Unified Development Ordinance, 30th Supplement, November 2023

CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.3. Floodprone Area Regulations

e. Any activity 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. 4. Legally permitted structures existing and lying within a FEMA floodway or FEMA non- encroachment area 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 or non encroachment area; 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. B. FEMA Floodway Fringe and FEMA Future Conditions Flood Hazard Area Standards Areas designated as FEMA floodway fringe or FEMA future conditions flood hazard areas are located within SFHAs. The following provisions shall apply to such areas: 1. New development applications received after July 19, 2022 proposing development within FEMA floodway fringe areas and FEMA future conditions flood hazard areas are subject to the FEMA Floodway and FEMA Non-Encroachment Area Standards in Sec. 9.3.6.A., unless they qualify for exempt status under Sec. 9.3.6.B.1.a. a. New development within the FEMA floodway fringe or FEMA future conditions flood hazard areas are exempt from Sec. 9.3.6.B.1. if one of the following applies: i. Any lot 0.5 acre or less in size which was recorded prior to July 19, 2022. ii. Any lot with existing development that is not subdivided or created by subdivision after July 19, 2022. iii. Any lots that each individually fall under i. or ii. above may be recombined and maintain exempt status regardless of the size of the lot created.

b. A variance to Sec. 9.3.6.B.1. may be sought by an applicant following the procedures prescribed in Sec.10.2.10. 2. New development within the FEMA floodway fringe and FEMA future conditions flood hazard areas must comply with Sec. 9.3.5., Sec. 11.4.6. and the following: a. When a structure is constructed on fill and the lowest floor is above the RFPE, the top of the fill shall be no lower than one (1) foot below the RFPE and shall extend in all directions at least fifteen (15) feet beyond the limits of the structure. b. Open storage materials subject to floating away during a flood must be placed on fill at least one (1) foot above the RFPE. 3. For all lots recorded prior to July 19, 2022 or for lots with new development applications received after July 19, 2022 which are exempt lots per Sec.9.3.6.B.1.a., the lot coverage may not exceed 50% of the portion of the FEMA floodway fringe or FEMA future conditions flood hazard areas on that lot, with the following exceptions: a. Any lot ½ acre or less in size which was recorded prior to May 2, 2006; b. Activities allowed in FEMA floodways or FEMA non-encroachment areas as outlined in Sec. 9.3.6.A.3.; or c. Existing or approved structures, for which a building permit has been issued prior to July 19, 2022 are subject to the following: i. In the event of damage to such a structure which requires a substantial improvement of said structure, the structure may be repaired or rebuilt with one of the following administrative approvals: a) An administrative approval by the Floodplain Administrator and/ or his or her designee, if all the following are met: 1) The land use existing at the time of the flood or other casualty remains the same; 2) The use existing at the time of the flood or other casualty remains the same;

3) There is no rise in the BFE or, if there is any rise in the BFE, as determined by a flood study identifying upstream and down stream structures that will be impacted, it will:

i. Not raise the levels of the base flood or future conditions flood onto impacted structures; and

Supp. No. 30

9 – 38 Published November 2023

Part 10: Unified Development Ordinance City of Raleigh, North Carolina