.151 Public facilities for emergency-related health and safety purposes, such as fire halls and Washington State Department of Transportation satellite road safety facilities.
.152 Duplex and multifamily dwellings or clustered housing or camping facilities to accommodate farm workers provided:
(1) In addition to any other setback requirements contained herein, such duplex and multifamily dwelling facilities shall be located at least 150 feet from any existing dwelling not on the same property and 50 feet from any property line; and
(2) Such facilities shall conform with applicable building and health regulations; and
(3) Such facilities shall be occupied only by agricultural employees and their immediate families; and
(4) Such facilities must be ancillary and/or accessory to an agricultural use.
.153 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) or agriculture (aerial application of agricultural chemicals) 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. Handling and storage of fuel and bulk chemicals, associated with agricultural application, on or near the landing area must comply with pertinent state and county codes.
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.
.156 Repealed by Ord. 2023-018.
.158 Deleted by Ord. 2006-048.
.159 Transitory solid waste facilities for treatment, storage, or collection, including but not limited to: recycle centers and drop boxes for household materials excluding large items such as automobiles or major appliances; noncommercial or commercial composting and mulching facilities; and including but not limited to the types of facilities operated by neighborhood or public service organizations.
.160 Restaurants, when located on the same property and subordinate to a permanent facility for the processing of agricultural products into food or beverage for human consumption; provided, that the size, scale and character of the restaurant facility are compatible with the agricultural/rural character of the surrounding area and are consistent with the general purpose of the zone district.
.161 Surface mining for farm enhancement purposes and accessory sorting; provided, that:
(1) The activity is not subject to Washington State's Surface Mining Act (Chapter
78.44 RCW) and conforms to the following criteria and those of WCC §
22.05.026.
(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 surface mining operations in which case by mutual consent this setback can be zero.
(4) The activity will only remove sand or gravel knolls or ridges and will not excavate below the minimum land elevation of the knoll or ridge being removed. In addition, a cumulative maximum of 15 percent of the parcel area, not to exceed six acres in total, may be mined.
(5) No reclaimed side slopes are steeper than eight percent. An exception to this requirement may be approved under the following circumstances:
(a) The knoll or ridge to be removed extends onto an adjacent parcel; and
(b) The neighboring property owner is not removing their portion of the knoll or ridge; and
(c) A steeper side slope is necessary to enhance farm use adjacent to the slope; and
(d) Reclaimed side slopes shall not exceed 33 percent.
(6) 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).
(7) Excavations will not occur within five feet of the seasonal high water table level.
(8) At minimum, the operations shall adhere to the development and performance standards of WCC §
20.73.650 and §
20.73.700.
(9) No soil erosion or sedimentation will occur beyond the exterior property lines of the site.
(10) Excavation activity will commence and conclude within four years.
(11) The conditional use permit application includes proposed days-of-the-week operation and hours-of-the-day operations. The hearing examiner may limit any operation as to days and hours of operation.
(12) Owners shall submit a reclamation plan with their application to the county providing for:
(a) Stockpiling all topsoil for subsequent use during reclamation.
(b) Topsoil protection by seeding with a cover-crop immediately after it is stockpiled.
(c) Time limits on topsoil storage not to exceed four years.
(d) Limitations on handling topsoil in wet conditions.
(e) Sequential reclamation in less than three-acre increments per parcel.
(f) Measures for restoring soil texture, structure, and organic matter by sub-soiling, fertilization, crop scheduling, and weed control.
(g) Review and approval by the Whatcom County Conservation District.
(h) Protection of ground water during preparation of the soils for post-agricultural use.
(i) Pertinent use of best management practices or guidelines. As a minimum, this should include "Agriculture and the Aggregate Industry," by Mackintosh, E.E. and E.J. Mozuraitus, from the Ontario Ministry of Natural Resources, 1982.
(13) Performance bonds or other monetary security as approved by the prosecuting attorney equal to the costs of completing the proposed reclamation plan, subsection
(12) 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.
(14) When mining operations are proposed within or adjacent to the 100-year floodplain, the applicant must also obtain a flood permit from the county.
.162 Commercial operations, except for mushroom composting operations, that directly provide agricultural goods or services to farmers. Examples of primary agricultural commercial operations include, but are not limited to: livestock auction facilities, hay sales and storage, sawdust sales and storage, farm equipment service and repair, and farm chemical applicator establishments and secondary nonagricultural services if they are the same in type and function as the primary business and serve to complement the primary business. The purpose of allowing secondary nonfarm businesses in conjunction with agricultural goods and services businesses is to augment the viability of agricultural goods and services businesses as a means of ensuring that agricultural businesses continue to provide goods and services to farmers.
Applicants must satisfy the following criteria:
(1) Agricultural Goods and Services (Primary) Business.
(a) That locating the prospective commercial operation within the Agriculture District better serves the agricultural operator than if the commercial operation is located in another land use designation;
(b) The site is better used for agricultural services than the permitted uses in WCC § 20.40.051; and
(c) The prospective commercial operation is limited to directly serving agricultural operators and does not include the manufacture of farm-related implements.
(2) Nonagricultural (Secondary) Business.
(a) Goods and services provided are the same in type and function as those provided to the agricultural sector and serve to complement the primary business;
(b) The secondary business remains subordinate to the primary business in respect to gross sales as evidenced by an affidavit of intent, signed by the owner, to be provided by owner at the time of application. The county reserves the right to require the submission of subsequent affidavits, signed by both the business owner and the owner's certified public accountant, not more than annually thereafter;
(c) The secondary business does not require additional area beyond that necessary for the primary business;
(d) The addition of a secondary business shall be conditionally approved if the hearing examiner determines that the secondary business is consistent with applicable zoning regulations, and complies with WCC §
22.05.026, providing such change does not require the provision of water and sewer utility services at a level greater than that currently available to the subject property, and that the new use does not result in greater impacts upon surrounding properties than did the original use.
.163 Rock crushing and asphalt and concrete batch plants when within a Mineral Resource Land Special District. No off-site dust shall be generated from the operation.
.164 Packinghouses and slaughterhouses as defined in Chapter
20.97 WCC, which shall be located, designed, and operated so as to not interfere with the overall agricultural character of the area, provided the following criteria are met:
(2) The total allowable building area is larger than 2,000 square feet and no larger than 7,000 square feet.
(3) The facility is an accessory use, as identified in Chapter
20.97 WCC, "Accessory use."
(4) Holding pens associated with packinghouses and slaughterhouses shall be limited to those necessary to accommodate animals intended for processing within 24 hours.
(5) The facility shall comply with 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 WCC.
(6) 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).
(7) The building shall avoid prime agricultural soils to the extent feasible. Where the site is predominantly in prime soils and avoidance is not feasible, the applicant shall demonstrate that the buildings:
(a) Are sized to be as small as feasible; and
(b) Located to maximize the agricultural use of the remaining area; and
(c) Achieve the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability.
(8) The packinghouse or slaughterhouse shall emit no noxious emissions that are 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 of adjacent property.
(9) Packinghouses and slaughterhouses approved under this section within the Agricultural (AG) District shall not be located in critical aquifer recharge areas of a high susceptibility, as identified by the Critical Areas Ordinance map, or frequently flooded areas, as identified and regulated by Whatcom County public works river and flood division through WCC Title
17.
.165 Kennels, which shall be located, designed, and operated so as not to interfere with the overall agricultural character of the area, provided the following criteria are met:
(1) The use shall be on a parcel five acres or less in size but not less than one acre in size.
(2) No kennel building or outdoor animal space shall be located within 50 feet of any property line and/or within 300 feet of any existing dwelling other than those on the property. The distance to a dwelling shall be measured as the shortest straight line distance from the closest point of a dwelling to any structure or fence used for a kennel.
(3) All facilities associated with the kennel use, including but not limited to parking and on-site septic systems, shall be contained on the same parcel.
(4) The building(s) and associated facilities shall, to the extent feasible, be located to avoid interference with the agricultural use of the property and surrounding properties.
(5) In addition to the requirements of WCC §
22.05.026, the hearing examiner shall consider the following when reviewing a conditional use permit application in order to reduce negative impacts to surrounding residents, and set conditions if warranted:
(a) Hours when animals are to be kept indoors;
(b) Sound abating building or screening materials;
(c) Maximum number of animals; and
(d) Visual screening or buffering, including but not limited to landscaping and fencing.
.166 Regional parks that offer interpretive, historical, or educational experiences related to agriculture and subject to the following approval requirements:
To assure maintenance of the agricultural resource and compatibility with agricultural operations, regional parks that offer interpretive, historical, or educational experiences related to agriculture may only be approved if it is determined that the proposal meets the following approval requirements:
(1) The size, scale and character of the facility are compatible with the agricultural/rural character of the surrounding area.
(2) The educational or interpretive component, open space, and trails of a park must comprise at least 70 percent of the physical area of the park.
(3) The applicant shall provide proof that new permanent structures and soil alterations are generally located on predominantly nonagricultural soils or on the least productive portion of the property.
(4) The proposal will not preclude present and future agricultural use of the property nor substantially detract from agricultural production on-site or in the area.
(5) The proposal will not adversely impact or interfere with accepted farm practices on adjacent or nearby agricultural operations, given the type of agriculture that is in the area and its relative susceptibility to nuisance complaints due to accepted farm operations and management practices.
(6) The proposal must comply with the requirements of WCC §
20.40.662 and WCC Title
14, Use of Natural Resources.
(7) Mitigation measures (such as landscape buffers; special setbacks; screening; site design and using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas) shall be used to effectively reduce the potential for land use conflicts.
(8) Lighting must be shielded and directed away from residential areas.
(9) Adequate provision of refuse collection and disposal.
(10) The following uses are not permitted:
(a) Golf courses or driving ranges.
(c) Recreational vehicle parks.
(f) Permanently constructed playground equipment, stadiums or bleachers.
.183 State education facilities that are related to agricultural operation training.
.185 Type I solid waste handling facilities.
.190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district; provided, that the primary use of the parcel remains agriculture and the patients are working the land on the operating farm.
.191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district; provided, that the primary use of the parcel remains agriculture and the patients are working the land on the operating farm.
.192 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.
.193 Wildlife animal rescue hospitals and/or rehabilitation facilities including accessory enclosures thereto, such as kennels, cages, stables, aviaries, runs, and fenced pastures, to provide for the care of and management of sick, injured, displaced or orphaned wildlife provided:
In order to assure maintenance of the agricultural resource and compatibility with agricultural operations, applications made to operate wildlife rescue rehabilitation facilities in the Agriculture Zoning District may only be approved if it is determined that the proposal meets the following approval requirements:
(1) Wildlife species that are held, treated or cared for at the facility shall be native to the region.
(2) Such facilities must at all times be properly authorized and permitted under applicable state and federal law to hold and treat wildlife.
(3) Pursuant to WAC
232-12-275, there shall be at least one person in possession of a valid wildlife rehabilitation permit on the facility staff.
(4) No building or animal enclosure shall be located closer than 50 feet from the external property lines.
(5) The applicant shall provide proof that new permanent structures and soil alterations are generally located on predominantly nonagricultural soils or on the least productive portion of the property.
(6) Such facilities must have a waste disposal program approved by the county health department.
(7) 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.
(8) The facility shall not adversely impact or interfere with accepted farm practices on adjacent or nearby agricultural operations, and the provisions of Chapter
14.02 WCC, Right to Farm, shall apply.
(9) The proposal must comply with the requirements of WCC §
20.40.662 and WCC Title
14, Use of Natural Resources.
(10) Mitigation measures (such as landscape buffers; special setbacks; screening; site design and using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas) shall be used to effectively reduce the potential for land use conflicts.
.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. Site reclamation must be to agricultural use within any MRLs adopted after May 1, 2001. No off-site dust shall be generated from the operation.
.198 Propane retail and distribution facilities, provided all of the following criteria are met:
(1) The use shall not result in the conversion of agricultural lands of long-term commercial significance or land in active agricultural use.
(2) The use shall be located, designed, and operated so as not to interfere with the overall agricultural character of the area.
(3) The facility's size, scale, and character shall be compatible with the agricultural/rural character of the surrounding area.
(4) To the extent practicable, a facility shall only be permitted within existing buildings and on hard surfaces, although said buildings may be improved as permitted by applicable codes.
(5) The use shall only be allowed to expand into pervious surfaces when said expansion will have minimal impact on the agricultural land base and any current agricultural use.
(6) The proposal will not preclude the property's present or future agricultural uses or substantially detract from on-site agricultural production.
(7) The proposal will not adversely impact or interfere with accepted farm practices on adjacent or nearby agricultural operations.
(8) The proposal complies with all applicable local, state, and federal laws. Applicable county code includes but is not limited to SEPA (Chapter
16.08 WCC), conditional use permit criteria (WCC §
22.05.026), and proof of insurance (WCC §
22.05.132).
(9) New or modified equipment and any vehicles loaded at the proposal site will be used only for the purposes of propane retail and distribution facilities for direct sale distribution to end users of propane or intracompany transport for direct sale distribution of propane to end users of propane.
(10) Propane distribution facilities shall follow applicable recommendations of the U.S. Chemical Safety and Hazard Investigation Board (CSB).
(11) Future modification or expansion of a proposal permitted under this section shall be conditioned that the permitted equipment shall only be used in the manner approved in the permit.
(Ord. 83-32, 1983; Ord. 86-42, 1986; Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 87-84, 1987; Ord. 88-13, 1988; Ord. 91-013, 1991; Ord. 92-079, 1992; Ord. 93-035, 1993; Ord. 93-076, 1993; Ord. 96-056 Att. A § I2, 1996; Ord. 97-069, 1997; Ord. 98-018 § 1, 1998; Ord. 2001-012 § 1, 2001; Ord. 2001-020 § 1 (Exh. 1 § 1), 2001; Ord. 2001-024 § 1, 2001; Ord. 2001-047 § 1, 2001; Ord. 2003-026 § 1 (Exh. 1), 2003; Ord. 2004-014 § 2, 2004; Ord. 2004-026 § 1, 2004; Ord. 2005-068 § 2, 2005; Ord. 2006-048 § 1 (Exh. A), 2006; Ord. 2008-059 § 1, 2008; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2013-051 Exh. A, 2013; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2014-041 Exh. A, 2014; amended during 8/14 supplement; Ord. 2015-016 Exh. A, 2015; Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2017-001 § 1 (Exh. A), 2017; Ord. 2017-030 § 1 (Exh. F), 2017; Ord. 2022-012 § 1 (Exh. A), 2022; Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2023-042 § 1 (Exh. A), 2023; Ord. 2024-021 § 1 (Exh. A), 2024; Ord. 2025-020 § 1 (Exh. A), 2025)