Section 201.3, Terms defined in other codes, of the Building Code of the City of Lewes be amended by inserting a new sentence at the end of Section 201.3 as follows: "Where terms are explicitly defined in the Municipal Code of the City of Lewes, such definitions shall be controlling in all instances the context clearly requires otherwise."
Section 202, Definitions, of the Building Code of the City of Lewes is amended by deleting the definitions of "substantial damage" and "substantial improvement" in their entirety and inserting the following definitions:
Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial Improvement - Any combination of repair, alteration, reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 50% of the market value of the structure before improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Building Official and that are the minimum necessary to assure safe living conditions.
[Amended 10-14-2024; 10-14-2024]
Section 1612, Flood Loads, of the Building Code of the City of Lewes is amended by creating a new Section 1612.5 as follows:
1612.5 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 (American Society of Civil Engineers) or the base flood elevation plus 36 inches, whichever is higher, and by inserting the following:
(1) Special Flood Hazard Areas (1% annual chance, Zone AE, and Zone VE).
(a) Residential structures located within the 1.0% annual flood chance (Zone AE) shall be elevated and anchored to or above the base flood elevation plus 36 inches. The first-floor elevation shall be measured at the top of the lowest finished floor height. Houses may have a maximum height of 35.5 feet.
(b) Residential structures located within the 1.0% annual flood chance (Zone VE) shall be elevated and anchored to or above the base flood elevation plus 36 inches. The first-floor elevation shall be measured at the bottom of the lowest horizontal structure member. Houses may have a maximum height of 35.5 feet.
(c) Nonresidential buildings located within the 1.0% annual flood chance (Zone AE or Zone VE) are encouraged to voluntarily elevate and anchor to an elevation 36 inches above BFE. Elevation shall be determined by applying the definition of building height. If a structure utilizes this provision, the maximum building height is increased by two feet beyond the applicable height limitation.
(2) Non-Special Flood Hazard Areas [0.2% Zone X (shaded)].
(a) Residential structures located within the 0.2% shall be elevated and anchored to or above the base flood elevation plus 18 inches. The first-floor elevation shall be measured at the top of the lowest finished floor height. Houses may have a maximum height of 34 feet. This requirement shall go into effect two years from the adoption of the ordinance.
(3) Outside a Regulated Flood Area [Zone X (unshaded)].
(a) Residential structures outside a regulated floodplain are encouraged to elevate and anchor to or above the finished floor an elevation plus 18 inches. The base elevation shall be determined by applying the definition of "building height." Houses using this option may have a maximum height of 34 feet.
(4) Nonresidential buildings located outside Zone AE or Zone VE are encouraged to voluntarily elevate and anchor to an elevation 18 inches above BFE. Elevation shall be determined by applying the definition of building height. If a structure utilizes this provision, the maximum building height is increased by two feet beyond the applicable height limitation.