§ 17.11.320. Use and interpretation of FIRMs.

The floodplain administrator shall make interpretations, where needed, as to the exact location of Special Flood Hazard Areas, Floodplain Boundaries, and Floodway Boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(A)

Where field surveyed topography indicates that ground elevations:

(1)

Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of this chapter;

(2)

Are above the base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(B)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.

(C)

Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(D)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(E)

If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

(1)

Upon the issuance of a letter of final determination by FEMA, if the preliminary flood hazard data is more restrictive than the effective data, it shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering this chapter.

(2)

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 17.11.050(c) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(3)

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations, floodplain or floodway boundaries exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(F)

If a dispute arises concerning any district boundary, an initial determination shall be made by the Floodplain Administrator. The applicant aggrieved by this decision may appeal to the Building Board of Appeals within thirty calendar days of the decision. The burden of proof is on the appellant. The appeal shall be accompanied by a nonrefundable fee as established by resolution of the City Council. The Floodplain Administrator shall schedule a hearing within thirty calendar days after the filing of the appeal and shall notify the appellant of the hearing date.

(Ord. No. O-24-12, § I, 7-23-2012; Ord. No. O-5-15 Amended, § I, 4-27-2015)