This chapter is to:
A. 
Promote the public health, safety and general welfare;
B. 
Reduce the loss of life and property damages associated with flooding;
C. 
Minimize public expenditures for flood control projects and rescue and relief operations; and
D. 
Assure continued availability of flood insurance.
(Ord. 79-24 § 1, 1979; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Unless specified in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:
A. 
“Alteration of watercourse”
means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.
B. 
“Appeal”
means the request for the review of the city engineer’s interpretation of any provision of this chapter or a request for a variance.
C. 
“Area of shallow flooding”
means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate. Velocity flow in such zones may be evident. AO is characterized as sheet flow and AH indicates ponding.
D. 
“Area of special flood hazard”
means the land in the floodplain within the community subject to a one percent or greater chance of flooding in any given year. Designation of these areas on maps always includes the letter A or V.
E. 
“Base flood”
means the flood having a one percent chance of being equaled or exceeded in any given year and is also referred to as the one-hundred-year flood. Designation of these areas on maps always includes the letter A or V.
F. 
“Base flood elevation (BFE)”
means the elevation to which floodwater is anticipated to rise during the base flood.
G. 
“Basement”
means any area of the building having its floor subgrade (below ground level) on all sides.
H. 
“Breakaway wall”
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
I. 
“Critical facility”
means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
J. 
“Development”
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
K. 
“Elevation certificate”
means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
L. 
“Elevated building”
means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
M. 
“Existing manufactured home park or subdivision”
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
N. 
“Expansion to an existing manufactured home park or subdivision”
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
O. 
“Flood or flooding”
means:
1. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters; and/or
b. 
The unusual and rapid accumulation of runoff of service waters from any source;
c. 
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (O)(1)(b) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
2. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (O)(1)(a) of this section.
P. 
“Flood elevation study”
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS).
Q. 
“Flood insurance rate map (FIRM)”
means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
R. 
“Flood insurance study”
means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood-floodway map and the water surface elevation of the base flood.
S. 
“Floodplain” or “flood prone area”
means any land area susceptible to being inundated by water from any source. See “flood or flooding.”
T. 
“Floodplain administrator”
means the community official designated by title to administer and enforce the floodplain management regulations.
U. 
“Floodway”
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”
V. 
“Functionally dependent use”
means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.
W. 
“Highest adjacent grade”
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
X. 
“Historic structure”
means any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. 
By an approved state program as determined by the Secretary of the Interior; or
b. 
Directly by the Secretary of the Interior in states without approved programs.
Y. 
“Lowest floor”
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built as to render the structure in violation of the applicable nonelevation design requirements of Section 15.24.230.
Z. 
“Manufactured home”
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
AA. 
“Manufactured home park or subdivision”
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
BB. 
“Mean sea level,”
for purposes of the National Flood Insurance Program, means the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced.
CC. 
“New construction”
means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter and includes any subsequent improvements to such structures.
DD. 
“New manufactured home park or subdivision”
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
EE. 
“Reasonably safe from flooding”
means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, “reasonably safe from flooding” means that the lowest floor is at least two feet above the highest adjacent grade.
FF. 
“Recreational vehicle”
means a vehicle:
1. 
Built on a single chassis;
2. 
Four hundred square feet or less when measured at the largest horizontal projection;
3. 
Designed to be self-propelled or permanently towable by a light duty truck; and
4. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
GG. 
“Start of construction”
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
HH. 
“Structure”
means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
II. 
“Substantial damage”
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.
JJ. 
“Substantial improvement”
means any repair, reconstruction or improvement of a structure, the cost of which exceeds or equals fifty percent of the market value of the construction either:
1. 
Before the improvement or repair is started; or
2. 
If the structure has been damaged and is being restored, before the damage occurred.
This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.
For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1.
Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or
2.
Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”
KK. 
“Variance”
means a grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited by this chapter.
LL. 
“Water dependent”
means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
(Ord. 79-24 § 2, 1979; Ord. 87-20 § 1, 1987; Ord. 2005-27 §§ 1, 2, 2005; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
This chapter applies to all areas of special flood hazards within the jurisdiction of the city of Poulsbo.
(Ord. 79-24 § 3.1, 1979; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Kitsap County and Incorporated Areas,” dated February 3, 2017, and any revisions thereto, with accompanying flood insurance rate maps and any revisions thereto, are adopted by reference and declared to be a part of this section as if set out fully in this section.
(Ord. 79-24 § 3.2, 1979; Ord. 81-30, 1981; Ord. 2005-27 § 3, 2005; Ord. 2010-21 § 1, 2010; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with all terms of this chapter and other applicable regulations.
(Ord. 79-24 § 3.3, 1979; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
This chapter is not intended to repeal, abrogate or impair any existing easement, covenant or deep restriction. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent requirements shall prevail.
(Ord. 79-24 § 3.4, 1979; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
In the interpretation and application of this chapter, all provisions shall be:
A. 
Construed as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed not to limit nor repeal any other powers granted under state statute or city ordinance.
(Ord. 79-24 § 3.5, 1979; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Large floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the area of special flood hazard or uses permitted within such areas will be free from such flooding or flood damage. This chapter shall not create liability on the part of the city of Poulsbo, any officer or employee thereof or the Federal Insurance Administration, for any flood damage that results from reliance on this chapter or an administrative decision lawfully made under this chapter.
(Ord. 79-24 § 3.6, 1979; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)