The regulations contained in this article shall not apply to portions of the stream buffer, the floodway or the special flood hazard area where a use was existing and ongoing on the effective date of this ordinance.

a)

Existing uses shall include, but not be limited to agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on site sanitary sewage systems. Only the portion of the stream buffer, floodway, or special flood hazard area that contains the footprint of the existing use is exempt from this article. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within the stream buffer, floodway or special flood hazard area where it did not previously exist as of the effective date of this ordinance, and existing diffuse flow is maintained.

b)

A use shall be considered as existing if projects or proposed development meet at least one of the following criteria:

1)

Project requires a 401 Certification/404 Permit, and these were issued prior to the effective date of this ordinance;

2)

Projects which require a state permit, such as landfills, NPDES wastewater discharges, and road construction activities, which have begun construction or are under contract to begin construction, and which have received all required state permits prior to the effective date of this ordinance; or

3)

Projects that have been determined to have a vested right pursuant to chapter 40 of the Code of Ordinances of the City of Hendersonville.