The purpose of the Cherry Point Industrial District is to implement the policies of the Cherry Point Major Industrial Urban Growth Area section of the Whatcom County Comprehensive Plan by establishing a range of land uses and types of development appropriate for the Cherry Point UGA and to encourage large scale master planning of industrial sites to preserve sites of sufficient size to accommodate major port and industrial development.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
This chapter is applicable to the entire Cherry Point Major Industrial Urban Growth Area.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
(1) 
Primary permitted uses:
(a) 
Area south of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Heavy Impact Industrial District, Chapter 20.68 WCC, as well as large scale high technology businesses.
(b) 
Area north of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Light Impact Industrial District, Chapter 20.66 WCC.
(2) 
Secondary permitted uses shall include smaller scale industrial uses, nonretail commercial uses, and industry-related professional services, provided the secondary use supports or is supported by primary permitted uses in the Cherry Point Industrial Urban Growth Area.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
Accessory uses shall be the same as those permitted in the Heavy Impact Industrial District, Chapter 20.68 WCC.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
Conditional uses shall be the same as those permitted in the Heavy Impact Industrial District, Chapter 20.68 WCC.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
Prohibited uses shall be the same as those prohibited in the Light Impact Industrial District (Chapter 20.66 WCC) and the Heavy Impact Industrial District (Chapter 20.68 WCC), as applicable, and the following:
(1) 
New piers, docks, or wharves.
(2) 
Conversion of a renewable fuel refinery or renewable fuel transshipment facility to a fossil fuel refinery or fossil fuel transshipment facility.
(Ord. 2021-046 § 3 (Exh. C), 2021)
(1) 
Development in the Cherry Point Industrial District requires the review and approval of a master site plan, including SEPA review. Acceptable master site plans include site plans and supporting information submitted and approved for applications for a building permit, a short subdivision, a preliminary plat, a binding site plan, a major project permit or a planned unit development.
(2) 
The minimum area for a master site plan (planning block) shall be 160 acres, or the entire property under common ownership if the common ownership is less than 160 acres.
(3) 
Each planning block shall include one lot of not less than 40 acres in size to be designated as the site for a port or major industrial activity; provided, that if the planning block is 40 acres or smaller, the requirement for the major industrial site shall be waived.
(4) 
Within a planning block, one or more parcels smaller than 40 acres may be created for secondary uses.
(5) 
Review and approved of a master site plan for a planning block shall be included in the approval of any building permit, short subdivision, preliminary plat, binding site plan, major project permit or a planned unit development and shall be subject to the same review and approval standards, including SEPA review, as the plat, binding site plan or permit. Each master site plan shall identify, as appropriate, the proposed phasing of the development including the construction of public and private facilities and utilities. The master site plan or supporting documentation as appropriate shall also include any mitigation required under SEPA and the county critical areas ordinance.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
The minimum lot size in the Cherry Point Industrial District shall be 40 acres; provided, that lots less than 40 acres may be permitted as follows:
(1) 
When the lots are to be located within a development approved as a major project under Chapter 20.88 WCC consistent with the master site plan requirements in this chapter.
(2) 
When the lots are to be located within a development approved as a planned unit development under Chapter 20.85 WCC consistent with the master site plan requirements of this chapter.
(3) 
When the lots are part of a short subdivision, long subdivision or binding site plan approved as consistent with the master site plan requirements of this chapter.
(4) 
When the administrator finds that the lot(s) will be developed with a use(s) that is consistent with the intent of the district and will not interfere with the development of the primary large uses intended by the Comprehensive Plan.
(5) 
When an existing lot of record is less than 40 acres, provided further division is consistent with this section.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
Unless otherwise modified by this chapter, building height, setbacks, landscaping, open space and other building and site design standards for areas south of Grandview Road shall be the same as those of the Heavy Impact Industrial District, Chapter 20.68 WCC; and for the area north of Grandview Road, the same as those of the Light Impact Industrial District, Chapter 20.66 WCC.
(Ord. 98-083 Exh. A § 57, 1998; Ord. 2021-046 § 3 (Exh. C), 2021)
RCW 36.70A.365 requires the implementation of traffic demand management (TDM) programs for designating a Major Industrial Urban Growth Area. Any employer in the Cherry Point Urban Growth Area that employs 100 or more full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12 continuous months during the year are required to meet the TDM requirements of Chapter 16.24 WCC.
(1) 
Employers located in Cherry Point who have not implemented a TDM program shall implement a TDM program by December 1, 2011.
(2) 
Employers in Cherry Point meeting the criteria for having to complete a plan after December 1, 2011, shall meet the requirements of this section within one year of having met the criteria.
(Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2021-046 § 3 (Exh. C), 2021)
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. 2019-013 § 1 (Exh. A), 2019; Ord. 2021-046 § 3 (Exh. C), 2021)