(A) Nothing contained in this chapter shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this chapter amend, modify, or restrict any provisions of the Code of Ordinances of Ashe County (the “county”); however, the adoption of this chapter shall and does amend any and all ordinances, resolutions, and regulations of effect in the county at the time of the adoption of this chapter that may be construed to impair or reduce the effectiveness of this chapter or to conflict with any of its provisions.
(B) It is not intended that the provisions of this chapter interfere with any easement, covenants or other agreements between parties. However, if any provision of this chapter imposes greater restrictions or higher standards for the use of a building or land, then such provision shall control.
(C) Existing development, as defined in § 155.09 below, is not subject to the requirements of this chapter.
(D) Expansions to existing development must meet the requirements of this chapter, except single- family residential development or unless expansion is part of common plan of development. In an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built upon area, only the area of net increase is subject to this chapter. Where existing development is being replaced with new built upon area, and there is net increase of built upon area, only areas of net increase shall be subject to this chapter.
(E) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this chapter if it is developed for single-family residential purposes. Local governments may require the combination of contiguous nonconforming lots of record owned by same party to establish a lot or lots that meet requirements in § 156.45(B) of the Residential Subdivisions Ordinance.
(F) Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from local subdivision regulation. If a local government does not enforce subdivision regulations, then that local government may or may not allow the exemption for family subdivisions.
(G) Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to the land use requirements (including impervious surface requirements) of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable.
(H) An applicant may exceed the density limits in § 155.32 if all of the following circumstances apply:
(1) The property was developed prior to the effective date of the local water supply watershed program.
(2) The property has not been combined with additional lots after January 1, 2021.
(3) The property has not been a participant in a density averaging transaction under G.S. § 143-214.5(d2).
(4) The current use of the property is nonresidential.
(5) In the sole discretion, and at the voluntary election, of the property owner, the stormwater from all of the existing and new built-upon area on the property is treated in accordance with all applicable local government, state, and federal laws and regulations.
(6) The remaining vegetated buffers on the property are preserved in accordance with the requirements of this chapter.
(Ord. passed 10-16-23)