Chapter 20.69 RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT

The purpose of the Rural Industrial and Manufacturing District is to provide for industrial and manufacturing uses that are commonly accepted in the rural area, with preference to those uses which facilitate the production of agricultural, forest, and aquatic products; and to provide employment opportunities for residents of the rural area. This zoning designation allows related processing facilities, limited direct resource sales and limited support services that are not detrimental to the natural resource base in the long term. The district shall comply with the rural land use policies and criteria set forth in the Comprehensive Plan. This district may be located in either a rural community or rural business area. To retain and enhance the job base in rural areas, the county must have the flexibility to retain existing businesses and allow them to expand, as per RCW 36.70A.011. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.050 Permitted uses.

The following permitted uses shall be allowed subject to an evaluation by the zoning administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC.

.051 Uses related to agriculture including, but not limited to:

(1) Commercial operations, except for commercial mushroom substrate production facilities as provided for in Chapter 20.15 WCC, that directly provide agricultural goods or services to farmers. Examples of agricultural commercial operations include, but are not limited to: agricultural parts and implement sales, farm management services, livestock auction facilities, hay sales and storage, sawdust sales and storage, and farm chemical applicator establishments. These operations must abide by the limitations of WCC 20.69.108, and otherwise as outlined in this chapter.

(2) The processing of agricultural products that originate from the permitted uses in WCC 20.40.050; provided, that the facility is not a mushroom substrate production facility and the facility processes at least 50 percent agricultural goods produced in Whatcom County.

(3) Animal hospital and accessory kennels and stables.

(4) Commercial composting and mulching facilities other than commercial mushroom substrate production facilities as provided for in Chapter 20.15 WCC.

(5) Fabrication, maintenance, repair, storage, service and accessory sales of agricultural implements and farm equipment.

(6) Metal agricultural implement and farm equipment recovery and recycling.

(7) Confined feeding operations less than 40 acres.

(8) Storage and distribution of animal feeds, fertilizers, pesticides and seed.

(9) Plant nurseries and greenhouses for storage, propagation and culture of plants, including sales as an accessory use.

.052 Uses related to forestry including, but not limited to:

(1) Fabrication, maintenance, repair, service and accessory sales of forestry related items, within the limitations of WCC 20.69.108 and elsewhere as outlined in this chapter.

(2) Forest industry storage and maintenance facility.

(3) Forestry management services and forest industry support services.

(4) Log scaling station.

(5) Manufacturing wood products and containers.

(6) Operation of sawmills, chippers, shake and shingle mills, scaling stations, log dumps, sorting and storage areas; forest industry equipment maintenance and storage yards, and forest industry residue dumps and other uses involved in the harvesting and primary processing of timber; provided:

(a) The intent of processing is initial reduction in bulk and/or to facilitate transport to secondary processing centers; and

(b) All uses within 1,000 feet of a park, recreation area or zone district other than Rural, Agriculture or Industrial shall be temporary and of less than 12 months’ duration.

(7) Wood waste recycling.

.053 Uses related to aquatic resources including, but not limited to, the following:

(1) Fabrication, maintenance, service, storage, repair and accessory sales of equipment, vessels, and structures associated with aquatic natural resource industries, within the limitations of WCC 20.69.108 and elsewhere as outlined in this chapter.

(2) Aquaculture, including but not limited to management and propagation of fish and wildlife, upland fish farming, seafood and shellfish processing and accessory on-site sales.

.054 Construction contractors’ business offices and storage and equipment yards, including the assembly and manufacturing of prefabricated wood building and components.

.055 Manufacture of miscellaneous textile goods and fabrication of apparel including clothing, hats, caps, millinery fur products, and miscellaneous fabricated textile products.

.056 Fabrication of furniture and fixtures including household, office and public building furniture; and partitions, shelving and lockers.

.057 Fabrication of paper products including paperboard containers, boxes, carrion boxes and paper containers.

.058 Printing and publishing newspapers, periodicals and books; commercial printing; book binding; and manufacture of manifold business forms and greeting cards.

.059 Fabrication of leather products including belting; packing; cut stock and findings for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal leather goods and handbags.

.060 Fabrication of glass products including glass products from prepared materials; stone cutting; and monuments.

.061 Processing and packaging of drug, pharmaceuticals, perfumes, cosmetics, supplements and remedies, when associated with derivatives from local agriculture or other local resources.

.062 Fabrication of electrical equipment including industrial apparatus and household appliances, radio and television sets; communications equipment; electrical components and accessories; and electric lighting equipment and lamps.

.063 Fabrication of instruments, photographic goods, optical goods, watches and clocks, and including engineering, scientific, surgical, medical, dental and ophthalmic products.

.064 Manufacture and fabrication of jewelry, silverware, plated ware, musical instruments and parts, toys, sporting and athletic goods; pens, pencils and other office and artistic supplies; novelties, buttons and notions; and miscellaneous manufacture.

.065 Rail, truck and freight terminals; warehousing and storage; parcel delivery service; freight forwarding; inspection weighing services; and packaging and crating.

.066 Communications including telephone exchanges, and radio and television stations. Broadcast towers require a conditional use permit pursuant to WCC 20.82.030(5).

.068 Eating establishments, convenience grocery stores, cafes and gas stations operating primarily for the convenience of employees, clients and customers of the district; providing the following criteria are met:

(1) Maximum floor area of building is 3,000 square feet;

(2) No more than two pump islands for each gas station;

(3) Centrally located within the district to primarily serve the industrial uses of this district and not to primarily serve adjacent nonindustrial uses.

.069 Manufacture, processing, treatment or fabrication of metal products and machinery; provided, that smelters and remelting mills, and the manufacturing of turbines, oil machinery, mining machinery, industrial process ovens, paper, and textile or rolling mill machinery shall be prohibited.

.070 Fabrication of rubber products from finished rubber only and manufacture of miscellaneous plastic products from purchased resins only.

.071 Manufacture of glass, glass products, pottery and related products, and cutting and shaping of stone products.

.072 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed the exempt criteria stated in the adopted edition of the International Building Code, 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.

.073 Secure community transition facilities for sex offenders, when located outside of the Cherry Point Major Port Industrial Urban Growth Area.

(1) A secure community transition facility shall not be located adjacent to, immediately across the street or parking lot from, or within the line of sight of existing risk potential facilities, which are:

(a) Public schools;

(b) Private schools;

(d) Licensed day care;

(e) Licensed preschool facilities;

(f) Public parks;

(g) Publicly dedicated trails;

(h) Sports fields;

(i) Playgrounds;

(j) Recreational and community centers;

(k) Churches, synagogues, temples or mosques;

(l) Public libraries;

(m) Public and private youth camps; and

(n) Other uses identified by the State Department of Social and Health Services pursuant to RCW 71.09.020.

“Within the line of sight” shall mean that it is possible to reasonably visually distinguish and recognize individuals. An unobstructed visual distance of 600 feet shall be considered to be within the line of sight. Line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk potential facility from the secure community transition facility.

(2) No more than one secure community transition facility, with a maximum of three people (other than staff), shall be located within Whatcom County.

.074 Historic sites open to the public, including natural systems education and/or interpretive areas, and trails, trailheads, rest room facilities and associated parking areas for no more than 30 vehicles.

.075 Public community facilities.

.076 Wholesale trade or storage of durable and nondurable goods; provided trade, storage or processing of sulphur shall be prohibited. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.100 Accessory uses.

.101 Employee recreation facilities and play areas.

.102 Explosives storage operated in compliance with Chapter 70.74 RCW.

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

.104 Metalworking shop for the maintenance and repair of equipment used by the primary permitted use.

.105 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.

.106 Testing and experimentation in connection with a principally permitted use.

.107 Other accessory uses and buildings, including offices, security and a caretaker residence, customarily appurtenant to a principally permitted use.

.108 Retail trade of merchandise manufactured, assembled or stored on site within the definition of accessory uses as defined in Chapter 20.97 WCC; provided retail facilities do not exceed 15 percent of the total floor area of all buildings located on site.

.109 Childcare facilities operated by, maintained by or funded by businesses in the district for the purpose of serving the childcare needs of employees whose place of employment lies within this zone district; provided, that childcare facilities in a family dwelling shall conform to the definition of home occupation, WCC 20.84.150. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.130 Administrative approval uses.

The following uses are permitted with administrative approval pursuant to WCC 20.84.235:

.131 Agricultural slaughtering facilities, if done in compliance with WAC Title 16 (Department of Agriculture) and RCW Title 16 (Animals and Livestock).

.132 Temporary storage of moved buildings including manufactured homes, provided storage is:

(1) Only for periods less than 12 months duration; and

(2) Limited with no work or maintenance done to the structure while in storage; and

(3) Limited further with no structure used for any other use than to be temporarily stored on site.

.133 Storage or salvage of unlicensed/inoperable vehicles if done in compliance with Chapter 46.80 RCW. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.150 Conditional uses.

Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.84 WCC (Variances, Conditional Uses and Appeals).

.151 Manufacture, batching and recycling of hydraulic cement, concrete gypsum and plaster products, abrasive asbestos, sand, and miscellaneous nonmetallic mineral products.

.152 Petroleum products and gas storage – bulk.

.153 Confined feeding operations greater than 40 acres.

.154 Repair, service and accessory sales for motor vehicles provided the use or uses are not expected to generate significantly more traffic than that which would ordinarily be expected by an industrial use of comparable intensity.

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

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

.157 Athletic fields.

.158 Intermediate passenger intermodal terminals.

.159 State education facilities.

.160 Type I solid waste handling facilities.

.161 Type II solid waste handling facilities.

.162 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 20.84.200 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; and

(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.

.163 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. 2011-013 § 2 Exh. B, 2011).

20.69.200 Prohibited uses.

.201 All other uses.

.202 Adult businesses. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.250 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. 2011-013 § 2 Exh. B, 2011).

20.69.255 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. 2011-013 § 2 Exh. B, 2011).

20.69.300 Maximum building size.

.301 Except as otherwise specifically allowed in this chapter, in a rural community designation, the allowable building floor area shall not exceed 22,000 square feet, or a larger size if consistent with the size, scale, use or intensity of similar uses that existed on July 1, 1990, within the areas currently zoned RIM and designated as a rural community. Determination on consistency with 1990 uses shall be made by the planning and development services department and may be appealed per the process described in WCC 20.84.240.

.302 In a Rural Business designation, the maximum allowable floor area is 35,000 square feet. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.69.550 and 20.80.200. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.400 Height limitations.

No maximum structure height is established; however, when building height exceeds 35 feet, the setback requirements of WCC 20.80.200 shall be increased by one foot for each foot of building height in excess of 35 feet, as applicable to all setbacks. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. Piles of materials, including those stored and/or processed on site, shall not exceed 35 feet. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.450 Lot coverage.

Reserved. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.500 Open space.

At least 10 percent of the site shall be kept free of buildings, structures, stored materials, hard surfacing, parking areas and other impervious surfaces. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.550 Buffer area.

.551 When a parcel situated within this district adjoins an Agriculture, Rural or Residential Rural District, or county or state roads designated as or proposed for improvements to principal arterial status, setbacks of adjoining area shall be increased to 25 feet. Unless adjoining an Agriculture Zoning District, said area shall be landscaped consistent with the requirements of WCC 20.80.345.

.552 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. 2011-013 § 2 Exh. B, 2011).

20.69.600 Sign regulations.

Sign regulations shall be administered pursuant to WCC 20.80.400. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.650 Development criteria.

(Ord. 2011-013 § 2 Exh. B, 2011).

20.69.651 Facility design.

Rural Industrial and Manufacturing developments within this zone district should be designed to accommodate additional industrial, manufacture, or commercial development on adjacent RIM or other commercially zoned property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof-mounted mechanical equipment so as not to be visible by surrounding uses or roads.

Design of a proposed use in the Rural Industrial and Manufacturing Zone District shall be consistent with the Comprehensive Plan rural land use chapter. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.652 Landscaping.

Refer to WCC 20.80.300 for landscaping requirements. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.653 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. 2011-013 § 2 Exh. B, 2011).

20.69.655 Drainage.

All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted.

No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Development Standards. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.656 Driveways.

Pursuant to WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of Highways, as applicable. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.657 Access.

Access shall conform to the provisions of WCC 20.80.565 and 20.80.660. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.658 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. All required yards, parking areas, storage areas, operation yards and other open uses on the site which are adjacent to a public right-of-way shall be maintained in a neat and orderly manner appropriate for the district at all times. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.659 Enclosure.

All manufacturing or fabrication processes which produce physical off-site impacts of a detrimental nature shall be sufficiently enclosed to mitigate the impact. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.700 Performance standards.

(Ord. 2011-013 § 2 Exh. B, 2011).

20.69.701 Pollution control and nuisance abatement.

Each industrial and/or manufacturing activity is required to continuously employ the best pollution control and nuisance abatement technology when reasonable and practicably available; 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. 2011-013 § 2 Exh. B, 2011).

20.69.702 Heat, light and glare.

All operations and facilities producing heat, light or glare, including exterior lighting, 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. 2011-013 § 2 Exh. B, 2011).

20.69.703 Ground vibrations.

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. 2011-013 § 2 Exh. B, 2011).

20.69.704 Odor, dust, dirt, and smoke.

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. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.705 Noise.

No use in this district shall exceed the maximum environmental noise level established by Chapter 173-60 WAC. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.706 Toxic gases and fumes.

There shall be no emission of toxic gases or fumes. (Ord. 2011-013 § 2 Exh. B, 2011).

20.69.707 Liquid pollutants.

There shall be no off-site release to soil or surface drainage ways of water borne or liquid pollutants. (Ord. 2011-013 § 2 Exh. B, 2011).