A. Authority. The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174, General Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
B. Jurisdiction. The provisions of this chapter shall apply within the areas designated as a Public Water Supply Watershed by the N.C. Environmental Management Commission and shall be defined and established on the map entitled, "Lake James Watershed Protection Overlay Map of the City of Marion, North Carolina". The Map and all explanatory matter contained thereon accompanies and is hereby made a part of this chapter. This ordinance shall be permanently kept on file in the office of the city clerk.
C. Establishment of Lake James Watershed Area. The Lake James Watershed is divided into the following areas, as appropriate:
1. WS-IV-CA (Critical Area)
2. WS-IV-PA (Protected Area)
D. Applicability.
1. No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located.
2. No area required for the purpose of complying with the provisions of the UDO shall be included in the area required for another building.
3. If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited.
E. Exceptions to applicability.
1. Nothing contained herein 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 Ordinance amend, modify, or restrict any provisions of the Marion Code of Ordinances; however, the adoption of this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the City of Marion at the time of the adoption of this Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance or to conflict with any of its provisions.
2. It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.
3. Existing development, as defined in this chapter, is not subject to the requirements of this chapter. Expansions to structures classified as existing development must meet the requirements of this chapter, however, the built-upon area of the existing development is not required to be included in the density calculations.
4. 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. 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. Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision chapter 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.
F. Existing development. Existing development, as defined in the UDO, may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of the UDO, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations.
1. Uses of land. This category consists of uses existing at the time of adoption of the UDO where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued except as follows:
a. When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.
b. Such use of land shall be changed only to an allowed use.
c. When such use ceases for a period of at least one year, it shall not be reestablished.
2. Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of the UDO that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single family residential development, provided:
a. Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years of such damage.
b. The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.
(Ord. No. O-21-06-15-5, §1, 6-15-21)