Chapter 30.91N
"N" DEFINITIONS

Sections:

30.91N.010    Native growth protection area (NGPA).

30.91N.011    Native vegetation

30.91N.012    Native vegetation.

30.91N.013    Native Vegetation Retention Area (NVRA).

30.91N.020    Natural resource area.

30.91N.030    Natural resource lands.

30.91N.032    Naturally occurring ponds.

30.91N.033    Neighborhood services.

30.91N.035    Net density.

30.91N.040    New construction.

30.91N.044    New development.

30.91N.045    Nits.

30.91N.050    Nonconforming structure.

30.91N.060    Nonconforming structure.

30.91N.070    Nonconforming use.

30.91N.080    Nonconforming use.

30.91N.090    Nonprofit housing organization.

30.91N.092    Non-riparian.

30.91N.095    Normal maintenance or repair.

30.91N.097    Normal protective bulkhead.

30.91N.100    Nuisance.

30.91N.102    Nuisance odor.

30.91N.110    Nuisance, public (Public nuisance).

30.91N.120    Nursery.

30.91N.010 Native growth protection area (NGPA).

"Native growth protection area (NGPA)" means an area which is to be left permanently undisturbed in a substantially natural state and in which no clearing, grading, filling, building construction or placement, or road construction of any kind is allowed except the following:

(1) Crossings for underground utility lines and drainage discharge swales which utilize the shortest alignment possible and for which no alignment that would avoid such a crossing is feasible;

(2) Removal of hazardous trees by the property owner;

(3) Fences, only if the critical area and its buffer are not detrimentally affected;

(4) Other uses and development activity as allowed; and

(5) In rural cluster subdivisions approved pursuant to chapter 30.41C SCC, buffer plantings as required by SCC 30.41C.075 and passive recreational uses limited to nonmotorized trails, exercise pathways, and wildlife viewing areas.

For critical areas, this definition applies only to critical areas designated under the critical area regulations before adoption of the 2007 Critical Areas Regulations Update in chapters 30.62A, 30.62B and 30.62C. See "Critical area protection areas."

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007)

30.91N.011 Native vegetation

"Native vegetation" means plants which are indigenous to the Puget Sound region, not including noxious weeds, introduced species or exotic plants.

This definition applies only to "Shoreline" regulations in chapters 30.44 and 30.67 SCC.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.91N.012 Native vegetation.

"Native vegetation" means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include, but are not limited to, trees such as douglas fir, western hemlock, western red cedar, alder, big leaf maple and vine maple, shrubs such as willow, elderberry, salmonberry and salal, and herbaceous plants such as sword ferns, foam flower and fireweed.

(Added by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010)

30.91N.013 Native Vegetation Retention Area (NVRA).

"Native Vegetation Retention Area" (NVRA) means an encumbered portion of a site protecting existing trees and vegetation used to satisfy landscape screening requirements on a project. The NVRA may not extend property lines unless the adjoining property is included within the boundaries of the initial permit.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.91N.020 Natural resource area.

"Natural resource area" means that portion of natural resource lands designated local commercial farmland, upland commercial farmland, riverway commercial farmland, local forest, commercial forest and commercial forest--forest transition area pursuant to the comprehensive plan General Policy Plan.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.030 Natural resource lands.

"Natural resource lands" means lands useful for agriculture, forestry or mineral extraction or lands which have long-term commercial significance for these land uses.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.032 Naturally occurring ponds.1

"Naturally occurring ponds" do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farmponds, temporary construction ponds (of less than three years duration) and landscape amenities. Naturally occurring ponds may include those artificial ponds intentionally created from dry areas to mitigate conversion of ponds, if permitted by a regulatory authority.

(Added by Ord. 17-039, July 12, 2017, Eff date Aug. 3, 2017)

30.91N.033 Neighborhood services.

"Neighborhood services" means uses providing services to the residents and employees in the vicinity of their neighborhood. Examples include cleaning establishments, grooming parlors, gymnasiums, health clubs, licensed practitioners, martial arts instruction, medical clinics, and personal service shops.

(Added by Amended Ord. 16-013, Mar. 8, 2017, Eff date May 7, 2017)

30.91N.035 Net density.

"Net density" means the density of residential development excluding roads, critical areas and required buffers, drainage detention/retention areas, biofiltration swales, and areas required for public use.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.040 New construction.

"New construction" means structures for which the start of construction commenced on or after March 15, 1984.

This definition applies only to "Flood hazard" regulations in chapters 30.43C, 30.43D, and 30.65 SCC.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.044 New development.

"New development" means land disturbing activities, including Class IV - general forest practices; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivisions, short subdivisions, residential condominiums, single family detached units (SFDU), residential condominiums, planned residential developments (PRD) and binding site plans. Projects meeting the definition of redevelopment shall not be considered new development.

(Added by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016)

30.91N.045 Nits.

“Nits” means the unit of measurement for luminance, which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter (cd/m2)).

(Added by Ord. 13-073, Dec. 11, 2013, Eff date Dec. 26, 2013)

30.91N.050 Nonconforming structure.

"Nonconforming structure" means a structure which was lawful when established which does not now conform to the setback, height, or lot coverage requirements of the zone in which it is located.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-007, Sep. 11, 2013, Eff date Oct. 3, 2013)

30.91N.060 Nonconforming structure.

"Nonconforming structure" means a structure which was lawful when established which does not now conform to the elevation and/or flood-proofing requirements of chapters 30.43C, 30.43D, and 30.65 SCC.

This definition applies only to "Flood hazard" regulations in chapters 30.43C, 30.43D, and 30.65 SCC.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.070 Nonconforming use.

"Nonconforming use" means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.080 Nonconforming use.

"Nonconforming use" means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the floodway, floodway fringe, and density fringe areas.

This definition applies only to "Flood hazard" regulations in chapters 30.43C, 30.43D, and 30.65 SCC.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.090 Nonprofit housing organization.

"Nonprofit housing organization" means a not-for-profit corporation registered as such with the secretary of state for the state of Washington which has been determined by the Internal Revenue Service as meeting the section 501(c)(3) requirements of the Internal Revenue Code and which is not controlled by a for-profit entity and which has a demonstrated record of housing development experience.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.092 Non-riparian.

"Non-riparian" means areas that are not within the riparian area of a stream, lake or marine water.

(Added Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007)

30.91N.095 Normal maintenance or repair.

"Normal maintenance or repair" of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects the environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location, and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment.

This definition applies only to "Shorelines" regulations in chapters 30.44 and 30.67 SCC and "Critical areas" regulations in chapters 30.62A, 30.62B and 30.62C SCC.

(Added Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.91N.097 Normal protective bulkhead.

"Normal protective bulkhead" means a bulkhead, of a scope or scale common to single family residences, constructed at or near the ordinary high water mark, the sole purpose of which is to protect an existing single family residence from damage due to erosion caused by waves or current action, and not for the purpose of creating new land.

This definition applies only to "Shoreline" regulations in chapters 30.44 and 30.67 SCC.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.91N.100 Nuisance.

"Nuisance" is defined as unlawfully doing an act or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, or offends decency; unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or which in any way renders other persons insecure in life or in the use of property.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.102 Nuisance odor.

"Nuisance odor" means detectable smells perceived by persons so as to interfere with the comfortable enjoyment of life or property.

This definition applies only to "Odor prevention" regulations in chapter 30.28 SCC.

(Added Amended Ord. 06-074, November 8, 2006, Eff date November 26, 2006)

30.91N.110 Nuisance, public (Public nuisance).

"Nuisance, public" ("Public nuisance") a nuisance which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003)

30.91N.120 Nursery.

"Nursery" means an area where trees, shrubs or plants are grown for transplanting, for use as stocks for budding and grafting, or for sale. For a primary use to qualify as a nursery, at least 50 percent of the area must be used for growing trees, shrubs, or plants, and incidental sales of accessories and materials other than trees, shrubs, and plants must be less than 25 percent of total sales and fees generated by the nursery.

(Added Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 15-057, Sept. 2, 2015, Eff date Sept. 18, 2015)


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Code reviser’s note: Ordinance 17-039 adds this section as Section 30.91N.033. It has been editorially renumbered to prevent duplication of numbering.