Chapter 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT

The purpose of the Heavy Impact Industrial District is to implement the Heavy Impact Industrial land use designation of the Comprehensive Plan by supplying a reasonable amount of land, commensurate with demand, for the location and grouping of heavy impact industrial uses. Heavy industrial uses are primarily related to producing, distributing and changing the form of raw materials; whereby, product demand and industrial employment are predominately basic, that is, serving nonlocal markets. In addition, the purpose of this district is to encourage the siting of industrial uses which will optimize the limited resource of land available for heavy impact industry. A further purpose of this district is to minimize the scope of impacts generated within the HII District and to provide protection for nonindustrial districts situated outside thereof; as enabled through the district’s performance and development standards, and the buffer and setback requirements. (Ord. 98-083 Exh. A § 66, 1998).

20.68.050 Permitted uses.

Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of Chapters 16.08 WCC (SEPA), 20.80 WCC (Supplementary Requirements) and 22.05 WCC (Project Permit Procedures), and WCC Titles 21 (Land Division Regulations) and 23 (Shoreline Management Program). The purpose of the SIC numbers listed within this chapter is to adopt by reference other activities similar in nature to the use identified herein. (Policies of the subarea Comprehensive Plan may preclude certain permitted uses to occur in particular subareas. Please refer to the policies of the applicable subarea plan to determine the appropriateness of a land use activity listed below.)

.051 The manufacture and processing of food including meat (including packinghouses and slaughterhouses), dairy, fruits, vegetables, seafood, grain mill, large scale bakery, sugar and beverage products, provided the following criteria are met:

(1) Holding pens associated with packinghouses and slaughterhouses shall be limited to that necessary to accommodate animals intended for processing within 24 hours.

(2) The facility shall comply with the solid waste handling standards as set forth in Chapter 173-350 WAC, as administered by the Whatcom County health department as adopted by reference in Chapter 24.06 WAC.

(3) If required by the Washington State Department of Ecology, the following permits shall be obtained:

(a) State waste discharge permit (Chapter 173-216 WAC);

(b) Industrial stormwater permit – general permit (Chapter 173-226 WAC);

.052 Manufacturing and processing of textiles including weaving cotton, synthetic, silk or wool fabrics; knitting yarn and thread mills; textile bleaching, dyeing and printing; and carpet manufacture.

.053 The manufacture and processing of lumber and wood including sawmills; planing mills; millwork; veneer, plywood and prefabricated wood products; wooden containers and cooperage.

.054 The following are permitted uses except as otherwise prohibited:

(1) The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill products.

(2) The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals; synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac, lacquer and allied products; chemicals from gum and wood; and agricultural chemicals.

(3) The manufacture and processing of rubber and plastic products.

(4) Leather tanning and finishing.

(5) The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic mineral products.

(6) Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting, refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture of miscellaneous metal products.

(7) Storage of asphalt in the Heavy Impact Industrial Zone.

.055 The fabrication of metal products including metal cans, hardware, hand tools, cutlery, heating apparatus, plumbing fixtures, structural metal and stamping.

.056 The manufacture of machinery including engines; turbines; farm machinery and equipment; construction, mining and materials handling equipment; machine tools and dies; and special and general industrial equipment.

.057 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus.

.058 The manufacture of transportation equipment including automobiles, trucks, buses, airplanes, boat building and repair, railroad equipment, bicycles and motorcycles.

.059 Bulk commodity storage facilities, and truck, rail, vessel and transshipment terminals and facilities except as conditionally permitted under WCC 20.68.153 and 20.68.154 or prohibited under WCC 20.68.200.

.060 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power plants with generating capacity of less than 50,000 kilowatts, and other power plants utilizing renewable resources from solar, wind (Chapter 20.14 WCC) or water sources, except that coal-fired power plants are prohibited.

.061 Heavy construction contractors.

.062 Public uses and community facilities including police and fire stations, libraries, activity centers, community centers, park and recreation facilities identified in an adopted city or county Comprehensive Plan or Park Plan, and other similar noncommercial uses, excluding state education facilities and correction facilities.

.064 Repealed by Ord. 2024-071.

.063 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting.

.065 Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.

.066 Type 2 cannabis production facilities, subject to WCC 20.80.690.

.067 Cannabis processing facilities, subject to WCC 20.80.690.

.068 Existing fossil fuel refineries, existing fossil fuel transshipment facilities, renewable fuel refineries, renewable fuel transshipment facilities, piers and docks legally established as of August 8, 2021; provided, that when a permit is sought for a project proposed within or attached to a facility of such classification, the applicant must disclose any capacity changes defined under WCC 20.68.153 and 20.68.154 to the county permitting authorities. Provided that a conditional use permit is not required by WCC 20.68.153 or 20.68.154, permitted uses include repairs, improvements, maintenance, modifications, remodeling or other changes including but not limited to the following:

(1) Accessory and appurtenant buildings, structures, and processing equipment.

(2) Office space.

(3) Parking lots.

(4) Radio communications facilities.

(5) Security buildings, fire stations, and operation centers.

(6) Storage buildings.

(7) Routine maintenance and repair.

(8) Environmental improvements and other projects on the subject site that are required or provided to allow compliance with federal, state, regional, or local regulations, including modifications of fossil fuel facilities for purposes of co-processing biomass with petroleum.

(9) Road projects and bridges.

(10) Temporary trailers.

(11) Heating and cooling systems.

(12) Cable installation.

(13) Information technology improvements.

(14) Continuous emissions monitoring systems or analyzer shelters.

(15) Wastewater and stormwater treatment facilities.

(16) Replacement and upgrading of existing equipment.

(17) Safety upgrades.

(18) Pipelines carrying petroleum or petroleum products solely within the Heavy Impact Industrial Zoning District.

(19) Pipelines carrying natural gas solely within the Heavy Impact Industrial Zoning District.

(20) Renewable fuel production and shipment.

(21) Transferring fossil fuels during emergency scenarios where contingencies require fossil fuels to be moved.

(22) Necessary fossil fuels transfers during turn-arounds or maintenance periods.

(23) Storage tanks; provided, that the county decision maker shall include in any approval of an application for storage tanks at an existing fossil fuel refinery, fossil fuel transshipment facility, renewable fuel refinery, or renewable fuel transshipment facility a condition that the storage tank shall only be used in the manner described in the application and approved in the permit. The application and permit shall describe the intended use of the storage tank, including the type of fuel to be stored and, if located within a fossil fuel refinery or renewable fuel refinery, whether the storage tank will or will not be used for transshipment.

(24) Other similar structures or activities.

.070 New renewable fuel refineries or renewable fuel transshipment facilities, except that new piers, docks, or wharves in the Cherry Point Industrial District are prohibited.

.071 Expansion of existing legal renewable fuel refineries or renewable fuel transshipment facilities; provided, that the expansion is for renewable fuels only.

.081 Freight railroad switching yards and terminals, except as prohibited under WCC 20.68.200.

.082 Marine port facilities, except as prohibited under WCC 20.68.200.

.085 Type I solid waste handling facilities.

.086 Type II solid waste handling facilities.

.108 Day care centers.

.109 Battery energy storage systems of any storage capacity.

.110 Self-service storage facilities.

.111 Propane retail and distribution facility. (Ord. 2024-071 § 1 (Exh. A), 2024; Ord. 2024-021 § 3 (Exh. C), 2024; Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2022-048 § 1 (Exh. A), 2022; Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 2016-035 § 1 (Exh. A), 2016; Ord. 2015-006 Exh. A, 2015; Ord. 2014-041 Exh. A, 2014; Ord. 2008-043 § 1, 2008; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-078, 1999; Ord. 99-062, 1999; Ord. 98-083 Exh. A § 66, 1998; Ord. 91-075, 1991; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984).

20.68.100 Accessory uses.

.101 Employee recreation facilities and play areas.

.102 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the district.

.103 Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

.104 When auxiliary to a principally permitted use: electric utility facilities; substations; generating plants, if less than 50 megawatt (MW) net plant capability; gas works; sewage disposal facilities; solid waste landfills and incinerators.

.105 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use.

.106 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.

.107 Repealed by Ord. 2023-078.

.108 Electric vehicle rapid charging stations and battery exchange facilities.

.109 Inter-refinery shipments of refined products and intermediate materials such as unfinished oils and blendstocks. (Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2012-001 § 1 (Exh. A), 2012; Ord. 2009-34 § 1 (Att. A), 2009; Ord. 99-068, 1999; Ord. 89-10, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.68.130 Administrative approval uses.

.131 Commercial mushroom substrate production limited to the Cherry Point Industrial Area and pursuant to the requirements as contained in WCC 20.15.020(2) (commercial mushroom substrate production facilities). (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2006-031 § 1 (Exh. A), 2006).

20.68.150 Conditional uses.

The following uses require a conditional use permit in the HII Zoning District:

.152 Outside of the Bellingham Urban Growth Area, uses allowed in the Light Impact Industrial Zone as permitted uses, WCC 20.66.050, are allowed as conditional uses, subject to the following:

(1) Approval shall be supported by a finding by the hearing examiner that allowing the use will not limit the supply of land available to meet the demand for future heavy industrial uses.

(2) Filing of a deed restriction acknowledging that heavy industrial uses are the preferred uses in the zone and agreeing not to protest proposed heavy industrial uses allowed in the zone in accordance with Chapter 20.68 WCC, and to refrain from legal action against any heavy industrial use in compliance with the regulations of this title and any conditions of approval which might have been proposed.

.153 Expansion of existing fossil fuel refineries. For purposes of this section, an expansion is any development (including otherwise permitted or accessory uses), vested after August 8, 2021, that meets any one of the following applicable thresholds:

(1) Cumulatively increases the facility’s total maximum atmospheric crude distillation capacity for fossil fuels by more than 10,000 barrels (or 420,000 gallons) per day based upon an evaluation of physical equipment limitations conducted by a licensed professional engineer; or

(2) Cumulatively increases the facility’s total maximum transshipment capacity for fossil fuels by more than 10,000 barrels (or 420,000 gallons) per day based upon an evaluation of physical equipment limitations conducted by a licensed professional engineer in accordance with the definition of “maximum transshipment capacity” found in Chapter 20.97 WCC; or

(3) Increases the frequency of fossil fuel unit train shipments by rail unloaded or loaded at an existing facility in excess of limits, if any, established by county, state or federal authorities (where applicable) as of August 8, 2021, or the effective date of a previously approved conditional use permit, whichever is more recent.

If a conditional use permit is obtained, the baseline for determining the cumulative increases is reset.

.154 Expansion of existing fossil fuel transshipment facilities. For purposes of this section, an expansion is any development (including otherwise permitted or accessory uses), vested after August 8, 2021, that cumulatively increases the facility’s total maximum transshipment capacity for fossil fuels by more than 10,000 barrels (or 420,000 gallons) per day, based upon an evaluation conducted by a licensed professional engineer in accordance with the definition of “maximum transshipment capacity” found in Chapter 20.97 WCC.

If a conditional use permit is obtained, the baseline for determining the cumulative increases is reset.

.155 Treatment and storage facilities for hazardous wastes subject to the following:

(1) The criteria for a conditional use listed under WCC 22.05.026.

(2) The most current state siting criteria under Chapter 173-303 WAC.

(3) It shall be the responsibility of the applicant to document to the satisfaction of the approving body the anticipated sources, types, volumes and final disposition of hazardous wastes to be collected and the type of treatments associated with those wastes. The permit shall be limited exclusively to those types of wastes and treatments as documented and approved.

(4) Total off-site facility capacity shall be limited to that needed to treat and store wastes generated within Whatcom County by generators requiring off-site management of hazardous wastes; provided, however, waste streams may be sourced from other jurisdictions through interagency zone designation agreements as approved by the county council, not to exceed 10 percent of the total local hazardous waste stream.

(5) Prior to occupancy of the facility, the State Department of Ecology shall certify to the county that the facility has been constructed consistent with state requirements.

(6) As a condition of approval, the applicant shall be required to keep and maintain accurate and current records of the types, amounts, sources, and final disposition of hazardous wastes collected. The applicant shall provide such records annually to the county, or sooner upon county request. If the facility is found to be exceeding the waste stream limitations or permit restrictions, the county staff shall so report to the approving body who shall have the authority to revoke the permit, following a public hearing, if the limitation has been exceeded absent an emergency situation. Any emergency must be documented by county staff.

(7) Annual inspections of the facility shall be a minimum requirement. The applicant shall be required to forward copies of all facility inspection reports to the county. If deficiencies are found, the operator shall, within 15 days, submit to the county for approval an implementation schedule of corrective measures. Such schedule shall include specific completion dates and inspection reporting procedures.

If the state does not inspect the facility within the year, the applicant shall be required to arrange and bear all costs for an inspection by a qualified and independent inspection agency satisfactory to the county.

(8) Should the facility be found to consistently operate in a manner unsatisfactory to the county in regard to the public health and safety, the permit may be revoked by the approving body following a public hearing.

.156 Public and private parks facilities not included in an adopted city or county Comprehensive Plan or Park Plan.

.157 Trailheads with parking areas for more than 30 vehicles.

.158 Athletic fields.

.180 Major passenger intermodal terminals.

.187 Type III solid waste handling facilities; provided, that:

(1) The facility or site will not be located within the 100-year floodplain or the Lake Whatcom watershed. The facility or site will not be located within any area identified in an adopted critical areas ordinance unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation;

(2) Solid waste handling facilities shall be located at least 1,500 feet from the following:

(a) All zoning district boundaries, except Commercial Forestry and Industrial Zones;

(b) Public parks, public recreation areas, or publicly-owned wildlife areas;

(c) Archaeological and historical sites that are registered with the State Office of Archaeology and Historic Preservation;

(d) Shorelines that are within the jurisdiction of the Shoreline Management Program;

(e) Rivers, streams or creeks that contain documented threatened or endangered fish species;

(f) This 1,500-foot buffer does not apply to:

(i) Structures used for offices, storage areas for equipment, and weigh scales. These facilities shall be set back from the property line 100 feet or the standard zoning district setback, whichever is greater;

(ii) Inert landfills;

(3) Inert landfills shall be located at least 500 feet from the following:

(a) All zoning district boundaries, except Commercial Forestry and Industrial Zones;

(b) Public parks, public recreation areas, or publicly owned wildlife areas;

(c) Archaeological and historical sites that are registered with the State Office of Archaeology and Historic Preservation;

(d) Shorelines that are within the jurisdiction of the Shoreline Management Program;

(e) Rivers, streams or creeks that contain documented threatened or endangered fish species;

(f) This 500-foot buffer does not apply to:

(4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right-of-way;

(5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed;

(6) The facility or site has complied with the provisions of WCC 22.05.026 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites;

(7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-350 WAC, and the closure plan includes:

(a) Reclamation in two- to 10-acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and

(b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post-closure activities;

(8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 (Landscaping);

(9) Solid waste facilities or sites shall be located outside the 10-year time of travel boundary of a public water system’s delineated wellhead protection area;

(10) Solid waste facilities or sites that handle putrescible waste will be located at least 10,000 feet from airports serving turbine-powered aircraft and at least 5,000 feet from airports serving piston-powered aircraft. These buffers shall be measured from the boundary of the Airport Operations Zone or, if the airport is not within an Airport Operations Zone, from the boundary of the airport property;

(11) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to protect the value and enjoyment of existing adjacent uses.

.188 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC. (Ord. 2024-071 § 1 (Exh. A), 2024; Ord. 2023-042 § 1 (Exh. A), 2023; Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-078, 1999; Ord. 91-075, 1991; Ord. 91-013, 1991; Ord. 88-76, 1988).

20.68.200 Prohibited uses.

All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not limited to the following, which are listed here for purposes of clarity:

.201 Reserved.

.202 Adult businesses.

.203 Repealed by Ord. 2024-071.

.204 New fossil fuel refineries or transshipment facilities.

.206 New piers, docks, or wharves in Cherry Point Industrial District.

.207 Coal-fired power plants.

.208 Aerial application of chemicals, including but not limited to pesticides and insecticides, previously regulated by the DNR as Class I, II, III or IV - Special forest practices, when located within an urban growth area.

.209 Slash burning, when located within an urban growth area. (Ord. 2024-071 § 1 (Exh. A), 2024; Ord. 2022-035 Exh. A, 2022; Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 2016-011 § 1 (Exh. L), 2016; Ord. 99-078, 1999; Ord. 99-070 § 2, 1999; Ord. 91-075, 1991).

20.68.210 Use allowances specific to the Bellingham Urban Growth Area.

This section modifies the permitted (WCC 20.68.050) and prohibited uses (WCC 20.68.200) for HII-zoned properties in the Bellingham Urban Growth Area, within which the following uses are permitted or prohibited, as indicated. All other accessory (WCC 20.68.100), administrative (WCC 20.68.130), and conditional uses (WCC 20.68.150) remain the same.

. 212 Except as prohibited by WCC 20.68.216, uses allowed in the Light Impact Industrial district as permitted uses (WCC 20.66.050) shall be permitted uses within the Heavy Impact Industrial District.

.216 The following uses are prohibited:

(1) Fossil or renewable fuel refineries or transshipment facilities, and the primary manufacturing of products thereof;

(2) Primary manufacturing and processing of rubber, plastics, paper, asbestos;

(3) Primary metal industries including blast furnaces and steel works and mills for primary smelting;

(4) Metal recycling or any outdoor manufacturing, storage, or processing of metal products described in WCC 20.68.054(6);

(5) Primary manufacturing of chemicals and associated products, including industrial inorganic and organic chemicals; synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac, lacquer and allied products; chemicals from gum and wood; and agricultural chemicals;

(6) Packinghouses and slaughterhouses and associated holding pens, except for seafood facilities;

(7) Asphalt storage;

(8) Hazardous waste treatment and storage facilities as a primary use;

(9) Type I, II, or III solid waste handling facilities;

(10) Thermal power plants as a primary use;

(11) Battery energy storage systems (BESS) of greater than 20 megawatts that run for a duration of four hours or greater;

(12) Type 2 cannabis production facilities;

(13) Cannabis processing facilities. (Ord. 2024-071 § 1 (Exh. A), 2024).

20.68.250 Minimum lot size.

The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage, buffer and development standards of the district. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 97-057 § 1, 1997; Ord. 96-046 § 1, 1996).

20.68.255 Minimum lot frontage.

For the purpose of dividing property, minimum lot frontage shall be sufficient to provide adequate access and utility development, and meet applicable building setback, buffer, and development standards of the district. In no case shall the frontage be less than 30 feet. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 99-045 § 1, 1999).

20.68.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.80.200, 20.80.254 and 20.68.550. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 99-078, 1999).

20.68.400 Height limitations.

No maximum height is established; however, when a building exceeds 50 feet, the setback requirements of WCC 20.80.200 shall be increased by one foot for each foot of building height in excess of 50 feet, as applicable to all setbacks. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.450 Lot coverage.

The maximum building or structural coverage shall not exceed 60 percent of the lot size. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.500 Open space.

Repealed by Ord. 97-057. (Ord. 96-046, 1996).

20.68.550 Buffer area.

.551 The industrial user shall establish a buffer for building sites adjoining the boundary of the Heavy Impact Industrial District (HII), which shall be located adjacent to the district boundary. The purpose of the buffer is to optimize the visual appearance of the site by obscuring industrial activity from view by passing motorists, to contribute to on-site and off-site impact abatement, and to move towards attaining compatibility with surrounding nonindustrial land uses and character.

.552 To implement the buffer requirements of this district, minimum setbacks for heavy industrial buildings and accessory structures shall be established consistent with the following options:

(1) If a planting screen is not provided by the industrial user and no natural vegetative screening exists, the minimum setback(s) shall be 660 feet, as measured from the edge of the district boundary. The setback area may be used for security roads, parking, or open space.

(2) If natural sight-obscuring and dense vegetation exists, the minimum setback(s) shall be 250 feet, as measured from the district boundary; provided, that a minimum width of 50 feet of natural vegetation is retained. The remainder of the setback(s) may be used for security roads, parking, or open space.

(3) If a 50-foot buffer planting screen is established, pursuant to WCC 20.80.345, the minimum setback(s) shall conform to the setback requirements of WCC 20.80.200, as measured from the district boundary. In addition, security roads may be situated within the minimum buffer setback; provided, that the 50-foot-wide buffer planting is established.

(4) When a parcel situated within this district is located within the Bellingham Urban Growth Area and adjoins an Urban Residential District or residential district within the city limits, setbacks for heavy industrial buildings and/or uses shall be increased to 100 feet and landscaped in accordance with the requirements of WCC 20.80.345.

(5) In no case shall the setback from the northern and western boundaries of the Cherry Point Heavy Industrial Area not contiguous to another industrial zone be less than 660 feet, nor the natural vegetation removed except for parking and security or protective uses.

.553 Uses other than heavy industrial will conform to the normal setback requirements as set forth in WCC 20.80.200 and 20.80.254(3) and the buffering requirements for light impact industrial uses WCC 20.66.551.

.554 If any part of said buffer area is separated from, or sold to any contiguous or adjacent owner, lessee or user, the parcel so separated or sold shall be used only as a buffer area in accordance with the above requirements. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 99-078, 1999; Ord. 97-057 § 1, 1997; Ord. 96-046 § 1, 1996; Ord. 89-117, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.68.600 Sign regulations.

Sign regulations shall be administered pursuant to WCC 20.80.400. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.650 Development criteria.

(Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 96-056 Att. A § A1, 1996).

20.68.651 Landscaping.

Refer to WCC 20.80.300 for landscaping requirements. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 89-117, 1989).

20.68.652 Off-street parking and loading.

Off-street parking and loading provisions shall be administered pursuant to WCC 20.80.500. In addition, loading areas must be located in such a manner that no loading, unloading and/or maneuvering of trucks associated therewith takes place on public rights-of-way. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.653 Drainage.

All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635. No project permit shall be issued prior to meeting those requirements. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 96-056 Att. A § A2, 1996; Ord. 94-022, 1994).

20.68.654 Driveways.

Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of Transportation, as applicable. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 84-38, 1984).

20.68.655 Access.

Access shall conform to the provisions of WCC 20.80.565 and 20.80.660. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 89-117, 1989).

20.68.656 Maintenance.

The owner, lessee or user shall be responsible for maintaining an orderly appearance of all properties, and shall be responsible for assuring the care and maintenance of any natural growth, where appropriate. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.657 Enclosure.

All manufacturing or fabrication processes which have the potential to produce off-site impacts of a detrimental nature, including light, glare, odors and noise impacts, shall be sufficiently enclosed to mitigate the impacts. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 99-078, 1999).

20.68.700 Performance standards.

(Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.701 Pollution control and nuisance abatement.

Each industry is required to continuously employ the best pollution control and nuisance abatement technology when reasonably and practicably available for each particular industry; provided, that where federal, state, or regional laws or regulations provide for the level of technology to be employed, the appropriate standards shall apply. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.702 Heat, light and glare.

All operations and facilities producing heat, light or glare, including exterior lights, shall be so constructed, screened or used as to not unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.703 Ground vibration.

No ground vibration other than that caused by highway vehicles, trains or construction activity shall be permitted, which is discernible without instruments, at or beyond the property line for the use concerned. (Ord. 2021-046 § 3 (Exh. C), 2021).

20.68.704 Odors.

(1) Except as specified in subsection (2) of this section, no odor, dust, dirt, or smoke shall be emitted that is detectable at or beyond the property line, for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district.

(2) For cannabis production or processing facilities, odor shall be regulated pursuant to WCC 20.80.690(3)(g). (Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 91-075, 1991).

20.68.705 Noise.

No use in this district shall exceed the maximum environmental noise level established by Chapter 173-60 WAC. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 91-075, 1991).

20.68.706 Toxic gases and fumes.

Any release of toxic gases or fumes must be in compliance with Washington State and Northwest Air Pollution Control Authority standards. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 91-075, 1991).

20.68.707 Liquid pollutants.

There shall be no off-site release to soil or surface drainage ways of water borne or liquid pollutants. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 91-075, 1991).

20.68.708 Appearance.

New facilities developed in the Bellingham Urban Growth Area shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and such uses shall not change the essential character of the same area. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 99-078, 1999).

20.68.709 Marijuana odor.

Repealed by Ord. 2022-011. (Ord. 2021-046 § 3 (Exh. C), 2021; Ord. 2015-006 Exh. A, 2015).