Chapter 16.08 DEFINITIONS

As used in this title, unless the context requires otherwise, the definitions and concepts set out in this chapter will apply. Terms not defined in this chapter are as set forth in RCW 90.58.030 and its implementing rules and in Chapter 18.08 NPMC. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.020 Act.

“Act” means the Shoreline Management Act of 1971, Chapter 90.58 RCW. (Ord. 998 § 1 (Exh. A), 2020; Ord. 539 § 2, 1991).

16.08.030 Average grade level.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property that will be directly under the proposed building or structure; provided, in the case of structures to be built over water, average grade level shall be the elevations of ordinary high water. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.035 Aquaculture.

“Aquaculture” means the culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.040 Bank.

“Bank” means a steep rise or slope in the land at the edge of a body of water or watercourse. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.050 Beach feeding.

“Beach feeding” means the artificial nourishment/replenishing of a beach by delivery of materials dredged or excavated elsewhere. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.060 Bluff.

“Bluff” means a high, steep, board-faced bank or cliff. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.070 Boathouse.

“Boathouse” means an accessory building which provides shelter and enclosure for a boat only and is erected on a pier or wharf or over a dock or docking slip or is a floating structure located on the same zoning lot for which the primary use has been established. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.080 Breakwater.

“Breakwater” means protective structures usually built offshore to protect harbor areas, moorages, navigation, beaches and bluffs from wave action. Breakwaters may be fixed (e.g., rubble mound or rigid wall), open-pile, or floating. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.090 Carrying capacity.

“Carrying capacity” means the ability of a natural or manmade system to absorb population growth or physical development without any significant degradation or breakdown. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.100 City.

“City” means the city of Normandy Park. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.110 Community dock.

“Community dock” means structures which abut the shoreline and are used as landing or moorage places for watercraft and which serve up to 10 lots or parcels. Docks serving more than 10 lots are considered marinas. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.120 Conditional use.

“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within the master program. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.125 Critical saltwater habitat.

Critical saltwater habitats include all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sandlance; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association. Critical saltwater habitats require a higher level of protection due to the important ecological functions they provide. Ecological functions of marine shorelands can affect the viability of critical saltwater habitats. (WAC 173-26-221(2)(iii)(A)). (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.130 Department.

“Department” means Washington State Department of Ecology (DOE). (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.140 Development.

“Development” means a use, consisting of the construction or exterior alteration of structures, clearing, dredging, drilling, dumping, filling, grading, removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act at any state of water level. Development does not include dismantling or removing structures if there is no other associated development or redevelopment. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.150 Dredging.

“Dredging” means the removal of earth from the bottom of a stream, bay, or other water body for the purposes of deepening a navigational channel or to obtain use of the bottom materials for fill. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.155 Drift cell.

“Drift cell,” “drift sector,” or “littoral cell” means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.160 E.I.S.

Repealed by Ord. 998. (Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.170 Extreme low water.

“Extreme low water” means the lowest line on the land reached by a receding tide. (Ord. 998 § 1 (Exh. A), 2020; Ord. 539 § 2, 1991).

16.08.175 Fair market value.

“Fair market value” means the expected price at which the development can be sold to a willing buyer. For developments which involve nonstructural operations such as dredging, drilling, dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform the operation or, where no such value can be calculated, the total of labor, equipment use, transportation, and other costs incurred for the duration of the permitted project. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991. Formerly 16.08.180).

16.08.180 Feeder bluff.

“Feeder bluff” means a coastal bluff that, as a result of its natural erosion, delivers sand and gravel to the beach that is subsequently transported by waves and currents along the shoreline to maintain beaches and accretion shoreforms elsewhere within the local drift cell. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.185 Fill.

“Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.186 Floodway.

“Floodway” means the area that has been established in effective Federal Emergency Management Agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. (Ord. 998 § 1 (Exh. A), 2020).

16.08.190 Groins.

“Groins” means wall-like structures built seaward from the shore to build or preserve an accretion beach by trapping littoral sand drift on the updrift side. Generally narrow and of varying lengths, groins may be built along the shore. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.200 Height.

“Height” means the distance measured from average grade level to the highest point of a structure; provided, that appurtenances such as television antennas and chimneys shall not be used in calculating height, except where they obstruct the view of a substantial number of residences on areas adjoining such shorelines. Temporary construction equipment is excluded from these calculations. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.210 Jetties.

“Jetties” means structures generally built singly or in pairs perpendicular to the shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral sand drift. Jetties also protect channels and inlets from storm waves and cross-currents. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.220 Marina.

“Marina” means a water-dependent facility that provides wet and/or dry moorage for over 10 boats, and/or includes boat launching facilities and supplies and services for small commercial and/or pleasure crafts. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.230 Master program.

“Master program” means the comprehensive use plan for the city of Normandy Park, and the use regulations, together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies of RCW 90.58.020. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.240 Natural or existing topography.

“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation, grading, excavation or filling. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.250 Nonconforming use or development.

“Nonconforming use or development” means a shoreline use or development which was lawfully constructed or established prior to the effective date of the Act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.260 Ordinary high water mark (OHWM).

“Ordinary high water mark” or “OHWM” means the mark on all tidal waters, lakes, and streams, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition existed on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide, and the ordinary high water mark adjoining fresh water shall be the line of mean high water. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.270 Overlay zone.

“Overlay zone” means a set of zoning requirements that are described in the zoning code, are mapped, and subsequently imposed in addition to those of the underlying district. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.280 Pier.

“Pier” means a structure built over the water and supported by pillars or piles used as a landing place or viewing or other recreational platform. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.290 Private tidelands.

“Private tidelands” means tidelands that were sold by the state to the upland property owners. This practice was terminated by the State Legislature in the early 1970s. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.300 Public access.

“Public access” means the public’s ability to get to and use the state’s public waters, the water/land interface and associated public shoreline area. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.310 Public access, community.

“Community public access” means public access limited to the residents of a particular subdivision, condominium, club or other such entity, but where the general public is excluded. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.320 Public access, unlimited general.

“Unlimited general public access” means access available for use freely by the general public with no restrictions. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.325 Recreational development.

Recreational development includes facilities for activities such as hiking, fishing, picnicking, swimming, photography and viewing. It also includes facilities for more intensive uses, such as parks. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or by a private group, association, or individual. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.330 Riprap.

“Riprap” means a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour, or sloughing of a structure of embankment; also, the stone so used. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.340 RCW.

“RCW” means Revised Code of Washington, state statute. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.345 Shorelands.

“Shorelands” means those lands extending landward for 200 feet in all directions, as measured on a horizontal plane from the ordinary high water mark; floodways; and including all 100-year floodplain areas; and all marshes, bogs, swamps, and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of the Shoreline Management Act; the same to be designated as to location by the Department of Ecology. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.350 Shoreline administrator.

“Shoreline administrator” means the city manager or his/her designee. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.360 Shoreline permit.

“Shoreline permit” means that required by the Shoreline Management Act for substantial development, conditional use or variance on shorelines, to be issued by the city of Normandy Park and subject to review by the Department of Ecology and the Attorney General. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.370 Shorelines.

“Shorelines” means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the land underlying them, except:

(1) Shorelines of statewide significance;

(2) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less, and the wetlands associated with such upstream segments;

(3) Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.380 Shorelines of statewide significance.

“Shorelines of statewide significance” means those areas described in RCW 90.58.030(2)(f)(iii).

(f) “Shorelines of statewide significance” means the following shorelines of the state: (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide.

(Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.390 Shorelines of the state.

“Shorelines of the state” means the total of all shorelines and shorelines of statewide significance within the state. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.395 Shoreline stabilization.

“Shoreline stabilization” means structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind, or wave action. WAC 173-26-231(3)(a)(i). Definition of new stabilization measures includes enlargement of existing structures. WAC 173-26-231(3)(a)(iii)(C), last bullet; WAC 173-26-231(3)(a)(iii)(B)(I), fifth bullet. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.400 SMP.

“SMP” means shoreline master program. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.410 Streambed.

“Streambed” means the channel of a river or other watercourse and adjacent land areas that are inundated with floodwater during a 100-year flood. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.420 Substantial development.

“Substantial development” means any development of which the total cost or fair market value exceeds that established by state law in RCW 90.58.030(3)(e), or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in RCW 90.58.030(3)(e) must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. “Consumer price index” means, for any calendar year, that year’s annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A list of activities and developments that shall not be considered substantial development is provided in RCW 90.58.030(3)(e). (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 710 § 1, 2003; Ord. 539 § 2, 1991).

16.08.425 Transportation facilities.

“Transportation facilities” means those structures and developments that aid in land and water surface movement of people, animals, goods and services. They include streets, bridges, bikeways, trails and other related facilities. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.08.430 Variance.

“Variance” means a means to grant relief from the specific bulk, dimensional or performance standards set forth in the master program and not a means to vary a use of a shoreline. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.440 WAC.

“WAC” or “Washington Administrative Code” means rules and regulations imposed by various state departments with legislative approval that have the force of state law. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.450 Water-dependent use.

“Water-dependent use” means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operation. Examples of water-dependent uses may include marinas and sewer outfalls. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.460 Water-enjoyment use.

“Water-enjoyment use” means a recreational use such as a park, pier, or other use facilitating public access as a primary character of the use; or, a use that provides for passive and active interaction of a large number of people with the shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation, assures the public’s ability to interact with the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and most if not all of the shoreline-oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline interaction. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.470 Water-related use.

“Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a shoreline location. Examples of water-related uses may include warehousing of goods transported by water and seafood processing plants. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.480 Wetlands or wetland areas.

“Wetlands or wetland areas” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.08.490 Zoning code.

“Zoning code” means NPMC Title 18. (Ord. 998 § 1 (Exh. A), 2020; Ord. 539 § 2, 1991).