HomeMy WebLinkAboutTitle 18 Exhibit 3T- t s
COUNTY OF JEFFERSON SOC(L 0,2127l zc z o
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 iudges in every state shall be bound therebv, anvthing 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 the Jefferson County Code does not -prohibit individuals from training and
practicing with weapons, outdoors onprivate propcgy excqpt in lgwfull established no shootin
areas;
WHEREAS Jefferson County owns property,on which an outdoor shooting facility exists
that iso en to the_ ublic and is operated.by the Jefferson Cgojy Sportsmen's Association 7CSA
under a license thatis in effect until December 31 2040 where individuals can train and practice
shooting;
WHEREAS.,JSCA has posted to its website a true and accurate digam of the JCSA
facility at http•//jeffersoncountysportsmen.org/wp/:
WHEREAS according to the United States Supreme Court the Second Amendment at its
core protects the right of law-abiding responsible citizens to use arms in defense of hearth and
home;
WHEREAS Jefferson County staff has performed an analysis and determined that indoor
commercial shooting_ facilities actually could be sited assuming compliance with existing
provisions in Title 18 JCC and the Planning Commission Recommendation that commercial indoor
shooting_ facilities be allowed only as a discretionary use in all commercial and industrial zoning
districts (except resource based industrial zoning district) subject to review under the State
Environmental Policy Act that is presented in a Technical Memorandum attached as Exhibit A to
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»_February., 7._2020 staff report that demonstrates that under the zoning scheme adopted in this
Ordinarim1
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 Count,, inquired 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,
Staffs proposed changes to further demonstrate compliance with the Supremacy Principle.
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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 eemmer-eial sheot ng faeil fies may
be appropriate, but 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, about twenty percent of the land -base in Jefferson County Wis uncle,- "
managementis zoned Rural residential (RR -5, RR -10 or RR -20) where dispersed target shooting
can be carried out by anyone who has legal possession of a firearm, provided their property is not
in a no shootina area designated in Article 11 of Chapter 8.50 JCC and they do not discharge the
firearm recklessly; and, 2, 3
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 the exte ;.,o r^ o~tame of e'er vas ee r ^rac' 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,
2 Footnotes in this draft ordinance will be removed in the final. They are meant only as a means of explaining
proposed changes, if necessary. All changes are in red typeface, with new language underlined and proposed
deletions in stFikeOU .
s Proposed change from Staff Report, 21.
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WHEREAS, Jefferson County's Comprehensive Plan states that development should
ensure that the Count quality of life is preserved as it is enhanced; and,
WHEREAS, the Jefferson County Comprehensive Plan states tha-the County's
agricultural and forest werlcin lands oflong-term commercialgnificncc should be protected
and conserved; and,4
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
Wil -forest land zonesdistrie 5is to ensure forest lands of long-term commercial6significance are
protected from incompatible uses thereby sustaining the ability of forest resource extraction
activities to be maintained as a viable commercial activity. while allowine for diversitv in the
size of forest tracts; and
WHEREAS, without best management practices such as those suggested by the United
States Environmental Protection Agency Region 2 in its 2005 publication entitled Best
Management Practices for Outdoor Shooting Ranges (USEPA 2005), lead and other heavy
metals released at shooting ranges could negatively impact human health and the
environmentand other heavy metals a4 shooting ranges are disti4buted thfough spent ammunition,
Prepellaats, "lea min",
a4teied bullets; and erfziniiwcma�,7
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils,rg ound
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 pelhxtien-above certain levels, particularly persistent, repetitive,
percussive is deleterious to humans and animals
alike; and,g
WHEREAS, noise at outdoor shooting facilities is much more likely to generate
complaints b,, nearby residents, than noise at indoor shooting facilities; and,9
WHEREAS, greater technology exists to control such -noise pgjhgiertimpacts at indoor
shooting €4eilitiesranges but-tretthan at outdoor commercial shooting facilities, where the. -- -are
110 known methods to Completely ^ ntfol ^ efin+iF.4e noise leaving commercial outdoor
commercial shooting facilities that -can reach and negatively impact humans, domestic and wild
a Proposed change from Staff Report, 21, modified slightly.
s Proposed change from Staff Report, 24.
6 Staff's proposed change for consistency.
Proposed change from Staff Report, 25-26.
s Proposed change from Staff Report, 26.
9 Proposed change from Staff Report, 26.
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animals unless the outdoor, shootin ran e's mise is mitigated through best management
practices and the outdoor shooin ran a is r® _erl _erated- _ __-
and,to _ . _ _.
WHEREAS, pro erly maintained state of the art HVAC keep air clean for clients and
workers; and, 11
WHEREAS, bullet traps at shooting ranges now provide tow the maximum
possible containment for spent affmwa4ionbullets, and contamin-qnts- which can be reclaimed and
recycled, thereb minimizin any-resultingany-resulting contamination and protecting the County's human
health and natural resources; and, 12
WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial
shooting facilities; and,
WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development
regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and,
WHEREAS, the BoCC had a reasonable belief that Ordinance No. 15-1214-18 protected
natural resource lands, as required by RCW 36.70A.060; and,
WHEREAS, on September 16, 2019, the Western Washington Growth Management
Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c,
which invalidated the Title 8 Ordinance on the basis that it was a development regulation under
the Growth Management Act and was invalid because it had not been reviewed under the State
Environmental Policy Act (Chapter 43.21C RCW) and did not comply with the County's public
participation process which requires consideration by the Jefferson County Planning Commission;
and,
WHEREAS, the Growth Board's September 16, 2019 decision invalidated Ordinance 12-
1102-18 and Ordinance No. 15-1214-18 under the Growth Management Act 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 shootingfacility acility 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,
10 Proposed change from Staff Report, 27, modified slightly to focus on operations.
" Proposed change from Staff Report, 27.
'Z Proposed change from Staff Report, 28.
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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 Count
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. Repeal and Replacement of Ordinance No. 12-1214-18 and amendingMedifie tion of
Title 18 JCC. Ordinance No. 15-1214-18 (Title 18 - Land Use Code) is repealed and replaced
with this ordinance. Title 18 JCC is amended as in the attached Appendix. 13 Title 18 rrr shall he
eet to review „.de- the State Tnvir-.,mne„tal Poli..,
Aet. Title 18 XC shall furthef be amended to state that outdoor shoot' .. - , *eeot for those
with that qualiA, f;ar- as a leea4 noneonfor-min"se under XG 19.20.260, shall nott-be allowed in
('soup er de,. to, fotee the ntfq l;fes ,1e oeaee health and safety of reffa,-�..,, ( ,,,,.t.,
be -
modified ., set f t4h 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. 14-1209-1944-°x- .14 The
moratorium in Ordinance No. 14-1209-1944-092-349 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.
13 Proposed change from Staff Report, 31.
14 Correction to the most recent moratorium ordinance.
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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. . Dn January 13, 2®24
the SEPA res onsible official issued a determination of nonsi inficance(DNS),after reviewinga
Janugy 6 2020 SEPA Checklist (Checklist). Consistent with RC W 43.210.030 2 WAC 197-11-
060 and -Washington State Department of Ecology, State Environmental Policy Act Handbook
43 2018 the Checklist analyzed five non -project alternatives including the December 3 2019
r commendation of the Jefferson CountPlannin Commission in ddition to the no -action
alternative. Five written comments were received timely on the DNS. All these written comments
make claims that are belied by a careful review of the Checklist. None of the written comments
were from state or federal agencies or Indian Tribes. 15 Detailed responses to all of the were sent
that address all the concerns raised in the comments. After considering all the comments and
providing detailed responses to all of them the SEPA responsible of determined to retain the
DNS on FebrM 20, 2020. Consistent with Department of EcologySEPA policy, a memorandum
signed by the SEPA responsible official was emailed to the Department of Ecology on February
20, 2020 and placed in the Department of Community Development's project file. 16
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
15 Proposed change from Staff Report, 31.
16 Proposed change suggested in Staff Report, 31, but modified to be consistent with retention of DNS on February
20, 2020.
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ADOPTED this day of
SEAL:
ATTEST:
Carolyn Gallaway,
Deputy Clerk of the Board
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2019, at a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Greg BrothertonKaw Win, Chair
David Sullivan, Member
Kate DganOreg-4rethefton, Member
APPROVED AS TO FORM:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
E
1sXHIB1'T 3 (57:4FI,".S" PROPOSED Cl// :V( ETO P("S RECO,,V1A11.,.X/)ED TITLE 18 ORDI.N!,I CE)
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
AVq VPC
"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 used for lawful shooting
practices is a commercial shooting facility. The term "commercial shooting facility" does not
include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington; and r, l'
(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
"Janet Welch recommends deleting the "and". JW 2/11/2020 Comments, 1. Staff agrees the two exceptions are not
connected by "and" and are separate. Staff recommends replacing "and" with "or" instead, which provides greater
clarity and accomplishes the same purpose.
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the privately -owned property or to any other person, except where the property i
presumed to be a commercial shooting facility, as described above.'$ Fef the ,,.,,,:a. nce
of doubt, wher-e pf!ivately &Y�%ed pr-epefty is used primarily for lavgul shooting pr-aetioe
for- guests of the oA%er-, and whefe the other- uses of the propefty either- farailitat-e
shooting praefiee or- are ineidental, intefmiRent 1, it is pr-esufned that the
pr-iv,tely oA%ed pr-opeft as f r lawftd shooting pfaetiees eial shooting
ffleility.
18.10.060 F definitions.
"Firearm" means a weapon or device from which a proiectile or proiectiles 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
backstop or bullet trap.
" Staff recommends this change for clarity.
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"Indoor shooting faciliy" means a commercial shootingfacility 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.
"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 O definitions.
Oaf Shooting Range. (S"Shooting range.")
"Outdoor shootingfacility" means a commercial shootingfy that is not an indoor shooting
facility.
18.10.160 P definitions.
"Physical containment" with respect to a commercial shootingfacility acility 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.
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18.10.180 R definitions.
"Recreational uses" means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
"Rules and regulations" with reference to a commercial shootingfacility acility means requirements used
for the safe operation of a commercial shootingfacility.
acility.
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
gpon 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 travelingy 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."
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(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
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(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.
18.15.045 Unnamed uses.
This eed - . that not ever -y coneeivable use ean be identified and that new uses May
"unnamed" uses fef similarity with other- uses listed in this eede and to ensure eensisteney of the
proposed use with the applieable distriet. When a use is not specifically listed in Table 3 1 (or-, i
pfoposed within the kendale and Port 14adloek UGA, in Chapter- 18.18 XC), it shall be reviewed
18.40 XG The adfninistfmer sha4l use the criteria contained in jGC 18.15.040(2) to determine
and establish whether- the proposed umamed use shall be elassified as an allowed use -,-a
eendi ienal use, or- pfohi itedwithin the -appli bl a tr- et
(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
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conducted without substantial adverse impact on the residential environment and rural character
in the vicinity. The scale and intensity of cottage industries are typically greater than could be
accommodated as a home business, but less than would require a land use district designation of
commercial or industrial.
(2) The following list of uses allowable as cottage industries include, but are not necessarily
limited to:
(a) Sales of antiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(f) Construction office;
(g) Furniture repair or refinishing;
(h) Pottery shop;
(i) Real estate sales office;
0) 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)
16 of 28
and when located on parcels with direct access to a principal arterial (i.e., Highway 101) in the
Brinnon Planning Area — Remote Rural (BRPA RR) overlay district:
(a) Heavy equipment repair shop;
(b) Autobody work or paint shop; and,
(c) Large-scale furniture stripping.
(4) The following occupations are prohibited as cottage industries in all of unincorporated
Jefferson County:
(a) Commercial shooting facilities or uses 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 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.
17 of 28
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
0) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI -L of
Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
18 of 28
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one -acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(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 shall 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.
19 of 28
(d) The cottage industry shall not store more than three vehicles at any one time awaiting or
departing for or from servicing or repair. This excludes the vehicles being actively serviced in the
facility.
(e) A 50 -foot buffer shall be maintained from the structure housing the auto repair and service to
all adjacent property lines. [Ord. 15-18 § 1 (Appx. A); Ord. 8-06 § 1]
JCC 18.20.170(4) Standards for Cottage Industries
(4) All cottage industries shall be subject to the following standards, except as provided for in the
West End Planning Area and Brinnon Planning Area — Remote Rural overlay districts as
specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West
End Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(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.
20 of 28
1,.vjvBn' 3 (W,4IT'S PR(?Yt."1}5ED (_'HAAIGF ',� TO PC"S )?A'C()AA,1E7Y E,0 711LE 18 ORDINA
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
0) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI -L of Chapter 18.15
JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning
Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
21 of 28
(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 shootingfacility.
acility.
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, and require a separate permit for operations under Title 8, the Health and Safety
Code. 19 A commercial shootingfacility acility may only be an indoor shooting facility, located
in a commercial or industrial zone, except in a heavy industrial or resource-based
industrial zone .20 No outdoor Commercial Shooting facilities shall be allowed, e�
Eeexcept for those with that qualify as a legal nonconforming use under JCC
18.20.260.
9 Staff suggests this be added for clarity.
2° Staff's proposed change per discussions during February 18, 2020 deliberations.
22 of 28
(2) Facilities Plan. An application for a permit for 21 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;
(e) Locations, dimensions and slope of all backstops and side berms, yAiether natura4 feat ".a
of mame and the volume, source, and type of all materials of which they are
comprised;22
(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 18.10.180;
21 Change suggested by Janet Welch. JW February 9, 2020 Comments, 3. Staff agrees that the words suggested for
deletion are not needed.
'Z Janet Welch suggests deleting "whether natural feature or manmade". JW February 9, 2020 Comments, 3. Staff
agrees it is unlikely a natural feature would be inside a building and the revised language would work, even if there
were such a happenstance.
23 of 28
(b) Required Security. Commercial shooting facilities shall be designed to provide security
measures to deter unauthorized entry to any shooting range, such as barriers, berms,
cameras, gates, fencing, on-site security personnel, physical limits, or signage; and,
(c) Containment. Commercial shooting facilities shall be designed so that when firearms are
operating in accordance with the rules and regulations as defined in JCC 18.10.180, all
projectiles are kept from leaving any shooting range or the commercial shooting facility_
(5) 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 X23ep rmit
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
t_he24 at the commercial shootingfacility, acility, includin&.
i. An evaluation of how the commercial shootingfacility acility 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 shootingfacility's acility's uses and inslilulional
controls described in the application protect critical areas and shorelines.
23 Removed typo.
24 Removed typo.
24 of 28
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
shorelines (and buffers for all such areas including but not limited to the buffers required in
Chapter 18.22.JCC (Critical Areas andChapter 18.25 JCC (Shoreline Master Program).
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
25 Proposed change from Staff Report, 35.
25 of 28
and accessory uses. The following list of uses is not intended to be exhaustive, but rather is
intended to be illustrative of the types of small-scale recreation or tourist uses:
(a) Aerial recreational activities such as balloon rides, glider and parachute events;
(b) Animal preserves and game farms;
(c) Equestrian centers, on parcels 10 acres or larger in size;
(d) Campgrounds and camping facilities;
(e) Commercial fishing ponds;
(f) Cultural festivals;
(g) Miniature golf, not to exceed a gross use area of one acre;
(h) Model hobby parks and sites on parcels 10 acres or larger in size;
(i) Outdoor recreational equipment rental and/or guide services;
(j) Outdoor shooting ^^a archery ranges; Outdoer- ^ ^' sheetine f4eil ties,
(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.
26 of 28
27 of 28
CHANGES TO THE USE TABLE:
SEE REVISED USE TABLES IN EXHIBIT 4
28 of 28
Prime
Forest_
RUFRI
Shooting Faeflity Allo
Other- Zones tamer,
Allowed
and
Eeeal
a"
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AG
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Llse
,
(CC), Heavy indust
Rural Residential 1
> indliStFial,
industrial/COMMeF
1! 10), Rural
Aer-es (RR 140)-,
CFOSSFOads (NC), Parks-,
hideof
Eommefeial
shooting faeilitl�
No
NeE
G
NO
Outdoor-
commefeig
sheetin
NO
G
NO
No
SEE REVISED USE TABLES IN EXHIBIT 4
28 of 28
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