide a written evaluation of the level of safety of the operations
proposed in the operating permit application, which shall contain:
. .. . • _. Any An evaluation of all safety issues not addressed
by the operating permit application;
ii. Any An evaluation of all proposed ttsesoperations that are inconsisten to ensure
consistency with the NRA Range Source Book
institutieftal-eentfels;
iii. - : .. - .:- An evaluation of whether the commercial shooting
facility's operations. - . . • . . described in the application for
an operating permit minimize threatened harm;
iv. . .. . - • - : •_ : The signature of the
qualified shooting range evaluator;
v. For new commercial shooting facilities, .- . .. . _: • a certification
that the operating permit application satisfies all the requirements of this article.
vi. For established commercial shooting facilities, the evaluation shall classify the
ways in which the facility is currently non-compliant with this article according to
the following priorities:
A. Life safety issues or critical area deficiencies that must be remedied prior to
issuance of an operating permit; and,
B. -. • .- -.• .. _ Proposed operations that do not meet the safety
objectives of this article_; and,
C. Facility design components that do not mitigate detrimental effects of the
facility on critical areas.
(d) The applicant shall reimburse the county for the actual costs incurred(including
consultant work and the cost of county staff review based on the applicable hourly rates,
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A13P1:Nl)12 (PI \N\1\,(; ( 01\1\1110N Rk( ON11\11:Al)l:U 11111 $ ORU1\,A\C1:)
less the application fee)of the evaluation. No operating permit shall be issued until
reimbursement to the county is made.
(e) The applicant may challenge the evaluation by appealing the professional evaluation to
the hearing examiner pursuant to JCC 8.50.260.
(c) Certification.
(a) Every application for an operating permit for a new commercial shooting facility shall be
accompanied by a notarized certification by the operator that specifies the commercial
shooting facility:
i. Complies with this article;
ii. Meets commonly accepted shooting facility safety and designoperations practices;
and,
iii. Shall be operated in a manner that protects the safety of all persons present at the
commercial shooting facility and persons on neighboring properties.
(b) Every application for an operating permit for an established commercial shooting facility
shall be accompanied by a notarized certification by the operator that specifies the
following:
i. The operator will abide by the improvement plan agreed upon as a condition of the
issuance of the operating permit;
ii. Areas of non-compliance at the commercial shooting facility will not increase over
time;
iii. That as much as possible the facility meets commonly accepted shooting facility
safety and designoperations practices; and,
iv. That the facility shall be operated in a manner that protects the safety of all persons
present at the commercial shooting facility and persons on neighboring properties.
(9) Notice and Comment.
(a) The director shall issue a notice of application for on all commercial shooting facilities.
(b) The notice of application shall include the following:
i. The name and address of the applicant or the applicant's representative;
ii. The date of application,the date of the notice of completion for the application, and
the date of the notice of application;
iii. The street address location of the project or, if unavailable, a description of the
subject property reasonably sufficient to inform the public of its location, which may
include a vicinity location(map),the location in reference to roadway intersections,
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or a written description(rural route box or subdivision lot and block alone are not
sufficient);
iv. The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application,to the extent known by the county;
v. The name and phone number of the person at the department evaluating the
application;
vi. A statement of the limits of the public comment period, which shall be 30 calendar
days following the date of the notice of application;
vii. Statements of the right of any person to comment on the application, receive notice of
and participate in any hearings, request a copy of the decision once made, and any
appeal rights;
viii. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed commercial shooting facility's consistency with
this article;
ix. The date,time, place of hearing, if applicable, and if scheduled prior to the date of the
notice of application;
x. A statement of when and where a copy of the application, all supporting
documentation and evidence relied upon by the applicant,and-applicable
may be available for public inspection;
xi. . _ _ _.. ' ._ . .' . . _ .-- •-• • •
_. . . .. . . -. . - ; and,
xii. Any other information the administrator determines appropriate.
(c) The director shall issue the notice within 14 calendar days of receipt of an application for
a commercial shooting facility.
(d) The notice of application shall be sent by mail to the applicant and to all property owners
identified in JCC 8.50.240(1)(h).
(e) The notice of application shall also be published in the official county newspaper at least
once. Published notice shall include the proposed commercial shooting facility's road or
street address or location, type(s)of permit(s)all applied for concerning the commercial
shooting facility, comment period dates, and location where the complete application and
notice of application may be reviewed.
(f) The department shall be responsible for preparation of the list of all property owners
identified in JCC 8.50.240(1)(h); provided, that the director retains the authority to
require the applicant to supply and certify the list of all property owners identified in JCC
8.50.240(1)(h) in circumstances where the information is not readily available to the
county. The department shall obtain addresses for mailed notice from the county's
geographic information system (GIS)or real property tax records. The director shall
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make a notation in the file affirming mailing of notice to all persons entitled to notice
under this article.
(g) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first.
(h) Failure to send notice by mail shall not invalidate such proceedings where the owner
appears at the hearing or receives actual notice.
(i) As optional methods of providing public notice of any operating permits,the county may:
i. Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
ii. Notify the news media;
iii. Place notices in appropriate regional or neighborhood newspapers or trade journals;
iv. Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
v. Mail to neighboring property owners; or,
vi. Place notices on the Internet.
(j) The county's failure to provide the optional notice as described above shall not be
grounds for invalidation of any operating permit decision.
(k) The comment period shall be 30 calendar days from the date of the published notice of
application.
(I) Comments may be mailed, personally delivered or sent by facsimile.
(m) Comments shall be as specific as possible.
(n) The director will receive public comments during regular business hours any time up to
and during the open record hearing, if any, or if there is no en
record hearing, prior to the decision on the operating permit.
(o) The county may not issue a decision or recommendation on the operating permit until the
expiration of the public comment period on the notice of application.
(p) The applicant shall reimburse the county for the actual costs incurred for providing
notice. No operating permit shall be issued until reimbursement to the county is made.
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\PPE:NI)IX ? P1..ANNIM �Oyl\IISS ) ' �,
t c � i� N RI �), t\II.NDin 1111.1: 8 ()rzl)iNnNcI )
8.50.250 Minimum Standards.
(1) Required Security. Commercial shooting facilities shall provide ty.meas..resbe operated
to deter unauthorized entry to any shooting range, such as barriers, berms, cameras, gates,
(2) Containment. Commercial shooting facilities shall be designed and operated so that when
firearms are operating in accordance with the rules and regulations(as defined above),thereby
minimizing threatened harm . - • - . - -. _ . • .. . • -
(3) Critical Areas.Operations Cannot Create a Nuisance. The operation of commercial shooting
facilities shall not create a public nuisance. - _•. - _ •- •. . _
8.50.260 Administrative Remedy for Decisions Made by the Director.
When a decision is made by the director pursuant to the provisions of this article, an applicant or
any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures
in Chapter 2.30 JCC (Hearing Examiner Code)by providing written notice of appeal to the
director within 14 calendar days of the decision. The fee for such appeal shall be as set forth in
the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the
notice of appeal.
8.50.270 Judicial Appeals.
(1)Time to File Judicial Appeal. Within 21 calendar days of the date the decision or action
becomes final, the applicant or any aggrieved party may appeal the final decision of the
director or the hearing examiner to a court of competent jurisdiction in a manner consistent
with state law.
(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to
filing a judicial appeal.
(3) Service of Appeal.Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor(see RCW 4.28.080), and all persons
identified in JCC 8.50.240(1)(h), within the applicable time period. This requirement is
jurisdictional.
(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of
transcribing and preparing all records ordered certified by a court or desired by the person
who filed the notice of appeal. Prior to the preparation of any records, the person who filed
the notice of appeal shall post with the county auditor an advance fee deposit in an amount
specified by the county auditor.Any overage will be promptly returned.
8.50.280 Safe Harbor for Owners and Operators.
Full compliance with an operating permit creates a rebuttable presumption that the commercial
shooting facility is not being operated as a nuisance. For the avoidance of doubt,*The burden of
proving full compliance is on the owner or operator.
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1PPl:NDIX 2 (PLANNING COMMISSION RLCOMM[NDI:D 1 11111 8 ()MAN \\CI )
8.50.290 Reports of Violations of this Article.
(1)Creation of a Form. The director, in consultation with the sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or
operator of the commercial shooting facility as soon as possible, but no later than two
business days from the receipt of the report of violation.
(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at
least two years following receipt of a report of violation.
(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation
shall be addressed by the department and the owner or operator of a commercial shooting
facility.
(5) Response to Reports of Violation.
(a) Name of Informant. All reports of violation shall be encouraged to include the name of
an informant with current contact information for use in the investigation.
(b) Expedited Response. The sheriff shall respond to reports of life safety incidents or
threatened harm that violate this article as soon as practical, considering the nature of the
report of violation and the other operational demands on the sheriff at the time the report
of violation is received.
(c) Routine Response. Other reports of violation shall be evaluated by the department for
investigation. In consultation with the sheriff, the department shall develop a procedure
for addressing other reports of violation.
(d) Noise Only Response. When the report of violation is limited to a claim of noise
nuisance,the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC
(Noise Control).
8.50.300 Review Committee.
The county board of commissioners may require the director to establish a review committee to
evaluate proposed revisions to this article. The review committee shall consist of: (a)the
director of the department of community development or the director's designee (chair); (b)
Jefferson County Sheriff or the Sheriffs designee; (c)Jefferson County Director of
Environmental Health or the director's designee; (c) a representative of each current commercial
shooting facility in unincorporated Jefferson County; (d) a resident or property owner from each
of the three districts of Jefferson County; (e)one representative of tribal interests, if interested;
ai-(f)one at large Jefferson County resident or property owner appointed by the county board
of commissioners; and (g)one member of the Jefferson County Planning Commission. The
Jefferson County Prosecuting Attorney(or designee) shall be an ex officio member ofadvisor to
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the review committee but shall not be required to attend every meeting of the review committee.
All Review Committee meetings shall be subject to the requirements of the Open Public
Meetings Act, Chapter 42.30 RCW.
8.50.310 Limitations on the Applicability of this Article.
(1) This article does not place physical controls on development of land, does not control land use
activities, and does not modify any applicable conditional use approval criteria under Title 18
JCC.
(2) Nothing in this article shall be construed as establishing zoning, subdivision control, platting
or adoption of detailed maps to control the physical development of Jefferson County.
(3) The mention of members of armed forces in this article is neither a statement of authorization
or prohibition by the county of training by units of the armed forces at any commercial shooting
facility. Any disclosure requirements in this article related to members of the armed forces or
law enforcement officers only requires information to be provided to regulate the operations
at a commercial shooting facility under this article. The mention of members of the armed
forces in this article does not change any provision in Title 18 JCC, including but not limited
to uses authorized or conditional use approval criteria.
(4) This article requires BMPs for compliance with existing substantive environmental standards.
However, this article does not create any substantive land use environmental standards,
including but not limited to standards for critical areas, shoreline management, or storage of
any hazardous substance or hazardous waste.
(5) This article does not vest or provide non-conforming status under any provision of the JCC.
An operating permit issued under this article does not alter the legal nonconforming use status
and rights of established commercial shooting facilities, which are governed by Title 18
JCC and the common law, nor shall the operating permit authorize expansion of commercial
shooting facility uses that otherwise require approval pursuant to a conditional use permit or
other land use permits per Title 18 JCC.
(6) Nothing in article shall be construed as:
(a) Authorizing an application or a permit for an outdoor commercial shooting facility to be
located in whole or in part in an area designated as an area where the discharge of firearms
is prohibited under Chapter 8.50 JCC. Shooting range:,Outdoor shooting facilities in such
areas are expressly prohibited.
(b) Permitting the discharge of firearms, the ownership or possession of which is otherwise
prohibited by law.
(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
(d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal
law.
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(e) Allowing or authorizing the discharge of tracer or incendiary ammunition.
(0 Allowing or authorizing the discharge of a destructive device as that term is defined in 25
U.S.C. Section 5845(f) or any explosive as that term is defined in RCW 70.74.010(5).
(g) Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C.
Section 5845(b) or RCW 9.41.010(17), unless specifically authorized under RCW
9.41.190(3).
(h) Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun
as those terms are defined in RCW 9.41.010, unless specifically authorized under RCW
9.41.190(3).
(i) Permitting a commercial shooting facility to maintain or create a public nuisance as defined
in Chapter 7.48 RCW,JCC 5.10.050,JCC 8.20.140,JCC 8.30.020,JCC 8.55.070, Chapter
8.70 JCC, Chapter 8.90 JCC, JCC 15.05.100, or Title 18 JCC.
(j) Abridging or altering the rights of action by the state, by the county or by persons, which
exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
(k) Limiting a court of competent jurisdiction from:
i. Ruling that a commercial shooting facility is a public nuisance; or,
ii. Requiring additional noise,environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(I) Nullifying or rendering void the terms of any existing or future injunctive order issued by
a court of competent jurisdiction pertaining to operations or activities at a shooting range
or commercial shooting facility.
8.50.320 Warning and Disclaimer of Liability.
The degree of protection required by this article for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This article does not imply that
commercial shooting facilities will be free from risk of bodily injury or property damage, even if
operated consistently with an operating permit. This article does not create liability on the part of
the county or any officer or employee of the county for any bodily injury or property damage that
results from reliance on this article,or any administrative decision made lawfully under this article,
including but not limited to the decision to approve the application for an operating permit. By
regulating commercial shooting facilities, the county is attempting to address obvious safety and
environmental issues at commercial shooting facilities. Neither this article nor an operating permit
issued pursuant to this article may be relied upon as a determination that operation of a commercial
shooting facility consistent with an operating permit renders the commercial shooting facility free
from the risk of bodily injury or property damage.
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11)11 N1)1\ 3 (PLANNING COMMISSION RI ('0\1\1I NUl:I) 1 111 1. 18 ORl)IN;1\CI 1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Repealing and Replacing }
Ordinance 15-1214-18 and Amending Title } ORDINANCE NO.
18 Jefferson County Code related to }
Commercial Shooting Facilities }
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:"and,
WHEREAS, Article I, Section 2 of the Washington State Constitution states, "The
Constitution of the United States is the supreme law of the land;"and,
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; and,
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; and,
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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;"and,
WHEREAS,this Ordinance protects the rights of citizens under Washington Constitution
Article I, Section 24 and the Second Amendment to the United States Constitution; and,
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;and,
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, widely disseminated information exists about uncontrolled incidents at
shooting ranges outside of Jefferson County 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,
WHEREAS, at outdoor commercial shooting facilities and their surrounding areas, there
is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and,
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AI'1'1:NI)IX 3 (Ii INNING ( ()\I\1ISSI0N RI L0\1\111\1)11) 11111 18 OR1)IN:1N( 1:)
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 •• •- -
emergency services are scarce and adopting a commercial shooting
ordinance which allows only indoor commercial shooting ranges 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,target shooting on both national forest lands and state-owned lands
(Department of Natural Resources lands) is permitted unless a specific area has been closed for
public safety; and,
WHEREAS,twentypercent of the land-base in Jefferson Countyfalls under
management where dispersed target shooting can be carried out by anyone who has legal
possession of a firearm; and,
WHEREAS,such dispersed, sporadic sport-oriented target shooting is less impactful,
from both a noise impact and a human health impact,than the concentrated impacts posed by
outdoor commercial shooting facilities; and,
WHEREAS,the BoCC finds it is in the public interest to provide for indoor commercial
shooting facilities in Jefferson County in the face of increasing population pressure and the limited
space where people can live . • - • - - -• ' - . -- _- . - . - ' = .. .- _. • . ; and,
WHEREAS,the Jefferson County Comprehensive Plan Vision Statement approved in
2018 states that"Jefferson County honors and respects the natural world as integral to our health
and lifestyles. The County protects open spaces, shorelines, forests, clean air and clean water,
wildlife and wildlife habitat so that future generations may also practice stewardship of the land,
the seas, and the communities of Jefferson County"; and,
WHEREAS,Jefferson County's Comprehensive Plan states that development should
ensure that the County's quality of life is preserved as it is enhanced; and.,
WHEREAS,the Jefferson County Comprehensive Plan states that the County's
agricultural and forest working lands should be protected and conserved; and,
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APPI NIA\ 3 (P1LANNIN(JCOMMISSION RI:( Oy1MI N1)1:1) I I II.I: 18 ORI)I\ \NCI )
WHEREAS,the Jefferson County Comprehensive Plan states that the County should
conserve the environment, ecologically sensitive areas,natural surface water and recharge areas,
and preclude development and land uses that are incompatible with critical areas; and,
WHEREAS,the Jefferson County Comprehensive Plan states that the purpose of the
rural forest district is to ensure forest lands of long-term significance are protected from
incompatible uses thereby sustaining the ability of forest resource extraction activities to be
maintained as a viable commercial activity, while allowing for diversity in the size of forest
tracts; and,
WHEREAS,lead and other heavy metals at shooting ranges are distributed through
spent ammunition, propellants, "lead rain", shattered bullets, and errant rounds; and.,
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils, ground
and surface waters, and persist in the environment, bioaccumulating up the food chain; and,
WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and
animals alike; and,
WHEREAS,noise pollution above certain levels, particularly persistent, repetitive,
percussive noise pollution associated with shooting ranges, is deleterious to humans and animals
alike; and,
WHEREAS,technology exists to control such noise pollution at indoor shooting
facilities but not at outdoor shooting ranges, where there are no known methods to completely
control or eliminate noise leaving outdoor shooting ranges that can reach and negatively impact
humans, domestic and wild animals, and where such impacts cannot be fully mitigated; and,
WHEREAS, state of the art HVAC keep air clean for clients and workers; and,
WHEREAS,bullet traps at indoor shooting ranges now provide total containment for
spent ammunition and contaminants which can be reclaimed and recycled, protecting the
County's human health and natural resources; 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
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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 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 that 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 amended to allow indoor shooting
ranges as a discretionary commercial use in all commercial, industrial and general crossroads
zones, subject to review under the State Environmental Policy Act. Title 18 JCC shall further be
amended to state that outdoor shooting ranges, except for those with that qualify for as a legal
nonconforming use under JCC 18.20.260, shall not be allowed in Jefferson County in order to
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protect the rural lifestyle, peace, health and safety of Jefferson County residents as well and to
avoid impacts to both wild and domestic animals. 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.
Section 4. Establishment of a Fee. The department shall charge a fee base fee of$450 plus actual
costs incurred(including consultant work)for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
Section 5. 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 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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\1)1)1 N1)1\ > (1)1 TANNING ('ONIMISSION RI:( ()tiMI:Al)l I) 111 1 1. 18 ORI)IN,1N('1)
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
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APPENDIN 3 (PI \\NINA COMMISSION RF.CO1\ly1l.NDI:I) 1 1111 18 ORDI\.\N( I:)
APPENDIX A
ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.020 B definitions.
"Backstop"means a barrier that stops or redirects bullets fired on a shooting range,usually directly
behind the target line.
"Baffles" means barriers constructed to contain bullets or to reduce, redirect or suppress sound
waves.
"Berm" means an embankment used for restricting bullets to a given area, as a protective or
dividing wall between shooting areas, or for noise abatement.
"Bullet"means a single projectile fired from a firearm.
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
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; and,
(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. Por-the-avoidanee-efdeubtrwheFe
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\l'P'ENDIX 3 (PI \NNIN(' ( O:YINIISSION RI:( 01\1\11 N11)1 I) 1 1 1 1 1: 18 ORl)INnN('I:)
18.10.060 F definitions.
"Firearm"means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of"firearm" includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term "firearm" shall not include: (a)devices, including but
not limited to"nail guns,"which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b)a"destructive device"as defined in 18
U.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.
18.10.080 H definitions.
"Hazardous waste" means those solid wastes designated by 40 CFR Part 261 and regulated as
hazardous or mixed waste by the United States EPA.
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,
including lawful incidental sales of firearms, ammunition, component parts and accessories.
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.
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"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" • . • . • • • . . •- . !. ! • means the 2012
version of the NRA Range Source Book published by the National Rifle Association.
18.10.150 0 definitions.
Outdoor Shooting Range. (See"Shooting range.")
"Outdoor shooting facility"means a commercial shooting facility that is not an indoor shooting
facility.
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.
18.10.170 Q definitions.
"Qualified Shooting Range Evaluator"means a person who has been an NRA range technical
team advisor or who is a professional engineer with expertise in the design of shooting ranges.
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.
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1P1)1:Nl)IX 3 (PI ,ANiAING COMMISSION RI.( ()N1\11 ND! I) 111 1 118 ORi)I\:ANC'I:)
"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.
"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.
8.10.200 T definitions.
"Target"means a mark to shoot at.
"Target line"means the line where targets are placed.
"Tourist uses"means used by persons traveling for pleasure or culture.
8.10.210 U definitions.
"U.S.C."means the United States Code, as it now exists or is later amended.
18.15.040 Categories of land use.
Land uses regulated under this code are divided into four categories, as identified in Table 3-1.
(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
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AI'Nt:NDI\ 3 (Pt \NNIN(' ( OM!\118%ION RI:('Oy1y1I:NDI:D I I I I1: 18 ORDIN:AN('I:)
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);
(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.
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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.
18.15.045 Unnamed uses.
.. • . •
,_ •
• . • .
(1) When Tables 3-1 and 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 Tables 3-1 and 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 Tables 3.1
and 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 Tables 3-1 and 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.
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
13 of 25
NDI\ 3 (PI INNING (O\IMIS�ION RICOM\1l:NDLD I I LLL 18 ORl)INAy('l:)
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;
(g) Furniture repair or refinishing;
(h)Pottery shop;
(i) Real estate sales office;
(j) Small equipment repair;
(k) Woodworking shop;
(1) 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:
14 of 25
�1PP1:NI)IX 3 (PILANNING COMMISSION RI:( OMy11:NDI.I) I I I LI: 18 OR1)IN:\NCI:)
(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 that are associated with shooting firearms.
The following occupations are prohibited as cottage industries:
(56)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 Chapterl 8.15 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.
15 of 25
�PPI:NDIX 3 (P1 \NNIN(I COMMISSION RFCO\1N11;ND! D I I I I.l: IS ORM)IN,AN('1:)
(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.
16 of 25
\N I;NI)I\ 3 (I'I.,ANNIN(ICOMMISSION RI.00\1ti11:NI)I:I) 11111 18 OR1)IN;AN( 1:)
(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.
(67)Auto repair and service proposals are subject to the following additional requirements:
(a)The proposal h l1 submit a detailed operating plan in compliance with the latest edition 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.
17 of 25
APPI:NI)I\ 3 (P1LANNING ( O\1y11 10N RL( 0\1i\1I N1)1:1) 1 11 1 1: 18 0Rl)IN;ANC1:)
(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.
(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.
18 of 25
:11'l'I:NI)IN 3 (PI :INNING COMMISSION RI:CO\11\11:NUI:1) 1111 1 18 OR[)IN;ANC'I:)
(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.
19 of 25
APPI \1)1:\ 3 (PIa\NNING ( O1\1MISSION RlIC0y11\11INIA:1) 1111 1 18 OR1)IN,ANC1:)
(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.
JCC 18.20.135 Commercial Shooting Facilities
(1) Regulation of the Siting and Development of Commercial Shooting Facilities. 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 only be an indoor shooting facility. No
outdoor Commercial Shooting facilities shall be allowed, • - -
• • . • -. -• . .- . • _ •. - • -xcept for those with that
qualify as a legal nonconforming use under JCC 18.20.260.
(2) Facilities Plan. An application for a permit for a discretionary use for all commercial
shooting 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;
20 of 25
\PPENI)IN 3 (PIINNING COti11\1ISSION RI:( O\1ti11:A1)I:1) 11111: 18 ORDI\:ANCI:)
(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) Dimensional drawings of physical layout for each of the items listed in this subsection,
drawn at an engineering scale appropriate for the drawings; and,
(h) Horizontal drawings of the baffles and containment structures, and a description of the
materials to be used for them.
(3) Consistency with the NRA Source Book Standards. All commercial shooting facilities shall
be designed to be consistent with the NRA Source Book standards for shooting range design.
(4) Minimum Standards. 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 18.10.1801
(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.
21 of 25
;APPI Nl)IX 3 (Pl \NNING COMMISSION RI:C OMMIINI)l:l) HI.1 18 ORI)IN:ANCI.)
(5) Professional Evaluation.
(a) An application for a discretionary use for a commercial shooting facility shall include a
professional evaluation as required in this subsection.
(b) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(c) If requested,the applicant shall allow for an inspection of the site of commercial shooting
facility by the qualified shooting range evaluator.
(d) The Professional Evaluation shall contain an evaluation of the operating permit
application that shall be performed by a qualified shooting range evaluator(as defined
above)and shall provide a written evaluation of the level of safety of the proposed in the
at the commercial shooting facility, including:
i. An evaluation of how the commercial shooting facility meets the minimum
standards in JCC 18.20.135(4);
ii. An evaluation of all proposed uses to ensure consistency with the NRA Range
Source Book for facility designs and institutional controls;
iii. An evaluation of whether the commercial shooting facility's uses and institutional
controls described in the application minimize threatened harm;
iv. An evaluation of how the commercial shooting facility's uses and institutional
controls described in the application protect critical areas and shorelines.
v. The signature of the qualified shooting range evaluator;
vi. The evaluation shall certify a certification that the operating permit application
satisfies all the requirements of this article.
(e) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates,
less the application fee) of the evaluation.
(6) Protection of Critical Areas and Shorelines. All commercial shooting facilities shall comply
with every applicable provision of the JCC related to protection of critical areas and
22 of 25
VPI ,NI)IX ; (II \ NING ('OMN1ISSION RI.('OV1\11NI)I:I) I I I I.[: IS OR1)I\.AV I1)
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.)
ander
(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 that 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 Tables 3.1 and 3A-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;
(0 Cultural festivals;
(g) Miniature golf, not to exceed a gross use area of one acre;
23 of 25
ND1X 3 (1'l..ANNING C`ON11\lI lON RI;( 011\11:AI)I:D Il H I. IS ()Rl)l\.A\CI:)
(h)Model hobby parks and sites on parcels 10 acres or larger in size;
(i)Outdoor recreational equipment rental and/or guide services;
(j)Outdoor sheep archery ranges; e . - .- _- - _ _'. -- •• • . _• • _ ,
(k)Private hunting or fishing camps;
(1)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.
24 of 25
11)P11NDIX 3 (PI :INNING COMMISSION RI:( OMMI.NI I D 0 1 1 11 18 ORDIN.ANC I1)
CHANGES TO THE USE TABLE:
es
Rifest— Other-Zones--Where
Agfieulteral C,..„„.,Feral
!
—Prime-and Rand Allowed
!meal and
AG C>c
Use (CC), Cenoral ID
Crossroad U/Q Acr(GOes (R 1•Cl
f
fHT)f f
Light DU110-Aeres-(11R
InflustfiaMeninieFeial 4÷140TRufal
7
hight-industrial Residential-1-DU/20f1.1)Thight Ayr-es-OM-144N
(4411V1f
errOWth-AreiqUerMf
NeighbetheecIALisiter
Crossroads /INCL rks
fP f
Preserves and Recreation
(PRR)
indoor Ne NeG G Ne
commercial —
sho
Outdoor Ne G No No
commercial
faeilitranges
SEE REVISED TABLE-SEPARATE DOCUMENT
25 of 25
Final Land Use Tables
CHANGES TO THE USE TABLE:
Table 3-1.Allowable and Prohibited Uses
Resource Lands Rural Rural Commercial Rural Industrial Rural Public UGA
Residential Industrial
Specific AG Agricultural RR Rural RC Rural Commercial I Rural Industrial—HI RBI(Resource- P Public— UGA
Land Use Resource Lands Residential— —GC(General (Heavy Industrial),LI/M Based Industrial) PPR(Parks, Urban
—AP-20(Prime RR:20(Rural Crossroads),NC (Light Preserves and Growth
Agricultural Residential 1 (Neighborhood/Visitor Industrial/Manufacturing), Recreation) Area.See
Lands)and AL- DU/20 Acres), Crossroads),CC LI(Light Industrial— Chapter
20(Agricultural RR1:10(Rural (Convenience Glen Cove),LI/C(Light 18.18 JCC
Land of Local Residential 1 Crossroads),and RVC Industrial/Commercial
Importance) DU/10 Acres), (Rural Village Center) (Glen Cove),RBI
and RR 1:5 (Resesrce-Based
Forest Resource (Rural Industrial)
Lands—CF-80 Residential 1
(Commercial DU/5 Acres)
Forest),RF-40
(Rural Forest),
and IF(Inholding
Forest)
Indoor No No D D No No See
commercial Chapter
shooting 18.18 JCC
facility
Outdoor No No No No No No See
commercial Chapter
shooting 18.18 JCC
facility
manges
*Outdoor commercial shooting facility shall be a prohibited use in all zoning districts,including small-scale tourist and recreation
uses.
Final Land I J e I able'
Table 3A-1.Allowable and Prohibited Uses
.........................................................................................................................................................................................................................................................................................................................................................................................................................................
Urban Urban Urban Industrial Public
Residential Commercial
Specific Land Use Urban low density Urban Urban Light Industrial Public(P)
residential Commercial(UC) (ULI)
(ULDR),Urban and Visitor-
moderate density oriented
residential commercial
(UMDR),and (VOC)
Urban high
density residential
(UHDR)
Indoor No D D No
sem
shooting facility
Outdoor No No No No
'err mereial
shooting facility
ranges
*Outdoor commercial shooting facility shall be a prohibited use in all UGA zoning districts.
11. Give brief, complete description of your proposal, including the proposed uses and the size
of the project and site. There are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to repeat those answers on
this page. (Lead agencies may modify this form to include additional specific information
on project description.)fhelpl
RESPONSE:
a. Not a Project Proposal: There is no"project" or"site"for this proposal.
b. Description of Legislation: The legislation is a comprehensive set of health and safety regulations
(Title 8 Ordinance) and development regulations (Title 18 Ordinance)that are designed to uniformly
regulate indoor and outdoor commercial shooting facilities (CSFs) within unincorporated Jefferson
County. The Title 8 Ordinance requires an operating permit for existing and new CSFs. The Title 18
Ordinance contains development regulations relating to zoning, siting, compatibility, shoreline, and
critical area impacts for CSFs that do not qualify as a legal nonconforming use under JCC 18.20.260.
Overview of Title 8 Ordinance:
i. Not a development regulation under Chapter 36.70A RCW(Growth Management Act);
ii. Regulates the operation, but not siting or development, of existing and future CSFs;
iii. Requires an operating permit with an operational environmental health and safety plan with
components for operations and safety for all existing and new CSFs;
iv. Requires compliance with environmental Best Management Practices (BMPs)for operation
of CSFs;
v. Requires consistency with the 2012 National Rifle Association Range Source Book (NRA
Range Source Book) for minimizing noise, increasing safety, and increasing environmental
protection during operations of a CSF;
vi. Operating permit to be reviewed by a qualified shooting range evaluator and approved by
the Jefferson County Environmental Health Division of the Department of Public Health; and,
vii. Provides for administrative review of permit decisions under Jefferson County's Hearing
Examiner Code and Rules of Procedure.
Overview of the Title 18 Ordinance
i. Development regulation under Chapter 36.70A RCW(Growth Management Act);
ii. Regulates siting and development of CSFs that do not qualify for a legal, non-conforming
use under the JCC 18.20.260.
iii. Fixes use loopholes in cottage industry and home business sections clarifying that CSFs
cannot be a cottage industry or home business;
iv. Closes definitional loopholes for Small-Scale Recreation or Tourist Uses standards;
v. Closes an unnamed use loophole by indicating that the text of Table 3-1 and 3A-1 control
and naming shooting facilities as a named use;
vi. Requires for forest resource lands:
A. A Conditional Use Permit (CUP) consistent with Jefferson County's 12 conditional use
approval criteria;
B. Review by a qualified shooting range evaluator; and,
C. Approval of the CUP by the Jefferson County Department of Community Development;
vii. Adds performance and use standards for the siting and development of CSFs:
A. Requires a facility plan;
B. Requires consistency with the NRA Range Source Book for minimizing noise, increasing
safety, and increasing environmental protection;
C. Requires compliance with environmental operational Best Management Practices
(BMPs); and,
Jefferson County's Responses to SEPA January 6,2020 Page 3 of 95
Environmental checklist(WAC 197-11-960)
D. Establishes minimum standards for required security, containment, professional
evaluation, and protection of critical areas and shorelines.
viii. Provides for administrative review of permit decisions under Jefferson County's Hearing
Examiner Code and Rules of Procedure; and,
ix. Five legislation alternatives are under consideration for Title 18 in this proposal. The five
legislation alternatives are compared to a "no action" alternative below:
A. No action alternative: Under the no-action alternative, the Jefferson County Code in
existence before November 2018 will remain in effect.The pre-November 2018 Jefferson
County Code will be much less protective of human health, safety and the environment
than any of the five legislation alternatives because:
(1) There was no uniform, comprehensive regulatory scheme for CSFs.
(2) "Outdoor shooting ranges"could be permitted with a conditional use permit(CUP)
in forest resource lands as "Small-Scale Recreation or Tourist Uses," previously
defined as"'Small-scale recreation or tourist uses'meaning 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 See RCW (5)(d)(ii)." JCC 18.20.350
(emphasis added). "Small-scale"was defined as "of a size or intensity which has
minimal impacts on the surrounding area and which makes minimal demands on
the existing infrastructure." JCC 18.20.350 (emphasis added).
(3) It would have been difficult, if not impossible,to enforce JCC 18.20.350(8)related
to shooting facilities because of missing terms related to the definitions of"small
scale" and "small-scale recreation or tourist uses:"
(a) "Small-scale" used the terms "isolated uses," "leisure," and "recreational,"
none of which was defined. See respectively JCC Sections 18.10.090,
18.10.120, and 18.10.180.
(b) Small-scale recreation or tourist uses" used the terms "minimal impacts" and
"minimal demands," neither of which was defined. See JCC Section
18.10.130.
(4) JCC 18.20.350(8) contained the only regulations related to "outdoor shooting
ranges." But it would have been difficult, if not impossible, to enforce JCC
18.20.350(8) related to shooting facilities because of missing terms or vague
terms:
(a) "Outdoor shooting ranges" was defined to mean "shooting ranges." JCC
Section 18.10.150. "Shooting range" was defined as "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." See JCC 18.10.190 (emphasis added).
(b) There was no definition of"firearms" (See JCC 18.10.060), even though that
term is used in the definition of"shooting range" in JCC 18.10.190.
(c) There was no definition of "safe shooting practice" (See JCC 18.10.060),
even though that term is used in the definition of "shooting range" in JCC
18.10.190.
(d) There was no definition of"group firing positions" (See JCC 18.10.070), even
though that term is used in the definition of "shooting range" in JCC
18.10.190.
(e) There was no definition of "specific weaponry" (See JCC 18.10.190), even
though that term is used in the definition of "shooting range" in JCC
18.10.190.
(5) JCC 18.20.350(8)(a) required that shooting ranges be "located, designed,
constructed and operated to prevent the likelihood of discharge of ammunition
beyond the boundaries of the parcel where they occur." (Emphasis added). But
Jefferson County's Responses to SEPA January 6,2020 Page 4 of 95
Environmental checklist(WAC 197-11-960)
"ammunition" was nowhere defined. See JCC 18.10.010. And, firearms shoot
bullets or projectiles, not ammunition.
(6) There was reliance on existing laws that:
(a) Require compliance with critical area, shoreline and wetlands buffers;
(b) Limit nuisance noise;
(c) Limit reckless shooting of firearms (RCW 9.36.050 and RCW 9.41.230);
(d) Limit the discharge of a machine gun as that term is defined in 26 U.S.C.
Section 5845(b) or RCW 9.41.010(17);
(e) Limit the discharge of a short-barreled rifle or a short-barreled shotgun as
those terms are defined in RCW 9.41.010; and,
(f) Prohibit discharge of a destructive device as that term is defined in 25 U.S.C.
Section 5845(f) and any explosive as that term is defined in RCW
70.74.010(5).
(7) Compliance with all 12 conditional use approval criteria listed below:
(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;
(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 title and any other applicable provisions of the
Jefferson County Code or state 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
(I)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
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application shall be denied.
JCC 18.40.530 (Exhibit 1) (emphasis added).
(8) If a shooting facility was larger than the vaguely defined Small-Scale Recreation
or Tourist Uses, it could have been classified as an "unnamed use,"which have
been allowed in any zone compliance with the discretionary use criteria listed
below:
(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);
(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.
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JCC 18.15.045 (Exhibit 2).
(9) Shooting ranges could have been permitted as part of a cottage industry in all
zones, except resource-based industrial, heavy industrial, and parks, preserves
and recreation zones, pursuant to JCC 18.20.170 (Exhibit 3) and Table 3-1
(Exhibit 4).
(10) Shooting ranges could have been permitted as part of a home business in all
zones, except resource-based industrial, heavy industrial, and parks, preserves
and recreation zones, pursuant to 18.20.200 and Table 3-1 (Exhibit 4).
(11)Shooting ranges could have been permitted on Forest Resource Lands',
provided there was compliance with the forest resource districts protections, as
follows:
(1) Residential Density. There shall be no subdivision of land
designated commercial forest or rural forest for residential purposes.
However, nothing in this code shall be construed to prevent the owner
of designated commercial or rural forest land from living on his/her
land; provided, that applicable building requirements are met.
(2) Subdivisions and Use Limitations. Subdivision of commercial and
rural forest lands for construction or installation of nonresidential
purposes, as allowed in Table 3-1 in JCC 18.15.040, shall be at least
80 acres in size within the commercial forest designation and 40 acres
in size within the rural forest designation and must meet the following
criteria:
(a)The facility cannot otherwise be suitably located on undesignated
land;
(b) The installation cannot otherwise be accomplished without
subdivision;
(c) The facility is to be located on the lowest feasible grade of forest
land; and
(d) The facility removes as little land as possible from timber
production.
(3)Setback Requirements for Adjacent Development. New structures
proposed to be located on parcels adjacent to designated forest lands
shall:
1 Per Jefferson County Code 18.15.020, "Forest Resource Lands(FOR)"are:
"(a)Commercial Forest(CF-80).The purpose of the commercial forest district is to ensure large tracts of forest lands
of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource
extraction activities to be maintained as a viable commercial activity.
(b) Rural Forest(RF-40).The purpose of the rural forest district is to ensure forest lands of long-term significance are
protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be maintained
as a viable commercial activity,while allowing for diversity in the size of forest tracts.
(c) Inholding Forest(IF).This district encompasses parcels at least 20 acres in size that are entirely surrounded by
designated forest resource lands and that are not vested for development under Washington State law."
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(a) Establish and maintain a minimum 250-foot building setback
adjacent to commercial forest lands and 100 feet adjacent to the rural
forest lands designation, which shall serve as a resource protection
area, as measured from the property boundaries of adjacent forest
lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing
legal lot do not allow a setback of 250 feet adjacent to commercial
forest lands and 100 feet adjacent to the rural forest lands
designation, then the new structure shall maintain the maximum
setback possible; or
(ii) If the owner of the land on which the new structure is proposed
and the owner of the adjacent forest land each sign and file for record,
in the manner required by law for covenants running with the land, a
document which establishes an alternative setback for one or both of
the properties, a setback of less than 250 feet adjacent to commercial
forest lands and 100 feet adjacent to rural forest lands may be
maintained;
(b) Provide adequate access for fire vehicles; and
(c) If the proposed structure is located within 250 feet of the boundary
of commercial forest lands or within 100 feet of rural forest lands, in
the area where the setback is to be applied, the property owner shall
survey the property boundaries that abut forest land in the area where
the setback is to be applied, locate the property boundaries on the
ground, and submit a record of survey, or other means deemed
acceptable to the administrator, with a building permit application.
(4) Setback Requirements on Designated Forest Lands. Builders of
new structures proposed to be located on parcels designated
commercial, rural, or inholding forest shall:
(a) Establish and maintain a minimum 250-foot setback, which shall
be a resource protection area, from the property boundaries of
adjacent commercial and rural forest lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing
legal lot do not allow a setback of 250 feet, the new structure shall
maintain the maximum setback possible.
(5) Establishment of Resource Protection Areas. Subdivisions, short
subdivisions and rural cluster subdivisions of parcels adjacent to
forest land shall establish a resource protection area of a minimum
250-foot width along commercial forest land boundaries and 100-foot
width along rural forest and inholding forest land boundaries.
JCC 18.15.150 (Exhibit 3).
(12) No generally accepted environmental best management practices (BMPs) for
operation of shooting ranges were required.
(13) No generally accepted environmental best management practices (BMPs) for
siting and development of shooting ranges were required.
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(14) No express minimum standards for operation of a CSF were required.
(15) No express minimum standards for siting and design of a CSF were required.
(16) No liability insurance requirements for operation of a CSF were required.
(17) No facilities design plan was required.
(18) No safety plan was required.
(19) No operations plan was required.
(20) No environmental plan was required.
(21) No noise abatement plan was required.
(22) No initial inspection was required.
(23) No annual inspection was required.
(24) No professional review of a permit application by a qualified shooting range
evaluator was required.
(25) No compliance certification under oath by the owner or operator was required.
(26)There were no specified consequences for non-compliance with an issued
permit, including no authority to suspend or cancel a permit.
B. Alternative 1:
(1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(2) Allows indoor CSFs with a CUP only in rural/urban growth area (UGA)
commercial and industrial zoning (excluding resource-based industrial zoning),
subject to the 12 CUP approval criteria in JCC 18.40.530.
(3) Continues to rely on existing laws that: (a) Require compliance with critical area,
shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous
shooting of firearms; (d) Limit the types of weapons that can be used; and, (e)
Prohibit the use of any explosive devices.
(4) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(5) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(6) Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
Alternative 1 is legislation passed by the Board of County Commissioners in
2018, namely Ordinance 12-1102-18 adopted on November 2, 2018 (Title 8
Health and Safety Ordinance) (Exhibit 5)and Ordinance No. 15-1214-18(Title 18
Land Use Ordinance) adopted on December 14, 2018 (Exhibit 6). A SEPA
categorical exemption was relied upon for the Title 8 Ordinance.A Determination
of Non-Significance(DNS) (Exhibit 7)for the Title 18 Ordinance was reviewed by
the Department of Commerce in 2018 and was not challenged. The Growth
Management Hearings Board determined that the Title 8 Ordinance was a
development regulation, requiring compliance with public participation and SEPA
requirements for a development regulation and that the Title 18 Ordinance was
closely related to the Title 8 Ordinance that both were invalid under Chapter
36.70A RCW(the Growth Management Act). Jefferson County has appealed the
Growth Management Board's decision on the Title 18 Ordinance under Chapter
34.05 RCW(the Administrative Procedure Act).
C. Alternative 2:
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(1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(2) Limits outdoor CSFs to only forest resource lands for projects that qualify as
Small-Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses
are limited by JCC 18.20.350(3) (Exhibit 8) as follows:
(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) Small-scale recreation or tourist uses may include limited and
commensurately scaled commercial facilities intended to serve those small-scale
recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store, or
associated retail sales and services); provided, that the applicant can
demonstrate the following to the satisfaction of the approving authority that:
(i)The principal demand for the commercial facilities is derived from the principal
recreational or tourist use and not the existing and projected rural population;
(ii) The associated commercial activities shall be clearly accessory to and
dependent upon the primary recreational or tourist uses;
(iii)The associated commercial activities, in addition to the principal recreational
or tourist use,will not have a measurable detrimental traffic, noise,visual or public
safety impact on adjacent properties;
(iv) The use and associated structure is clearly appropriate and compatible in
scale, size, design, and function with surrounding uses and environment;
(v)The use will not constitute new urban development in a rural area;
(vi) The public facilities and services provided are limited to those necessary to
serve the associated commercial activities and the principal small-scale
recreational or tourist use in a manner that does not permit low-density sprawl;
and
(vii)All other applicable requirements and standards in this UDC are met.
(b) Unless a larger parcel size is specified, minimum lot size shall be five acres,
except that no minimum lot size is required for parcels that include a historic site,
structure or landmark.
(c) Only one small-scale recreational or tourist use shall be allowed per legal lot
of record, with the exception of rural restaurants.
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(d)Only those buildings or areas specifically approved by the county may be used
in the conduct of the business.
(e) Parking shall be contained on-site and provided in conformance with this
code, including JCC 18.30.100 and 18.30.130.
(f) All activities shall, at a minimum, be screened from the view of adjacent
residential uses subject to the landscaping and screening requirements of JCC
18.30.130 and set back a sufficient distance from all rear and side property lines
to protect the character of adjacent and surrounding properties and uses. The
approving authority may authorize variations to the setbacks established in Table
6-1 in JCC 18.30.050 to ensure that any small-scale recreation or tourist use or
structure, when proposed in or adjacent to a rural residential (RR) district, shall
be compatible with and not disruptive to the character of existing and anticipated
future uses in the district.
(g) All small-scale recreation or tourist uses shall utilize local access or minor
collector roads for primary access whenever practicable.Access off state routes,
arterials, or major collector roads may be allowed if access improvements or a
traffic analysis assure mobility is not degraded.
(h)Structures shall comply with the landscape, lighting, site coverage, and design
standards set forth in Chapter 18.30 JCC.
(i) Any small-scale recreational or tourist use development allowed under this
section that proposes to include permanent occupancy on-site residential
development may only be permitted subject to:
i. The underlying rural residential density;
ii. A master planned resort (MPR) district designation subject to a legislative
action to amend the Comprehensive Plan; or
iii. That necessary for on-site management(e.g., a caretaker's residence).
(j) For any small-scale recreation or tourist use, the county shall impose such
reasonable conditions (e.g., location and size restrictions, design standards,
landscape buffers, setbacks, etc.) as are found necessary by the approving
authority to ensure that the activity or use, due to proximity, location or intensity:
i. Is compatible with the rural character of adjacent lands and shorelines,
including forestry, agriculture, and mineral lands of long-term commercial
significance;
ii. Does not disrupt the character of any surrounding permitted uses;
iii. Is adequately served by public facilities and services (including roadway
level of service and minimum fire flow requirements) without the need to
extend those services in a manner that promotes low density sprawl;
iv. Adequately protects critical areas including surface and groundwater
resources; and
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v. Would not cumulatively, in combination with the effects of existing
development (or given the probable development of subsequent projects
with similar effects) in the vicinity(i.e.,within one mile) of the proposed use,
create a development pattern that constitutes low density sprawl; require
the extension of public facilities or expansion of public services in a manner
that promotes low density sprawl, or be otherwise incompatible with or
injurious to the rural character of the area;
vi. For designated agricultural lands, converts as little land with prime
agricultural soils as practicable into nonagricultural use.
(k) If the preceding conditions (in subsection (3)(j) of this section) cannot be met
to the satisfaction of the approving authority, the use shall be denied.
(3) Limits outdoor CSFs in forest resource lands with a quota (approximately 150
acres total in the 328,785 acres of forest resource lands throughout the county).
(4) Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial
and industrial zoning (excluding resource-based industrial zoning), subject to the
12 CUP approval criteria in JCC 18.40.530.
(7) Continues to rely on existing laws that: (a) Require compliance with critical area,
shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous
shooting of firearms; (d) Limit the types of weapons that can be used; and, (e)
Prohibit the use of any explosive devices.
(8) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(9) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(10)Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
Alternative 2 is legislation recommended to the Jefferson County Planning
Commission by Jefferson County Staff on October 16, 2019.
D. Alternative 3:
(1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(2) Limits outdoor CSFs in forest resource lands for projects that qualify as Small-
Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are
limited by JCC 18.20.350(3) (Exhibit 8).
(3) Requires bright-line rules including (a) a limit of one conditional use per parcel;
(b) Prohibiting use of CSFs by military, paramilitary, National Guard, Homeland
Security or non-local law enforcement; (c) Maximum of 5 firing points per parcel;
(d) No shooting from aircraft; (e) No drone or helicopter flights within the parcel;
(f) No machine guns, mortars, rocket launchers, etc.; (g) Noise standard at
property boundaries of a maximum of 40db; or, (h) 500-yard setback from
shorelines (streams and lakes) and additional wetlands/wetland-buffers.
(4) Does not use a quota to limit outdoor CSFs in forest resource lands.
(5) Allows indoor CSFs with a CUP in rural/ UGA commercial and industrial zoning
(excluding resource-based industrial zoning).
(6) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
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(7) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(8) Adds the protections noted as missing in the no-action alternative items (9) to
(23), including the standards and Best Management Practices described below.
Alternative 3 was proposed by members of the public during the public
participation process with the Jefferson County Planning Commission. Jefferson
County Staff does not recommend this alternative because it may not comply with
constitutional requirements, including under the Second Amendment to the U.S.
Constitution.
E. Alternative 4:
(1) Prohibits outdoor CSFs in all zoning districts.
(2) Indoor CSFs allowed only as a discretionary use (without additional bright-line
rules) in all rural/UGA commercial and industrial zoning (excluding resource-
based industrial zoning).
(3) Defines "Indoor shooting facility" to include "lawful incidental sales of firearms,
ammunition, component parts, and accessories."
(4) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(5) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(6) Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
Alternative 4 is the December 3, 2019 recommendation of the Jefferson County
Planning Commission to the Board of County Commissioners, made after
conducting a public hearing as part of the public participation process.
F. Alternative 5:
(1) Prohibits outdoor CSFs.
(2) Allows indoor CSFs allowed as a discretionary use in all rural/UGA commercial
and industrial zoning (excluding resource-based industrial zoning).
(3) Allows indoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(4) Limits indoor CSFs in forest resource lands for projects that qualify as Small-
Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are
limited by JCC 18.20.350(3) (Exhibit 8)
(5) Limits indoor CSFs in forest resource lands with a quota (approximately 150
acres total in the 328,785 acres of forest resource lands throughout the county).
(6) Defines "Indoor shooting facility" to include "lawful incidental sales of firearms,
ammunition, component parts, and accessories."
(7) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(8) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(9) Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
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Alternative 5 is proposed as potentially necessary to ensure compliance with
constitutional requirements, including under the Second Amendment to the U.S.
Constitution.
G. Environmental, Health, Noise and Safety Standards or Best Management
Practices Added:
(1) Operations—Title 8 Ordinance for Alternatives 1 through 5:
(a) Requires a safety and environmental health plan for operations at a CSF;
(b) Requires operations BMPs for the collection and disposal of bullets,
cartridges, and shotgun wadding;
(c) Requires operations BMPs for lead at outdoor CSFs as recommended by
USEPA Region 2 in its 2005 publication entitled Best Management Practices
for Outdoor Shooting Ranges, as it exists now or later is amended;
(d) Requires operations BMPs for lead at indoor CSFs as recommended by the
National Institute for Occupational Safety and Health (NIOSH) in its 2009
publication entitled NIOSH Alert– Preventing Exposures to Lead and Noise
at Indoor Firing Ranges, as it exists now or later is amended;
(e) Requires an operations plan for compliance with requirements under existing
law for the handling and closure of facilities for storage or use of the
hazardous substance or hazardous waste other than lead;
(f) Requires an operations plan for financial assurance consistent with existing
law for addressing any remediation of hazardous substances or hazardous
waste, other than lead resulting from operations at a CSF;
(g) Requires BMPs to maximize sound suppression for operations consistent
with the NRA Range Source Book and Chapter 8.70 JCC(noise control);
(h) Requires that operations not create a public nuisance;
(i) Contains enforcement procedures;
(j) Requires that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars
for each occurrence and combined single limit and two million in the
aggregate during operation of the CSF;
(k) Requires an annual report with a current statement of general liability
insurance and any monitoring data required by an operating permit; and,
(I) Requires pre-operation, annual, and compliance inspections.
(2) Siting and Development—Title 18 Ordinance—All Alternatives:
(a) Limits the zones where a CSF can be located by, among other things,
prohibiting CSFs as part of a home business use, as part of a cottage industry
use, or as an unnamed use.
(b) Requires that all CSFs be designed to be consistent with the NRA Range
Source Book standards for shooting range design;
(c) Requires that all CSFs be designed so that when firearms are operating in
accordance with the new definition of rules and regulations ("with reference
to a CSF means requirements used for the safe operation of a CSF"), all
projectiles are kept from leaving any shooting range or the CSF;
(d) Requires a facilities plan that describes the locations of all hazardous material
storage and use, per a hazardous substance or hazardous waste
management plan, if needed;
(e) Requires that all CSFs 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 18.25 JCC (Shoreline Master Program).
(3) Siting and Development—Title 18 Ordinance—Alternatives 1, 2, 3, and 5 (in
addition to those in Item (2)):
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(a) Allows CSFs in forest resource lands with a CUP, subject to the 12 CUP
approval criteria in JCC 18.40.530.
(b) Limits CSFs in forest resource lands to projects that qualify as Small-Scale
Recreation or Tourist Uses.
(4) Siting and Development—Title 18 Ordinance—Alternatives 1, 2, and 5 (in
addition to those in Items(2) and (3):
(a) Limits CSFs in forest resource lands with a quota (approximately 150 acres
total in the 328,785 acres of forest resource lands throughout the county).
(5) Siting and Development—Title 18 Ordinance—Alternatives 4 and 5 only:
(a) Prohibits outdoor CSFs, except for those with that qualify for as a legal
nonconforming use under JCC 18.20.260.
This SEPA Environmental Checklist discusses all of the alternatives listed above. All alternatives or a
combination of them are actively being considered under this proposal. However, Alternative 2 and
Alternative 4 are the drafted versions of the proposal. Alternative 2 is the initial staff recommendation to the
Jefferson County Planning Commission and Alternative 4 is the Jefferson County Planning Commission
recommendation to the Board of County Commissioners. For the purposes of this Environmental Checklist,
all alternatives are considered part of the proposal.
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address if any, and section, township,
and range, if known. If a proposal would occur over a range of area, provide the range or
boundaries of the site(s). Provide a legal description, site plan, vicinity map, and
topographic map, if reasonably available. While you should submit any plans required by
the agency, you are not required to duplicate maps or detailed plans submitted with any
permit applications related to this checklist. jhelpl
RESPONSE:
A. Not a Project Proposal: There is no "project" or "site" for this proposal. This proposal is a non-
project proposal for legislation that amends the Jefferson County Code.
B. Area of Proposal: The Jefferson County Code applies in all unincorporated areas of Jefferson
County. The only incorporated area in Jefferson County is the City of Port Townsend.
C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the
alternatives listed in the Brief & Complete Discussion in response to Question A.11, above,
including the no-action alternative, each new CSF project proposal must comply with all
applicable laws and regulations, including SEPA and its implementing regulations, and Chapter
18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline
Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive
development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30
JCC for development and performance standards. For all future projects JCC 18.40.530 with the
12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit
2)will apply.
D. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for
human health and the environment for Alternatives 1 through 5, compared to the no-action
alternative, in the form of BMPs or standards specific to future CSF projects are described in
detail in the Brief&Complete Discussion in response to Question A.11, above.
B. ENVIRONMENTAL ELEMENTS jhelpl
1. Earth [helpl
a. General description of the site:JheIpl
Jefferson County's Responses to SEPA January 6,2020 Page 15 of 95
Environmental checklist(WAC 197-11-960)