Chapter 20.44
INDUSTRIAL (I) DISTRICT
Sections:
20.44.035 Conditional use permit criteria.
20.44.060 Setbacks from streams.
20.44.100 Improvement and performance standards.
20.44.010 Purpose.
The purpose of the industrial district is to encourage the development of manufacturing, wholesale, and selected retail business establishments. (Ord. 1831 § 7, 2025; Ord. 1002 (Attachment A) (part), 1989)
20.44.020 Permitted uses.
Permitted uses in the I district, unless otherwise specifically prohibited or allowed only as a conditional use, are as follows:
(1) Warehousing and wholesaling establishments; excluding the storage and handling of explosives, ammonia, chlorine, and any other similarly dangerous or toxic substance;
(2) Light manufacturing and assembly of products or material, excluding any manufacturing or assembly requiring approval of a conditional use permit pursuant to Section 20.44.030;
(3) Retail sales of products manufactured in the district when accessory to the primary use;
(4) Offices;
(5) Plant nurseries;
(6) Small-scale animal hospitals;
(7) Construction business including contractor’s storage yards and offices;
(8) Food processing and/or production not involving the presence of livestock, such as cattle or chickens, on site, including the manufacturing of value-added food products;
(9) Trucking, warehousing, and parcel delivery operations not involving the storage or transport of garbage or refuse;
(10) Light manufacturing and fabrication, including the fabrication of apparel, textile products, furniture and fixtures, leather products, stone products, glass products, electric equipment, communications equipment, and other products of a similar nature and the manufacturing and fabrication of jewelry, silverware, plate ware, metal products, musical instruments and parts, toys, sports and athletic goods, recreational goods and equipment, and other similar products, but excluding any manufacturing and fabrication requiring approval of conditional use pursuant to Section 20.44.030;
(11) Machine shops and workshops;
(12) Cold storage;
(13) Vehicle and heavy equipment repair;
(14) Boat building, excluding any boat building requiring approval of a conditional use permit based on use of materials or processes identified under Section 20.44.030(1);
(15) Grain milling;
(16) Business firm headquarters;
(17) Testing laboratory;
(18) Wood drying kilns;
(19) Power generation plants utilizing natural gas as a single fuel that generate less than three hundred fifty megawatts per hour;
(20) Utility and communication transmission facilities;
(21) Electric vehicle battery charging stations. (Ord. 1831 § 7, 2025; Ord. 1686 § 19, 2016: Ord. 1619 § 1, 2013: Ord. 1520 § 1, 2008: Ord. 1002 (Attachment A) (part), 1989)
20.44.030 Conditional uses.
Conditional uses in the I district, unless otherwise specifically prohibited, are as follows:
(1) Light manufacturing involving processes or using quantities of the following materials:
(A) Acetylene;
(B) Distilled alcohol;
(C) Asphalt or tar, petroleum products, and petroleum by-products;
(D) Brick, tile, or terra cotta;
(E) Chemicals such as acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin, or size;
(F) Concrete, cement, lime, gypsum, or plaster of Paris;
(G) Fats, oils, and soap;
(H) Forging or smelting of metal;
(I) Highly flammable materials;
(J) Lumber mills and wood planing operations within an enclosed structure;
(K) Oilcloth, linoleum, or vinyl;
(L) Paint, shellac, turpentine, lacquer, or varnish;
(M) Paper manufacturing within an enclosed structure;
(N) Any combustible fuel;
(O) Storage of “significant quantities” of any of the above materials or products;
(P) Wood fired boilers;
(Q) Temporary or permanent uses that typically do not require the construction of permanent buildings and that involve the use of equipment to stockpile, process, or recycle raw materials or create a product. Examples include but are not limited to asphalt batch plants; rock, sand and/or gravel storage or sorting operations; log or mineral storage operations; and similar uses;
(2) Heavy manufacturing and assembly of any product or material not prohibited hereunder;
(3) The following retail trade establishments:
(A) Lumber and building materials;
(B) Motor vehicle and heavy equipment dealers (new and used);
(C) Boat dealers;
(D) Heating fuel and ice dealers;
(E) Farm supplies;
(F) Industrial equipment and supplies;
(4) Crematories;
(5) Monument and stone works;
(6) Go-kart tracks for karts with an engine displacement under two hundred fifty cubic centimeters;
(7) Live-work combined uses where an attached, accessory dwelling unit or apartment is located within a structure occupied by a nonresidential use allowed in the industrial district; provided, that the following criteria are met at all times throughout the residential occupancy of the structure:
(A) The accessory dwelling unit or apartment shall be occupied by the owner of the business or someone employed by the business providing the principal permitted use;
(B) The accessory dwelling unit or apartment shall not exceed eight hundred square feet of living area;
(C) Except for those requirements enumerated in this section, the structure shall comply with Chapter 20.55 as well as all other applicable zoning and building code requirements. This includes those set forth in the International Building Code addressing fire suppression and minimum separations between occupancies;
(D) The structure shall comply with all applicable zoning and building code requirements, including those set forth in the International Building Code addressing fire suppression and minimum separations between occupancies;
(E) Approval of the structure under this subsection shall not eliminate the requirement for the principal use to obtain approval of a conditional use permit where such approval is required pursuant to this chapter, except for the following uses:
(i) Uses included under Sections 20.44.020 and subsection (3) or (5) of this section; or
(ii) Equipment and vehicle repair; or
(iii) Industrial, commercial and residential service providers; or
(iv) Other similar uses proposed by the applicant and approved by the city council in conjunction with approval of the conditional use permit for the structure;
(F) The structure is located within that portion of the industrial district bounded by the Burlington Northern main line, West Third Street, the Burlington Northern spur line, Bob Mitchell Way, and Garfield Street, all as they are now presently located;
(G) No more than one accessory dwelling unit or apartment shall be provided per nonresidential structure, except that in structures containing more than one nonresidential use no more than one accessory dwelling unit or apartment per nonresidential use shall be provided and each residential unit or apartment shall be directly connected to the nonresidential use to which it is accessory;
(H) The required number of parking spaces shall be as specified for each business use or type of use under Chapter 20.56; and
(I) The city council is authorized to establish conditions addressing the live-work structure, site improvements and uses allowed in the structure through the conditional use permit approval process; and all use of a live-work structure shall be in compliance with all such conditions of approval;
(8) Recycling centers and facilities processing recycled materials within an enclosed structure;
(9) Power generation plants utilizing natural gas as a single fuel that generate three hundred fifty megawatts or more per hour, and all dual-fuel power generation plants;
(10) Indoor shooting ranges;
(11) Transportation-related facilities (such as freight operations and terminals), excluding freight operations and terminals involving the storage or transport of refuse;
(12) On-site hazardous waste and treatment facilities accessory to a use permitted in the district; provided, that such facilities comply with the state hazardous waste siting standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;
(13) Mini-warehouse uses subject to the requirements to Chapter 20.46;
(14) Other uses similar to the above and all uses not otherwise identified as permitted or prohibited uses that would be appropriate to the industrial district. (Ord. 1832 § 4, 2025; Ord. 1831 § 7, 2025; Ord. 1619 § 2, 2013: Ord. 1558 § 1, 2010: Ord. 1520 § 2, 2008: Ord. 1002 (Attachment A) (part), 1989)
20.44.035 Conditional use permit criteria.
In addition to reviewing a proposed conditional use for consistency with the conditional use permit criteria set forth under Section 20.66.020, the city council shall consider the following criteria when reviewing applications for conditional use permits in the I district:
(1) The extent to which the proposed use is consistent with the purpose established under Section 20.44.010;
(2) The benefits to the public that will result from permanent improvements associated with the proposed use that increase the city’s tax base;
(3) The number, duration and quality of jobs that will result from establishment of the proposed use;
(4) The extent to which potential impacts to the public and neighboring properties and resources, including to neighboring zoning districts, will be mitigated to within acceptable levels such that the use will not result in adverse impacts to private property, property values, quality of life, and community and environmental health; and
(5) The extent to which the use will generate benefits or contribute revenue that will offset impacts to or use of public facilities. (Ord. 1831 § 7, 2025; Ord. 1619 § 3, 2013)
20.44.040 Prohibited uses.
The following uses are prohibited in the I district:
(1) Manufacture, compounding, processing, refining and treatment of significant quantities of the following materials, products or operations is prohibited. For the purpose of this section, “significant quantities” consist of a barrel or more at a single time:
(A) Explosives,
(B) Distillation of bones, rendering of inedible fat,
(C) Disposal of dead animals,
(D) Slaughterhouses and stockyards,
(E) Petroleum or gas refining;
(2) Freight operations or terminals involving the storage or transport of garbage or refuse;
(3) Outdoor log chipping, rock crushing, and auto crushing or demolition;
(4) Gravel pits. (Ord. 1831 § 7, 2025; Ord. 1619 § 4, 2013: Ord. 1520 § 3, 2008: Ord. 1002 (Attachment A) (part), 1989)
20.44.050 Yard requirements.
(a) Front Yard. The depth of the front yard for properties containing a structure which is at least two stories shall be not less than forty-five feet as measured from the foundation line of any principal or accessory structure. The depth of the front yard for properties containing a structure which is one story shall be not less than twenty feet as measured from the foundation line of any principal or accessory structure.
(b) Rear Yard. The depth of the rear yard shall be not less than (of) five feet as measured from the foundation line of any structure; provided, that accessory buildings may be located in the rear yard if located no closer than two feet from the rear property line.
(c) Side Yard. The depth of each side yard shall be not less than ten feet as measured from the foundation line of any structure.
(d) Exemptions From Yard Requirements. The depth of yard requirement shall not apply to utility or security structures such as poles, meters, fences, guard structures and the like. (Ord. 1831 § 7, 2025; Ord. 1002 (Attachment A) (part), 1989)
20.44.060 Setbacks from streams.
(a) All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program.
Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.
(b) On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1831 § 7, 2025; Ord. 1002 (Attachment A) (part), 1989)
20.44.070 Lot coverage.
Structures in the I district shall not cover more than sixty percent of the area of the lot on which it is located. (Ord. 1831 § 7, 2025; Ord. 1002 (Attachment A) (part), 1989)
20.44.080 Open space.
At least fifteen percent of the parcel shall be open space devoid of structures, accessory facilities and impervious surfaces. (Ord. 1831 § 7, 2025; Ord. 1002 (Attachment A) (part), 1989)
20.44.090 Signs.
(a) Permanent Signs—Industrial Uses.
(1) All signs must be an integral and coordinated part of a site design plan for the entire complex.
(2) One freestanding sign shall be permitted at the entrance to each individual site; provided, that the total sign area for any one face does not exceed sixty-four square feet.
(3) Wall signs shall be flush against the building and shall not exceed twenty-five percent of the total wall area, on which they are located less windows and doors.
(4) Roof signs not greater than five feet above the peak of the roof and not extending beyond the roof it is located on shall be permitted.
(b) Permanent Signs—Other Uses.
(1) One freestanding sign not to exceed sixty-four square feet in surface area per sign face. A maximum of two sign faces shall be allowed. Height of this sign shall not exceed twenty-five feet.
(2) Single-faced signs on walls or eaves not to exceed a cumulative total of one hundred square feet in area.
(3) Roof-mounted signs with a maximum of two faces per sign not to exceed a cumulative total of one hundred square feet in surface area per face (or faces visible from one direction). These signs shall not extend laterally beyond the roof nor more than five feet above the highest point of the roof.
(c) Temporary Signs.
(1) Unlighted temporary building signs not to exceed sixty-four square feet in area, with message limited to the name, address and phone number of the project, contractor, architect, and financial source shall be permitted.
(2) Real estate signs shall be limited to one sign per street frontage, shall be unlighted and shall not exceed sixty-four square feet in area. (Ord. 1831 § 7, 2025; Ord. 1002 (Attachment A) (part), 1989)
20.44.100 Improvement and performance standards.
The following improvement and performance standards shall be applicable to all permitted, accessory and conditional uses in the industrial district. The public works director shall ensure that the following standards are met prior to a new use being established and at all times through the course of operation:
(1) Emissions of smoke, dust and other particulate matter, and of toxic and/or noxious gases and fumes shall meet or exceed standards set by the local air pollution authority (Northwest Clean Air Agency) and all Washington State and federal air quality standards.
(2) Vibration caused by each use shall be so minimized that the ground vibration does not occur and is not detectable at any point on or beyond the exterior boundary of the industrial district.
(3) Uses producing heat, glare and/or steam shall be carried on in such a manner that the heat, glare or steam shall not intrude beyond the boundary lines of the district within which the use is located. Building materials with high light-reflective qualities shall not be used in construction of buildings so that reflected sunlight will not result in intense glare affecting vehicles on public roadways and areas surrounding the zone. Artificial lighting shall be hooded or shaded so that direct light or high-intensity lamps will not result in glare when viewed from areas surrounding the zone.
(4) Noise and sound levels shall not exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels within the zone and beyond the zone boundaries shall be as established by the State of Washington Department of Ecology under WAC 173-60-040 and as adopted by the Sumas city council under Chapter 8.26.
(5) All operational areas where authorized activities are proposed to be carried out, including areas used for storage of input materials, finished products or waste materials, shall be elevated through the placement of fill to at a minimum the base flood elevation as established on the flood insurance rate map prepared by the Federal Emergency Management Agency and adopted by the city. This provision shall not apply to areas mapped as being within the special flood risk zone or special flood corridor established pursuant to the city’s flood damage prevention ordinance, codified as Chapter 14.30, where establishment of such operational areas as described above is prohibited. The public works director is authorized to waive the requirement set forth in this provision when it is determined that the activities, operations and materials at the specific location proposed will not pose a risk to public health, safety and welfare if such area is not elevated as required herein. In cases where strict conformance to this standard would constitute a hardship, the public works director is authorized to establish alternative mitigating measures that will ensure that risks to the public health, safety and welfare will be minimized to within acceptable levels.
(6) Access Driveways, Travel Routes and Vehicular Turnarounds. Where determined by the public works director to be necessary and applicable to the proposed use, access driveways, on-site vehicular travel routes and vehicular turnarounds meeting city and fire district requirements shall be installed prior to commencing operations.
(7) Frontage Improvements. Where determined by the public works director to be necessary and applicable to the proposed use, frontage improvements shall be completed prior to commencing operations that include driveway access aprons, roadway widening, turn lanes, sidewalks, curbs and gutters, and stormwater management facilities per the Washington Department of Ecology Stormwater Management Manual for Western Washington.
(8) Screening. Where determined to be necessary by the public works director, screening such as fencing or landscaping shall be installed prior to commencing operations. (Ord. 1831 § 7, 2025; Ord. 1619 § 5, 2013)