1333.24 USE OF PRELIMINARY FLOOD INSURANCE RATE MAP AND/OR FLOOD INSURANCE STUDY DATA.
   (a)   Zone A.
      (1)    Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
      (2)    When all appeals have been resolved and a notice of final flood elevation determination has been provided in a Letter of Final Determination, BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
   (b)   Zones AE, A1-30, AH and AO.
      (1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However:
         A.    Where BFEs increase in a restudied area, the City has the responsibility to ensure that new or substantially improved structures are protected. The City shall reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety and property of citizens are protected.
         B.    Where BFEs decrease, preliminary FIS or FIRM data shall not be used to regulate floodplain development until the Letter of Final Determination has been issued or until all appeals have been resolved.
      (2)    If a preliminary FIRM or FIS has designated floodways where none had previously existed, the city shall reasonably utilize the data in lieu of applying the encroachment performance standard of these regulations.
   (c)    Zones B, C, and X.
      (1)    Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, AO, VE, of V1-30. The City shall reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety and property of citizens are protected.
         (Ord. 8289. Passed 3-2-21.)