Off-street parking areas should not be located in front of buildings between the building and the street.

Off-street parking shall be provided where it is physically possible to do so.

Exception to those properties located along First Avenue NW or SW, 90-degree parking is permitted abutting the street when approved by the City Council.

Access points for rear and side parking lots should be designed to look like streets rather than driveways.

Parking areas should be well identified and easy to find.

On-street parking should be provided everywhere it is physically possible to do so.

If the required amounts of parking spaces cannot be fully provided on site, then parking may be provided in public or shared lots elsewhere within the Downtown Overlay District.

Shared parking facilities among commercial uses should be encouraged where peak hours, proximity, and other characteristics would make these types of facilities feasible.

Parking areas should flow together and should not contain barriers that would prevent cross connections between lots, as this should encourage the sharing of parking areas between uses.

Shared parking shall meet the requirements as stipulated within Article 17 of this chapter.

Employees of commercial establishments should be required to park in designated long-term parking areas.

When a non-residential use would require 100 or fewer parking spaces based upon the requirements of Article 17 of this chapter, the required number of parking spaces provided shall be 50% of the total number required.

Brick.

Natural stone.

Wood provided the surfaces are finished for exterior use and only woods of proven durability shall be used.

Glass, to include glass curtain wall panels.

Tilt up concrete panels that have a grid or block like appearance.

EIFS (Exterior Insulating and Finishing System) may be used but not as a primary material.

Metal may be used as an accent but not as a primary material.

An awning may project over the public sidewalk provided that it is at least eight feet above grade and does not project more than 2/3 the width of the public sidewalk as measured from the building.

Awnings must be constructed of durable, water-repellent material such as canvas or metal. Plastic or fiberglass awnings are not permitted.

Backlighting or illuminating of awnings is not permitted.

Retractable or fixed awnings may be used.

Awnings shall not extend across multiple storefronts and/or multiple buildings. Long expanses of awnings should be broken into segments that reflect the door or window openings located beneath.

Awning colors and materials shall complement the building facade. Earth tones are encouraged. Large areas of bright colors are considered inappropriate.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available and shall meet the gross surface area requirements provided within Article 16 of this chapter.

Awnings and canopies deteriorate over time; regular maintenance and replacement is required.

Color renderings showing the location, size, color, and any proposed signage shall be submitted for review by the Downtown Committee and Planning Commission. Awnings that encroach within or above the public right-of-way shall receive approval by the City Council prior to construction of the awning.

Public collection and treatment facilities must be used where available and feasible.

All minimum standards or other local ordinances, Minnesota Rules part 7080.0010 through 7080.0240 and all applicable standards of the Minnesota Department of Health relating to wells and sewer systems are complied with.

All private water supply systems shall conform to Minnesota Department of Health standards for water quality.

Findings of Fact.

Statement of Purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in Subsection A1(a) by provisions contained herein.

The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the Flood Insurance Study for Isanti County Minnesota and Incorporated Areas, prepared by the Federal Emergency Management Agency and dated November 5, 2003, and the Flood Insurance Rate Map Panels dated November 5, 2003 therein and numbered 0170D, 0190D, 0282D, 0285D, 0301D, and 0305D, and the Flood Insurance Rate Map Panels dated November 5, 2003, Revised Dated April 12, 2006 numbered 0282D and 0301D. The Official Zoning Map shall be on file in the Office of the City Clerk and the Zoning Administrator.

The City of Isanti is adopting more panels than is currently within City limits due to current and future anticipated growth. The additional maps will be effective upon the acceptance of the City with Annexation or in its Urban Service Area.

In their interpretation and application, the provision of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between the mapped boundary and actual field conditions and there is a formal appeal of the decision of the City Administrator and/or his/her designee, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the Community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area in the floodplain if earlier, and other available technical data. Person contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

Any alteration of an "historic structure" provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this section, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1.

Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map effective on November 5, 2003, and the Flood Insurance Rate Map Panels dated November 5, 2003, therein and numbered 0170D, 0190D, 0282D, 0285D, 0301D, and 0305D, and the Flood Insurance Rate Map Panels dated November 5, 2003, Revised Dated April 12, 2006 numbered 0282D and 0301D.

Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe shall constitute those areas shown on the Flood Insurance Rate Map effective on November 5, 2003, therein and numbered 0170D, 0190D, 0282D, 0285D, 0301D and 0305D, and the Flood Insurance Rate Map Panels dated November 5, 2003, Revised Dated April 12, 2006 numbered 0282D and 0301D as being within Zone AE but being located outside the floodway.

General Floodplain District. The General Floodplain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map effective on November 5, 2003 therein and numbered 0170D, 0190D, 0282D, 0285D, 0301D, and 0305D, and the Flood Insurance Rate Map Panels dated November 5, 2003, Revised Dated April 12, 2006 numbered 0282D and 0301D.

New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically § 350-11-3.11;

Modifications, additions, structural alterations, or normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically § 350-11-3.13; and

As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section and specifically as stated in § 350-11-3.12 of this section.

General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

Industrial-commercial loading areas, parking areas, and airport landing strips.

Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.

Residential lawns, gardens, parking areas, and play areas.

The use shall have a low flood damage potential.

The use shall be permissible in the underlying zoning district, if one exists.

The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.

Structures accessory to the uses listed in Subsection B above and the uses listed in Subsection C2 through C8 below.

Extraction and storage of sand, gravel, and other materials.

Marinas, boat rentals, docks, piers, wharves, and water control structures.

Railroads, streets, bridges, utility transmission lines, and pipelines.

Storage yards for equipment, machinery, or materials.

Placement of fill.

Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of § 350-11-3.11C of this section.

Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.

All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.

All floodway Conditional Uses shall be subject to the procedures and standards contained in § 350-11-3.12D of this section.

The Conditional Use shall be permissible in the underlying zoning district if one exists.

Fill.

Accessory structures shall not be designed for human habitation.

Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:

Accessory structures shall be elevated on fill of structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking and vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate:

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body.

All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulator Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with § 350-11.3.6E3.

The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowed only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with Subsection B1 above.

The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.

The provisions of § 350-11-3.7E5 of this section shall apply.

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade and on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

Basements, as defined in § 350-11-3.3B of this section, shall be subject to the following:

All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted.

When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

Storage of Materials and Equipment:

The provisions of Subsection E, listed immediately below, shall also apply.

All new principal structures must have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subsection E2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established certain criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.

Standards for travel trailers and travel vehicles are contained in § 50-11-3.11C.

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

The uses listed in § 350-11-3.6A shall be permitted uses.

All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to § 350-11-3.8B below. § 350-11-3.6 shall apply if the proposed use is in the Floodway District and § 350-11-3.7 shall apply if the proposed use is in the Flood Fringe District.

Upon receipt of an application for a Conditional Use Permit for a use within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District.

The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:

The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of § 350-11-3.6 and § 350-11-3.7 of this section.

On-site water systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

Exemption. Travel trailers and travel vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in Subsection C2 below and further they meet the following criteria:

Areas Exempted for Placement of Travel/Recreational Vehicle.

Travel trailers and travel vehicles exempted in Subsection C1 above, lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in § 350-11-3.6 and § 350-11-3.7 of this section.

New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:

Permit Required. A permit issued by the Zoning Administrator in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a non-conforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

Application for Permit. Application for a Permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits.

Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this section.

Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, Conditional Use Permits, Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided in § 350-11-3.14 of this section.

Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood-proofing measures shall be certified by a registered professional engineer or registered architect.

Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed.

Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit, to work in the beds of public waters pursuant to Minnesota Statutes, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Agency (FEMA).

Notification of FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law.

Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this section.

Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the Ordinance, and other zoning regulations in the Community, and in the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. The following additional variance criteria of the Federal Emergency Agency must be satisfied:

Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least 10 days' notice of the hearing.

Decisions. The Board shall arrive at a decision on such appeal or Variance within 60 days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this section, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in § 350-11-3.12D6, which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this section punishable under § 350-11-3.14 of this section. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within 10 days of such action.

Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes.

Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.

Hearings. Upon filing with the City of Isanti an application for a Conditional Use Permit, the City of Isanti shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least 10 days' notice of the hearing.

Decisions. The City of Isanti shall arrive at a decision on a Conditional Use within 60 days from the date of its official and complete submission, unless extended pursuant to Statute or a time waiver is granted by the applicant. City staff is authorized to extend the sixty-day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial sixty-day period. In granting a Conditional Use Permit the City of Isanti shall prescribe appropriate conditions and safeguards, in addition to those specified in § 350-11-3.12D6 of this section, which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this section punishable under § 350-11-3.14 of this section. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within 10 days of such action.

Procedures to be followed by the City of Isanti in Passing on Conditional Use Permit Applications Within all Floodplain Districts.

Factors Upon Which the Decision of the City of Isanti Shall Be Based. In passing upon Conditional Use applications, the City of Isanti shall consider all relevant factors specified in other sections of this section, and:

Time for Acting on Application. The City of Isanti shall act on an application in the same manner as outlined within § 350-21-2: Conditional Use Permits, § 350-21-2.3 Procedures of this chapter.

Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this section, the City of Isanti shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:

No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e. FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subsection A3 through A6 below.

The cost of any structural alteration or additions to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this Subdivision are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alteration and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of § 350-11-3.6 and § 350-11-3.7 of this section for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively.

If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months.

If any nonconforming use or structure is substantially damaged, as defined in §350-11-3.3T of this section, it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in §350-11-3.6, § 350-11-3.7, or §350-11-3.8 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe, or General Floodplain District, respectively.

If a substantial improvement occurs, as defined in §350-11-3.3U of this section, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Subsection A2 above) and the existing nonconforming building must meet the requirements of § 350-11-3.6 or § 350-11-3.7 of this section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

In responding to a suspected article violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct article violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

When an article violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible.

The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either 1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or 2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.