In all districts, where the provisions of this Section are utilized, the bulk provisions of this Resolution, and the provisions regulating the reconstruction, enlargement and alteration of buildings with non-conforming uses and non-complying buildings or other structures shall be modified to allow the reconstruction, enlargement, relocation and alteration of buildings or other structures that were damaged due to the effects of the severe disaster, including non-conformances to be continued, and non-compliances to be created, continued, or increased, provided the building or other structure is subject to the following provisions, as applicable:

(a)        Floor area

The maximum amount of floor area shall not exceed the amount of pre-existing floor area as it existed prior to the reconstruction, enlargement, relocation or alteration work or the amount permitted by the district, whichever is greater. Furthermore, no extension or change of use may create a new non-conformance or a new non-compliance, or increase the degree of existing non-conformance or non-compliance with floor area.

(b)        Building footprint

The resulting lot coverage shall be less than or equal to that of the pre-existing building or other structure as it existed prior to the reconstruction, enlargement, relocation or alteration work or the amount permitted by the district, as applicable, whichever is greater. Furthermore, a building or other structure may continue an existing non-compliance, increase the degree of an existing non-compliance, or create a new non-compliance with respect to open areas required through regulations for yards, open space, open space ratio, lot coverage, courts, and minimum distance between buildings, in order to relocate or alter the footprint of the building or other structure, provided that:

(1)        a new or increased non-compliance into an open area shall not exceed a horizontal distance of five feet, as measured perpendicular to the outermost edge of the non-complying building or other structure, as it existed prior to the reconstruction, enlargement, relocation or alteration work; and

(2)        any new or increased non-compliance shall not result in an open area of:

(i)        less than five feet between the wall of a building or other structure and a rear lot line;

(ii)        less than three feet between the wall of a building or other structure and a front lot line, in districts with front yard requirements; and 

(iii)        less than three feet between the wall of a building or other structure and a side lot line for detached buildings in districts that do not allow zero lot line buildings.

Nothing in this Section shall affect the permitted obstruction allowances set forth by the district regulations.

(c)        Building height

The resulting height and setback may continue an existing non-compliance, provided that the height of such reconstructed, enlarged, relocated or altered building or other structure as measured from curb level, base plane or other applicable underlying datum, does not exceed the pre-existing height of such building, as measured from the top of the lowest floor that contains floor area, to the highest point of such pre-existing building. All permitted obstruction allowances shall be measured with respect to the modified height and setback regulations set forth in this Section.

For the purpose of applying waterfront and parking regulations, buildings or other structures reconstructed pursuant to this Section shall not be considered developments or enlargements.