§ 156.004 ESTABLISHMENT OF THE FLOODPLAIN AREA.
   (A)   Identification.
      (1)   The identified floodplain area shall be those areas of the city which are subject to the 100-year flood, as shown on the Flood Insurance Rate Map (FIRM) and described in the Flood Insurance Study (FIS) prepared for the city by the Federal Emergency Management Agency (FEMA) dated April 19, 2010, or the most recent revision thereof.
      (2)   The identified floodplain area shall also be those areas which have been identified as flood hazard areas by the city by use of historic or other technical data and shown on the city’s Local Flood Hazards Map. These areas shall be designated as appropriate with the level of technical data described below and shall be managed accordingly.
   (B)   Description of floodplain areas. The identified floodplain area shall consist of the following four specific areas:
      (1)   The floodway area (F1) shall be those areas identified as such in the FIS and as shown on the FIRM. The term shall also include floodway areas identified in studies required to be used in the approximate areas as discussed below;
      (2)   The floodway fringe area (F2) shall be those areas for which specific 100-year flood elevations have been provided in the FIS, but which lie beyond the floodway area. These areas are shown on the FIRM;
      (3)   The AE area without floodway (F3) shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which 100-year flood elevations have been provided, but no floodway has been delineated; and
      (4)   The approximated area (F4) shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one hundred 100-year flood elevations have been provided.
   (C)   Changes in designation of area.
      (1)   The delineation of the identified floodplain area may be revised by the City Council where natural or human-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual document the necessity for such changes. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
      (2)   A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the community shall notify the NFIP Administrator of the changes by submitting technical or scientific data.
      (3)   The city may identify and regulate new flood hazard or ponding areas. These areas may be delineated on a Local Flood Hazard Map using best available topographic data and locally derived information such as flood of record, historic high water marks, and/or approximate study methodologies.
   (D)   Elevations prevail. If the lowest natural grade adjacent to proposed development within an identified flood hazard area is at or above the base flood elevation specified in the flood insurance study, the structure shall not be required to conform to the flood prevention design and construction standards or flood-related development codes in §§ 156.035 through 156.047. Topographic data certified by a registered professional engineer or licensed professional surveyor shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. The applicant is advised to apply for a letter of map amendment (LOMA) from FEMA to have the special flood hazard area designation removed from the parcel or structure. If the lowest natural grade adjacent to proposed development is below the base flood elevation specified in the Flood Insurance Study, the site shall be considered to be within the floodplain area and the proposed structure shall be required to conform to all appropriate provisions of this chapter.
   (E)   Boundary disputes. Should a dispute concerning any district boundary arise, an initial determination shall be made by the Permit Officer and any party aggrieved by this decision may appeal to the City Council. The burden of proof shall be on the appellant/applicant.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)