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Commission recommends clearer demolition definition tied to 50% structural threshold
Summary
The Dewey Beach Planning & Zoning Commission voted unanimously to recommend a revised demolition-definition ordinance that treats removal of 50% or more of a building's primary structural system as demolition, clarifies floodplain interplay with FEMA standards, and directs staff to add cumulative tracking language (5-year window).
The Dewey Beach Planning & Zoning Commission on July 22 recommended that town commissioners adopt a revised zoning definition of demolition that centers on structural, not dollar, measures. Chair Dave Lyons read the proposed language: "for purposes of this chapter, a structure shall be deemed demolished whenever the proposed work removes or replaces or destroys 50% or more of the building's primary structural system." The motion to forward the revised draft passed unanimously.
Commissioners and staff emphasized the change aims to remove ambiguity and distinguish voluntary demolition from storm- or fire-related damage. A commission member explained the policy rationale: owners who voluntarily demolish must rebuild to current standards, while owners rebuilding after damage not caused by them may reconstruct to the prior configuration. The draft explicitly states it does not supersede section 101 (floodplain/substantial improvement) or chapter 71 (building code) and requires a written determination from the building official documenting the factual basis and any engineering reports used in the decision.
Public comment raised several points of clarification. Dewey Beach resident David Moskowitz asked, "How is that 50% measure? Is it cost square footage, structural members?" and whether the measure is applied per project or cumulatively over time. Commissioners discussed FEMA-style cumulative tracking and agreed to add language applying a 50% threshold over a five-year period to address piecemeal permitting. The commission also debated and agreed to clarify that the building official's determination should be made "through town code" and that some disputed paragraph language would be struck or reviewed by council.
The commission recorded a unanimous vote to recommend the edited demolition-definition ordinance to the town commissioners, with staff directed to consult building staff (Jim) on precise technical wording and to insert FEMA-aligned cumulative-permit language before the matter goes to the council. The recommendation also included striking a contested paragraph (paragraph f) while noting the council could reinstate it with justification.
The next procedural step is for staff to finalize wording with building staff and for the town commissioners to consider the commission's recommendation at a future meeting.
