HomeMy WebLinkAboutord2014-041 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-060D
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator:Carl 1/28/2014 Introduction
Weimer 2/11/2014 Public Hearing
I�
// 2/272014 Planning Commission
Division II-1 I �V/ J 3252014 P&D Committee
// 4/82014 P&D Committee
Dept.Head: (0 9—/LL JUN 10 2014 4222014 P&D Committee
4222014 Introduction
Prosecutor WEI Ia — WHATCOM COUNTY 5/6/2014 Public Hearin°
COUNCIL 5202014 Public Hearing
Purchasing/Budget: 6/32014 P&D Committee
Executive:Jack 6/3/2014 Introduction
Louws Af .C� • 9 , l C...' 6/172014 P&D Committee
6/172014 Introduction
7/8/2014 Public Hearing
TITLE OF DOCUMENT: Zoning amendment to allow Packinghouses and Slaughterhouses in the Agriculture
(AG), Heavy Impact Industrial(HII), and Rural Industrial Manufacturing(RIM)zoning districts.
ATTACHMENTS:
1) Memo to Council
2) Proposed Ordinance
3) Exhibit A —Proposed Code Amendments
4) Attachment A —SEPA DNS Reaffirmation
SEPA review required? (X) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? (X) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This ordinance would require all packinghouse and slaughterhouse applications in the Agriculture Zoning
District to be processed as administrative approval uses (<2,000 sf) or conditional uses (2,000-7,000 sf). It
would also allow packinghouses and slaughterhouses in Heavy Impact Industrial (HII) zones as permitted uses
and packinghouses in the Rural Industrial Manufacturing(RIM) zone as an administrative approval use
COMMITTEE ACTION: COUNCIL ACTION:
6/17/2014: Approved and forwarded to the Council for 6/17/2014: Introduced, proposed a public hearing for July
introduction 8
7/8/2014: Council adopted 7-0, Ord. 2014-041
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
2012-300 Ord. 2014-041
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: wwx.co.whatcom.wa.us/council.
PROPOSED BY:
SPONSORED BY:
INTRODUCTION DATE: 4/22/14
ORDINANCE NO. 2014-
AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE (AG),
HEAVY IMPACT INDUSTRIAL (HII), AND RURAL AND INDUSTRIAL
MANUFACTURING (RIM) ZONING DISTRICTS.
WHEREAS, on September 10, 2013, the Whatcom County Council adopted
Ordinance No. 2013-051, entitled "Zoning Amendment to Allow Agricultural
Packinghouses in the Agriculture Zoning District"; and
WHEREAS, Whatcom County Planning and Development Services staff
originally proposed that all applications for packinghouses in the Agriculture Zoning
District be processed as conditional uses and a public hearing was held on staff's
proposed amendments before the Planning Commission; and
WHEREAS, the ensuing process before the Planning Commission and the
County Council leading up to the adoption of the final ordinance was lengthy,
involving numerous work sessions and public hearings, and was fraught with
controversy; and
WHEREAS, the Planning Commission recommended to the County Council
the adoption of an ordinance allowing applications for packinghouses with no more
than 20 employees, regardless of size, to be processed as permitted uses and
applications for packinghouses with more than 20 employees, regardless of size,
were to be processed as conditional uses; and
WHEREAS, the County Council ultimately adopted an ordinance allowing
applications for packinghouses no larger than 7,000 square feet to be processed as
permitted accessory uses and applications for packinghouses larger than 7,000
square feet, but less than 20,000 square feet, to be processed as conditional uses;
and
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WHEREAS, the County received many public comments during the adoption
process expressing concerns about packinghouses and their potential threat to
water quality and water quantity, as well as various other potential impacts they
could have on neighboring uses. In addition, concerns were expressed about the
potential loss of prime agricultural land and the impact of allowing such uses in
critical areas and hazardous areas; and
WHEREAS, on November 13, 2013, Nicole Brown, Wendy Harris, and Tip
Johnson filed a Petition for Review with the Growth Management Hearings Board
challenging Ordinance No. 2013-051 on several grounds; and
WHEREAS, the adoption of a new ordinance could potentially resolve the
appeal before the Growth Management Hearings Board, thereby saving the public
resources necessary to maintain such litigation; and
WHEREAS, the proposed amendment has been reviewed under the State
Environmental Policy Act (SEPA); and
WHEREAS, in accordance with RCW 36.70A.106 Whatcom County Planning
and Development Services notified the Department of Commerce of the proposed
interim zoning amendment; and
WHEREAS, the Whatcom County Planning Commission held a public hearing
on the proposed amendment and considered all testimony; and
WHEREAS, the Whatcom County Planning Commission forwarded its findings
and reasons for action to the County Council; and
WHEREAS, the Whatcom County Council has reviewed the Planning
Commission recommendation; and
WHEREAS, the Whatcom County Council held 3 work sessions in the
Planning and Development Committee; and
WHEREAS, the Whatcom County Council held 2 public hearings on the
proposed amendment and considered all testimony; and
WHEREAS, the Whatcom County Council hereby adopts the following
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findings of fact and conclusions:
FINDINGS
1. The proposal is to amend the Agriculture (AG) and Heavy Impact Industrial
(HII) zoning district portions of the Zoning Code, to allow for packinghouses
and slaughterhouses, and the Rural and Industrial Manufacturing (RIM)
zoning district to allow for packinghouses.
2. The proposal has been posted to the County website.
3. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on January 16, 2014.
4. Notice of the Planning Commission work session for the subject amendment
was posted on the County's website in February 2014.
5. In order to approve the zoning amendment, the County must find that it is
consistent with the Growth Management Act. Additionally, the County must
find that the zoning amendment is consistent with and implements the
Whatcom County Comprehensive Plan.
6. The Growth Management Act includes a planning goal to "Encourage
economic development throughout the state that is consistent with adopted
comprehensive plans, promote economic opportunity for all citizens of this
state, especially for unemployed and for disadvantaged persons, promote the
retention and expansion of existing businesses and recruitment of new
businesses, recognize regional differences impacting economic development
opportunities, and encourage growth in areas experiencing insufficient
economic growth, all within the capacities of the state's natural resources,
public services, and public facilities" (RCW 36.70A.020(5)).
This proposed zoning amendment would allow for new packinghouses and
slaughterhouses within the agriculture and heavy impact industrial zoning
districts, as well as packinghouses within the rural and industrial
manufacturing district. Prior to the adoption of Ordinance No. 2013-051,
new packinghouses and slaughterhouses were prohibited within the
agriculture zoning district.-, and new packinghouses were prohibited within
the rural and industrial manufacturing zoning district. Staff recognizes the
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benefit to the agricultural industry this amendment would provide by allowing
greater opportunities for farmers to get their product to the end user. The
Growth Management Act allows for jurisdictions to implement innovative
zoning techniques, which should be designed to conserve agricultural lands
and encourage the agricultural economy. This proposed amendment would
support planning goal RCW 36.70A.020(5) Economic Development.
7. The Growth Management Act also includes a planning goal to "Maintain and
enhance natural resource-based industries, including productive timber,
agricultural, and fisheries industries. Encourage the conservation of
productive forest lands and productive agricultural lands, and discourage
incompatible uses" (RCW 36.70A.020(8)).
This proposed zoning amendment would allow for new packinghouses and
slaughterhouses within the agriculture and heavy impact industrial zoning
districts, as well as packinghouses within the rural and industrial
manufacturing district. Staff recognizes the benefit to the agricultural
industry this amendment would provide by allowing greater opportunities for
farmers to get their product to the end user. This proposed amendment
would support planning goal RCW 36.70A.020(8) Natural Resource
Industries.
8. Consistent with RCW 36.70A.177, this amendment will allow packinghouses
and slaughterhouses within the agricultural zone that will support the
agricultural community by allowing production of value-added agricultural
products and will not interfere with the overall agricultural use and character
of the County's designated agricultural lands of long-term commercial
significance.
9. Policy 8B-1: Promote the expansion and stability of local and regional
agricultural economies.
This proposed zoning amendment would allow for new packinghouses and
slaughterhouses within the agriculture and heavy impact industrial zoning
districts, as well as packinghouses within the rural and industrial
manufacturing district. Presently, Keizer Meats of Lynden, which operates
the only USDA approved facility north of King County that is open to the
general public, has received conditional approval to operate a facility at the
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location of their approved meat cutting and packing facility on Bob Hall Rd.
Approval of this proposed amendment would allow other citizens within the
agriculture, heavy impact industrial, and rural and industrial manufacturing
zoning districts to provide slaughtering and value added services to Whatcom
County farmers and allow greater opportunities for farmers to generate
value-added products and get their product to the end user.
10. Policy 8B-2: Assist Whatcom County's agricultural industry in the pursuit of
its long-term economic potential. This should include the development of
strategies and policies necessary to reach this potential, in terms of both
production and diversity.
This proposed zoning amendment would allow for new uses not presently
allowed in the agriculture, heavy impact industrial, and rural and industrial
manufacturing zoning districts. Allowing this use may increase production
and diversity of livestock by providing greater opportunities for livestock
owners to get their product to the end user.
11. Policy 8B-4: Support methods and strategies to market Whatcom County
agriculture in ways which ensure that agricultural activities (such as dairying)
and entities (such as processors) will remain here in the long term.
Allowing new packinghouses and slaughterhouses within the agriculture and
heavy impact industrial zoning districts, as well as packinghouses within the
rural and industrial manufacturing district, would provide for additional
marketing of Whatcom County livestock, as there is presently only one
permitted USDA approved facility within any Whatcom County jurisdiction.
12. County-Wide Planning Policy I-5: The county and the cities should include an
economic development element in their Comprehensive Plans. Economic
development elements should be consistent with the CEDS. Economic
development shall be coordinated with environmental concerns to protect the
quality of life. Planning efforts should address economic sustainability. As
part of the comprehensive planning process and through implementation of
the comprehensive plan, the County shall develop and adopt goals, policies
and regulations that protect resource land industries and support and
encourage resource-based industries.
Page 5
Approval of this proposed amendment would allow citizens within the
agriculture, heavy impact industrial, and rural and industrial manufacturing
zoning districts to provide slaughtering and value added services to Whatcom
County farmers and allow greater opportunities for farmers to get their
product to the end user. By approving the proposed amendment,
comprehensive plan goals and policies and their related development
regulations that support and encourage resource-based industries would be
implemented.
13. County-Wide Planning Policy I-9: The County and the cities recognize the
need for the protection and utilization of natural resources and resource
lands including agricultural, mineral, forestry and fishing. As part of a broad
based economy, productive timber, agriculture and fisheries industries should
be supported in a sustainable manner.
Approval of this proposed amendment would allow citizens within the
agriculture, heavy impact industrial, and rural and industrial manufacturing
zoning districts to provide slaughtering and value added services to Whatcom
County farmers and allow greater opportunities for farmers to get their
product to the end user. Approval of this proposal would allow for an
increase to the economic base for agricultural products related to livestock.
14. Packinghouses and slaughterhouses within the agriculture, heavy impact
industrial, and rural and industrial manufacturing zones allow for a local,
sustainable, humanely raised food supply for the citizens of Whatcom
County.
15. Within the agriculture, heavy impact industrial, and rural and industrial
manufacturing zoning districts limiting holding pens to that necessary to
accommodate animals intended for processing within 24 hours would prevent
packinghouse and slaughterhouse holding pens from becoming feedlots,
while allowing each facility the flexibility to adjust their business accordingly.
16. The proposed amendment has changed from the initial staff proposal that
was reviewed through the State Environmental Policy Act (SEPA). However,
review by the SEPA official and documentation of proposed and existing
Whatcom County Code provisions indicates that this non-project level
proposal is not likely to generate significant adverse environmental impacts,
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therefore, the previously issued SEPA Threshold Determination of
Determination of Nonsignificance (DNS) is still applicable.
17. The Rural Industrial Manufacturing (RIM) zone is the only zone presently in
Whatcom County that specifically provides a permitting pathway to allow for
slaughtering facilities. Applicability of land within the RIM zone to a new
slaughterhouse is presently limited to the I-5 Rural Business RIM zone.
18. According to the 2007 USDA Census of Agriculture, Whatcom County has
95,500 cattle and calves.
19. Keizer Meats, the only USDA approved slaughtering facility in Whatcom
County, is limited to slaughtering 2,000 animals per year through their
Conditional Use Permit.
20. Both nationwide and locally, the percentage of livestock operations selling
product directly to consumers or retailers is much smaller than that of other
agricultural products (US Department of Agriculture. Slaughter and
Processing Options and Issues for Locally Sourced Meat. USDA Economic
Research Service. 2012).
21. Limited slaughter and processing capacity is often cited as a key barrier to
marketing of meat and poultry locally (US Department of Agriculture.
Slaughter and Processing Options and Issues for Locally Sourced Meat. USDA
Economic Research Service. 2012).
22. The number of slaughter plants has decreased in recent years, both
nationwide and locally (US Department of Agriculture. Slaughter and
Processing Options and Issues for Locally Sourced Meat. USDA Economic
Research Service. 2012).
23. Nationwide 87 percent of federally inspected facilities combine to process just
over 1 percent of cattle slaughtered per year (US Department of Agriculture.
Slaughter and Processing Options and Issues for Locally Sourced Meat. USDA
Economic Research Service. 2012).
24. Lack of nearby slaughter facilities can create logistical impediments to animal
slaughter, particularly in being able to transport animals/meat to and from
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the slaughter plant in a financially practical way (US Department of
Agriculture. Slaughter and Processing Options and Issues for Locally Sourced
Meat. USDA Economic Research Service. 2012).
25. Nationwide given the mismatch between smaller producers and larger plants,
many individual producers marketing their meat via niche marketing
arrangements must rely on smaller facilities, wherever they are located.
Small producers may prefer to use a smaller slaughter and processing facility
because a smaller plant is likely to be more flexible in satisfying the
producer's individual processing requests (US Department of Agriculture.
Slaughter and Processing Options and Issues for Locally Sourced Meat. USDA
Economic Research Service. 2012).
26. Nationwide sales of food sold via direct-to-consumer marketing have more
than doubled over the last decade (USDA/NASS, 2007 Census of
Agriculture). However, direct-to-consumer and intermediated sales of
livestock products have not grown as rapidly as other food categories,
despite apparent demand. Local producers continue to perceive a lack of
local slaughter capacity as a hindrance in trying to meet growing demand
(US Department of Agriculture. Slaughter and Processing Options and Issues
for Locally Sourced Meat. USDA Economic Research Service. 2012).
27. Currently, the vast majority of livestock and poultry slaughter in the United
States is done in a relatively small number of very large facilities (US
Department of Agriculture. Slaughter and Processing Options and Issues for
Locally Sourced Meat. USDA Economic Research Service. 2012).
28. New methods for animal slaughter and processing geared toward local
markets, for example, mobile slaughter units (MSUs), can help meet some of
the need for increased slaughter capacity in localized areas and enable the
growth of small livestock producers marketing products to consumers in their
region or community (US Department of Agriculture. Slaughter and
Processing Options and Issues for Locally Sourced Meat. USDA Economic
Research Service. 2012).
29. As part of the review process for the proposed amendments, Planning and
Development Services has read numerous background documents including,
but not limited to:
Page 8
• US Department of Agriculture. Layout Guide for Small Meat Plants. C. F.
Brasington and D.R. Hammonds. USDA Agricultural Research Service.
1976. http://www.ncagr.gov/meatpoultry/pdf/Layout%20Guide.pdf.
• University of Wisconsin Cooperative Extension. Pollution Prevention for
Small Slaughterhouse and Meat Packing Operations. Solid & Hazardous
Waste Education Center. 2012.
http://www4.u wm.ed u/sh wec/publications/cabinet/p2/Pollution°I%20Preve
ntion-Small%20Slaughterhouse%200perations.pdf.
• US Department of Agriculture. Slaughter and Processing Options and
Issues for Locally Sourced Meat. USDA Economic Research Service. 2012.
http://www.ers.usda.gov/media/820188/Idpm216-01.pdf.
• Great Northern Corporation and Economic Development "ON CALL".
Siskiyou Slaughter Facility Preliminary Feasibility Study & Action Plan.
2005. http://calaverasgrown.org/wp-content/uploads/2011/12/Siskiyou-
GOS-072105909.pdf.
• US Environmental Protection Agency. Technical Development Document
for the Final Effluent Limitations Guidelines and Standards for the Meat
and Poultry Products Point Source Category (40 CFR 432). 2008.
http://water.epa.gov/scitech/wastetech/guide/mpp/upload/2008 07 15
guide mpp final tddl4.pdf.
• Kilpatrick, John A. Letter to Client. 30 Sept. 2011.
http://www.sraproject.org/wp-
content uploads 2012 08 Kii■atrickCAFOPro r ReviewReportEdit.pdf
• US Department of Agriculture. News Release: USDA Identifies Gaps,
Releases Maps Which Detail U.S. Local Meat Processing Facilities. USDA
Office of Communications. 2010.
http://www.usda.gov/wps/portal/usda/usdahome?contentid=2010/05/02
84.xml.
• US Department of Agriculture. Slaughter availability to small livestock and
poultry producers - Maps. USDA Food Safety and Inspection Service.
2010. http://www.fsis.usda.gov/wps/wcm/connect/48397e1a-dfc0-4d56-
bfb5-996fa994f881/KYF maps-
050410 FOR RELEASE 480.pdf?MOD=AJPERES.
CONCLUSIONS
1. The proposed amendments are consistent with the Whatcom County
Comprehensive Plan.
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2. The proposed amendments serve the public interest by supporting the
local agricultural industry.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the Whatcom County Zoning Code is hereby amended as shown in Exhibit A.
BE IT FURTHER ORDAINED that upon the effective date of this ordinance,
the interim ordinance as adopted by ORD2014-008 shall no longer be effective.
BE IT FURTHER ORDAINED that if any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid or
unconstitutional; such decision shall not affect the validity of the remaining portions
of this ordinance. The Council hereby declares that it would have passed this code
and each section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases has
been declared invalid or unconstitutional, then the original ordinance or ordinances
shall be in Full force and effect.
�01%11 riififii`
c0 Li ■.'r
AD s day of July 2014.
O0 GO WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
#111ALabb. ele.11416.6
Ma .__
Dana Bra -�avi , er_ �tif the Council Carl Weimer, Council Chair
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO WHATC_O-M- OUNT `, WASHINGTON
Lam. _
Karen N. Frakes Jack Lou i s, Count Executive
Civil Deputy Prosecutor I
( , _ Approved ( ) Denied
Date Signed:
Page 10
EXHIBIT A
20.40.130 Administrative Approval Uses
.139 Packinghouses, as identified in WCC 20.97.282.1, and slaughterhouses, as
identified in WCC 20.97.423.1, 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:
(1)"Administrative approval use" approval criteria located in WCC 20.84.235(3)
shall be satisfied.
(2)The facility is an accessory use, as identified in WCC 20.97.005 "Accessory
Use"
(3)The total allowable building area is no larger than 2,000 square feet.
(4)Holding pens associated with packinghouses and slaughterhouses shall be
limited to that necessary to accommodate animals intended for processing
within 24 hours.
(5)The facility shall comply with solid waste handling standards as set forth in
WAC 173-350, as administered by the Whatcom County Health Department
as adopted by reference in WCC 24.06
(6)If required by the Washington State Department of Ecology, the following
permits shall be obtained:
a. State waste discharge permit (WAC 173-216)
b. Industrial stormwater permit - general permit (WAC 173-226)
c. An NPDES Permit (RCW 90.48 and WAC 173-220)
(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 WCC 20.40.139 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
1
County Public Works River and Flood Division through WCC Title 17.
20.40.150 Conditional Uses
.164 Packinghouses, as identified in WCC 20.97.282.1, and slaughterhouses as
identified in WCC 20.97.423.1, 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:
(1)"Conditional use" approval criteria located in WCC 20.84.220 shall be satisfied.
(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 WCC 20.97.005 "Accessory
Use"
(4)Holding pens associated with packinghouses and slaughterhouses shall be
limited to that necessary to accommodate animals intended for processing
within 24 hours.
(5)The facility shall comply with solid waste handling standards as set forth in
WAC 173-350, as administered by the Whatcom County Health Department
as adopted by reference in WCC 24.06
(6)If required by the Washington State Department of Ecology, the following
permits shall be obtained:
a. State waste discharge permit (WAC 173-216)
b. Industrial stormwater permit - general permit (WAC 173-226)
c. An NPDES Permit (RCW 90.48 and WAC 173-220)
(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 WCC 20.40.165 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.
2
Chapter 20.68 Heavy Impact Industrial (HII)
20.68.050 Permitted Uses
.051 The manufacture and processing of food including meat (including
packinghouses and slaughterhouses), dairy, fruits, vegetables, seafood, grain mill,
large scale bakery, sugar and beverage products, provided the following criteria are
met:
(1)Holding pens associated with packinghouses and slaughterhouses shall be
limited to that necessary to accommodate animals intended for processing
within 24 hours.
(2)The facility shall comply with the solid waste handling standards as set forth in
WAC 173-350, as administered by the Whatcom County Health Department
as adopted by reference in WCC 24.06.
(3)If required by the Washington State Department of Ecology, the following
permits shall be obtained:
a. State waste discharge permit (WAC 173-216);
b. Industrial stormwater permit - general permit (WAC 173-226);
c. An NPDES permit (RCW 90.48 and WAC 173-220).
Chapter 20.69 Rural Industrial Manufacturing (RIM)
20.69.130 Administrative approval uses
20.69.131 Packinghouses and Slaughterhouses, provided the following criteria are
met:
(1)Holding pens associated with packinghouses and slaughterhouses shall be
limited to that necessary to accommodate animals intended for processing
within 24 hours.
(2)The facility shall comply with the solid waste handling standards as set forth in
WAC 173-350, as administered by the Whatcom County Health Department
as adopted by reference in WCC 24.06.
(3)If required by the Washington State Department of Ecology, the following
permits shall be obtained:
a. State waste discharge permit (WAC 173-216);
b. Industrial stormwater permit - general permit (WAC 173-226);
c. An NPDES permit (RCW 90.48 and WAC 173-220).
Chapter 20.80 Supplementary Requirements
20.80.200 Setback requirements
20.80.255 Agriculture District.
(1) The 50-foot front yard setback requirement for new buildings or additions may be
waived if the zoning administrator finds the new building or addition is located along
the same building line(s) of existing structures and will result in no additional
encroachment, the public interest, safety and health are protected; provided, that for
3
a new building the applicant shall also demonstrate that the proposed location is
necessary for the economic viability and the continued operation of the agricultural
use.
(2) The minimum separation between new residences not located on the same
property and farm uses such as barns, pens, milking sheds, packinghouses and
slaughterhouses, or areas used to contain, house or feed animals or store manure or
feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas
used to contain, house or feed animals or store manure or feed, shall be situated at
least 150 feet from existing residences not located on the same property. Expansion
of existing facilities within the 150-foot buffer, providing such expansion is not closer
to a neighbor's residence, and pastures are excluded from this section's
requirements.
(3) The minimum separation between packinghouses/slaughterhouses and schools
shall be 500 feet.
(4) The minimum separation between packinghouses/slaughterhouses and adjacent
property lines shall be 150 feet.
20.97.282.1 Packinghouse
"Packinghouse" means a plant that both slaughters animals and subsequently
processes carcasses into fresh, cured, smoked, canned or other prepared meat
products. Rendering and importation of animal by-products is strictly prohibited in
packinghouses. Packinghouses shall not slaughter poultry. Packinghouses exclude
temporary, mobile or other on-farm, owner-raised poultry slaughtering operations
regulated under WAC 16-170 and/or RCW 69.07 that do not require USDA inspection.
Agricultural producers who raise poultry may slaughter up to one thousand (1,000)
poultry raised on their own farm annually subject to the special poultry permit
requirements of WAC 16-170. Agricultural producers who process between one
thousand (1,000) and twenty thousand (20,000) poultry a year on their farm are
subject to the food processor license requirements of RCW 69.07.
20.97.310 Poultry
"Poultry" means products derived from the slaughter and processing of broilers, other
young chickens, mature chickens, hens, turkeys, capons, geese, ducks, small game
fowl such as quail or pheasants, and small game such as rabbits.
20.97.343 Rendering
"Rendering" means the process or business of producing tallow, grease, and high-
protein meat and bone meal from animal by-products.
20.97.343.1 Rendering Plant
"Rendering plant" means a plant that processes animal by-product materials for the
production of tallow, grease, and high-protein meat and bone meal.
4
20.97.423.1 Slaughterhouse
"Slaughterhouse" means a facility that slaughters animals and has as its main product
fresh meat as whole, half or quarter carcasses or small meat cuts. Rendering and
importation of animal by-products is strictly prohibited in slaughterhouses.
Slaughterhouses shall not slaughter poultry. Slaughterhouses exclude temporary,
mobile or other on-farm, owner-raised poultry slaughtering operations regulated
under WAC 16-170 and/or RCW 69.07 that do not require USDA inspection.
Agricultural producers who raise poultry may slaughter up to one thousand (1,000)
poultry raised on their own farm annually subject to the special poultry permit
requirements of WAC 16-170. Agricultural producers who process between one
thousand (1,000) and twenty thousand (20,000) poultry a year on their farm are
subject to the food processor license requirements of RCW 69.07.
20.97.424 Slaughtering
"Slaughtering" means the killing and processing of animals for human consumption.
5