Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 29 Effective Date: September 01, 2013 Supp. No. 4 4. No existing or approved structure, for which a building permit has been issued prior to May 2, 2006, shall be considered a nonconforming structure. In the event of damage to such a structure by flood or other casualty requiring a substantial improvement of said structure, the structure may be repaired or rebuilt with: a. An administrative approval by the Floodplain Administrator, if all of the following are met: i. The land use existing at the time of the flood or other casualty remains the same; ii. The area of the footprint of the structure does not increase; and iii. There is no rise in the Base Flood Elevation or, if there is any rise in the Base Flood Elevation, as determined by a Flood Study identifying upstream and downstream structures that will be impacted, it will: a) Not raise the levels of the base flood or future conditions flood onto impacted structures; and b) Not redirect velocities of water onto impacted structures. b. A variance by the City Council, if all of the following are met: i. The land use existing at the time of the flood or other casualty remains the same; ii. The area of the footprint of the structure does not increase; iii. There are unique circumstances applicable to the site such that strict adherence to the provisions of this Article will result in unnecessary hardship or create practical difficulties; and iv. The variance granted is the minimum necessary to maintain the land use v. A written request for a variance shall be submitted to the City Clerk and shall state the specific variance sought, the justification for the variance and what measures will be taken to ensure the requirements of this Article have been met to the maximum extent practicable. c. An administrative approval by the Floodplain Administrator for any redevelopment that does not increase the flood elevation and that decreases the bulk of an existing building or structure below the base flood or future conditions flood level by at least 25% of the portion exceeding 50% of the floodway fringe or future conditions flood hazard areas. Any additional fill or material being added as a part of the redevelopment shall be included for calculation of the bulk of the proposed redevelopment. A written request for a variance shall be submitted to the Floodplain Administrator. 5. Notwithstanding the preceding exceptions, the City Council may approve a variance to the 50% lot coverage limitation where the following conditions are met: a. There are unique circumstances applicable to the site such that strict adherence to the provisions of this Article will result in unnecessary hardship or create practical difficulties; b. The variance is in harmony with the general purpose and intent of this Article; and c. In granting this variance, public safety and welfare has been assured and substantial justice has been done. d. A written request for a variance shall be submitted to the City Clerk and shall state the specific variance sought, the justification for the variance and what measures will be taken to insure the requirements of this Article have been met to the maximum extent practicable. 6. Upon a determination that the extent of the development limit will deprive the land owner of reasonable use of their property, the City Council may allow development in excess of the 50% lot coverage limitation of the floodway fringe or future conditions flood hazard areas. Sec. 9.3.6. Street Crossings Watercourses A. All streets and driveways or any bridge or culvert associated with any street or driveway, crossing a watercourse, shall be designed and constructed in accordance with City standards. B. Street crossings of natural resource buffer yards shall be as close to a perpendicular angle as possible. C. Any street, driveway, bridge or culvert associated with any street or driveway, which is located in a floodprone area draining less than 1 square mile and not shown on a FEMA map or located outside a floodprone area, may either increase the flow levels and area of flooding of the 10 through 100 year frequency floods or redirect floodwaters if the following is met: 1. Copies of recorded flood easements or flood easements on recorded plats Article 9.3. ​​Floodprone Area Regulations | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.3.6. Street Crossings Watercourses

RkJQdWJsaXNoZXIy NjM1NA==