@Paul C. Are you pulling a permit for your deck? If not, then don't worry about Code Enforcement. However, like a previous investor mentioned, check with the manufacturer's recommendation in the event (I doubt it) says minimum clearance is less than 36" then you'll feel a little more comfortable.
IF you have to move it, and your dealing with Code Enforcement, they might gig you on not having the disconnect or weather resistant GFCI outlet within a certain number of feet from the unit. If you don't have one, they can make you have one (that building inspector could make you pull an HVAC permit too). I have a number of feet in mind but I am not sure and do not want to post it until someone confirms it. I know our inspector made us move it, we moved it just outside the distance it should have been from the outlet but he just walked around, saw it moved and left. So we got lucky.
The cost of moving it, well it completely depends on your HVAC guy, which could also result in an electrician too. Most HVAC guys do not move or run the electrical, accept from disconnect to the unit. Depending on how much extra line set you have, you might be extremely limited to the distance you can move the unit without replacing some of the line set. If that is done, there goes your coolant!
IF you are having this deck permitted, you'll need to have your property surveyed and sight plans for the County. Be sure your contractor is informed of the recent change in code for decks before they build it! They've changed the size of lumber you have to use on the corners now and I believe something to do with footers. Code Enforcement will make you pour the footers, they'll have to check them first, then you can begin the build.
I know this is far more than you asked for, but keep them in mind if you go this route. But you'll see how a $125 permit could turn into $250 for permits and reschedule fees, plus the additional cost of your contractors etc.
Best of luck sir.
