Chapter 17.60
M-1 INDUSTRIAL DISTRICT

Sections:

17.60.010    Title.

17.60.020    Application.

17.60.030    Purpose.

17.60.040    Authority.

17.60.050    Permitted primary uses.

17.60.060    Permitted accessory uses.

17.60.070    Conditional uses.

17.60.080    Additional regulations.

17.60.090    Development standards.

17.60.010 Title.

This chapter shall be called “M-1 Industrial District.” (Ord. 1857 § 2 (Exh. B), 2018).

17.60.020 Application.

This chapter shall apply to all uses and developments in areas designated M-1. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.030 Purpose.

An M-1 district shall provide a use district for manufacturing, warehousing and distribution operation which require little or no retail contact with the general public. The industrial zone is intended to provide for general manufacturing and processing and grouping of industrial enterprises which possess common or similar characteristics and performance standards involving manufacturing, assembling, fabrication and processing, bulk handling of products, large amounts of storage and warehousing, outdoor storage, processing and other related uses.

While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for industry, interrupt the continuity of industrial sites, or produce traffic in conflict with the industrial uses. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63, 36.70A, and 36.70B RCW and other applicable laws. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.050 Permitted primary uses.

Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title:

A. Adult motion picture theater; provided, that it shall be located a minimum of 1,000 feet from any residential zone, 1,000 feet from any school, public or private, 1,000 feet from any church, and 1,000 feet from any park, measured along the right-of-way;

B. Automobile parking and storage;

C. Basic wood processing including sawmills, planing mills, veneering and laminating of wood;

D. Building movers;

E. Cold storage plants;

F. Commercial laundries;

G. Contractor trade services including storage yards;

H. Enameling, galvanizing and electroplating;

I. Equipment repair and storage;

J. Heavy equipment and truck repair;

K. Household movers and storage;

L. Janitorial services;

M. Job training and vocational education, where the course of instruction is related to another permitted use;

N. Lumber yards;

O. Manufacturing, assembling and packaging of articles, products, or merchandise from previously prepared natural or synthetic materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clays (pulverized only, with gas or electric kilns), cloth, cork, feather, felt, fiber, fur, glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastic and resins, precious or semi-precious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool, and yarn;

P. Manufacturing establishments engaged in electronic, automotive, aerospace, airframe, or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engine, major components, and whole electronic or electrical devices, automobiles, aircraft, aerospace, or underwater vehicles, but specifically excluding explosive fuels and propellants;

Q. Manufacturing, processing, assembling and packaging of precision components and products, including precision machine shops for products such as radio and television equipment, business machine equipment, home appliances, scientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonograph records and prerecorded audio-visual tape, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character;

R. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals;

S. Manufacturing, processing, blending and packaging of products such as the following:

1. Soaps, detergents and other basic cleaning and cleansing materials;

2. Mineral products such as abrasives, asbestos, chalk, pumice, etc.;

3. Clay and cement products such as brick, tile, pipe, etc.;

T. Manufacturing, processing, blending and packaging of the following:

1. Drugs, pharmaceuticals, toiletries, and cosmetics;

2. Food and kindred products, such as confectionery products, chocolate, cereal breakfast food, bakery products, paste products, fruits and vegetables, beverages, prepared food specialties (such as coffee, dehydrated and instant food, extracts, spices and dressings) and similar products;

3. Dairy products and byproducts such as milk, cream, cheese and butter, including the processing and bottling of fluid milk, and cream and wholesale distribution;

U. Manufacturing, assembling, packaging and development of computer equipment and software, and related products;

V. Recreational marijuana processors, producers and retail stores. All such uses shall meet the following development standards:

1. The definitions set forth in BMC 17.01.050 shall apply.

2. Recreational marijuana processors, producers and retail stores shall only be permitted when licensed by the state of Washington.

3. Location.

a. No more than one medical or recreational marijuana use or garden shall be located on a single parcel or in a single structure.

b. Shall be located fully within a permanent structure designed to comply with the city building code and constructed under a building permit from the city regardless of the size or configuration of the structure.

c. Shall not be located in a mobile structure.

d. Shall not be located within 1,000 feet of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or arcade, single-family residential zone or another medical or recreational marijuana use. The measurement shall be taken in a straight line from property boundary to property boundary.

e. No production, processing or delivery of marijuana may be visible to the public nor may it be visible through windows.

f. All requirements of state laws must be met.

g. All fertilizers, chemicals, gases and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system nor be released into the atmosphere outside of the structure where the garden is located.

h. No odors shall be allowed to migrate beyond the interior portion of the structure where the garden or processing facility is located;

W. Motor freight terminals and transportation;

X. Office with more than 50,000 square feet of floor space;

Y. Outside storage yards;

Z. Printing, publishing, and allied industries including such processes as lithography, etching, and engraving, binding, blueprinting, photocopying, and film processing;

AA. Dwelling units, existing;

BB. Topless club; provided, that it shall be located a minimum of 1,000 feet from any residential zone, 1,000 feet from any school, public or private, 1,000 feet from any church, and 1,000 feet from any park, measured along the right-of-way;

CC. Warehousing and distribution facilities, to include wholesale trade not open to general public. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.060 Permitted accessory uses.

A. Caretaker apartments;

B. Offices related to an on-site permitted use or larger than 50,000 square feet of floor area;

C. On-site day commercial child day center serving the employees of a permitted use;

D. On-site recreational facilities serving the employees of a permitted use;

E. Research, development and testing;

F. Eating and drinking establishment;

G. Retail and wholesale trade of products produced, manufactured, or assembled on site;

H. Telecommunication macro facilities may be permitted, subject to the following requirements, except as limited by the Telecommunications Act of 1996 as amended:

1. Macro facilities may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.

2. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.

3. Macro facilities shall comply with the height limitation specified for all zones except as follows: Omnidirectional antennas may exceed the height limitation by 15 feet, or in the case of nonconforming structures the antennas may extend 15 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

I. Existing monopole I and lattice towers may be extended in height to maximum of 160 feet in height without complying with setback requirements. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.070 Conditional uses.

The following uses shall be considered conditional uses and shall require a conditional use permit:

A. Auction houses, excluding animals;

B. Automobile wrecking yard;

C. Banks and financial institutions;

D. Car wash;

E. Family day care home;

F. Commercial child day care centers;

G. Eating and drinking establishments other than those serving a permitted use on the same site;

H. Equipment rental and leasing and sales;

I. Health and physical fitness clubs;

J. Mini-storage warehouses;

K. Offices with less than 50,000 feet of floor space and not accessory to a permitted use, including corporate headquarters;

L. Personal and household retail sales and service;

M. Reupholstery and furniture repair;

N. Secretarial services;

O. Small appliance repair;

P. Towing service;

Q. Vehicle repair, major and minor;

R. Animal auction houses;

S. Animal and food processing including the following:

1. Tanning and dressing of hides,

2. Curing, canning, freezing, canning and processing of meat and seafood,

3. Pickling and brine curing;

T. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum, gas and similar products, unless clearly incidental and secondary to support a principally permitted use;

U. Concrete mixing and batching plants, including ready-mix concrete facilities;

V. Drive-in theaters;

W. Government facilities, other than those listed as a permitted use;

X. Hotels;

Y. Radio and television transmitting towers;

Z. Rock crushing plants;

AA. Sales and rental of motorized vehicles;

BB. Transmission towers on Burlington Hill where co-location exists subject to the following additional criteria, except as limited by the Telecommunications Act of 1996 as amended:

1. Antennas may not extend more than 15 feet above their supporting structure, monopole, lattice tower, building or other structure;

2. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practicable. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area;

3. Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with chapter 17.80 BMC;

4. No equipment shall be operated so as to produce noise in levels above 45 dB as measured from the nearest property line on which the attached wireless communication facility is located;

5. New transmission towers and additional height on existing towers shall comply with performance standards for industrial uses adjacent to residential zones (BMC 17.70.115, 17.70.120 and 17.70.125);

CC. Utility substations, unless clearly incidental and part of a permitted use;

DD. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor space. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.080 Additional regulations.

A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use, subject to the requirements of the International Fire Code.

B. Industrial land abutting directly a residential zone shall provide for a transition to the residential use required in chapter 17.70 BMC, Supplemental Development Standards, and the following:

1. A six-foot screening fence and a 20-foot landscaped buffer designed for sight and noise baffling or a six-foot solid block wall and a 10-foot landscaped buffer designed for sight and noise baffling;

2. Uses generating noise after 9:00 p.m. shall not be permitted, including assembly occupancies, restaurants with cocktail lounges or dance floors, all night businesses and other similar types of uses. This shall not include shift work for the industrial use;

3. Measures shall be taken to prevent light and glare from being directed to residential uses; and

4. A 20-foot setback shall be required for sites that abut or adjoin a residential zone. This setback requirement shall also apply to sites which are separated from a residential zone by a street 50 feet or less in width and when the abutting property is located outside the city of Burlington. (Ord. 1857 § 2 (Exh. B), 2018).

17.60.090 Development standards.

A. Lot Area and Dimension.

1. Minimum lot area: none.

2. Minimum lot width: none.

3. Minimum lot depth: none.

B. Maximum Building and Impervious Surface Coverage.

1. Building coverage: none.

2. Impervious surface coverage: 80 percent.

C. Minimum Setbacks.

1. Front: none.

2. Side: none.

3. Street: none.

4. Rear: none.

D. Maximum building height: 45 feet except:

1. Buildings may exceed 45 feet if one foot of setback is provided from each property line for each foot the building exceeds 45 feet; and

2. An additional 15 feet of height may be permitted when parking is located under the building.

E. Fences. See BMC 17.70.070.

F. Parking. See chapter 17.85 BMC.

G. Landscaping. See chapter 17.80 BMC.

H. Signs. See chapter 17.95 BMC.

I. Performance Standards. See chapter 17.70 BMC. (Ord. 1857 § 2 (Exh. B), 2018).