§ 151.52 ADDITIONS/EXPANSIONS TO NONCONFORMING STRUCTURES.

   (A)   All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of §§ 151.30 to 151.37 of this chapter. Any deviation from these requirements must be authorized by a variance pursuant to § 151.51.

   (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 fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty (30) feet, whichever is more restrictive; and

      (4)   The deck is constructed primarily of wood and is not roofed or screened.

(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)