Items indicated by an "" are not allowed outside rural communities and urban growth areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public.
.151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excluding correction facilities.
.152 Outside rural communities and urban growth areas only, public schools; and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction.
.153 Churches, educational and religious training institutions, summer camps and cemeteries.
.154 Retirement and convalescent homes; social and health rehabilitation centers; day care centers; mini-day care centers; and adult care centers not in a family dwelling; and other health-related services consistent with the purpose of the district.
.155 Animal hospitals and accessory kennels and stables provided:
(1) No building or animal enclosure shall be located closer than 50 feet from the external property lines;
(2) Such facilities must have a waste disposal program approved by the county health department; and
(3) Such facilities shall be operated at all times in a manner specifically designed to prevent the use of the facilities from becoming a nuisance, either public or private; and the hearing examiner shall require of the applicant a detailed program to minimize potential annoying effects; said program to be recorded as one of the conditions attached to the permit.
.157 Housing or camping facilities to accommodate seasonal or permanent agricultural employees provided:
(1) Such facilities shall be located at least 50 feet from the external property lines;
(2) Such facilities shall conform with applicable building and health regulations;
(3) Such facilities shall be occupied only by agricultural employees and their immediate families; and
(4) Permanent housing shall not exceed the density of the zone and a covenant shall be filed with the county auditor stating the residence cannot be sold or leased without proper subdivision approval.
.158 Aircraft landing areas when solely for personal (aircraft based at those landing areas are owned or controlled by the landowner or tenant and subject to any limitations deemed necessary by the hearing examiner) uses; provided the centerline of any such landing area shall not be located within 500 feet of any property line, building, or structure; except that a legal affidavit from adjacent property owner(s) allowing all, or a portion, of that 500 feet as a recorded easement on their property, presented as part of a conditional use permit application, shall be acceptable. The surface of any such landing areas shall be grass or sod and not longer than 2,500 feet. It shall be unlighted and for daytime use only.
Fuels and lubricants associated with the operation of personal use aircraft will be stored and handled in accordance with pertinent state and county codes. All aircraft and pilots must comply with all current Federal Aviation Regulations for the maintenance and operation of aircraft. Notification of conditional use permit application hearing shall go, by first class mail, to residents within 1,000 feet from any point on a proposed aircraft landing area; the applicant shall pay the cost of such mailings.
.159 Surface mining and accessory washing and sorting outside of urban growth areas; provided, that:
(1) The activity is not subject to Washington State's Surface Mining Act (Chapter
78.44 RCW).
(2) The activity will not result in excavation or equipment within 50 feet of county road rights-of-way.
(3) The activity will not result in excavation or equipment within 50 feet of the exterior property lines of the site, except in the case of two contiguous operations in which case by mutual consent this setback can be zero.
(4) Reclaimed side slopes shall not be steeper than three feet horizontal to one foot vertical for unconsolidated materials.
(5) At minimum, the operations shall adhere to the development and performance standards of WCC §
20.73.650 and §
20.73.700.
(6) All topsoil remains on site for use in subsequent reclamation.
(7) No soil erosion or sedimentation will occur beyond the exterior property lines of the site.
(8) No excavation shall occur within the five-year zone of contribution for designated wellhead protection areas. Excavations may occur within the 10-year zone of contribution outside of the five-year zone of contribution if they are not within 10 vertical feet of the seasonal high water table. Wellhead protection boundaries may be adjusted in accordance with WCC § 20.73.153(2).
(9) A cumulative maximum of three acres may be mined within the outer boundary of the parcel as it existed at the time of adoption of the amendment codified in this subsection. The intent of this provision is to prevent multiple conditional use permits for three-acre surface mines on a single parcel and prevent lots that were divided from a parent parcel after adoption of the amendment codified in this subsection from each having a three-acre surface mine.
(10) Owners and/or operators shall submit a reclamation plan that is consistent with the requirements of RCW
78.44.141.
(11) Performance bonds or other monetary security as approved by the prosecuting attorney equal to the costs of completing the proposed reclamation plan, subsection
(10) of this section, are submitted to the county, which shall be released within two years after completion of surface mining; provided, that reclamation has been completed according to the reclamation plan.
.160 Type 2 cannabis production facilities, subject to WCC §
20.80.690.
.162 Small scale commercial processing of forestry products on a permanent basis, utilizing permanently installed equipment, and provided the use is compatible and augments the economic viability of the forest community, appropriate provision is made of water to meet fire flow standards, and is consistent with applicable local, state and federal standards and regulations.
.163 In R5A and R10A zoning districts, the processing of agricultural products that originate from the permitted uses in WCC §
20.40.050, provided the following criteria are met:
(1) The facility is not a slaughterhouse or mushroom substrate production facility.
(2) The facility processes at least 50 percent agricultural goods produced in Whatcom County and which originate from permitted uses.
(3) The facility employs over 10 permanent employees.
(4) The facility exceeds 10,000 square feet in proposed and existing buildings (as defined in Chapter
20.97 WCC) devoted to agricultural processing.
.165 Private or public, commercial and noncommercial outdoor recreation facilities including golf courses, playing fields for outdoor sports and other facilities consistent with the purpose of this district.
.166 Hydroelectric projects of five megawatts or less.
.171 Confinement feeding operations and feedlots; provided, however, that such uses shall not be allowed inside urban growth areas.
.172 Commercial operations that directly provide goods or services to agricultural operators with the intent of augmenting agricultural operations, including but not limited to hay sales and storage, sawdust sales and storage, farm equipment service and repair, and farm chemical applicator establishments; provided, that the prospective commercial operation is limited to directly serving agricultural operators; does not include the manufacture of farm-related implements; does not include livestock auction facilities; and is located on a parcel that is surrounded by agricultural operations or is in an area that is predominantly used for agriculture or forestry or mining.
.173 Rock crushing and asphalt and concrete batch plants, when within an MRL Special District.
.174 Plant nurseries and greenhouses for storage, propagation and culture of plants, including sales as an accessory use provided:
(1) Must be located on a collector arterial or higher classified road.
(2) Covered sales area and associated display areas must not exceed 10 percent of the total area of development.
(3) There shall be fixed hours of operation.
(4) Parking lot, indoor sales or other potential impacts related to operations shall be buffered from neighbors.
(5) Signage shall be aesthetically compatible with the character of the neighborhood.
(6) All other criteria for conditional use permits must be met.
(7) Outdoor storage of fertilizer is prohibited.
(8) No aerial application of chemical products shall be allowed within 50 feet of dissimilar uses.
(9) This type of activity will be prohibited in the Lake Whatcom watershed and Lummi Island and in other areas deemed to be water quality sensitive, excluding retail nurseries operating chemical free.
.175 Live commercial entertainment, either indoors or outdoors; provided, that:
(1) The use complies with Chapter
5.40 WCC (Outdoor Musical Entertainment, Amusements and Assemblies).
(2) The use is located within a Rural 10 Acre (R10A) District, and upon at least a 10-acre parcel.
(3) The use requires a rural setting to be compatible with its entertainment theme.
(4) Maximum attendance is limited to 1,000 persons per day.
(5) Accessory food service and gift shop activity are limited to five hours per day, liquor service is prohibited.
(6) The use shall not exceed maximum environmental noise levels established by state law (Chapter
173-60 WAC).
(7) The use will not generate primary traffic flows on local access roads where adjacent residential density exceeds one unit per five acres.
(8) Minimum buffering shall be required as established in WCC §
20.80.345; provided, that minimum side and rear yard buffers are at least 50 feet.
(9) Limited hours and seasons of operation are established.
(10) One on-premises freestanding sign is permitted only, not to exceed 10 feet in height and 24 square feet in surface area per face, and not exceeding two faces per sign.
(11) Off-street parking is provided for, consistent with WCC §
5.40.040; overnight RV parking and/or camping is prohibited.
.176 Rental cabins, together with associated meeting facilities and other customary accessory uses, including but not limited to cooking and dining facilities, retail sales of meeting supplies and gifts, swim pools and exercise rooms in the Foothills Subarea, provided the following standards are met:
(1) Density shall not exceed five sleeping units per five gross acres.
(2) Legally established resorts or rental cabins existing as of the date of the adoption of the ordinance codified in this section which meet the criteria in subsection
(1) of this section shall be permitted outright. However, expansions shall only be allowed by conditional use and shall be bound by the density standards above; and
(3) Each cabin shall have a maximum of three sleeping units.
.178 Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan.
.180 Trailheads with parking areas for more than 30 vehicles.
.183 State education facilities.
.185 Type I solid waste handling facilities.
.186 Type II solid waste handling facilities.
.187 Type III solid waste handling facilities only in those areas specified as suitable for solid waste sites in the applicable subarea Comprehensive Plan.
.189 Boarding homes that are larger than other residential structures permitted in the zoning district.
.190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.
.191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.
.192 Mental health facilities that provide crisis care.
.193 Substance abuse facilities that provide crisis care.
.194 Outpatient mental health facilities.
.195 Outpatient substance abuse treatment facilities, including opiate substitution treatment clinics.
.196 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.
.197 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing and sorting, when within a Mineral Resource Land Special District subject to the requirements of Chapter
20.73 WCC and all other applicable regulations.
.198 Battery energy storage systems with more than five MW of storage capacity, provided:
(1) The facility is located within one mile of an existing electrical substation.
(2) Any structures shall be no closer than 25 feet from any property line.
(3) The proposed use shall be compatible with the general appearance and character of the surrounding area. Landscape screening shall be required pursuant to the requirements of WCC §
20.80.345.
(4) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining properties and the public roads.
(5) The facility shall comply with state noise level standards under Chapter
173-60 WAC, as amended. The applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.
(Ord. 82-58, 1982; Ord. 85-17, 1985; Ord. 86-42, 1986; Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 87-64, 1987; Ord. 87-84, 1987; Ord. 88-13, 1988; Ord. 88-29, 1988; Ord. 88-93, 1988; Ord. 90-41, 1990; Ord. 91-013, 1991; Ord. 92-079, 1992; Ord. 93-076, 1993; Ord. 94-002, 1994; Ord. 94-028, 1994; Ord. 94-056, 1994; Ord. 95-031, 1995; Ord. 96-056 Att. A §§ H2, H3, 1996; Ord. 97-069, 1997; Ord. 98-018 § 1, 1998; Ord. 98-078 Exh. A, 1998; Ord. 98-083 Exh. A § 39, 1998; Ord. 99-068, 1999; Ord. 2001-012 § 1, 2001; Ord. 2001-047 § 1, 2001; Ord. 2004-014 § 2, 2004; Ord. 2004-026 § 1, 2004; Ord. 2005-068 § 2, 2005; Ord. 2006-048 § 1 (Exh. A), 2006; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2015-016 Exh. A, 2015; Ord. 2016-011 § 1 (Exhs. D, Q), 2016; Ord. 2016-035 § 1 (Exh. A), 2016; Ord. 2017-030 § 1 (Exh. F), 2017; Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2022-012 § 1 (Exh. A), 2022; Ord. 2022-048 § 1 (Exh. A), 2022; Ord. 2023-042 § 1 (Exh. A), 2023; Ord. 2025-020 § 1 (Exh. A), 2025)