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. i. the structure existed on the date the structure setbacks were established; ii. 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; iii. the deck encroachment toward the ordinary high water level does not exceed 15 percent 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 iv. the deck is constructed primarily of wood, and is not roofed or screened. 3 . Nonconforminq sewaqe treatment systems . a. A sewage treatment system not meeting the requirements of Section 904.08(8) of this Ordinance shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. 904.12 - SUBDIVISION/PLATTING PROVISIONS 1. Land Suitability - Each lot created through subdivision including planned unit developments authorized under Section 904.14 of this Ordinance, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the City of Elk River shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. . 2. Consistency with other controls - Subdivisions shall conform to all official controls of the City of Elk River. A subdivision-will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 904.08(2) and 904.08(8) can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 9.171