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10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with the Zoning Ordinance. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications,the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to,the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy,and operation. (c) Imposition of operational controls, sureties,and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage,dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources(DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing.The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action.The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities:A use,structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures,as defined in Section 2.939(b) of this ordinance, are subject to the provisions of Sections 11.11-11.16 of this ordinance. 11.11 A nonconforming use, structure,or occupancy must not be expanded,changed,enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure,then the entire structure must meet the August 2015 17 56