The city council shall decide appeals and requests for variances from the requirements of this chapter. The city council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. All appeals must be brought by filing a written notice of appeal with the city council within fourteen days of the engineer’s decision. Any appeal not brought within this time period is barred.
(Ord. 79-24 § 4.4, 1979. Formerly 15.24.270; Ord. 87-20 § 14, 1987; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
In passing upon applications for variances from the requirements of this chapter, the city council shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and:
A. 
The danger that materials may be swept onto other lands to the injury of others;
B. 
The danger to life and property due to flooding or erosion damage;
C. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. 
The importance of the services provided by the proposed facility to the community;
E. 
The necessity to the facility of a waterfront location, where applicable;
F. 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
G. 
The compatibility of the proposed use with existing and anticipated development;
H. 
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
I. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
J. 
The expected heights, velocity, duration, rate of rise, and sediment transport from the floodwaters and effects of wave action, if applicable, expected at the site; and
K. 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(Ord. 79-24 § 4.4-1(1), 1979. Formerly 15.24.280; Ord. 87-20 § 15, 1987; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
A. 
Variances from the elevation standards set forth in this chapter will generally be limited to new construction and substantial improvements which are to be erected on a lot of one-half acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level; provided, that the requirements of Section 15.24.300 are met.
B. 
Variances shall pertain to a physical piece of property. Variances are not personal in nature and do not pertain to the structure, its inhabitants, its economic or financial circumstances. Variances shall primarily address small lots in densely populated residential neighborhoods.
C. 
Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except those of subsection A of this section, and otherwise complies with Sections 15.24.170 and 15.24.180.
D. 
Variances may be issued for the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
E. 
Variances may be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
F. 
Variances may be issued upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 15.24.020 in the definition of “functionally dependent use.”
(Ord. 87-20 § 16, 1987. Formerly 15.24.285; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Upon consideration of the factors in Section 15.24.300 and the purpose of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
(Ord. 79-24 § 4.4-1(2), 1979. Formerly 15.24.290; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
The city engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Ord. 79-24 § 4.4-1(3), 1979. Formerly 15.24.300; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. 79-24 § 4.4-2(2), 1979. Formerly 15.24.320; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(Ord. 79-24 § 4.4-2(3), 1979. Formerly 15.24.330; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Variances shall only be issued upon:
A. 
Showing of a good and sufficient cause;
B. 
Determination that failure to grant the variance would result in exceptional hardship to the applicants; and
C. 
A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(Ord. 79-24 § 4.4-2(4), 1979. Formerly 15.24.340; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Any applicant 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.
(Ord. 79-24 § 4.4-2(5), 1979. Formerly 15.24.350; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
Any appeal from the decision of the city council on any variance shall be made by filing an appropriate action in Kitsap County superior court within ten days after final action is taken by the council.
(Ord. 87-20 § 17, 1987. Formerly 15.24.355; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
A. 
Any person, firm or corporation violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any amount not to exceed five thousand dollars or by imprisonment for a term not to exceed one year, or both such fine and imprisonment.
B. 
Every person, firm or corporation is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, firm or corporation, and is punishable accordingly.
C. 
In addition to the penalties in subsections A and B of this section, the city may, in its discretion, commence a civil action to compel compliance with the provisions of this chapter in either the Poulsbo municipal court or the Kitsap County superior court. In addition, any violation or failure to comply with any provision of this chapter shall constitute a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
(Ord. 79-24 § 6, 1979 Formerly 15.24.360; Ord. 87-20 § 18, 1987; Ord. 2017-05 § 2 (Att. A (part)), 2017; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)
If any section, clause, sentence or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
(Ord. 2017-05 § 2 (Att. A (part)), 2017. Formerly 15.24.370; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2022-12 § 2 (Att. A), 2022)