(A) All additions or expansions to the outside dimensions of an existing non-conforming structure must meet the setback, height and other requirements of §§ 152.035 through 152.044 of this chapter. Any deviation from these requirements must be authorized by a variance pursuant to § 152.113 of this chapter.
(B) 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 the structure setbacks were established;
(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.
(2004 Code, § 152.057) (Ord. 92-56, passed 4-14-1992)