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e e -9- h. 'The necessity to the facility of waterfront locations, Where applicable: i. 'The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use: j. The relationship of the proposed use to the acmprehensi ve plan for that area. SECl'ION D. VARIANCE PROCEDURES (1) 'The Planning And Zoning Camdssion of the City of La Porte, as appointed and established by City Council of the City of La Porte, shall hear and render judgrrent on request for variances fran the requirements of this Ordinance. (2) Said Planning and Zoning Carmission shall hear and render judgment on an appeal only When it is alleged there is an error in any requirement, decision, or determination nade by the Flood ZOne Administrator in the enforcement or adminis- ration of the Ordinance. (3) Any person or persons aggrieved. by the decision of the Planning and ZOning Camnission nay appeal such decision in the courts of COIIpetent jurisdiction. (4) 'The Flood Plain Administrator shall naintain a record of all actions in- vol ving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances nay be issued for the reconstruction, rehabilitation or re- storation of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Ordinance. (6) Generally, variances nay be issued for new construction and substantial inprovements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed belOll the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Up:m. consideration of the factors noted above and the intent of this Ordinance, the Planning and ZOning Camnission of the City of La Porte nay attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Ordinance (Article l, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge v.ould result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued up:m.: (i) (ii) Shewing a good, sufficient cause: A determination that failure to grant the variance v.ould result in exceptional hardship to the applicant: A detennination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. (iii)