Chapter 17.60 FLOODPLAIN MANAGEMENT

The City of Bremerton has the legal authority and responsibility to adopt regulations designed to promote the public health and general welfare of its citizenry pursuant to Article XI, Sections 10 and 11 of the Washington State Constitution and Article III of the Bremerton City Charter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.1, 1979)

17.60.020 FINDINGS OF FACT.

(a) The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.2, 1979)

17.60.030 STATEMENT OF PURPOSE.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a) To protect human life and health;

(b) To minimize expenditure of public money and costly flood control projects;

(c) To minimize the need for rescue and relief effort associated with flooding and generally undertaken at the expense of the general public;

(d) To minimize prolonged business interruptions;

(e) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard;

(f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize blight resulting from future flood;

(g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.3, 1979)

17.60.040 METHODS OF REDUCING FLOOD LOSSES.

In order to accomplish its purposes, this chapter includes methods and provisions:

(a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or in flood heights or velocities;

(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(d) Controlling filling, grading, dredging and other development which may increase flood damage; and

(e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.4, 1979)

17.60.050 DEFINITIONS.

Unless specifically defined below, 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.

"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.

"Appeal" means a request for a review of the City Engineer’s interpretation of any provision of this chapter or a request for a variance.

"Area of special flood hazard" means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."

"ASCE 24" means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

"Base flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year (also referred to as the "one hundred (100) year flood").

"Base flood elevation" or "BFE" means the elevation to which floodwater is anticipated to rise during the base flood.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See "Structure."

"Building Code" means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.

"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.

"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.

"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.

"Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

"Elevation certificate" means the official form (FEMA Form 086-0-33 or as amended) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials.

"Essential facility" has the same meaning as "essential facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.

"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 August 5, 1979, the effective date of the floodplain management regulations adopted by the community.

"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).

"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).

"Flood Insurance Rate Map" or "FIRM" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

"Flood or flooding" means:

(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (b) of this definition 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.

(b) 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 (a) of this definition.

"Floodplain" means any land area susceptible to being inundated by water from any source. See "Flood or flooding."

"Floodplain Administrator" means the community official designated by title to administer and enforce the floodplain management regulations.

"Floodplain management regulations" means the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

"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 a regulatory floodway.

"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 fish hatchery facilities, 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.

"Habitable floor" means any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

(a) 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;

(b) 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;

(c) 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

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior, or

(2) Directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the 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 so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at BMC 17.60.300(b).

"Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailer, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

"New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.

"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 August 5, 1979, the effective date of floodplain management regulations adopted by the community.

One Hundred (100) Year Flood. See "Base flood."

"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 date 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.

"Recreational vehicle" means a vehicle built on a single chassis, that is four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Start of construction" includes substantial improvements, 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 (180) days of the permit date. The "actual start" means 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.

"Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

"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 (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred. 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:

(a) 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 assure safe living conditions; or

(b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"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, including but not limited to fish hatchery facilities.

"Water surface elevation" means the height, in relation to the vertical datum utilized in the applicable flood insurance study, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §1, 2007: Ord. 4103 §51, 1987; Ord. 3544 §2.0, 1979)

17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Bremerton. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.1, 1979)

17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

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 November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The best available information for flood hazard area identification as outlined in BMC 17.60.140(b) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). The Flood Insurance Study is on file at the Bremerton Department of Community Development, 345 6th Street, Suite 600, Bremerton, WA 98337. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5127 §1, 2010: Ord 5123 §1, 2010: Ord. 5020 §2, 2007: Ord. 4965 §2, 2006: Ord. 3544 §3.2, 1979)

17.60.075 COMPLIANCE.

All development within a special flood hazard area is subject to the terms of this chapter and other applicable regulations. (Ord. 5444 §1, 2021)

17.60.080 PENALTIES FOR NONCOMPLIANCE.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §2, 1987; Ord. 3544 §3.3, 1979)

17.60.090 ABROGATION AND GREATER RESTRICTIONS.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.4, 1979)

17.60.100 INTERPRETATION.

In the interpretation and application of this chapter, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.5, 1979)

17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger 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 areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.6, 1979)

17.60.120 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.

A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in BMC 17.60.070. The permit shall be for all structures including mobile homes, as set forth in BMC 17.60.050, and for all other developments including fill and other activities, also as set forth in BMC 17.60.050. Application for floodplain development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(b) Elevation in relation to mean sea level to which any structure has been floodproofed;

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in BMC 17.60.310;

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(e) Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.1, 1979)

17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR.

The City Engineer is appointed to administer and implement this chapter, by granting or denying floodplain development permit applications in accordance with its provisions. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.2, 1979)

17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.

Duties of the City Engineer shall include, but not be limited to:

(a) Floodplain Development Permit Application Review.

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway.

If located in the floodway, assure that the encroachment provisions of BMC 17.60.330(a) are met.

(b) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with BMC 17.60.070, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer BMC 17.60.290, Flood Hazard Protection - Specific Standards, and 17.60.330, Floodways.

(1) Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection (b) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2) For all new or substantially improved floodproofed structures:

(i) Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

(ii) Maintain the floodproofing certifications required in BMC 17.60.120(c).

(3) Records of all variance actions, including justification for their issuance.

(4) Improvement and damage calculations.

(5) Maintain for public inspection all records pertaining to the provisions of this chapter.

(d) Alteration of Watercourses.

(1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(3) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in BMC 17.60.150. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §3, 1987; Ord. 3544 §4.3, 1979)

17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY.

The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(1), 1979)

17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER.

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Engineer in the enforcement or administration of this chapter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(2), 1979)

17.60.170 VARIANCE - APPEAL TO COUNTY COURT.

Those aggrieved by the decision of the City Council or any taxpayer may appeal such decision to the Kitsap County Superior Court, as provided by law. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(3), 1979)

17.60.180 VARIANCE - CONSIDERATIONS.

In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, 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 of the floodwaters and the 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. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(4), 1979)

17.60.190 VARIANCE - LOTS OF ONE-HALF (0.5) ACRE.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (0.5) acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level, providing BMC 17.60.180(a) through (k) have been fully considered. As the lot size increases beyond the one-half (0.5) acre, the technical justification required for issuing the variance increases. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(5), 1979)

17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS.

Upon consideration of the factors of BMC 17.60.180 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(6), 1979)

17.60.210 VARIANCE - RECORDS AND REPORTS.

The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(7), 1979)

17.60.220 VARIANCE - CONDITIONS GENERALLY.

(a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places that 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 without regard to the procedures set forth in the remainder of this section.

(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) 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 as identified in BMC 17.60.180, or conflict with existing local laws or ordinances.

(e) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a 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.

(f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances.

They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(g) 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 this section, and otherwise complies with BMC 17.60.240. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §4.4-2, 1979)

17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS.

In all areas of special flood hazards the standards set out in BMC 17.60.240 through 17.60.280 are required. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5, 1979)

17.60.240 ANCHORING.

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b) All manufactured/mobile homes shall be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame ties to ground anchors. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §3, 2007: Ord. 3544 §5.1-1, 1979)

17.60.250 CONSTRUCTION MATERIALS AND METHODS.

(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c) Electrical, heating, ventilation, plumbing and air-conditioned equipment and other service facilities shall be designed and/or otherwise elevated or located at least one (1) foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4965 §3, 2006: Ord. 4233 §1, 1989; Ord. 3544 §5.1-2, 1979)

17.60.260 UTILITIES.

(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d) Water wells shall be located on high ground that is not in the floodway. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-3, 1979)

17.60.270 SUBDIVISION PROPOSALS.

(a) All subdivision proposals shall be consistent with the need to minimize flood damage.

(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-4, 1979)

17.60.280 REVIEW OF BUILDING PERMITS.

Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (BMC 17.60.140(b)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton’s flood insurance map. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §5.1-5, 1979)

17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through 17.60.320 are required. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5.2, 1979)

17.60.300 RESIDENTIAL CONSTRUCTION.

(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot or more above base flood elevation.

(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two (2) openings have a total net area of not less than one (1) square inch of every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one (1) foot above grade.

(3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

(4) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4965 §4, 2006: Ord. 4103 §5, 1987; Ord. 3544 §5.2-1, 1979)

17.60.310 NONRESIDENTIAL CONSTRUCTION.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one (1) foot or more above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

(a) Be floodproofed so that below one (1) foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in BMC 17.60.140(c)(2).

(d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in BMC 17.60.300(b).

(e) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one (1) foot below that level). (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §4, 2007: Ord. 4965 §5, 2006: Ord. 4233 §2, 1989; Ord. 4103 §7, 1987; Ord. 3544 §5.2-2, 1979)

17.60.315 CRITICAL FACILITY.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) one hundred (100) year floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three (3) feet above BFE or to the height of the five hundred (500) year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into the floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013)

17.60.320 MANUFACTURED/MOBILE HOMES.

All manufactured/mobile homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated one (1) foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007: Ord. 4965 §6, 2006: Ord. 3544 §5.2-3, 1979)

17.60.325 RECREATIONAL VEHICLES.

Recreational vehicles placed on sites in the floodplain are required to either:

(a) Be on the site for fewer than one hundred eighty (180) consecutive days; or

(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(c) Meet the requirements for manufactured/mobile homes as found in BMC 17.60.320. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007)

17.60.330 FLOODWAYS.

Located within areas of special flood hazard established in BMC 17.60.070 are portions of Gorst and Parish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential projectiles, and erosion potential, the following provisions apply:

(a) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

(b) If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of BMC 17.60.230 through 17.60.320;

(1) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and

(2) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the market value of the structure either:

(i) Before the repair or reconstruction is started, or

(ii) If the structure has been damaged, and is being restored before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes which have been identified by the Code Enforcement or Building Official and are the minimum necessary to assure safe living conditions shall not be included in the fifty (50) percent determination in subsection (c)(2) of this section;

(d) Manufactured/mobile homes are prohibited in designated floodways. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §6, 2007: Ord. 4233 §3, 1989; Ord. 3544 §5.3, 1979)

17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS.

In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013)

17.60.350 SEVERABILITY.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 5444 §1, 2021)