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 efforts 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 future flood blight areas;

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. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017)

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

A.

Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities;

B.

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

C.

Controlling the alteration of natural flood plains, stream channels, and natural protective barriers that 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 that unnaturally divert floodwaters or may increase flood hazards in other areas.

(Ord. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017)

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 interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.

AREA OF SPECIAL FLOOD HAZARD means the land in the floodplain within a community subject to a one 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 percent chance of being equaled or exceeded in any given year (also referred to as the "one hundred-year flood").

BASE FLOOD ELEVATION (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 sub-grade (below ground level) on all sides.

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.

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.

COASTAL HIGH HAZARD AREA means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.

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, utilities, 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 non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

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).

ESSENTIAL FACILITY means the same 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 the effective date of the adopted floodplain management regulations.

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).

FARMHOUSE means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.

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.

b.

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

c.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)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.

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 paragraph (1)a. of this definition.

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 (FIRM) means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

FLOOD INSURANCE STUDY (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

FLOOD PROOFING 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. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

FLOODPLAIN means any land area susceptible to being inundated by floodwaters from any source.

FLOODPLAIN OR FLOOD PRONE AREA 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 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.

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."

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.

HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC BUILDING OR STRUCTURE means any structure that is:

1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 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.

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 so as to render the structure in violation of the applicable non-elevation design requirements of this chapter (i.e. provided there are adequate flood ventilation openings).

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."

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.

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.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP) means the program of flood insurance coverage and floodplain management administered under the National Flood Insurance Act of 1968 and any amendments to it and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

NATIONAL GEODETIC VERTICAL DATUM (NGVD) means the elevation datum plane, or reference surface, previously used by FEMA for the determination of flood elevations.

NEW CONSTRUCTION means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

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.

NORTH AMERICAN VERTICAL DATUM (NAVD) means the elevation datum plane, or reference surface, currently used by FEMA for the determination of flood elevations.

ONE HUNDRED-YEAR FLOOD OR 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 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.

RECREATIONAL VEHICLE means a vehicle that is:

1)

Built on a single chassis;

2)

Four hundred (400) 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.

SPECIAL FLOOD HAZARD see definition at "area of special flood hazard."

START OF CONSTRUCTION includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. 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 foundations 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, for floodplain management purposes, 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 condition before damage would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT means:

1)

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

a.

Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or

b.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

VARIANCE means a grant of relief by a community from the terms of a floodplain management regulation.

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.

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. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017; Ord. No. 788, § 1(Exh. A), 11-28-2023)

A.

Lands to Which this Chapter Applies and Penalties for Noncompliance.

1.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Town of Coupeville.

2.

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. Violations 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 be subject to enforcement pursuant [to] CTC 16.06.080.

3.

Historic buildings are exempt from NFIP substantial improvement and substantial damage requirements both through the definition of substantial improvement and by application of the variance provisions for historic structures.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study for Island County, Washington and Incorporated Areas" dated February 2, 2007, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs) dated March 7, 2017, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and the FIRM are on file at Coupeville Town Hall. The best available information for flood hazard area identification as outlined in Section 16.45.050.C.2 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 16.45.050.C.2.

C.

Compliance. All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations.

D.

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. Violations 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 ($1,000.00) 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 Town of Coupeville from taking such other lawful action as is necessary to prevent or remedy any violation.

E.

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 chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F.

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

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

G.

Warning 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 Town of Coupeville, 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 hereunder.

H.

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. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017; Ord. No. 788, § 1(Exh. A), 11-28-2023)

A.

Development Permit Required.

1.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 16.45.040.B. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities, all as set forth in Section 16.45.030.

2.

Application for Development Permit. Application for a development permit shall be made on forms furnished by the Town of Coupeville 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 floodproofing criteria in Section 16.45.070.B;

d.

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

e.

Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

f.

Any other such information that may be reasonably required by the floodplain administrator in order to review the application.

B.

Designation of the Floodplain Administrator. The planning director is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

C.

Duties and Responsibilities of the Floodplain Administrator. Duties of the planning official shall include, but not be limited to:

1.

Permit Review.

a.

The permit requirements of this chapter have been satisfied;

b.

All other required state and federal permits have been obtained;

c.

The site is reasonably safe from flooding;

d.

The proposed development is not located in the floodway. If located in the floodway, assure the encroachment provisions of Section 16.45.070.D are met.

e.

Notify FEMA when annexations occur in the special flood hazard area.

2.

Use of Other Base Flood Data (in A and V Zones). When base flood elevation data has not been provided (in A or V zones) in accordance with Section 16.45.040.B, the planning official 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 Sections 16.45.070.B, Specific Standards, and 16.45.070.D, Floodways.

3.

Information to be Obtained and Maintained.

a.

Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in Section 16.45.050C.2, obtain and record the actual (as-built) 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.

b.

Documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones.

c.

For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in Section 16.45.050C.2:

(i)

Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed.

(ii)

Maintain the floodproofing certifications required in Section 16.45.050.A.2.c.

d.

Certification required by Section 16.45.070.D.1, no rise standard.

e.

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

f.

Improvement and damage calculations.

g.

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

4.

Alteration of Watercourses.

a.

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.

b.

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

5.

Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g. 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 Section 16.45.060.

6.

Notification to Other Entities. Whenever a watercourse is to be altered or relocated:

a.

Notify adjacent communities and the department of ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and

b.

Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(Ord. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017; Ord. No. 788, § 1(Exh. A), 11-28-2023)

The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Town of Coupeville to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

A.

Appeals.

1.

The hearing examiner shall hear and decide appeals and requests for variances from the requirements of this chapter.

2.

The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by planning official in the enforcement or administration of this chapter.

3.

Those aggrieved by the decision of the planning director, or any taxpayer, may appeal such decision to the town council, as provided in Section 16.06.060.

4.

In considering variance applications, the hearing examiner 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;

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.

5.

Upon consideration of the factors of Section 16.45.060A.4 and the purposes of this chapter, the town council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

6.

The town council shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

B.

Conditions for Variances.

1.

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided Sections 16.45.050 and 16.45.070 have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

2.

Variances may be issued for the reconstruction, rehabilitation, restoration, or protection of structures listed on the National Register of Historic Places, listed in town code, or listed in the State Inventory of Historic Places, including overwater structures, without regard to the procedures set forth in this section.

3.

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

4.

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

5.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, and is not likely to result in public nuisances.

d.

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 16.45.030 in the definition of "functionally dependent use."

6.

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 Section 16.45.060.B.1 and otherwise complies with Sections 16.45.070.A.1, 16.45.070.A.4, and 16.45.070.A.5 of the general standards.

7.

Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk.

(Ord. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017; Ord. No. 788, § 1(Exh. A), 11-28-2023)

A.

General Standards. In all areas of special flood hazards, the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

b.

All manufactured 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 or frame ties to ground anchors.

2.

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-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

3.

Storage of Materials and Equipment.

a.

The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.

b.

Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

4.

Utilities.

a.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

b.

Water wells shall be located on high ground that is not in the floodway;

c.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

d.

Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

5.

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 or eliminate flood damage;

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;

d.

Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five acres (whichever is less).

6.

Review of Building Permits.

a.

Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source, 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. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.

B.

Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 16.45.040.B, basis for establishing the areas of special flood hazard, or Section 16.45.050.C.2, use of other base flood data, the following provisions are required:

1.

Residential Construction.

a.

In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE. Mechanical equipment and utilities shall be waterproof or elevated least one foot above the BFE.

b.

New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements in Section 16.45.070.E.

c.

New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

d.

New construction and substantial improvement of any residential structure in a V, V1-30, or VE zone shall meet the requirements in Section 16.45.070.H.

e.

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 must meet or exceed the following minimum criteria:

(i)

Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

(ii)

The bottom of all openings shall be no higher than one foot above grade.

(iii)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

(iv)

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.

2.

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection a. or b. below:

a.

New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated least one foot above the BFE, or as required by ASCE 24, whichever is greater.

(i)

If located in an AO zone, the structure shall meet the requirements in Section 16.45.070.E.

(ii)

If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

(iii)

If located in a V, V1-30, or VE zone, the structure shall meet the requirements in Section 16.45.070.H.

(iv)

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)

Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

(2)

The bottom of all openings shall be no higher than one foot above grade.

(3)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

(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.

Alternatively, a registered engineer or architect may design and certify engineered openings.

b.

If the requirements of subsection a. are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

(i)

Be dry flood proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood proofed to the elevation required by ASCE 24, whichever is greater;

(ii)

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

(iii)

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 subsection 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 Section 16.45.050.C.3.b;

(iv)

Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in Section 16.45.070.B.1.b;

Applicants who are flood proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g. a building flood proofed to the base flood level will be rated as one foot below). Flood proofing the building an additional foot will reduce insurance premiums.

3.

Manufactured Homes. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one 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.

4.

Recreational Vehicles. Recreational vehicles placed on sites are required to:

a.

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

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 of Section 16.45.070.B.3 above and the elevation and anchoring requirements for manufactured homes.

5.

Enclosed Areas Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.

6.

Appurtenant Structures (Detached Garages and Small Storage Structures). For A zones (A, AE, A1-30, AH, AO):

a.

Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:

(i)

Use of the appurtenant structure must be limited to parking of vehicles or limited storage;

(ii)

The portions of the appurtenant structure located below the BFE must be built using flood resistant materials;

(iii)

The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;

(iv)

Any machinery or equipment servicing the appurtenant structure must be elevated or flood proofed to or above the BFE;

(v)

The appurtenant structure must comply with floodway encroachment provisions in Section 16.45.070.D.1;

(vi)

The appurtenant structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Section 16.45.070.B.1.e.;

(vii)

The structure shall have low damage potential;

(viii)

If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and

(ix)

The structure shall not be used for human habitation.

b.

Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 16.45.070.B.

c.

Upon completion of the structure, certification that the requirement of this section have been satisfied shall be provided to the floodplain administrator for verification.

C.

AE and A1-30 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 foot at any point within the community.

D.

Floodways. Located within areas of special flood hazard established in Section 16.45.040.B. are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply:

1.

No Rise Standard. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.

2.

Residential Construction in Floodways. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) 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, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the fifty (50) percent.

3.

If Section 16.45.070.D.1. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16.45.070, provisions for flood hazard reduction.

E.

Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

1.

New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).

2.

New construction and substantial improvements of nonresidential structures within AO zones shall either:

a.

Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

b.

Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in Section 16.45.070B.2.c.

3.

Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

4.

Recreational vehicles placed on sites within AO zones on the community's FIRM are required to:

a.

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

b.

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

c.

Meet the requirements of Sections 16.45.070.E.1 and 16.45.070.E.3 and the anchoring requirements for manufactured homes (Section 16.45.070.A.1.b).

F.

General Requirements for Other Development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the state building codes with adopted amendments and any Town of Coupeville amendments, shall:

1.

Be located and constructed to minimize flood damage;

2.

Meet the encroachment limitations of this chapter if located in a regulatory floodway;

3.

Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

4.

Be constructed of flood damage-resistant materials;

5.

Meet the flood opening requirements of Section 16.45.070.B.1.e.; and

6.

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

G.

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-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 feet above BFE or to the height of the five hundred-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 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.

H.

Coastal High Hazard Areas. Located within areas of special flood hazard established in Section 16.45.040B are coastal high hazard areas, designated as zones V1-30, VE and/or V. These areas have special flood hazards associated with high-velocity waters from surges. Therefore, in addition to meeting all other provisions in this chapter, the following provisions shall also apply:

1.

All new construction and substantial improvements in zones V1-30 and VE (V if base flood elevation data is available) on the community's FIRM shall be elevated on pilings and columns so that:

a.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level as shown on the FIRM.

b.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one-percent chance of being equaled or exceeded in any given year (one hundred-year mean recurrence interval).

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Section 16.45.070.I.1.a and b.

2.

Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in zones V1-30, VE, and V on the community's FIRM and whether or not such structures contain a basement. The planning director shall maintain a record of all such information.

3.

All new construction within zones V1-30, VE, and V on the community's FIRM shall be located landward of the reach of mean high tide.

4.

Provide that all new construction and substantial improvements within zones V1-30, VE, and V on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the design proposed meets the following conditions:

a.

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

b.

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (one hundred-year mean recurrence interval).

If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.

5.

Prohibit the use of fill for structural support of buildings within zones V1-30, VE, and V on the community's FIRM.

6.

Prohibit manmade alteration of sand dunes within zones V1-30, VE, and V on the community's FIRM which would increase potential flood damage.

7.

All manufactured homes to be placed or substantially improved within zones V1-30, V, and VE on the community's FIRM on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood shall meet the standards of Sections 16.45.070.G.1 through 16.45.070.G.6. Manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1-30, V, and VE on the FIRM shall meet the requirements of Section 16.45.070.B.3.

8.

Recreational vehicles placed on sites within zones V1-30, V, and VE on the community's FIRM 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 its 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 of Section 16.45.050.A, development permit required, and Sections 16.45.070.G.1 through 16.45.070.G.6.

(Ord. No. 671, § 1(Exh. A), 3-25-2008; Ord. No. 735, § 1, 2-28-2017; Ord. No. 788, § 1(Exh. A), 11-28-2023)