Loading...
HomeMy WebLinkAboutShooting range violationsPROLOGUE The Jefferson County Sportsman Association was permitted to expand the shooting range in 2010. The way the application was worded caused the findings of the county and the subsequent approval to be in violation of county code and process. We are asking the remedy to be the appropriate process and reviews of the expansion. Secondly the ranged is being managed as exempt (grandfathered) from county safety codes and NRA range safety guidelines. Both of these actions present a hazard to and a negative impact on the surrounding residential community. We in the community seek to have the range closed until there is a remedy. There are legally managed shooting ranges in the county where the citizenry and professionals can shoot and train. Definitions of county code language: “Nonconforming structure” means a structure which does not conform to the dimensional regulations, including but not limited to setback, height, lot coverage, density, and building configuration regulations of the land use district in which it is located due to changes in code requirements. (See also “Alteration, nonconforming structures.”) “Nonconforming use” means a use of a structure or of land which does not conform to the regulations of the land use district in which the use exists due to changes in code requirements. (See also “Alteration, nonconforming use.”) Applicable code [edited] 18.20.260 Nonconforming uses and structures 1) Nonconforming uses of land are uses which currently exist and were lawfully established prior to the enactment of this code. Legally established uses may continue as long as they remain otherwise lawful, provided: (b) A legal existing nonconforming use can be expanded up to 10 percent subject to a Type I permit approval process. (c) A nonconforming use may be expanded beyond 10 percent through the approval of a Type II C(d) discretionary conditional use permit process. In addition to meeting the criteria set forth through the conditional use permit process, the department shall determine the expansion proposal has met the following: (iv) The expansion shall not be granted if it would result in a significant increase in the intensity of the use of the nonconformity (e.g., hours of operation, traffic). = violation The permit application response from the county (BLD10-275.pdf page 6): “Recommended finding: The Gun Club use was established in 1962 pursuant to codes in effect at that time. Key to this discussion is determination of the size of the current facility and use to determine the 10% threshold. With respect to the total land area of 42.2 acres identified in the license, the 32,000 s.f. (.74 acres) new pistol range is less than 2% of the total land area under the license, clearly under the 10% rule.” Result The application did not include the expansion of usage. It based the expansion on increase of structure without consideration of the impact of that expansion as related to use. As the use was expanded exponentially the project was approved by using the wrong process. Summary Since its licensing in 1962 the shooting range usage has grown to many times its original use. It began as a local family oriented range for locals to shoot, train youth in firearm safety, and to keep shooters out of the local quarry. All were reasonable, local usages and compatible with the rural residential community. Today the range is host to competitions. It is used by local and state professionals for qualification and training. It is used by federal military units to train and practice tactics. In 2010 the club managing the range was permitted to add 12 new shooting positions to the 10 shooting positions in use. The pistol 12 positions are the highest usage in the range. Issues: • The 2010 permitted growth to add 12 shooting positions was in violation of growth of a non-conforming use according to Jefferson County code. • The range has been grandfathered in violation of county codes for safety and impact use. • The range management is in violation of the NRA and EPA rules for shooting range management. The shooting range as managed and used today is a safety hazard and not compatible with the community it which it resides. Request We respectfully request the county to review its findings and decision on the growth and management of the shooting range. We ask the range be closed until remedied. Please consider the following: Clearly the Sportsmen’s Association misrepresented a material fact. The expansion was not an expansion of acreage because the expanded usage is all on current licensed acreage. What was omitted by the Sportsman Association and ignored by the county process was the expansion in actual use. The newly permitted structure allowed this increase of use: A growth from 10 shooting stations to 22 shooting stations. An increase of handgun use from 4 stations to 16 stations. An impact of use from the number of handgun shooters and bullets fired of 400%. The use of the pistol range is primarily from professionals. The US Navy, US Coastguard, Homeland Security, county sheriffs, local police, and border patrol. These professional entities have unlimited availability of ammunition, large clip capacities, and rigorous practice and qualification regimes. The county safety code that the JCSA is exempt from is as follows: 18.20.35 (8) Outdoor Shooting Ranges. Outdoor shooting ranges are subject to the following standards: (a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of ammunition beyond the boundaries of the parcel where they occur; (b) The National Rifle Association’s Range Manual shall be consulted and used in the development and operation of ranges; Articles 1, 2, and 3 of the safety recommendations for outdoor shooting ranges shall be used as minimum guidelines in the design and construction of shooting ranges; (c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property at intervals no greater than 50 feet; (d) The shooting areas shall be surrounded by an eight-foot-high noise barrier in the form of an earth berm or wall, or be located in a minimal eight-foot deep depression; (e) The minimum lot size for an outdoor rifle, trap, skeet or pistol range used by an organization shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres; (f) No structure or shooting areas associated with a shooting range shall be located closer than 100 feet to any lot line; (g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the owner; (h) All shooting areas must be completely fenced; and (i) In the consideration of an application for permit, the approval authority shall take into account both safety and noise factors, and may prescribe additional conditions with respect thereto.