22.09.050 Industrial development.
The Bellingham waterfront has three federal shipping channels that are intended specifically for water-borne commerce and industry. Water-dependent industrial uses are preferred and encouraged within these shoreline areas.
A. Policies.
1. Where necessary depth for industrial uses is adjacent, water-dependent industrial development should be given priority over water-related industrial uses; provided, however, that in both instances they do not conflict with planned or existing public access and habitat restoration.
2. Expansion or redevelopment of water-dependent industrial facilities and areas should be encouraged, provided it will not create a net loss of shoreline ecological function and processes.
3. New water-dependent industrial development should incorporate physical and/or visual public access to the water except when such access causes significant interference with operations or hazards to life or property.
4. Water-dependent industrial uses located on property in public ownership should provide public access to the shoreline whenever feasible provided the requirements in BMC 22.08.090, Public access, are met.
5. Water-dependent industrial development and redevelopment should be consistent with all of the following: Waterfront Futures Group Framework Plan, Bellingham Bay Demonstration Pilot Project Comprehensive Strategy and Land Use Documentation Report and the Port of Bellingham’s Comprehensive Scheme of Harbor Improvements, where applicable.
6. On upland industrial sites, environmental cleanup and/or remediation should be implemented to serve a variety of future land uses.
7. Water-dependent industrial development should be located only on shorelines where commercial navigability is adjacent to the proposed use.
8. Water-dependent and water-related industrial redevelopment is encouraged. Water-related uses should not adversely impact the shoreline ecological function or critical areas and should provide access to the general public.
9. New non-water-oriented industrial development should only be allowed on shorelines in conjunction with or in support of permitted uses and said uses should provide public access to the adjacent shoreline.
10. New water-dependent or water-related industrial uses should, when feasible, take advantage of and utilize legally established existing industrial facilities.
B. Regulations.
1. Water-dependent and water-related industrial uses shall comply with the applicable requirements in this title.
2. Water-dependent and water-related industrial development shall not degrade the ecological function of the shorelines or disrupt existing or proposed public access amenities.
3. Where shoreline stabilization or in-water structures are required to establish a water-dependent industrial use, the requirements in BMC 22.08.120, Shoreline modifications/stabilization, shall apply as well as the following:
a. Improve existing ecological function especially viability for migrating salmonids and other aquatic species.
b. Manage and/or remediate contaminated sediments in accordance with state and federal laws.
c. Provide public access to the water body where safety and operation of use are not compromised.
d. Minimize shading and water surface coverage.
4. Water-dependent and water-related industrial uses shall provide public access to the shoreline per the standards in BMC 22.08.090, Public access, provided said access does not compromise the integrity or operation of the use, does not threaten the safety and welfare of the general public and does not interfere with an existing adjacent use.
5. On upland industrial sites, environmental remediation shall be consistent with applicable state and federal laws.
6. Water-dependent industrial development shall occur only on shorelines where commercial navigability is adjacent to the proposed use.
7. Any type of industrial development on shorelines shall implement a range of low impact development techniques to minimize the impacts on riparian and near-shore environments and upland areas.
8. Non-water-oriented industrial uses (located along freshwater shorelines) shall provide adequate landscape screening from shoreline areas, especially where public trails and/or access is existing or proposed.
9. Parking areas required for industrial development shall not be located between shorelines and development unless said parking is inherent to the use itself, and not accessory or employee parking.
10. Industrial development shall minimize site lighting per the requirements in this chapter.
11. Non-water-oriented industrial uses shall not be located on shorelines when adjacent to navigable waters unless they meet at least one of the criteria below:
a. The use is part of a shoreline mixed-use project that includes a water-dependent use;
b. The use is within the shoreline jurisdiction but physically separated from the shoreline by a significant separate property, public right-of-way, or existing use; or
c. The use is located within the waterfront district shoreline mixed use designation and subject to the use allowances in BMC 22.03.030(F), Shoreline environmental designations. [Ord. 2013-02-005 § 2 (Exh. 1)].