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screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming <br />summer, leaf-on vegetation. <br /> (c) Height of structures. All structures shall not exceed 36 feet in height, except churches and <br />nonresidential agricultural structures. <br />(Ord. 04-95, passed 4-10-1995) <br />§ 1102.08 NONCONFORMITIES. <br /> All legally established nonconformities as of the date of this chapter may continue, but they will be <br />managed according to applicable state statutes and other regulations of the city for the subjects of <br />alterations and additions, repair after damage, discontinuance of use and intensification of use; except that <br />the following standards will also apply in the Shoreland Overlay District. <br /> (1) Construction on nonconforming lots of record. <br /> (a) Lots of record in the office of the county recorder prior to the date of enactment of this chapter <br />which do not meet the requirements of § 1102.07(1) may be allowed as building sites without variances <br />from lot size requirements, provided: <br /> 1. This use is permitted in the underlying zoning district; <br /> 2. The lot is and has been in separate ownership from abutting lands at all times since it became <br />substandard; <br /> 3. The lot was created compliant with official controls in effect at the time; <br /> 4. All other dimensional requirements are complied with insofar as practical; and <br /> 5. Sewage treatment and setback requirements of this chapter are met. <br /> (b) A variance from setback requirements must be obtained before any use or building permit is issued <br />for a lot. In evaluating the variance, the City Council shall consider sewage treatment and water supply <br />capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. <br /> (c) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not <br />meet the requirements of § 1102.07(1), the lot must not be considered as a separate parcel of land for the <br />purposes of sale or development. The lot must be combined with the one or more contiguous lots so they <br />equal one or more parcels of land, each meeting the requirements of § 1102.07 of this chapter as much as <br />possible. <br /> (2) Additions/expansions to nonconforming structures. <br /> (a) All additions or expansions to the outside dimensions of an existing nonconforming structure must <br />meet the setback, height and other requirements of this chapter. Any deviation from these requirements <br />must be authorized by a variance pursuant to § 1102.04(3). <br /> (b) Deck additions may be allowed without a variance to a structure not meeting the required setback <br />from the ordinary high water level if all of the following criteria and standards are met: <br /> 1. The structure existed on the date the structure setbacks were established; <br /> 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck <br />meeting or exceeding the existing ordinary high water level setback of the structure; <br /> 3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing <br />setback of the structure from the ordinary high water level or does not encroach closer than 30 feet,