Chapter 18.44
MISCELLANEOUS REGULATIONS

Sections:

18.44.010    Side yards – Accessory buildings.

18.44.020    Structure or use on lot without frontage or easement.

18.44.030    Application for another building or structure.

18.44.040    Repealed.

18.44.050    Density variance procedure.

18.44.060    Storage containers, metal, regulations.

18.44.070    Required street improvements.

18.44.080    Rooftop decks.

18.44.010 Side yards – Accessory buildings.

Whenever a side yard or corner lot abuts a side street, such side yard requirements shall be not less than 20 feet. In any R district no accessory buildings shall be erected which will occupy more than the maximum gross floor area requirements; such regulations shall apply to any building erected in an R zone in which accessory uses are to be located. (Ord. 264 § 2, 1973; Ord. 90 § 1.05.024, 1958).

18.44.020 Structure or use on lot without frontage or easement.

No building, structure or use shall be placed or erected on any lot which does not have either immediate frontage on a street or a permanent, unobstructed easement of access or right-of-way to a street, and such easement or right-of-way to a street shall be dimensioned in accordance with standards for residential streets established by the city for such purposes. (Ord. 90 § 1.05.022, 1958).

18.44.030 Application for another building or structure.

No portion of any lot, lot of record, or zoning lot, constituting side yards, front yard, rear yard, courts, or other open space requirement shall again be used as a part of a zoning lot required in making application for another building, structure, or use, existing or intended to exist at the same time, except where the remaining areas will retain the essential or permitted use and conform as to use and as to bulk. (Ord. 90 § 1.05.020, 1958).

18.44.040 Filling in of land.

Repealed by Ord. 715. (Ord. 90 § 1.05.014, 1958).

18.44.050 Disability variance procedure.

A variance from the requirements of this title or Chapter 13.16 NPMC may be granted for special disability-related needs, such as, but not limited to, wheelchair access ramps; provided, that:

(1) The owner or representative of the owner submits a detailed plan and written presentation of reasons why the subject restriction should be relaxed;

(2) Such request and its accompanying documents shall be sent to property owners whose parcel abuts the subject parcel;

(3) There is no written objection to the requested variance by any owner of property in surrounding area of petitioner property;

(4) The city manager or designee conducts research, which may include consultant advice payable by the petitioner, which substantiates the need for the variance, compliance with state and federal laws, and the lack of adverse impact on the surrounding area;

(5) If there is an objection in writing from any abutting property owner, which cannot be resolved by agreement, a public hearing shall be conducted by the hearing examiner with proper legal notice to all owners in the surrounding area;

(6) Should a public hearing be required, it shall be conducted by the hearing examiner solely on the basis of information furnished by the petitioner, the objector(s) and the city manager or designee, and the variance shall be granted unless the hearing examiner finds the requested variance will unreasonably interfere with the rights of the objecting property owners and that it would not be a violation of federal and state laws to deny it;

(7) The variance expires if the disability-related need for the variance no longer exists. (Ord. 833 § 11, 2009; Ord. 665 § 1, 1999).

18.44.060 Storage containers, metal, regulations.

(1) Storage containers, metal, shall be allowed only by temporary use permit and only on construction sites where site development permits and building permits have already been issued. They shall only be allowed during a period of active construction on the site and for a period of time not exceeding six months. Upon application, and while construction is continuing, a temporary permit may be extended for an additional six months.

(2) Any storage containers, metal, placed, delivered or used for storage in the city of Normandy Park at the time of the adoption of the ordinance codified in this section shall be removed no later than 48 months after the approval and publication of the ordinance codified in this section, unless permitted as provided for in this section. (Ord. 800 § 2, 2007).

18.44.070 Required street improvements.

(1) This section shall apply to any of the following development activities when undertaken in the city of Normandy Park:

(a) Neighborhood centers, mixed use, industrial, or multifamily residential construction;

(b) Subdivisions;

(c) Permits for access to First Avenue South, whether or not the development is located within or outside the city;

(d) Utilities; and

(e) Remodeling or additions to existing neighborhood centers, mixed use, industrial or multifamily residential buildings and all conversions to these uses, where the remodeling, addition, or conversion increases gross floor area by 20 percent or more, or where remodeling, addition, or repair exceeds 50 percent of the assessed value of the previously existing structure as of the date of the application.

(2) Whenever any development described in subsection (1) of this section is proposed to have access to any street in the city of Normandy Park that does not meet current city standards or that is proposed for improvement under the city’s comprehensive plan, it shall be a condition of approval for such development that off-site street improvements, including paving, curbs, sidewalks, storm drainage, street lights, and underground utilities conforming to city standards, shall be installed by the applicant prior to final approval or occupancy of the development. This requirement shall not be satisfied by providing a bond or other financial security in lieu of construction.

(3) Street improvements at a minimum shall include half the street abutting the property, but may extend to full-street improvements where necessary to ensure safe movement of vehicles, bicyclists, or pedestrians. Additional construction may also be required beyond the property frontage to the minimum extent to ensure safe movement of vehicles, bicyclists, or pedestrians and to connect with nearby improvements. These may include, but are not limited to, the construction of asphalt tapers, sidewalks, curbs, gutters, drainage improvements, driveway aprons, and signs and markings. To the extent possible, improvements should be designed to fit within existing rights-of-way and easements; provided, that safety is not compromised. The applicant shall be eligible to apply for a street reimbursement or latecomer’s agreement in order to be reimbursed by later developers for any permanent improvements beyond the normal half-street frontage.

(4) The city manager or his designee may allow an exception to the street frontage requirements of this section if the applicant demonstrates to the city manager that any of the following conditions are present:

(a) The impacts of the development do not contribute to the need for the required improvements or dedication; or

(b) The required improvement or dedication is not roughly proportional to the impact from the development. The applicant shall be required to show that the required improvement or dedication is not related either in nature or extent to the impact of the development; or

(c) If constructed, the use or operation of the improvements would decrease traffic safety; or

(d) The street is planned to be improved as a whole through a capital improvement project programmed by the city, county or state. If an exception is made for a development under this subsection (4)(d), the city manager or designee may still require the applicant to furnish an interim street plan to bring the roadway up to the existing character of surrounding streets and pedestrian facilities. This plan may include, but is not limited to, widening or installation of the asphalt street surface, sidewalks, gravel shoulders, temporary drainage facilities, walkways, and bikeways. An interim street plan may also include the payment of fees in lieu of construction, a covenant consenting to formation of a local improvement district, or the recording of a concomitant agreement requiring the future construction or funding of the street frontage improvements by the applicant.

(5) The decision of the city manager or designee on any request for an exception from the frontage requirements of this section may be appealed in the same manner as provided in this code for the underlying development permit. In the event that no procedure for appealing the underlying permit is provided in this code, the decision may be appealed by any aggrieved party to the city hearing examiner by filing a written notice of appeal and the required appeal fee with the city clerk within 30 calendar days from the date the decision of the city manager or designee is issued in writing. The notice of appeal shall provide a concise statement of the alleged errors in the decision of the city manager or designee and specify the relief requested. The hearing examiner shall hold an open record hearing on the appeal and may uphold the decision of the city manager or designee, uphold the same with conditions, or overturn the same. The hearing examiner shall determine whether the exception should be granted based on the criteria set forth above for the decision of the city manager or designee. The hearing examiner’s consideration of the exception shall be de novo based on the evidence and testimony submitted at the hearing, but the hearing examiner shall give the decision of the city manager or designee substantial weight. The hearing examiner shall adopt findings and conclusions in support of the hearing examiner’s decision on the appeal. The hearing examiner’s decision shall be the final decision of the city and may be appealed to the King County superior court as provided in the Land Use Petition Act, Chapter 36.70C RCW.

(6) Protection of Vegetation. Trees or other types of natural vegetation that have aesthetic, functional, historical, cultural or other similar significance to the character of the city of Normandy Park shall be taken into consideration during the design process and protected to the extent possible when frontage improvements are required.

(7) Interpretation.

(a) In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the city manager or designee shall have the authority to make the final determination based on the characteristics of the operation of the proposed use and the city manager’s or his designee’s interpretation of the Standard Land Use Coding Manual and the Standard Industrial Classification Manual.

(b) In the case of a conflict between this section and the city’s adopted road standards, this section shall prevail. (Ord. 846 §§ 1 – 3, 2009).

18.44.080 Rooftop decks.

(1) Intent. Much of the topography of Normandy Park is rolling hills with sweeping views of Puget Sound, and building height limits reflect this aspect of the community’s character. As a result, rooftop decks have the potential to impact neighboring property. The intent of these regulations is to address rooftop decks as outdoor occupancy spaces by locating them within the height limits for a single-family residential building structure, allowing for the private use of these spaces, while maintaining good neighbor relations by protecting neighboring single-family density residential uses from possible adverse impacts.

(2) Scope. The regulations contained in this section apply to building structures located in any single-family zone.

(3) Rooftop decks are permitted in single-family zones only as integrated elements of a single-family residential building structure.

(4) Appurtenances to rooftop decks are regulated as a structural element and as part of the rooftop deck when such appurtenances are defined as structures by this code and specifically in NPMC Title 14 – Buildings and Construction, NPMC Title 16 – Shoreline Management, and NPMC Title 18 – Zoning. Appurtenances include but are not limited to railings, guardrails, and other permanent items.

(5) The following items are exempted from the requirements of this section:

(a) Those exemptions listed in NPMC 18.42.030 – Wireless Communication Facilities, Exemptions;

(b) Appurtenances subject to the applicable definition of height in Chapter 16.08 NPMC – Shoreline Management, Definitions;

(c) Skylights, and which may exceed the height limit by a maximum of six inches;

(d) Rod, wire and dish antennas, to the extent they do not constitute wireless communication facilities, are subject to the provisions of Chapter 18.42 NPMC, and are not placed above the maximum height allowed for any structure unless approved by the community development director; and

(e) Solar panels on flat roof forms (less than 2:12), and which may exceed the height limit by a maximum of six inches.

(6) When including a rooftop deck, the building structure should be designed or retrofitted so that such outdoor occupancy spaces:

(a) Are integrated into the bulk and scale of the structure;

(b) Are complementary to neighborhood character;

(c) Minimize obstruction of views intended by this section;

(d) Maximize privacy for adjacent properties as privacy is generally defined for the use and enjoyment of property in residential zoning districts;

(e) Design exterior lighting to use downward-directed lighting sources and low-light fixtures to conceal the light source from adjoining uses; and

(f) Locate other appurtenances such as outdoor fireplaces, their chimneys, and umbrellas or tents so that they will not adversely impact views intended by this section from adjacent property. (Ord. 1025 § 2 (Exh. A), 2021).