ORlEANS ANNUAl TOwN REPORt FOR YEAR ... - Town Of Orleans

ii. Alteration to a structure which complies with all current setbacks, yard,lot coverage and building height requirements but is located on a lotwith insufficient frontage, where the alteration will also comply with allof said current requirements.iii. Alteration to a structure which encroaches upon one or more requiredyard or setback areas, where the alteration will comply with all currentsetback, yard, lot coverage and building height requirements; theprovisions of this subsection shall apply regardless of whether the lotcomplies with current area and frontage requirements.iv. Alteration to a structure which will not increase the footprint of theexisting structure provided that existing height requirements shall notbe exceeded.(b) Except as otherwise set forth in (c) below, alteration to a nonconformingsingle or two family residential structure that increases the nonconformingnature of the structure may be allowed on Special Permit from the Boardof Appeals provided the Board of Appeals finds that such alteration will notbe substantially more detrimental to the neighborhood than the existingnonconforming structure.(c) Alteration to a nonconforming single or two family residential structure insuch a manner as to:i. create a new dimensional nonconformity, orii. intensify an existing nonconformity by extending further into a requiredsetback area, oriii. increase the height of the structure greater than the allowed height,shall require the issuance of a variance by the Board of Appeals and theSpecial Permit finding required under subsection (b). Provided, however,the extension of an exterior wall or surface of an existing structure at oralong the same nonconforming distance within a required setback areashall not require the issuance of a variance.2. Alteration, Reconstruction, Extension or Structural Change (collectively“alteration”) to Nonconforming Structures Other than Single and TwoFamily Structures. Other nonconforming structures or uses may bealtered, reconstructed, extended or structurally changed on Special Permitfrom the Board of Appeals if the Board of Appeals finds that suchalteration will not be substantially more detrimental to the neighborhoodthan the existing nonconforming structure or use. The alteration of anonconforming structure in such manner as to create a new dimensionalnonconformity or to intensify an existing dimensional nonconformity, shallrequire the Special Permit finding and the issuance of a variance by theBoard of Appeals.76