§ 152.082 DECKS.
   Construction on new decks or replacement of existing decks (excluding replacement of deck boards or railings) shall require permits and comply with the following standards:
   (A)   Decks shall meet structure setbacks of this section, except as allowed in division (D) below.
   (B)   A four-foot walkway attached to the dwelling, for access purposes, may be added without a variance lake ward and located closer than the required structure setback from the ordinary high water level. A permit shall not be necessary for a four-foot walkway.
   (C)   Decks should be constructed as to be pervious with spacing in the deck boards, allowing water to reach a pervious surface below the deck. Decks not meeting this requirement shall be considered impervious surfaces.
   (D)   Decks that do not meet required setbacks from public waters may be allowed without a variance to principle structures in existence prior to 7-1-1995, if the following criteria are met:
      (1)   An evaluation of the property and structure reveals no reasonable location for a deck meeting the OHW setback, as determined by the Zoning Administrator.
      (2)   The deck encroachment toward the OHW docs not exceed 15% of the existing public water setback and does not encroach any closer than 30 feet, whichever is more restrictive.
      (3)   The deck is not roofed or screened.
      (4)   Maximum size of the deck is 200 square feet.
      (5)   No variance has been granted to encroach toward the lake since 7-1-1995.
      (6)   The impervious surface coverage is not exceeded for the zoning district.
(Ord. 906, 1st Series, passed 5-9-2017) Penalty, see 152.999