Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 28 Effective Date: March 6, 2018 Supp. No. 5 and salvage yards are prohibited in the floodway fringe areas and future conditions flood hazards areas. 3. In flood hazard soils, areas of watercourses that drain areas less than 1 square mile may use a structure or encroachment, including fill, which is located within 90% of the distance of the outer limits of the flood hazard soils,as measured from either side of the center line of the stream channel or the low point when there is no stream channel, or the midpoint, when there is no stream channel or low point and which increases the elevation of the base flood or future conditions flood at any point by more than ½ foot, is prohibited. 4. Nothing in this section prevents a landowner from redelineating flood hazard soils areas of water courses which drain less than 1 square mile to accommodate more than a ½ f oot rise of the base flood or future conditions flood if: a. All of the more than ½ foot flood rise for the base flood or future conditions flood remains on the property of petitioner; b. The establishment and documentation of field conditions used in the redelineation are based on information supplied by a licensed registered land surveyor and all calculations are made and certified by a licensed professional engineer; c. Any sanitary sewer manholes in an area of increased depth are floodproofed by the petitioner; d. The petitioner notifies by certified or registered mail, return receipt requested, all adjoining property owners and tenants, including the petitioning property. Such notice shall explain the proposed redelineation and it shall inform such persons that they can appeal the proposed redelineation to the PublicWorks Director within 10 days after receipt of the letter; e. Appeals from decisions of the PublicWorks Director shall be to the City Council; and f. Upon the approval of the revised delineation by the City, the new delineation is recorded with the Register of Deeds ofWake County. Recorded delineations shall mark any additional lands subject to flooding as a “flood storage area.” B. Allowed Uses Provided they are not otherwise prohibited in this UDO, the following uses are allowed within floodway fringe and future conditions flood hazard areas. 1. Uses Allowed Below the Regulatory Flood Protection Elevation a. Uses permitted and regulated in floodways. b. Nonresidential structures and residential accessory structures which comply with Sec. 11.4.6.B.2. or Sec. 11.4.6.B.3. subject to Sec. 9.3.5.C. below. c. Underground storage and structure foundations and supports which are watertight and substantially impermeable to the passage of water and are designed to withstand the flood depths, pressure, velocities, impact and uplift forces associated with the base flood or future conditions flood at the location of the structure. 2. Uses Allowed Above the Regulatory Flood Protection Elevation a. Structures which comply with Sec. 11.4.6. b. Manufactured homes and additions to manufactured homes that comply with Sec. 11.4.6. c. Structures constructed on fill so that the lowest floor is above the regulatory flood protection elevation, provided the top of the fill is no lower than 1 foot below the regulatory flood protection elevation for the area and extends in all directions at least 15 feet beyond the limits of any structure or building. d. Open storage of materials subject to floating away during a flood provided the storage is placed on fill at least 1 foot above the regulatory flood protection elevation. C. Limits of Development The lot coverage of any lot may not exceed 50% of the portion of the floodway fringe or future conditions flood hazard areas on that lot, with the following exceptions. 1. Uses permitted in floodways. 2. Ground level loading areas, parking areas, heliports and other similar ground level uses. 3. Any lot ½ acre or less in size which was recorded prior to May 2, 2006. CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.3. ​Floodprone Area Regulations Sec. 9.3.5. Floodway Fringe and Future Hazard Areas