Chapter 15.40


15.40.010    Purpose.

15.40.020    Permitted uses.

15.40.025    Collective medical marijuana gardens.

15.40.030    Accessory uses.

15.40.040    Conditional uses.

15.40.050    Dimensional standards.

15.40.051    Dimensional standards, office.

15.40.052    Repealed.

15.40.010 Purpose.

The purpose of industrial zoning is to provide areas for wholesale and retail businesses to engage in light to medium manufacturing, processing, storing, or distributing goods; to provide for public services; and to manage the development of these uses to minimize or eliminate nuisance factors and hazards. Only those uses that comply with the shoreline master program are allowed in the 200-foot shoreline jurisdiction. [Ord. 671 § 3.6.A, 1995.]

15.40.020 Permitted uses.

The following uses are permitted in the Industrial Zone by certificate of authorization:

(1) Manufacturing, packaging, processing, warehousing and distributing operations and associated wholesale and retail activities;

(2) Parks, public or private;

(3) Retail or wholesale lumber or building material yards, paint, glass, heating, plumbing and electrical materials;

(4) Retail sales of farm equipment, manufactured housing, recreational vehicles, heavy equipment and boats;

(5) Farm supplies;

(6) Food products manufacturing;

(7) Textile products manufacturing;

(8) Lumber, wood products manufacturing;

(9) Paper products manufacturing except milling;

(10) Light stone, clay, glass products manufacturing and glass, pottery, china, ceramic products, stone cutting and engraving;

(11) Signs, advertising and manufacturing;

(12) Office machine, equipment manufacturing, computer;

(13) Small electrical equipment component manufacturing;

(14) Transportation equipment and parts manufacturing;

(15) Metal products fabrication and manufacturing;

(16) Light fabricated building components;

(17) Light fabrication assembly and manufacturing;

(18) Commercial/industrial photography and video productions;

(19) Warehouses for storage and services in association with office and manufacturing;

(20) Mini warehouses – storage only;

(21) Rental services of heavy equipment, furniture, tools, passenger automobiles, trailers, recreation;

(22) Boat, vehicle, and heavy equipment repair garages, body and fender repair shops, and car washes;

(23) Government services and functions including shops, maintenance, and utilities;

(24) Special vocational schools;

(25) Research and development facilities;

(26) Commercial auto parking lots and garages;

(27) Tow truck operations and auto impoundment;

(28) Utility and communications storage and distribution, substations;

(29) Shipbuilding and shipyards;

(30) Public parking lots;

(31) Agricultural processing, food processing;

(32) Marinas;

(33) Contractors’ offices, shops and storage yards;

(34) Furniture manufacture and repair or cabinet or millwork shops;

(35) Automobile service stations;

(36) Public transportation system terminals;

(37) Nonhazardous recycling collection depots for paper, glass, aluminum, plastic, and metal, provided all storage is contained within a structure or sight-obscuring enclosure;

(38) Office. [Ord. 791, 2000; Ord. 671 § 3.6.B, 1995.]

15.40.025 Collective medical marijuana gardens.

(1) Location Restrictions. Collective gardens to the extent allowed by law shall be subject to the following location restrictions:

(a) Collective Gardens in Outdoor Locations. Collective gardens in outdoor locations are prohibited;

(b) Collective Garden Locations. Collective gardens shall not be located in any zone other than the industrial zone;

(c) Prohibited Areas. In addition to the above, collective gardens shall not be allowed in the following areas:

(i) Within 1,000 feet of a youth-oriented facility, a school, a park, or any church or residential treatment facility;

(ii) Within 1,000 feet of any occupied legal residential structure located on a separate legal parcel;

(iii) In a mobile home and/or RV park or within 1,000 feet of any mobile home and/or RV park;

(iv) Within 500 feet of any other collective garden; and

(v) The distance between the above-listed uses and the collective garden where the cannabis is being cultivated shall be measured in a straight line from the nearest exterior wall of the building in which the cannabis is cultivated to the nearest boundary line of the property on which the facility, building or structure or portion of the facility, building or structure in which the above-listed use occurs is located;

(d) Accessory Uses. Collective gardens shall not be allowed as an accessory use;

(e) Home Occupation Use Prohibited. Collective gardens are prohibited as home occupations.

(2) Operating Standards.

(a) The following restrictions apply to the operation of collective gardens.

(i) Odor. The cultivation of cannabis shall not subject residents of neighboring parcels who are of normal sensitivity to objectionable odors.

(ii) Lighting. All lights used for security shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which they are placed.

(iii) Noise. The cultivation of medical cannabis in a collective garden shall not exceed the noise level standards as set forth in Chapter 7.05 LCMC.

(iv) Visibility. Cannabis shall not be grown or on display in any location where the cannabis plants are visible from the public right-of-way or a public place.

(v) Signage. There shall be no exterior signage relating to the collective garden.

(vi) Gas Prohibited. The use of gas products (CO2, butane, etc.) for medical cannabis cultivation is prohibited.

(vii) Compliance with Codes. The collective garden shall comply with the applicable provisions of the currently adopted edition of the Washington State Building Code.

(viii) Nuisance. The collective garden shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other adverse impacts, or be hazardous due to use or storage of materials, processes, products or waste.

(ix) Limitation on Square Footage Devoted to Collective Garden. The indoor collective garden shall be limited to no more than 150 contiguous square feet per collective garden.

(x) Exterior Appearance. The indoor collective garden shall be located in a structure within a fully enclosed and secure structure.

(xi) Security Lighting. Interior structure lighting, exterior structure lighting and driveway and/or parking area lighting shall be of sufficient foot-candles and color rendition so as to allow the ready identification of any individual committing a crime on site at a distance of no less than 40 feet from the structure.

(xii) Security. Security measures at the collective garden shall include, at a minimum, the following:

(A) Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition;

(B) Exterior lighting that illuminates all exterior entrances; and

(C) Windows and roof hatches secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency.

(3) Delivery Only Among Members. No usable cannabis from the collective garden may be delivered to anyone other than one of the qualifying patients participating in the collective garden. Collective garden employees/volunteers or collective garden members may not sell any cannabis plants or usable cannabis. Such activities may be prosecuted under the Uniform Controlled Substances Act, Chapter 69.58 RCW.

(4) Limitation of Distribution Hours. The premises shall be closed to any distribution of medical marijuana between 10:00 p.m. and 7:00 a.m.

(5) No On-Site Sales of Paraphernalia. There shall be no on-site display or sale of paraphernalia used for the use or consumption of medical cannabis at the collective garden.

(6) Consumption of Marijuana and Alcohol Prohibited. Consumption of cannabis, products containing cannabis or alcohol on the premises is prohibited.

(7) Minors Prohibited On Site. No minors shall be permitted on any collective garden premises.

(8) Consent of Land Owner. No medical cannabis use shall be established or permitted without the authorization and consent of the property owner.

(9) Nuisance. Nothing in this section (or this chapter) shall be construed as a limitation on the town’s authority to abate any violation which may exist from the cultivation of cannabis plants from any location, including from within a fully enclosed and secure building.

(10) Violations.

(a) It is a violation of this chapter for any person owning, leasing, occupying or having charge or possession of any parcel of land within any unincorporated area of the town to cause or allow such parcel of land to be used for the indoor or outdoor cultivation of marijuana or cannabis plants for medicinal purposes in excess of the limitations set forth herein.

(b) The cultivation of more than the number of cannabis plants set forth in this chapter on one legal parcel, either indoors or outdoors, within the town, regardless of whether the person(s) growing the cannabis is/are a “qualified patient,” or members of a “collective garden” as defined herein, is hereby prohibited.

(c) Any violations of this chapter may be enforced as set forth in Chapter 15.135 LCMC, or as applicable, the Uniform Controlled Substances Act, Chapter 69.58 RCW. In addition, violations of subsections (10)(a) and (10)(b) of this section are deemed to be a public nuisance and may be abated by the town under the procedures set forth in state law for the abatement of public nuisances. [Ord. 1116 § 1, 2014.]

15.40.030 Accessory uses.

The following accessory uses are permitted in the Industrial Zone by certificate of authorization:

(1) On-site recycling and treatment of waste products associated with principal uses on the same site, subject to all applicable county, state and federal regulations and permits;

(2) Temporary buildings for uses incidental to construction work, which building shall be removed upon completion or abandonment of the construction work;

(3) A wholesale/retail outlet or showroom for sales of products produced, assembled or manufactured and warehoused or stored on the premises, which shall be limited to no more than 49 percent of the gross floor area of the industrial space;

(4) Employees’ cafeterias, motorized vending, and auditoriums. [Ord. 791, 2000; Ord. 671 § 3.6.C, 1995.]

15.40.040 Conditional uses.

The following structures and uses are permitted by conditional use permit:

(1) Antennas plus antenna mount of more than 20 feet in height, four feet in width and of bulk area more than 16 feet. [Ord. 671 § 3.6.D, 1995.]

15.40.050 Dimensional standards.

(1) Minimum lot size – None.

(2) Maximum lot coverage by all buildings and impervious surfaces shall be 90 percent.

(3) Minimum landscaping area – 10 percent of the gross site area.

(4) Minimum building setbacks – No minimum except adjacent to, or across the street from, a Residential or Public Use Zone, the following setbacks apply:

There should be a minimum of at least five feet on each side and 10 feet in the rear to allow for fire department access.





All buildings, interior lot

50 ft.

15 ft. (total 30)

50 ft.

All buildings, corner lot

50 ft.

50 ft.

25 ft.

Outdoor storage

25 ft.

25 ft.

25 ft.

Agricultural Lands


25 ft.

25 ft.

(5) Maximum building height – 40 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point of the roof; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief. All buildings higher than 35 feet shall comply with the following:

(a) The roof shall be equipped with automatic smoke and heat vents;

(b) The internal structure shall be single-story open construction; a mezzanine is permitted;

(c) Shall be fully sprinklered per NFPA 13;

(d) Shall have central monitoring of the sprinkler system;

(e) Roof shall be constructed of noncombustible materials.

Commercial offices in the industrial area must still comply with the commercial height limits and provisions. [Ord. 1077 § 5, 2012; Ord. 986 § 8, 2007; Ord. 889 § 3, 2003; Ord. 695 § 3, 1997; Ord. 671 § 3.6.E, 1995.]

15.40.051 Dimensional standards, office.

Office development in the Industrial Zone shall meet the following dimensional standards, which amenities will be included in the calculation of square footage devoted to office-commercial use:

(1) Minimum lot size – None.

(2) Maximum lot coverage for commercial office, including required amenities, is 100 percent.

(3) Minimum landscape area – 10 percent of the gross site area.

(4) Minimum building setbacks – minimum of 50 feet from the mean high water line for new buildings fronting on the Swinomish Channel. There shall be at least five feet on each side and 10 feet on the upland facing side of new buildings to allow for fire department access.

(5) Maximum building height – 30 feet and limited to two occupied stories above finished grade to meet fire department life safety concerns; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief. [Ord. 1077 § 6, 2012; Ord. 791, 2000.]

15.40.052 Dimensional standards, nonconforming uses.

Repealed by Ord. 979. [Ord. 791, 2000.]