Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 27 Effective Date: March 6, 2018 Supp. No. 5 facilities and salvage yards are allowed in the floodway or non- encroachment areas. B. Allowed Uses Provided they are not otherwise prohibited in this UDO, the following uses are allowed within floodway and non-encroachment areas. 1. General farming, pasture, outdoor plant or nurseries, horticulture, forestry, wildlife sanctuary, game preserves and other similar agricultural wildlife and related uses. 2. Lawns, yards, gardens, parking areas, play areas and other similar uses. 3. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, greenways, bikeways, hiking or horseback-riding trails, botanical gardens, open space and other similar private and public recreational uses. 4. Any other use not employing a structure and not subject to floating away during a flood. 5. Any use employing a structure, provided all portions of any structure, including foundation and supports, shall be located outside the floodway area and that any structure which overhangs the floodway is elevated above the depth of the 500-year flood. 6. Other encroachments, including fill, new construction, substantial improvements, structures as defined in the North Carolina State Building Code, manufactured homes, use and other developments when it has been demonstrated that the proposed encroachment would not do any of the following: a. Adversely affect the capacity of the channels floodway and non- encroachment areas or drainage facilities or systems; b. Redirect velocities of water of the base flood or future conditions flood onto adjacent properties; and c. Result in any increase in the flood levels during the occurrence of the base flood or future conditions flood all based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of floodplain development permit or a Conditional Letter of Map Revision has been approved by FEMA. A Letter of Map Revision must also be obtained upon completion of the proposed encroachment. C. Restrictions on Existing Structures 1. No structure existing and lying within a floodway shall be considered a nonconforming structure. All such structures may be repaired, improved, strengthened and enlarged; provided that no construction is permitted which will: a. Enlarge the foundation area of the structure within the floodway; b. Increase the bulk of the building or structure within the floodway below the base flood or future conditions flood level; or c. Enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates. 2. In the event of damage to an existing structure in a floodway by flood or other means that requires a substantial improvement of the structure, the structure may be repaired; provided that: a. The surface area of the floodway formerly occupied by the structure shall not be increased; b. The repairs to the structure shall incorporate appropriate floodproofing measures; and c. The repairs shall not increase the bulk of the structure below the base flood or future conditions flood level. 3. Additions may be made to existing structures located in a floodway upon recommendation from the Corp of Engineers and upon a letter of approval from FEMA to the City Council that the impact of the proposed addition would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Sec. 9.3.5. Floodway Fringe and Future Hazard Areas A. Prohibited Uses 1. The storage or processing of acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, oxides of nitrogen, phosphorous, potassium, sodium, sulphur or any other item which in time of flooding could be caustic is prohibited. 2. New solid waste disposal facilities, hazardous waste management facilities Article 9.3. ​​Floodprone Area Regulations | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.3.5. Floodway Fringe and Future Hazard Areas