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Upon consideration of the factors listed above, the Board may attach such conditions to the granting of Conditional Uses or Variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities.
2. Limitation on periods of use and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction and channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.
5. Flood proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of raise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.
A structure or the use of a structure on land which was lawful before the passage or amendment of this Ordinance, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:
1. No structural alteration, addition, or repair to any nonconforming structure over the life of the structure shall exceed 10 percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.
2. If such use is discontinued for 18 consecutive months, any future use of the building premises shall conform to this chapter.
3. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its value prior to destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
4. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
5. Except as provided in subsection 4 above, any use which has been permitted as a Conditional Use or Variance shall be considered a conforming use.
Violations of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Conditional Uses or Variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00 or imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Ely from taking such other lawful action as is necessary to prevent or remedy violation. In addition to the above remedies, a violation of this chapter is a municipal infraction pursuant to Section 364.22 of the Code of Iowa.