Chapter 18.08


18.08.005    Generally.

18.08.010    “A” definitions.

18.08.020    “B” definitions.

18.08.030    “C” definitions.

18.08.040    “D” definitions.

18.08.050    “E” definitions.

18.08.060    “F” definitions.

18.08.070    “G” definitions.

18.08.080    “H” definitions.

18.08.090    “I” definitions.

18.08.100    “J” definitions.

18.08.110    “K” definitions.

18.08.120    “L” definitions.

18.08.130    “M” definitions.

18.08.140    “N” definitions.

18.08.150    “O” definitions.

18.08.160    “P” definitions.

18.08.170    “Q” definitions.

18.08.180    “R” definitions.

18.08.190    “S” definitions.

18.08.200    “T” definitions.

18.08.210    “U” definitions.

18.08.220    “V” definitions.

18.08.230    “W” definitions.

18.08.240    “X” definitions.

18.08.250    “Y” definitions.

18.08.260    “Z” definitions.

18.08.005 Generally.

Words not defined in this title shall be as defined in the city code, the Washington Administrative Code, or the Revised Code of Washington. Words not found in these codes shall be as defined in the Webster’s Third New International Dictionary, latest edition. (Ord. 825 § 3 (Exh. A), 2009).

18.08.010 “A” definitions.

“Abandonment” means: (1) to cease operation for a period of 60 or more consecutive days; (2) to relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or (3) failure to comply with reporting requirements in NPMC 18.42.110.

“Accessory building” means a building in which an accessory use is located.

“Accessory use” means a subordinate use, which is customarily incidental to the use of the principal building or to the principal use of the land, and located on the same lot with the principal use.

“Active fault” means a fault that is considered likely to undergo renewed movement within a period of concern to humans. Faults are commonly considered to be active if the fault has moved one or more times in the last 10,000 years.

“Adjacent” means immediately adjoining or in contact with. When used in the critical areas regulations of the city, “adjacent” means immediately adjoining or in contact with the boundary of the influence area or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. “Adjacent” in the critical areas regulations shall also mean any activity or development located:

(1) On a site immediately adjoining a critical area;

(2) A distance equal to or less than the required critical area buffer width and building setback;

(3) A distance of 330 feet from an active bald eagle nesting site and 660 feet from an active nesting site during breeding season;

(4) A distance equal to or less than 300 feet upland from a stream, wetland, or water body;

(5) Bordering or within the floodway, floodplain, or channel migration zone; or

(6) A distance equal to or less than 200 feet from a critical aquifer recharge area.

“Advance mitigation” means mitigation of an anticipated critical area impact or hazard completed according to an approved critical areas report and prior to site development.

“Alteration” means any human induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the critical area.

“Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine environment.

“Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet, television or other communication through the sending and/or receiving of electromagnetic waves.

“Antenna and support structure height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of support structure height shall include the support structure, antenna, base pad, and other appurtenances and shall be measured from the existing grade of the parcel. If the support structure is on a sloped grade, then the lowest point of the structure’s footprint shall be used in calculating the antenna height.

“Antenna array” means one or more antenna associated with a cell site or personal wireless service facility.

“Antenna support structure” or “support structure” means any pole, telescoping mast, tower, tripod, or other structure which is primarily designed to support antenna arrays.

“Applicant” means any provider or any person, partnership, or company who files an application for any permit.

“Aquifer” means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

“Aquifer recharge areas” means areas that, due to the presence of certain soils, geology, and surface water, act to recharge ground water by percolation.

“Arborist” means an individual trained in the art and science of planting, caring for, and maintaining individual trees, and is currently certified by the International Society of Arboriculture. (Ord. 997 § 2 (Exh. A), 2019; Ord. 939 § 2, 2016; Ord. 825 § 3 (Exh. A), 2009; Ord. 659 § 1, 1999; Ord. 90 §§ 1.06.010, 1.06.020, 1.06.340, 1958).

18.08.020 “B” definitions.

“Base flood” means a flood event having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood.

“Best management practices” or “BMPs” means activities, technologies, prohibitions of practices, maintenance procedures, and other management practices that, when used singly or in combination, provide the essential action necessary to preserve and protect the functions and values of critical areas.

“Biodiversity” means the variety of animal and plant life and its ecological processes and interconnections represented by the richness of ecological systems and the life that depends on them, including human life and economies.

“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.

“Buffer” or “buffer zone” means an area that is contiguous to and protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area.

“Building” means any structure having a roof supported by columns and/or walls for the housing or enclosure of persons, animals, or chattels. When any portion of a structure is completely separated from every other portion thereof by a division wall without openings, then each portion shall be deemed to be a separate building.

Building, Exposed. See “exposed building,” NPMC 18.08.050.

Building Height. See “height of building,” NPMC 18.08.080.

“Building outline” means the intersection of the ground surface with the building exterior foundation wall.

Building, Principal Use. See “principal use building,” NPMC 18.08.160.

“Bulk regulations” means all regulations which are related to the minimum area of the zoning lot, front and rear yards, side yards, height of buildings, floor area, gross floor area ratio, and standards for off-street parking. (Ord. 825 § 3 (Exh. A), 2009; Ord. 501 §§ 2, 8, 1989; Ord. 90 §§ 1.06.030, 1.06.050, 1.06.070, 1958).

18.08.030 “C” definitions.

“Camouflaged” describes a personal wireless service facility that is disguised, hidden, or integrated with an existing or new building or support structure that does not appear to be an antenna support structure. It shall also mean any antenna support structure sited among a stand of trees so as to be significantly screened from view.

“Carport” means an attached or detached permanent structure open on two or more sides that is used primarily for the storage of private vehicles.

“Cell site” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services.

“Channel migration zone (CMZ)” means the lateral extent of likely movement along a stream or river during the next 100 years as determined by evidence of active stream channel movement over the past 100 years. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ.

“Clear pedestrian zone” means a hard-surfaced area reserved for pedestrian travel designed and maintained to be free of all obstructions below eight feet from grade, including all objects fixed or temporarily stationed.

“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site.

Coastal Bluff. A “coastal bluff” is a sloping geomorphic feature formed by erosion and landslides associated with Puget Sound. Coastal bluffs extend from the high water line of Puget Sound, or other coastal feature at or near sea level, to the level or gently sloped areas which make up the greater Normandy Park Plateau. For the purposes of this chapter, any slope or portion of a slope over 15 percent which is above or below slopes over 40 percent, and is within one-quarter mile of Puget Sound is considered a part of the coastal bluff system.

“Collocation” means the use of a personal wireless service facility or cell site by more than one personal wireless service provider.

“Community center” means an area of land upon which there are located buildings designed for the purpose of city government, public service buildings, community meetings, community recreation, education facilities and accessory parking.

“Compensation” means the replacement of project induced losses of environmentally sensitive areas and their buffers.

“Conditional use” means such use as would not be appropriate generally or without restriction throughout the zoning division or district, but which, if controlled as to the number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity, or general welfare.

“Conditional use permit” or “CUP” means a permit approval as described in Chapter 18.22 NPMC, Conditional Use Permits.

“Congregate care facility” means a residential facility designed for and occupied by at least one person per unit who is 65 years or older who is able to live independently and without 24-hour supervision; and providing centralized services for the residents, including meals, recreation, housekeeping, laundry and transportation. Individual cooking facilities are not provided and personal vehicles are discouraged.

“Corner lot” means a lot located at the junction of and fronting two or more intersecting streets.

“COW” means a “cell site on wheels.”

“Critical area tract” means land held in either public or private ownership and retained in an open condition in perpetuity for the protection of critical areas. Lands within this type of dedication may include but are not limited to portions and combinations of forest habitats, grasslands, shrub steppe, on-site watersheds, 100-year floodplains, shorelines or shorelines of statewide significance, riparian areas, and wetlands.

“Critical areas” include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in Chapter 36.70A RCW and this title.

“Critical facility” means a facility necessary to protect the public health, safety and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric power stations, and installations that produce, use, or store hazardous materials or hazardous waste other than consumer products containing hazardous substances or hazardous waste intended for household use. (Ord. 939 § 2, 2016; Ord. 888 § 2 (Exh. A), 2012; Ord. 825 § 3 (Exh. A), 2009; Ord. 738 § 1, 2004; Ord. 659 § 1, 1999; Ord. 604 § 2, 1995; Ord. 516 § 1, 1990; Ord. 90 §§ 1.06.080, 1.06.210, 1958).

18.08.040 “D” definitions.

“Day care facility” means an agency, person, or organization operating a facility regularly providing care for a group of children for periods of less than 24 hours; provided, however, this definition shall not apply to those individuals specifically excluded from the definition of “agency” under RCW 74.15.020(2), as presently enacted or hereafter amended, such subsections being incorporated herein by reference.

The following shall operate to define the various types of day care facilities permitted under this title:

(1) “Day care center” means a day care facility providing for the care of 13 or more children during part of the 24-hour day which has been licensed by the Washington State Department of Social and Health Services.

(2) “Mini-day care center” means a day care facility which has been licensed by the Washington State Department of Social and Health Services, providing care during part of the 24-hour day to 12 or fewer children other than in the family abode of the person or persons under whose direct care the children are placed; or for the care of seven through 12 children in the family abode of such person or persons. Such number shall be reduced by the number of licensee’s own children and foster children under 12 years of age who live on the premises.

(3) “Family day care home” means a day care facility which has been licensed by the Washington State Department of Social and Health Services, providing care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed; such number shall be reduced by the number of licensee’s own children and foster children under 12 years of age who live on the premises.

“Deck, exterior” means a deck that is not a rooftop deck.

“Deck, rooftop” means a deck, with or without a cover, on the top of a building, and intended for occupancy use as a part of a structure.

“Design” means the appearance of structures and development, including such features as their materials, colors, and shape.

“Development” means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the city of Normandy Park that bind land to specific patterns of use, including but not limited to subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities:

(1) Interior building improvements.

(2) Exterior structure maintenance activities, including painting and roofing.

(3) Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning, weeding, and general property maintenance of areas developed prior to the effective date of the ordinance codified in this definition.

(4) Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries.

“Dock” or “dock slip” means an area of inundated land abutting on one, two or three sides by piers, dolphins or wharves, and/or land designed and erected for the purpose of boat mooring and storage.

“Dock area” means the length of the dock multiplied by the width of the boat stored in the dock slip plus the dock, plus two feet.

“Dwelling unit – multiple” means a structure containing two or more dwelling units in each of which there are facilities for the living accommodations of one household.

“Dwelling unit – single-family building” means a structure consisting of one detached building in which there are facilities for the living accommodations of one household. (Ord. 1025 § 2 (Exh. A), 2021; Ord. 939 § 2, 2016; Ord. 898 § 2, 2013; Ord. 825 § 3 (Exh. A), 2009; Ord. 659 § 1, 1999; Ord. 516 § 1, 1990; Ord. 381 §§ 1, 2, 1981; Ord. 90 §§ 1.06.090, 1.06.100, 1.06.110, 1.06.120, 1958).

18.08.050 “E” definitions.

“Easement, conservation” means a voluntary, legally recorded restriction, in the form of a deed, on the use or the property, in order to protect resources such as agricultural lands, historic structures, open space and wildlife habitat. The easement may include all or part of a parcel. In perpetuity, no new development shall take place within the areas covered by the easement. The property itself may remain in private ownership.

“EIA” means the Electronics Industry Association.

Elevation, Natural. See “natural elevation,” NPMC 18.08.140.

“Enhanced services facility” means a residential facility licensed by the Washington State Department of Social Health Services (DSHS) as defined by RCW 70.97.010(11) or as amended by the state legislature. An ESF is a residential facility that provides services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the DSHS to be inappropriate for placement in other licensed facilities due to complex needs.

“Enhancement” means actions performed to decrease hillside instability or to improve the condition of existing degraded wetlands or streams so that the functions they provide are of a higher quality.

“Equipment enclosure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.

“Erosion” is the process whereby wind, rain, water, and other natural agents mobilize and transport particles.

“Essential public facility” or “EPF” means a facility that is typically difficult to site, such as an airport, a state education facility, a state or regional transportation facility as defined in RCW 47.06.140, a state or local correctional facility, a solid waste handling facility, or an in-patient facility, including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. The term “essential public facility” includes all facilities listed in RCW 36.70A.200, all facilities that appear on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4), and all facilities listed as essential public facilities in the Normandy Park Comprehensive Plan.

“Essential public facility, local” means an EPF that is owned, operated, or sponsored by the city of Normandy Park, a special purpose district, King County (for facilities that do not provide service to the county-wide population), or another unit of local government. An EPF is “sponsored” by a local government when it is to be owned or operated by a nongovernmental entity pursuant to a contract with the local government to provide the EPF.

“Essential public facility, regional” means an EPF that is owned, operated, or sponsored by King County or a regional agency whose boundaries encompass the city and which serves the county-wide population or an area that is greater than the county. An EPF is “sponsored” by the county or a regional agency when it is to be owned or operated by a nongovernmental entity pursuant to a contract with the county or regional agency to provide the EPF.

“Essential public facility, state” means an EPF that is owned, operated, or sponsored by the state of Washington.

“Exposed building” means that portion of the building visible above the finished grade. (Ord. 1016 § 2, 2021; Ord. 888 § 2 (Exh. A), 2012; Ord. 825 § 3 (Exh. A), 2009; Ord. 817 §§ 1, 2, 2008; Ord. 659 § 1, 1999; Ord. 501 § 2, 1989).

18.08.060 “F” definitions.

“FAA” means the Federal Aviation Administration.

“Family” shall be synonymous with the defined term “household.”

“FCC” means the Federal Communications Commission.

“Fish and wildlife habitat conservation area” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.

“Fish habitat” means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

“Floodplain” means the total land area adjoining a river, stream, watercourse, or lake subject to inundation by the base flood.

“Floodway” means the channel of a stream or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one foot at any point.

Floor Area. Except on certain residential lots as provided below, the “floor area” of a building or buildings, as used in calculating the gross floor area ratio, or as used elsewhere in this title, means the sum of the area in square feet of all floors of a building within the inside perimeter of the exterior walls. In residential zones, floor area includes the floor area within accessory buildings, but does not include the floor area within breezeways, uninhabitable attic space, basements that do not daylight, and up to 600 square feet of garage space. In the NC and MU zones, floor area excludes (1) floor area devoted to parking; (2) elevators, staircases, escalators, and mechanical spaces; (3) exterior decks, porches, and arcades open to the air; and (4) floor area devoted to public amenities. On residential lots zoned R-7.2 that were part of a subdivision approved by the city of Normandy Park and recorded on or before March 7, 2008, with a maximum lot size of 14,000 square feet or more, floor area for purposes of calculating gross floor area shall include only the square feet of the first floor of the proposed residence within the inside perimeter of the exterior walls, together with the floor area within breezeways and accessory buildings.

“Footprint” means the area covered by and contained within the foundation of a building or structure.

“Frequently flooded areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high ground water.

These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high ground water forms ponds on the ground surface, and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the city manager or designee in accordance with WAC 365-190-110(2). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

Front Lot Line. For an interior lot, the “front lot line” is a street right-of-way line. For corner lots, either street line is the front lot line. The front lot line for a zoning lot served by a private easement upon which a private way is located, is the rear lot line of the nearest lot served by the same private way or is the rear lot line of the nearest lot served by its adjacent street.

“Front yard” means an open space extending the full width of the lot, between the front lot line and a parallel line at the required setback.

“Functions and values” are the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. (Ord. 997 § 2 (Exh. A), 2019; Ord. 989 § 1, 2019; Ord. 939 § 2, 2016; Ord. 898 § 1, 2013; Ord. 825 § 3 (Exh. A), 2009; Ord. 692 §§ 1, 3, 2002; Ord. 659 § 1, 1999; Ord. 430, 1984; Ord. 408 § 7, 1982; Ord. 381 § 3, 1981; Ord. 289 § 1, 1975; Ord. 90 §§ 1.06.130, 1.06.140, 1.06.260, 1.06.430, 1958).

18.08.070 “G” definitions.

“Garage” means an attached or detached accessory building intended primarily for the storage of private vehicles such as automobiles, light trucks or recreational vehicles.

“Geologically hazardous area” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Green stormwater infrastructure” means a drainage control facility that uses infiltration, evapotranspiration, or stormwater reuse. Examples of green stormwater infrastructure include permeable pavement, bio-retention facilities, and green roofs.

“Gross floor area ratio (GFAR)” means the sum of the floor areas of all floors of the principal use building or buildings and all accessory buildings divided by the total area of the zoning lot.

“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

“Growth Management Act” is Chapters 36.70A and 36.70B RCW, as amended.

“Guest house” means an accessory building which may be occupied by members of the family which occupies the principal residential building or their guests only, and which is not leased or rented as a dwelling unit. (Ord. 997 § 2 (Exh. A), 2019; Ord. 989 § 2, 2019; Ord. 888 § 2 (Exh. A), 2012; Ord. 825 § 3 (Exh. A), 2009; Ord. 692 § 1, 2002; Ord. 90 §§ 1.06.150, 1.06.160, 1958).

18.08.080 “H” definitions.

“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.

“Hazard tree” means a tree that has significant structural defects that are likely to lead to failure and possibly cause injury or damage as identified in a report from an International Society of Arboriculture (ISA) tree risk assessment qualified (TRAQ) arborist. In the case of steep slopes, a hazard tree can also be a tree that is a hazard to stability of the slope, as determined by a geotechnical engineer.

“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

“Hazardous tree” means a tree posing a threat to public safety or posing an imminent risk of damage to an existing structure, public or private road or sidewalk, other existing healthy trees, or other permanent risk.

“Height of building” or “building height” for new buildings or for proposed remodel of existing buildings means the vertical distance measured from a predetermined point to the highest point of the structure, not including chimneys, vent pipe, antenna and other nonstructural appurtenances.

“High intensity land use” means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, medium- and high-density residential (more than one home per acre), multifamily residential, agricultural practices, and commercial and industrial land uses.

“Hobby shop” means an area located in the primary residential building or an accessory building used to provide hobby recreation for members of the family or their guests only, and not used for purposes of manufacturing or building any product for wholesale or retail sale.

“Home occupation” means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place; provided, that “home occupation” shall not include within its meaning: mini-day care program, family day care home, preschool home, specialty school or any other conditional use specifically defined in this title, despite the fact that such use may be within a home; provided further, that garage sales and related activities shall not constitute a home occupation if such sales do not exceed two per calendar year and the total duration of such sales does not exceed six days.

“Host agency” means a religious organization that owns or controls real property that is the subject of an application for a temporary homeless encampment permit.

“Household” means one or more persons related by blood, marriage, or adoption, or not more than three unrelated persons, living together within a single dwelling unit. For the purposes of this definition, children with familial status within the meaning of 42 U.S.C. 3602(k) and individuals with disabilities within the meaning of 42 U.S.C. 3602(h) shall not be counted as unrelated persons. The following inclusions and exclusions shall apply:

(1) “Adult family homes” as defined by RCW 70.128.010 are included within the definition of “household.”

(2) The term “household” shall exclude individuals or groups residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders or other facilities, whether or not licensed by the state, when the individual or group residing therein is incarcerated or otherwise required to reside at the facility pursuant to a court order under the supervision of paid staff and personnel.

(3) A qualifying “household” shall not include transients.

(4) In the event the referenced state or federal law is amended, such amendment shall control.

“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. (Ord. 997 § 2 (Exh. A), 2019; Ord. 936 § 1(A), 2016; Ord. 898 § 3, 2013; Ord. 825 § 3 (Exh. A), 2009; Ord. 692 § 2, 2002; Ord. 516 § 3, 1990; Ord. 501 § 1, 1989; Ord. 438 § 3, 1984; Ord. 408 § 1, 1982; Ord. 90 §§ 1.06.060, 1.06.170, 1.06.180, 1958).

18.08.090 “I” definitions.

“Impervious surface” is a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“In category” means to replace functions and values only in the same rating category.

“Infiltration” means the downward entry of water into the immediate surface of soil.

“Interior lot” means a lot which is not a corner lot. (Ord. 825 § 3 (Exh. A), 2009; Ord. 90 § 1.06.200, 1958).

18.08.100 “J” definitions.


18.08.110 “K” definitions.


18.08.120 “L” definitions.

“Landslide” means an episodic downslope movement of a mass of soil or rock that includes but is not limited to rockfalls, slumps, mudflows, earthflows, and debris slides.

“Loading and service areas” means the area available for the maneuvering and standing of vehicles engaged in delivering, loading, or removing of passengers, freight, or other materials including solid waste.

“Lot area” means the total horizontal area included within the lot lines of the zoning lot.

Lot, Corner. See “corner lot,” NPMC 18.08.030.

Lot, Interior. See “interior lot,” NPMC 18.08.090.

Lot Line, Front. See “front lot line,” NPMC 18.08.060.

Lot Line, Rear. See “rear lot line,” NPMC 18.08.180.

Lot Line, Side. See “side lot line,” NPMC 18.08.190.

“Lot of record” means any lot established by a recorded plat.

Lot, Parking. See “parking lot,” NPMC 18.08.160.

Lot, Through. See “through lot,” NPMC 18.08.200.

Lot, Triangular. See “triangular lot,” NPMC 18.08.200.

Lot, Zoning. See “zoning lot,” NPMC 18.08.260.

“Low intensity land use” means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or forest management land uses. (Ord. 888 § 2 (Exh. A), 2012; Ord. 825 § 3 (Exh. A), 2009; Ord. 151 § 1, 1964; Ord. 90 §§ 1.06.190, 1.06.240, 1958).

18.08.130 “M” definitions.

Map, Topographical. See “topographical map,” NPMC 18.08.200.

“Materially alter” means to make a change in; to modify; to vary to a degree that it affects or may possibly affect the rights of the persons interested in the document or property.

“Mitigation” means a requirement to replace or enhance critical functions and values destroyed or impacted by proposed land disturbances.

“Moderate intensity land use” means land uses which are associated with moderate levels of human disturbance or substantial habitat impacts including, but not limited to, low-density residential (no more than one home per acre), active recreation, and moderate agricultural land uses.

“Modification” means the changing of any portion of a personal wireless service facility from its description in words or drawings in a previously approved permit.

“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, including gathering baseline data.

“Mount” means the bracket or any other materials used to attach the antenna or antenna array to a building or support structure. (Ord. 997 § 2 (Exh. A), 2019; Ord. 825 § 3 (Exh. A), 2009; Ord. 659 § 1, 1999).

18.08.140 “N” definitions.

“Native growth protection area” is an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants and animal habitat.

“Native vegetation” means plant species that are indigenous to the Western Washington area.

“Natural elevation” means the natural surface of the ground, existing prior to alteration by filling, cutting, grading or other changing of the surface in preparation for construction or other use, as evidenced by the sewer topographical map filed with the city clerk’s office in 1963; or for the areas outside the 1963 sanitary sewer service area, by a topographical map (see definition in NPMC 18.08.200) and supporting information as required by the city, such as, but not limited to, geotechnical information.

“No net loss” means that the functions and values of the critical area shall not be diminished.

“Nonconforming building or structure” means any building or structure which does not conform in its construction, location, height or yard area to the regulations of the district or zone in which it is located or does not conform to the requirements of the city building code and which existed prior to the time of reference.

“Nonconforming (land or structure) use” means the use of land or improvements thereon which do not conform to the regulations of the district in which such land is located.

“Nonconforming lot” means a zoning lot that lawfully existed on the effective date of any ordinance or amendment thereto that resulted in the lot, because of its size, shape, and/or dimensions, not complying with minimum zoning requirements.

“Nonindigenous” means any species of plants or animals which are foreign to the planning area. (Ord. 939 § 2, 2016; Ord. 825 § 3 (Exh. A), 2009; Ord. 817 § 1, 2008; Ord. 501 § 4, 1989; Ord. 431 § 3, 1984; Ord. 408 § 4, 1982; Ord. 90 §§ 1.06.281, 1.06.282, 1958).

18.08.150 “O” definitions.

“Off-site compensation” means to replace critical areas away from the site on which a critical area has been impacted.

“Off-street parking space” means a temporary storage area for a vehicle that is accessible from, but not located on a public right-of-way, with a minimum width of nine feet and a minimum length of 20 feet.

“On-site compensation” means to replace critical areas at or adjacent to the site on which a critical area has been impacted.

“Ordinary high water mark” means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation. 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.

“Ornamentation” means structures erected for esthetic and functional purposes which are designed to protect from view, wind or sun, to provide for secluded area, to create landscaped and beautiful surroundings, all of which may include among other things, shrubbery, flowers, terraces, trellises, fences, pierced and unpierced walls.

Outline, Building. See “building outline,” NPMC 18.08.020. (Ord. 825 § 3 (Exh. A), 2009; Ord. 407 § 1, 1982; Ord. 90 §§ 1.06.290, 1.06.300, 1958).

18.08.160 “P” definitions.

“Parking lot” means a paved off-street ground level or underground area for temporary storage of motor vehicles.

“Parking space” means a space that is surfaced with gravel, pavement, or pervious or porous pavers for the parking of a single vehicle.

“Patio” or “porch” means an area beyond the primary residential building designed, established and/or installed to provide for outdoor living, cooking, and recreation, the sides of which are open and which may or may not have a permanent overhead covering.

“Pedestrian-oriented street” (travelway) means a street type developed on private land for public use and supporting commercial or mixed use buildings, providing for cars, transit, service vehicles and nonmotorized travel.

“Pedestrian pathway” means a route between the primary entrance of a building and vehicular parking that is hard-surfaced and free of obstacles. A pedestrian pathway route may include sidewalks, walkways, plazas, and other hard-surfaced areas.

“Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.

“Personal wireless service (PWS)” and “personal wireless service facilities (PWS)” used in this chapter, shall be defined in the same manner as in Title 47, United States Code, Section 332 (c)(7)(C), as they may be amended now or in the future.

“Pervious surface” means allowing water to pass through into the soil mantle as under natural conditions prior to development.

“Piers” or “wharves” means structures which extend from the solid land into the water to afford convenient passage for persons to boats moored along the sides thereof.

“Planting strip” means a landscaped area providing visual and physical separation between differing features or use patterns. Depending on location and requirements, planting strips may be largely continuous or may be more intermittent, featuring hard-surfaced areas between landscape elements.

“Preschool facility” means an agency, group, or individual which is engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day and in which the number enrolled is not limited.

“Preschool home” means an individual who is engaged primarily in educational work with preschool children in that individual’s home and in which no child is enrolled on a regular basis for more than four hours per day and which enrolls 12 or fewer children per day.

“Primary building entrance” means the entrance to a building that most pedestrians are expected to use. In multi-tenant buildings, primary entrances open directly into the building’s lobby or principal interior ground level circulation space. When a multi-tenant building does not have a lobby or common interior circulation space, each tenant’s outside entrance is a primary entrance. In single-tenant buildings, primary entrances open directly into lobby, reception, or sales areas.

“Primary building facade” means the exterior wall of a building that most pedestrians are expected to access and/or see. Generally, primary building facades will also contain the primary building entrance.

Primary Residence. For “primary residence,” see the definition of “dwelling unit – single-family building,” NPMC 18.08.040.

“Principal use building” means any building occupied by the essential use of the zone in which the building is located.

“Provider” means any corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity or individual which provides personal wireless service using personal wireless service facilities.

“Public open space” means an outdoor space normally open and accessible to the general public, regardless of whether the space is publicly or privately held. Public open space may include property set aside to serve the purpose of protecting and conserving critical areas and natural systems. (Ord. 939 § 2, 2016; Ord. 888 § 2 (Exh. A), 2012; Ord. 825 § 3 (Exh. A), 2009; Ord. 692 § 1, 2002; Ord. 659 § 1, 1999; Ord. 604 § 3, 1995; Ord. 516 § 1, 1990; Ord. 407 § 2, 1982; Ord. 90 §§ 1.06.040, 1.06.310, 1.06.320, 1.06.330, 1958).

18.08.170 “Q” definitions.


18.08.180 “R” definitions.

“Rear lot line” means the lot line opposite and parallel or approximately parallel to the front lot line; for a zoning lot served by a private easement, “rear lot line” means any lot line which is not a side lot line.

“Rear yard” means an open space extending the full width of the lot, between the rear lot line and a parallel line at the required setback.

“Religious organization” means the federally protected practice of a recognized religious assembly, school or institution that controls real property that is the subject of an application for a temporary homeless encampment permit. (Ord. 936 § 1(B), 2016; Ord. 692 § 3, 2002; Ord. 408 § 8, 1982; Ord. 90 §§ 1.06.270, 1.06.440, 1958).

18.08.190 “S” definitions.

School, Academic. See “academic school,” NPMC 18.08.010.

School, Specialty. See “specialty school.”

“Set-to-line” means a line running parallel to the lot line that abuts a street along which the exterior wall of a building is required to coincide.

“Setback” means a space unoccupied by structures except where intrusions are specifically permitted by this code. See definition of “front yard” (NPMC 18.08.060); “rear yard” (NPMC 18.08.180); and “side yard.”

“Side lot line” means any lot line which is not a front or rear lot line.

“Side yard” means an open space extending from the front yard to the rear yard, between the side lot line and a parallel line at the required setback.

“Specialty school” means any privately operated school having one educational purpose, such as teaching of music, dancing, arts, crafts, or swimming, and not offering general academic curriculum.

“Sponsoring agency” means the host agency or another agency that assists the host agency and that joins in an application for a temporary homeless encampment permit and assumes responsibility for providing basic services and support to temporary homeless encampment residents, such as hot meals and coordination of other needed donations and services.

“Storage container, metal” means any metal container manufactured for the storage and delivery of freight or cargo by ship, airplane, train and/or truck, not moveable under its own power, and delivered to the site by means of ship, truck, train, or crane.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Structure, attached” means an auxiliary or accessory building or structure permanently joined to a primary structure in compliance with the building code then in effect.

“Support structure” means “antenna support structure (see NPMC 18.08.010). (Ord. 936 § 1(C), 2016; Ord. 888 § 2 (Exh. A), 2012; Ord. 800 § 1, 2007; Ord. 692 §§ 1, 3, 2002; Ord. 659 § 1, 1999; Ord. 516 § 2, 1990; Ord. 408 §§ 6, 9, 1982; Ord. 90 §§ 1.06.280, 1.06.350, 1.06.410, 1.06.450, 1958).

18.08.200 “T” definitions.

“TDR bank” means the TDR bank operated by the county for the purpose of buying, selling and holding development rights from high conservation priority sending sites.

“TDR certificate” means the official documentation issued by King County to a certified sending site landowner, or to a subsequent certificate owner following the sale of TDRs, that indicates the number of TDRs available for sale and/or transfer from a certified sending site.

“TDR extinguishment document” is officially recorded documentation, by the city or county, of the use of transferable development rights (TDRs) in a city-permitted development project on a receiving site. When TDRs are purchased and used in a receiving site project, the TDRs are “extinguished” and taken out of circulation by King County and cannot be used again in any other location.

“TDR purchase and sale agreement option” means the notarized documentation of the intent of a transaction between a willing seller of TDRs and a willing buyer of TDRs.

“TDR receiving site” means privately or publicly owned property in the Manhattan Village subarea that can accommodate additional development with the use of TDR. Receiving sites are designated on the receiving sites map in NPMC 18.82.040.

“TDR sending site” means privately owned property in unincorporated rural King County, with an open space public benefit in accordance with Chapter 21A.37 KCC, that lies within the designated sending site area on the TDR sending sites map in the Normandy Park-King County TDR interlocal agreement.

“TDR sending site, certified” means that a qualified sending site property has been officially certified in the King County TDR program and the landowner has obtained a TDR certificate from King County which verifies that the transfer of development rights process is completed on the property in accordance with Chapter 21A.37 KCC, and a perpetual conservation easement has been recorded on the property removing development potential and protecting the land’s open space public benefits.

“TDR sending site, qualified” means a sending site property that has obtained qualification status in the King County TDR program through a King County-issued TDR qualification report.

“Temporary homeless encampment” means a temporary encampment for homeless persons on property owned or controlled by a religious organization, whether within buildings located on the property or elsewhere on the property outside of buildings.

“Through lot” means an interior lot having frontage on two streets.

“Topographical map” means a survey of elevations, using two-foot contours, that fully complies with the requirements of NPMC 18.15.025, Surveys and topographic maps. All planned grading shall be indicated with dashed contour lines for existing grades and by solid contour lines for finished grades. The entire area to be cut and/or filled shall be indicated, and temporary storage of any excavated or fill material shall also be indicated.

“Transfer of development rights” means a mechanism to transfer development rights from parcels with environmental and open space benefits to land more suited for urban development. Landowners receive financial compensation without developing their land and the public receives permanent preservation of the land.

“Transferable development right (TDR)” is a development right from a certified sending site, issued by King County in accordance with Chapter 21A.37 , that a certified sending site landowner, or subsequent TDR certificate owner, has available to sell or transfer for increased development capacity in a receiving site.

“Transient” means an individual residing in a dwelling unit in conjunction with other members of the household for an indefinite period of time less than six months and who pays the other household member(s) rent or other valuable consideration in order to reside at the location. Any individual residing in a dwelling unit for less than six months and in all events on less than a month-to-month basis shall be considered a transient. Guests and exchange students complying with NPMC 18.32.021 shall not be considered to be transients.

“Triangular lot” means a lot, the sides of which converge toward front or rear so that the width of the lot measured along either front or rear line is less than 30 feet. (Ord. 939 § 2, 2016; Ord. 936 § 1(D), 2016; Ord. 898 § 4, 2013; Ord. 888 § 2 (Exh. A), 2012; Ord. 501 § 7, 1989; Ord. 90 §§ 1.06.220, 1.06.230, 1958).

18.08.210 “U” definitions.


18.08.220 “V” definitions.


18.08.230 “W” definitions.

“Wetland” or “wetlands” 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 conversion of wetlands.

Wharves. For “wharves,” see the definition of “piers” or “wharves,” NPMC 18.08.160. (Ord. 997 § 2 (Exh. A), 2019; Ord. 90 § 1.06.420, 1958).

18.08.240 “X” definitions.


18.08.250 “Y” definitions.

Yard, Front. See “front yard,” NPMC 18.08.060.

Yard, Rear. See “rear yard,” NPMC 18.08.180.

Yard, Side. See “side yard,” NPMC 18.08.190.

18.08.260 “Z” definitions.

“Zoning lot” means a single tract of land located within a single block which, at the time of application for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership and control, and is assigned the particular use for which the building permit is issued. (Ord. 90 § 1.06.250, 1958).