Agenda - Planning Commission - 02/05/2015

Home

Zoning Bulletin December 25, 2014 1 Volume 8 1 Issue 24 Nonconforming Use—Legally nonconforming recreational gun range use grows to include commercial training use County contends change in use is an impermissible expansion of the nonconforming use Citation: Kitsap County v. Kitsap Rifle and Revolver Club, 337 P.3d 328 (Wash. Ct. App. Div. 2 2014) WASHINGTON (10/28/14)—This case addressed the issue of whether a gun club's increased activity was permissible under the county zoning code provisions that regulated nonconforming uses. More specifically, it addressed the difference between permitted "intensification" of nonconforming uses (permitted under the county zoning code) and impermissible "expansion" of nonconforming uses. The Background/Facts: The Kitsap Rifle and Revolver Club (the "Club") has operated a shooting range in Bremerton, Kitsap County, Washington, since 1926. In 1993, Kitsap County (the "County") adopted a new ordinance that limited the location of shooting ranges. That ordinance rendered the Club's use of the property as a shooting range to be a lawful nonconforming use. As of 1993, the Club operated a rifle and pistol range, with members participating in shooting activities during daylight hours on weekends and dur- ing the fall "sign-in" season for hunting. Subsequently, the Club's property use changed. The Club allowed shooting between 7:00 a.m. and 10:00 p.m. The Club allowed the regular use of fully automatic "rapid-fire" weapons, as well as exploding targets and cannons. Commercial use of the Club also increased, including use by private for-profit companies, as well as military personnel training. In 2011, the County filed a complaint for an injunction, declaratory judg- ment, and nuisance abatement against the Club. Among other things, the County alleged that the Club had impermissibly expanded its nonconforming use as a shooting range. The County also alleged that the Club's activities con- stituted noise and public safety nuisances. The County requested termination of the Club's nonconforming use status and abatement of the nuisances. The trial court concluded that the Club's shooting range operation was no longer a legal nonconforming use because, among other things, the Club's activities constituted impermissible expansion rather than allowed intensifica- tion of the existing nonconforming use. The trial court issued a permanent injunction prohibiting use of the Club's property as a shooting range until issu- ance of a conditional use permit, which the County could condition upon ap- plication for all after-the-fact permits required under the Kitsap County Code ("KCC"). The trial court also issued a permanent injunction prohibiting the use of certain weapons and targets and the property's use as an outdoor shooting range before 9:00 a.m. or after 7:00 p.m. © 2014 Thomson Reuters 9