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6.23.9 CLUSTERING <br />DISTRICT <br />CLUSTERING REQUIREMENTS <br />UNIV -CA <br />Clustering of residential lots is permitted in accordance with Section IV -B -9 of <br />UNIV -PW <br />the Orange County Subdivision Regulations, with the additional provision that <br />each lot contains a minimum of one acre. <br />All Other Overlay <br />Clustering of residential lots is permitted in accordance with Section IV -B -10 of <br />Districts <br />the Orange County Subdivision Regulations. <br />6.23.10 APPLICABILITY <br />*Amended <br />1 -17 -95 <br />10 -19 -99 <br />9 -18 -01 <br />5 -20 -03 <br />a) Existing Development <br />For the purpose of determining compliance with or applicability of <br />Article 6.23 of this Ordinance, existing development is defined as a <br />residential or non - residential structure which: <br />1) was constructed prior to January 1, 1994 (October 19, 1999, with <br />respect to the October 19, 1999 amendments related to the CANE - <br />CA and CANE -PW districts and September 19, 2001 with respect <br />to the Stream Buffer /Usable Lot amendments; and May 20, 2003 <br />with respect to the Stream Classification Amendments), or <br />2) was constructed in accordance with a valid building permit issued <br />prior to January 1, 1994 (October 19, 1999, with respect to the <br />October 19, 1999 amendments related to the CANE -CA and <br />CANE -PW districts and September 19, 2001 with respect'to the <br />Stream Buffer /Usable Lot amendments; and May 20, 2003 with <br />respect to the Stream Classification Amendments), or <br />3) was included as part of a Site Specific Development Plan approved <br />by the Board of Commissioners prior to January 1, 1994 (October <br />19, 1999 with respect to the October 19, 1999 amendments related <br />to the CANE -CA and CANE -PW districts and September 19, 2001 <br />with respect to the Stream Buffer /Usable Lot amendments; and <br />May 20, 2003 with respect to the Stream Classification <br />Amendments), or <br />4) had otherwise established a vested right under North Carolina <br />Zoning law prior to January 1, 1994 (October 19, 1999 with respect <br />to the October 19, 1999 amendments related to the CANE -CA and <br />CANE -PW districts and September 19, 2001 with respect to the <br />Stream Buffer /Usable Lot amendments and May 20, 2003 with <br />respect to the Stream Classification Amendments). <br />Existing development is hereby deemed to be conforming with respect to <br />requirements of Article 6.23 of this Ordinance. Periodic updates to FEMA <br />maps may affect structures located within the floodplain of specific <br />streams. The zoning ordinance text amendments dated September 19, <br />2001 and May 20, 2003 only affect the Stream Buffer section of the <br />ordinance and are not meant to supersede any FEMA regulations or <br />requirements. <br />6 -44 <br />