§ 24.50.025. Existing nonconforming uses, structures, and lots—Expansion of impervious surfaces in riparian areas and pond buffers.

The approval authority may allow up to a five hundred square foot expansion of impervious surface, including an existing structure's footprint, within a riparian habitat area or pond buffer if it is determined that:

A.

All new impervious surfaces, which include structures, will be sited at a distance that is greater than or equal to the original structure(s) setback from the water body;

B.

The expansion would occur at least one hundred feet from a Type "S" or "F" stream and Type "N" stream draining to a Type "S" or "F" stream or marine waters;

C.

The area proposed for the expansion was lawfully developed prior to July 24, 2012 or, if not, the unlawful development was not caused by the present landowner or did not occur within the past seven years;

D.

If the riparian habitat area or pond buffer on the site between the water body and the primary structure has been degraded, the degraded area, or a portion of the degraded area equal to the size of the expansion, whichever is less, will be restored with native vegetation. The degraded area chosen must be the area nearest the most sensitive habitat as determined by the approval authority;

E.

The expansion, coupled with any proposed mitigation, would be at least as effective in protecting all of the riparian habitat or pond buffer's functions as under current conditions;

F.

The proposed expansion would be consistent with the Shoreline Master Program for the Thurston Region, as amended, the impervious surface limits in the applicable zoning district, and other applicable provisions of this title;

G.

The applicant provides a performance surety consistent with Chapter 24.70 TCC to ensure survival or replacement of plants used in the restoration;

H.

No previous expansion has been allowed pursuant to this subsection; and

I.

The applicant will record a document with the subject property's title indicating that no further expansion of the structure's footprint or impervious surface is allowed within the riparian habitat area or pond buffer on the property.

(Ord. No. 14773, § 3(Att. B), 7-24-2012; Ord. No. 14961, § 5(Att. E), 12-17-2013)