(B) Any structure must meet § 152.034. Additional provisions with regard to setbacks include:
(1) Any structure proposed to be set closer than 30 feet to the crest of a slope of 18% or greater and which meets the ordinary high water level setback, will require a separate grading and filling permit with plans prepared by a registered engineer.
(2) Setbacks from an unplatted cemetery will be 50 feet from the nearest identifiable grave or 50 feet from the property line, whichever is less restrictive.
(3) Public, semi-public, industrial, or commercial uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(4) Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the average adjoining setbacks from the ordinary high water level, provided the proposed building site is within a platted area or a metes and bounds subdivision and is not located in a shore impact or bluff impact zone.
(5) Only lands above the ordinary high water level can be used to meet lot area and width standards.
(6) Lot width standards must be met at both the ordinary high water level and at the front setback.
(7) Lake minimum lot areas and width standards must comply with § 152.033.
(C) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
(1) The structure existed on the date of adoption of this chapter;
(2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
(3) The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
(4) The deck is constructed primarily of wood and is not roofed or screened.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)