12-19-1996 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission

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• • #FV97-001 Page 4 of 8 1/16/97 (7) Upon consideration of the factors noted above and the intent of this Ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objective of this Ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. c. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by La Porte for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D(1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Conclusion: The requirements to build in a floodway are highly technical and a No-Rise Certification must be submitted by the applicant and approved by the City to build in the Floodway.