16.55.130 Nonconformity and redevelopment.
A. All land uses, buildings, structures, parking, driveways, utilities, stormwater facilities, trails, landscaping and supporting facilities that were lawfully established prior to the adoption of this chapter, but otherwise would be determined to be located within a critical area or minimum standard buffer for a critical area, shall be deemed as nonconforming as to this chapter but not in violation of this chapter. All of the facilities above may be continued, maintained and replaced in kind if damaged by fire, accident or natural disaster provided there is no further encroachment into a critical area or buffer, except as provided in subsection (C) of this section. If damaged, the replacement/reconstruction process shall commence within 12 months of the date of such damage.
B. Expansion, reconfiguration and/or intensification of any of the developed elements in subsection (A) of this section may be approved pursuant to the thresholds specified in subsection (C) of this section if it can be demonstrated that such activity will not result in impacts to the critical area and/or critical area buffer. Impacts may include but are not limited to clearing of native vegetation, additional impervious surfaces, generation of surface water runoff, discharge or risk of discharge of pollutants, increased noise, light or glare.
C. Expansion, reconfiguration and/or intensification of any of the developed elements in subsection (A) of this section as specified in this subsection for the following general use categories shall not exceed the following thresholds:
1. Five hundred square feet for residential single and multifamily;
2. One thousand square feet for commercial; and
3. Two thousand square feet for industrial and institutional.
D. Expansion, reconfiguration and/or intensification of any of the developed elements in subsection (A) of this section that are consistent with the thresholds specified above, may be approved through a minor critical area permit as specified in BMC 16.55.080(A).
E. Activities under this section that exceed the square footages in subsection (C) of this section may be approved through review and approval of a critical area permit.
F. Interior tenant improvements do not require critical area review unless such improvements result in impacts as determined by the director. [Ord. 2016-02-005 § 9; Ord. 2010-08-050; Ord. 2008-04-037; Ord. 2005-11-092].