The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures located within an identified floodplain area. However, when an improvement is made to any existing structure located within an identified floodplain area, the provisions of §
8-702 of this chapter shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within an identified floodplain
area:
A. No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause an increase in
BFE.
B. No expansion or enlargement of an existing structure shall be permitted
within any AE Area/District without floodway that would, together
with all existing and anticipated development, increase the BFE more
than three inches at any point.
C. Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this chapter.
D. The above activity shall also address the requirements of the Uniform
Construction Code and the standardized codes adopted thereunder, including
but not limited to the 2009 International Building Code and the 2009
International Residential Code, or latest edition of either that is
incorporated into the Uniform Construction Code.
E. Within any Floodway Area/District (see § 8-402.A of this
chapter), no new construction or development shall be permitted unless
the appropriate permit is obtained from the DEP Regional Office.
F. Within any AE Area/District without floodway (see §
8-402B of this chapter), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the DEP Regional Office.
G. Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
H. Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "cumulative substantial damage" in §
8-201 of this chapter shall be undertaken only in full compliance with the provisions of this chapter.