Chapter 19.25 I INDUSTRIAL ZONE

19.25.010 Established.

19.25.020 Purpose.

19.25.030 Primary permitted uses.

19.25.035 Accessory permitted uses.

19.25.040 Performance standards--Generally--Determination--Authority.

19.25.050 Performance standards--Air contaminants.

19.25.060 Performance standards--Odors.

19.25.070 Performance standards--Gases.

19.25.080 Performance standards--Air solids.

19.25.090 Performance standards--Sewage wastes.

19.25.100 Performance standards--Noise.

19.25.110 Performance standards--Glare and heat.

19.25.120 Required bulk regulations, height limits and setbacks.

19.25.010 Established.

The following industrial zones are established:
I-1, industrial district-1, an industrial district allowing a variety of industrial uses, controlled primarily by performance standards;
I-2, industrial district-2, an industrial district but having limitations regarding bulk, setbacks, and uses with performance standards. Including, industrial and office parks, veterinary clinics and veterinary laboratories. (Ord. 1000 § A(part), 1995).

19.25.020 Purpose.

The essential function of the I industrial zones is to provide a suitable area in which manufacturing is conducted. From each use located therein there shall be a minimum of air pollution, air contamination, emission of odor, gases, noise and the origin of sewage wastes which shall be controlled in accordance with the standards contained in this chapter. (Ord. 1000 § A(part), 1995).

19.25.030 Primary permitted uses.

Any manufacturing, reduction, assembling, warehousing or other light or heavy industrial uses permitted in any I zone, which are hazardous to public health, safety and welfare by reason of air contamination, air pollution, emission of odors, gas or noise, or emission of sewage wastes, shall conform to the performance standards contained hereinafter.
In addition, the permitted uses of each industrial zone are tabulated below:
N = Not allowed
P = Permitted use
C = Conditional use permit required
LAND USE
I-1
I-2
Industrial land uses with intense chemical and processing facilities, subject to the performance standards shown herein
P
C
Wholesaling and warehouses
P
P
Industrial assembly of goods
P
P
Processing plants
P
C
Industrial parks
P
P
Business parks
C
P
Retail sales
N
P1
Medical/dental and veterinary laboratories
N
P
Schools
N
C
Equipment open storage with landscaped buffers
P
P
Manufacture, fabrication, assembling products, distribution of products, woodworking shops and metalworking shops
P
P
On-site hazardous waste treatment and storage as an accessory use to any activity generating hazardous waste and lawfully allowed in the zone, provided that such facilities meet the state siting criteria adopted pursuant to the requirements of Chapter 70.105.210 RCW
P
P
Liquefied Petroleum Storage Station, subject to Uniform Fire Code Standards 82-1 Section 3-2.2
P
P
Residential housing units
N
N
Medical services overlay
N
P
1 Retail sales are permitted within I-2 zone when specially approved by the planning commission and city council with the following conditions: (a) the proponent for the request is a not-for-profit organization related to an educational purpose; (b) the proposed location is within three hundred feet of an educational facility; (c) the use is limited to two years or less in an industrial location and the city council may grant two-year extensions; (d) the fire chief and building official must perform a safety inspection and any necessary safety improvements be completed prior to occupancy of the building; and (e) restrooms must be available for use at the site.

(Ord. 1293 § C, 2007; Ord. 1081 § D, 1999: Ord. 1061, 1998; Ord. 1000 § A(part), 1995).

19.25.035 Accessory permitted uses.

The sale and service of products manufactured or assembled on-site is permitted as an accessory use to the primary use permitted above. This may include an area set aside for demonstration or exhibition purposes. Please refer to Section 17.01.030 for the definition of accessory use. (Ord. 1081 § E, 1999).

19.25.040 Performance standards--Generally--Determination--Authority.

The following sections contain performance standards to be applied to any use permitted in any I zone. In applying the performance standards, the building inspector shall make or cause to be made all technical measurements and determinations relating thereto. (Ord. 1000 § A(part), 1995).

19.25.050 Performance standards--Air contaminants.

A. Air contaminants shall be less dark in shade than that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, except that No. 2 is permitted for one three-minute period in any hour.
B. Air contaminants, of such an opacity as to obscure an observer’s view to a degree equal to or greater than described in subsection A of this section, shall not be permitted, except that smoke in the range of white or cream may be excepted by the application of this rule.
C. Particulate matter or dust, as measured at and by any generally accepted manner, shall not be emitted in excess of three-tenths grains per cubic foot, as corrected to a temperature of five hundred degrees Fahrenheit, except for one period of four minutes in any one-half hour, when it can equal but not exceed six-tenths grains per cubic foot, as corrected to a temperature of five hundred degrees Fahrenheit.
D. Particulate matter shall not be emitted to become deposited on the property of others in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life or property, or which unreasonably interferes with enjoyment of life and property. (Ord. 1077 § F, 1999: Ord. 1000 § A(part), 1995).

19.25.060 Performance standards--Odors.

The emission of odors which are unreasonably offensive or obnoxious to any considerable number of persons within a residential zone shall be prohibited. (Ord. 1081 § G, 1999: Ord. 1000 § A(part), 1995).

19.25.070 Performance standards--Gases.

The following gases, sulfur dioxide and hydrogen sulfide, shall not exceed 0.4 parts per million (PPM) or as shown in Table 1; carbon monoxide shall not exceed twenty-five parts per million; nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the source of emission; provided, however, there shall not be discharged from any source whatsoever, such quantities of air contaminants or other material which cause injury, detriment, nuisance or unreasonable annoyance to any considerable number of persons, or to the public, or which endanger the comfort, repose, health or safety of any such persons, or the public, or which cause or have a natural tendency to cause injury or damage to business or property.
Table 1
Maximum Allowable Sulfur Dioxide Concentrations
Concentration
Average Time
Frequency of Occurrence
1.0 PPM
5 minutes
Once in any 8 consecutive hours
0.4 PPM
60 minutes
Never to be exceeded
0.25 PPM
60 minutes
Twice in any 7 consecutive days
0.10 PPM
24 hours
Never to be exceeded
0.04 PPM
30 days
Never to be exceeded
0.02 PPM
365 days
Never to be exceeded

(Ord. 1081 § H, 1999: Ord. 1000 § A(part), 1995).

19.25.080 Performance standards--Air solids.

Smoke, dust, dirt and fly ash shall not exceed 0.3 grains per cubic foot of flue gas at stack temperature of five hundred degrees Fahrenheit, and not exceed fifty percent excess air, and shall in no instance be unclean, destructive, unhealthful or hazardous; nor shall visibility be impaired by the emission of a haze which unduly impedes vision with an apparent opaqueness equivalent to No. 2 of the Ringelmann Chart. (Ord. 1000 § A(part), 1995).

19.25.090 Performance standards--Sewage wastes.

A. No waste shall be discharged into the public sewer system which is dangerous to the public health and safety. These standards shall apply at the point where wastes are discharged into the public sewer, or any stream of water or other drainage course. Acidity or alkalinity shall be neutralized within an average pH (unit of measurement of acidity) range of between 5.5 and 7.50 as a daily average on the volumetric basis, with a temporary variation of pH 4.0 to 10.0.
B. Wastes shall not contain cyanide, and no chlorinated solvents shall be in excess of 0.1 part per million. No sulfide, sulfur dioxide and nitrous oxide gases.
C. Wastes shall not contain any insoluble substances in excess of ten thousand parts per million, or exceed a daily average of five hundred parts per million, or fail to pass a No. 8 standard sieve, or have a dimension greater than one-half inch. Wastes shall not have a chlorine demand greater than fifteen parts per million. Wastes shall not contain phenols in excess of 0.05 parts per million.
D. Wastes shall not contain any grease or oil or any oily substances in excess of one hundred parts per million, or exceed a daily average of twenty-five parts per million. (Ord. 1000 § A(part), 1995).

19.25.100 Performance standards--Noise.

Any manufacturing or industrial use shall meet the standards of the noise ordinance and the following subsections of the ordinance codified in this title. If there is a conflict between the ordinance codified in this title and the noise ordinance, the ordinance having the more stringent standards shall govern.
A. Automatic screw machines are permitted when operated with noise silencers and when located not less than two hundred feet from any zoned residential district.
B. Stamping machines, punch presses and press brakes shall be permitted when such machines shall be placed on shock-absorbing mountings and on a suitable reinforced-concrete footing.
C. No machine shall be loaded beyond capacity as prescribed by the manufacturer, and such machines may have a capacity up to fifty tons when located two hundred fifty feet from any residential zone or residential use, one hundred tons when located three hundred feet from any residential district or residential use, and one hundred fifty tons when located five hundred feet from any residential zone or residential use.
D. Hot forging, steam or bored hammers shall be permitted when located at least one thousand feet from any zoned residential district and/or existing residential use, and such operations shall be located within a masonry building on suitably reinforced concrete mat, or solid rock, and mounted on shock absorbers that reduce vibration to a reasonable minimum.
E. The noise in decibels, as measured at the street or property line, shall not exceed sixty-five decibels of sound, and shall be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness, and such noise shall not in any case exceed the street traffic noise during a normal day, when the employees arrive or leave the place of manufacturing. (Ord. 1000 § A(part), 1995).

19.25.110 Performance standards--Glare and heat.

Glare and heat shall be prohibited, and any glare and heat from arc welding, acetylene torch cutting or other similar processes shall be performed so as not to be seen from any city street or right of way or beyond the property line. Fire and safety hazards, the storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with the most current standards established therefor by the National Fire Underwriters Association, and shall not be located within one thousand feet of any residential property or residential use. (Ord. 1081 § I, 1999: Ord. 1000 § A(part), 1995).

19.25.120 Required bulk regulations, height limits and setbacks.

The following bulk, height and setback regulations are established for each industrial zone:

I-1
I-2
Permitted lot coverage
60%
45%
Front setback


From Guide-Meridian Highway (State Route 539) from centerline of existing right-of-way:


East side of SR 5393
100 ft.
100 ft.
West side of SR 5393
110 ft.
110 ft.
From Badger Road (State Route 546), Main Street, Birch Bay Lynden Road, Berthusen Road from centerline of existing right-of-way3
100 ft.
100 ft.
From other front property lines
15 ft.
20 ft.
Rear setback1
0
20 ft.
Rear setback if adjacent to residential zone
20 ft.
30 ft.
Side setback1
0
10 ft.
Side setback if adjacent to residential zone
20 ft.
30 ft.
Corner lot side yard setback to street line
15 ft.
20 ft.
Height limit2
60 ft.
40 ft.
1 May have “0” setback in Drayton Street and Judson Street I-2 areas.
2 Higher height limits may be obtained by conditional use permit.
3 Once the required right-of-way for planned improvements has been acquired through dedication, setbacks shall be consistent with the setback requirements listed in this section.

Industrial properties on state highways shall not be smaller than five acres (three hundred foot minimum frontage), unless already existing or accessed solely by an access road other than a state highway. (Ord. 1051 § A(part), 1997; Ord. 1000 § A(part), 1995).