§ 155.040 SUBSTANDARD STRUCTURES.
   (A)   All structures in existence prior to the adoption date of this chapter which do not meet the structure setbacks and other dimensional standards of this chapter shall be considered substandard structures.
(Prior Code, Ch. 302 § 601.01)
   (B)   Any extension, enlargement, or alteration of an existing substandard structure or sanitary facility shall meet the setback standards of this chapter.
(Prior Code, Ch. 302 § 601.02)
   (C)   The following exceptions to the setback standards contained in this chapter for substandard structures are allowed, provided in no instance shall the extent to which any structure or sanitary facility violating a setback standard be increased.
      (1)   An extension, enlargement, or alteration of an existing substandard structure or sanitary facility may be permitted on the side of the structure or facility facing away from the river and/or bluffline.
      (2)   A lateral improvement to an existing substandard structure or facility is allowed so long as all of the following conditions are met, subject to the general conditions of this division (C). For the purpose of this section, the term STRUCTURE shall not include decks, porches, garages, or other non-year-round living spaces.
         (a)   A minimum undisturbed setback of 30 feet from all blufflines and 50 feet from the ordinary high water mark of the river shall be maintained.
         (b)   The maximum width of the improvement shall not exceed 50% of the lateral width of the river facing profile of the existing structure. For the purpose of this section, the LATERAL PROFILE WIDTH shall exclude decks porches, garages, or other non-year-round living spaces, and shall be based on the date the structure became a substandard structure.
         (c)   The improvement to the structure must be visually inconspicuous as viewed from the river during summer months.
         (d)   An inspection by the Zoning Administrator and Soil and Water Conservation District must include a finding that tree survival/growth and integrity and inherent stability of the existing landscape will be maintained if the improvement is built.
         (e)   The improvement shall meet all other standards contained in the ordinance, including those contained in §§ 155.016 and 155.041.
         (f)   The height of the improvement shall not exceed the height of the roof line of the existing structure.
      (3)   Exterior decks attached to the structure which do not extend any roof or foundation, may be permitted to extend laterally (parallel to the river or bluffline) at the same setback as the substandard structure if the deck is visually inconspicuous in summer months as viewed from the river, and provided the deck has no roof or building foundation.
      (4)   Substandard structures which do not meet the bluffland and/or shoreland setbacks shall not be raised in elevation or roofline, except in floodplain areas and then only to protect the structure.
(Prior Code, Ch. 302 § 601.03)
   (D)   If a substandard structure needs replacing due to destruction, deterioration, or obsolescence, the replacement shall comply with the dimensional standards of this chapter.
(Prior Code, Ch. 302 § 601.04)