Except as provided in Section 5.5, below, the reconstruction,
extension or structural change of a nonconforming structure in such a manner as to increase an existing
nonconformity, or create a new nonconformity, shall require the issuance of a variance; the extension
of an exterior wall at or along the same nonconforming distance within a required yard shall also require
the issuance of a variance from the Zoning Board of Appeals. 5.5 NONCONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES. Nonconforming single and two family residential structures may be reconstructed, extended, altered,
or structurally changed upon a determination by the Building Commissioner that such proposed
reconstruction, extension, alteration, or change does not increase the nonconforming nature of said
5-1
structure by more than 100% gross floor area. 5.5.1 Permissible Changes. The following circumstances shall not be deemed to increase the
nonconforming nature of said structure and a building permit may be issued:
1. The reconstruction, extension or alteration of the structure complies with the
current setbacks and building height requirements; or
2. The reconstruction, extension or alteration to any side or face of a structure that
does not comply with a current setback requirement, where the reconstruction,
extension or alteration will not result in a decrease in the distance between any
lot line and the nearest point of the structure; or
3. The reconstruction, extension or alteration will not extend beyond the existing
footprint of the structure, provided that the structure will comply with the current
building height requirements.