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Home My WebLink About03 0224 20COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing ) Ordinance 15-1214-18 and Amending Title } ORDINANCE NO. 03-0224-20 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 1, 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, 1 of 26 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 lawfully training and practicing with weapons outdoors on private property except, in lawfully established no shooting areas; WHEREAS, Jefferson County owns property on which an outdoor shooting facility exists that is open to the public and is operated by the Jefferson County Sportsmen's Association (JCSA) under a license that is in effect until December 31, 2040, where individuals can train and practice shooting; WHEREAS, JSCA has posted to its website a true and accurate diagram 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 a February 7, 2020 staff report that demonstrates that under the zoning scheme adopted in this Ordinance; 2 of 26 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, 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, 3 of 26 WHEREAS, public concerns 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, the Olympic National Park and the Olympic National Forest, comprise approximately 60% of the County's 1.16 million acres of land and about another 20% of land is under the jurisdiction of other federal and state agencies; and, WHEREAS, target shooting is allowed on national forest lands (not including wilderness lands), which comprise approximately 119,039 acres in Jefferson County, and on state-owned Department of Natural Resources lands (not including rural residential zones or natural resources conservation areas), which comprise approximately 181,452 acres in Jefferson County,, unless a specific area has been closed to shooting; and, WHEREAS, about twenty percent of the land -base in Jefferson County is zoned rural residential (RR -5, RR -10 or RR -20) or about 86,341 acres, is where dispersed target shooting can be carried out, provided the property is not in a no shooting area designated in Article II of Chapter 8.50 JCC and the firearm is not discharged recklessly; 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 the County's agricultural and forest lands of long-term commercial significance should be protected and conserved; and, 4 of 26 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 forest land zones is to ensure forest lands of long-term commercial 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, 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 environment; 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 above certain levels, particularly persistent, repetitive, percussive is deleterious to humans and animals alike; and, WHEREAS, noise at outdoor shooting facilities is much more likely to generate complaints by nearby residents, than noise at indoor shooting facilities; and, WHEREAS, greater technology exists to control noise impacts at indoor shooting ranges than at outdoor commercial shooting facilities, where noise leaving commercial outdoor commercial shooting facilities can reach and negatively impact humans, domestic and wild animals unless the outdoor shooting range's noise is mitigated through best management practices and the outdoor shooting range is properly operated; and, WHEREAS, properly maintained state of the art HVAC keep air clean for clients and workers; and, WHEREAS, bullet traps at shooting ranges now provide the maximum possible containment for spent bullets, which can be reclaimed and recycled, thereby minimizing any resulting contamination and 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, 5 of 26 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 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: 6 of 26 Section 1. Repeal and Replacement of Ordinance No. 12-1214-18 and amending 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. 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. 14-1209-19 and Ordinance No. 02-0224-20. The moratorium in Ordinance No. 14-1209-19 and Ordinance No. 02-0224-20 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. On January 13, 2020 the SEPA responsible official issued a determination of nonsiginficance (DNS) after reviewing a January 6, 2020 SEPA Checklist (Checklist). Consistent with RCW 43.21C.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 recommendation of the Jefferson County Planning Commission, in addition 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. 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 official determined to retain the DNS on February 20, 2020. Consistent with Department of Ecology SEPA 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. Section 7. Effective Date. This ordinance is effective immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 7 of 26 +►1 y: z i ADOPTED this day of February 2020, at 4X5 p.m. ATTEST: Lal�-L'L6!& Vey � - Carolyn Vallaway, Deputy Clerk of the Board JEFFERSOV COUNTY BOARD OF)COUNTY COMMISSIONERS David `Sujllllivan, Member Kate Dean, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 8 of 26 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 and whether or not payment is received, 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; andor., (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, except where the property is presumed to be a commercial shootingfacility, as described above. F^r the M,ei anee of doubt, .. hef-e privately oa pr-epet4y is used p ,-7ily for- 1.,wfu shooting pr -a flee for- guests of Ohme-6iVni ,2 , and where the other- uses of the prvpe y eitheTf4eili ate 9 of 26 f4eilivy. 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 backstop or bullet trap. "Indoor shootingfacility" means a commercial shootingfacility acility 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. 10 of 26 "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. "Outdoor shootingfcility" means a commercial shooting facility that is not an indoor shooting facility. 18.10.160 P definitions. "Physical containment" with respect to a commercial shootingfacility 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. "Rules and regulations" with reference to a commercial shootingfacility means requirements used for the safe operation of a commercial shootingfacility. 11 of 26 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 anv 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 are1p aced. "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. 18.15.045 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. 12 of 26 ............ .. .... .. ... . ...... .. INNIS • �.ON �,. (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. 12 of 26 (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 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; 13 of 26 (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 10 1) 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: (5) All cottage industries shall be subject to the following standards, except as provided for in the West End Planning Area and Brinnon Planning Area — Remote Rural overlay districts as 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. 14 of 26 (b) The cottage industry may not employ more than four employees on the site who reside off the subject property. Auto and truck repair shall only employ two persons on the site who reside off the subject property. (c) Only those buildings or areas as specifically approved by the county may be utilized in the conduct of business. (d) Any business requiring customers to visit the site shall provide adequate on-site parking spaces, in addition to one for each full-time equivalent employee who resides off the subject property, and two for the owners of the property. All parking spaces shall meet the standards of JCC 18.30.100. (e) All structures and outside activities shall be so located or screened from adjacent properties to avoid disturbances through glare, noise, dirt or other nuisances or hazards. (f) All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. (g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130. (h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. (i) No business may provide drive-through service. 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. 15 of 26 (1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions of approved cottage industries are permitted, except as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote overlay districts. (m) No exterior display of goods for sale shall be allowed. (n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of the buildings and property shall be maintained. (o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in character with neighboring properties. In no case shall more than 5,000 square feet of total building area on the property be devoted to the cottage industry. (p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150. (q) No on-site direct retail sales of products not produced on site are allowed, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and their accessories. (r) Minimum parcel size shall be one -acre gross site area. (s) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of 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. (6) Auto repair and service proposals are subject to the following additional requirements: 16 of 26 (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. (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 17 of 26 property, and two for the owners of the property. All parking spaces shall meet the standards of JCC 18.30.100. (e) All structures and outside activities shall be so located or screened from adjacent properties to avoid disturbances through glare, noise, dirt or other nuisances or hazards. (f) All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. (g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130. (h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. (i) No business may provide drive-through service. 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 26 (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 propertX shall be considered a commercial shootingfty, which is prohibited. JCC 18.20.135 Commercial Shooting Facilities (1) Regulation of the Siting and Development of Commercial Shooting Facilities. (a) The siting and development of commercial shooting facilities are regulated under Chapter 18.20 JCC. (b) The operations of a commercial shootingfacility are regulated under Chapter 8.50 JCC, and require a separate permit for operations under Title 8, the Health and Safety Code. (c) A commercial shootingfcility may only be an indoor shooting_ facility, located in a commercial or industrial zone, except shall not be allowed in a heavy industrial or resource-based industrial zones. No outdoor Commercial Shooting facilities shall be 19 of 26 allowed, except for those with that qualify as a legal nonconforming use under JCC 18.20.260. (d) Lawful incidental sales of firearms, ammunition, component parts and accessories shall be allowed. However, in industrial zones, JCC 18.20.220(1)(c)(i), (ii), and (iii) shall apply, but (iv) shall not. (2) Facilities Plan. An application for a permit for all commercial shooting facilities shall contain a facilities plan that includes: (a) Locations and dimensions of all walkway (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 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 18.10.180; 20 of 26 (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 shootingfacility 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 theep rmit application that shall be performed bygualified shooting range evaluator (as defined above) and shall provide a written evaluation of the level of safety of the proposed commercial shooting facility, including_ An evaluation of how the commercial shootingfy 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 shootingfacility's acility's uses and institutional controls described in the application minimize threatened harm; iv. An evaluation of how the commercial shootingfacility's uses and institutional controls described in the application protect critical areas and shorelines. The signature of the qualified shooting range evaluator; vi. The evaluation shall certify a certification that the operating pennit application satisfies all the requirements of this article. 21 of 26 (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 rimes, 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 andChanter 18.25 JCC (Shoreline Master Program). JCC 18.20.200(2) on Permitted Home Businesses ........................................................................................................................................................................................ (2) Permitted home businesses do not include the following: (a) Funeral chapel or funeral home; (b) Medical or dental clinic or hospital; (c) Veterinary clinic or hospital; and, (d) Uses that are associated with shooting firearms. JCC 18.20.350(1) and (2) 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; 22 of 26 (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 and archery ranges; Qt4de,.,. e o „l shAntina -]flies - (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. r IMMMMS9 IMM _ .............. • �. -2AMISAINVIOM .. 23 of 26 CHANGES TO THE USE TABLE: Table 3-1. Allowable and Prohibited Uses '--o Outdoor commercial shootingfa� cility shall be a prohibited use in all zoning districts including for small-scale tourist and recreation uses. 24 of 26 Resource Rural Rural Rural Rural Public UGA Lands Residential Commercial Industrial Industrial Specific AG RR Rural RC Rural I Rural I Rural P Public UGA Land Use Agricultura Residential Commercial — Industrial Industrial — — PPR Urban I Resource — RR:20 GC (General LI/M (Light HI (Heavy (Parks, Growth Lands — (Rural Crossroads), Industrial/Manu Industrial, Preserves Area. See AP -20 Residential NC factoring), LI RBI and Chapter (Prime 1 DU/20 (Neighborhood (Light (Resource- Recreatio 18.18 JCC Agricultural Acres), Nisitor Industrial — Based n) Lands) and RR1:10 Crossroads), Glen Cove), Industrial) AL -20 (Rural CC LI/C (Light (Agricultura Residential (Convenience Industrial/Com 1 Land of 1 DU/10 Crossroads), mercial (Glen Local Acres), and and RVC Cove) Importance) RR 1:5 (Rural Village (Rural Center) Forest Residential Resource 1 DU/5 Lands — Acres) CF -80 (Commercia 1 Forest), RF -40 (Rural Forest), and IF (Inholding Forest) Commercial No No D D No No See indoor Chapter shooting 18.18 JCC facility Commercial No No No No No No See outdoor Chapter shooting 18.18 JCC facili 1-0 '--o Outdoor commercial shootingfa� cility shall be a prohibited use in all zoning districts including for small-scale tourist and recreation uses. 24 of 26 Specific Land Use Retail sales and services (not including recreational marijuana retail)" " Lawful incidental sales of firearms, ammunition, component parts and accessories for indoor shooting facilities shall be allowed. However, in industrial zones, JCC 18.20.220(1)(c)(i) (ii) and (iii) shall apply, but (iv) shall not. 25 of 26 Table 3A-1. Allowable and Prohibited Uses LOutdoor commercial shooting facility shall be a prohibited use in all zoning districts, including for small-scale tourist and recreation uses. Specific Land Use Retail sales and services (not including recreational marijuana retail)11 " Lawful incidental sales of firearms ammunition, component parts and accessories for indoor shooting facilities shall be allowed. However, in industrial zones, JCC 18.20.2200)(06), (ii), and(iii) shall apply, but (iv) shall not. 26 of 26 Urban Urban Urban Industrial Public Residential Commercial Specific Land Urban low density Urban Urban Light Public (P) Use residential Commercial (UC) Industrial (ULI) (ULDR), Urban and Visitor - moderate density oriented residential commercial (UMDR), and (VOC) Urban high density residential UHDR Commercial No D D No indoor shooting facility Commercial No No No No outdoor shooting facilitylo LOutdoor commercial shooting facility shall be a prohibited use in all zoning districts, including for small-scale tourist and recreation uses. Specific Land Use Retail sales and services (not including recreational marijuana retail)11 " Lawful incidental sales of firearms ammunition, component parts and accessories for indoor shooting facilities shall be allowed. However, in industrial zones, JCC 18.20.2200)(06), (ii), and(iii) shall apply, but (iv) shall not. 26 of 26