Unified Development Ordinance, 25th Supplement, December 2022

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

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 ii. Not redirect velocities of water onto impacted structures.

b) An administrative approval by the Floodplain Administrator and/or his or her designee for any redevelopment that does not increase the flood elevation and that decreases the bulk of an existing building or structure below the BFE or future conditions flood level by at least 25% of the portion exceeding 50% of the FEMA floodway fringe or FEMA 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 an administrative approval shall be submitted to the Floodplain Administrator and/ or his or her designee.

d. Notwithstanding the preceding exceptions, a variance from the 50% lot coverage threshold in Sec. 9.3.6.B.3. may be sought by an applicant following the procedures prescribed in Sec.10.2.10. C. Standards for FEMA Designated SFHAs without FEMA Established BFEs and/or Floodways If development is proposed within a FEMA designated SFHA established in accordance with Sec. 9.3.3.B.1., where no BFE data has been provided by FEMA on the FIRM, the following provisions, in addition to the provisions of Sec. 9.3.5., shall apply: 1. No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty feet (20’) each side from top of bank or five times the width of the stream whichever is greater, unless certification with supporting technical data by a registered professional engineer licensed in the State of North Carolina is provided to the Floodplain Administrator and/or his or her

Supp. No. 25

9 – 36 Pub l i s hed De c embe r 2022

Pa r t 10 : Un i f i ed Deve l opmen t Or d i nanc e C i t y o f Ra l e i gh , No r t h Ca r o l i na