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								     									ORDINANCE  NO. 	1
<br />      						AN  ORDINANCE  AMENDING  THE  CITY  OF  BATESVILLE  FLOOD
<br />      						HAZARD  PREVENTION  CODE  AND  FOR  OTHER  PURPOSES.
<br />      				WHEREAS,  the  City of  Batesville  on  July  27,  1982,  adopted  an  Ordinance
<br />      			known  as  the  City of  Batesville,  Arkansas,  Flood  Hazard  Prevention  Code,  and;
<br />      				WHEREAS,  there  are  certain  amendments  and  additions  that  are  required  to
<br />      			clarify  the  existing  code,  now;
<br />      				BE  IT THEREFORE  CONSIDERED AND  ORDAINED  that  the  following  additions  are
<br />      			hereby  incorporated  into  the  Flood  Hazard  Prevention  Code  and  made  a  part
<br />      			thereof as  follows:
<br />      			ARTICLE  2  -  DEFINITIONS
<br />      				Article  2 of  said  Flood  Hazard  Prevention  Code  shall  be  amended  to  add
<br />      			the  following  definitions:
<br />      				ELEVATED  BUILDING  --  means  a  nonbasement  building  (i )  built,  in  the  case  of
<br />      			a  building  in  Zones  Al-30,  AE,  A,  A99,  A0,  AH,  B,  C,  X,  and  D,  to  have  the  top
<br />      			of  the  elevated  floor,  or  in  the  case  of  a  building  in  Zones  V1• 30,  VE,  or  V,
<br />      			to  have  the  bottom of  the  lowest  horizontal  structure  member  of  the  elevated
<br />      			floor elevated  above  the  ground  level  by means  of  pilings,  columns  (posts  and
<br />      			piers) ,  or  shear walls  parallel  to  the  floor of  the  water  and  (ii )  adequately
<br />    •   		anchored  so  as  not  to  impair  the  structural  integrity of  the  building  during  a
<br />      			flood  of  up  to  the magnitude  of  the  base  flood.    In  the  case  of  Zones  A1-30,
<br />      			AE,  A,  A99,  AO,  AH,  B,  C,  X,  or  D,  "elevated  building"  also  includes  a  building
<br />      			elevated  by means  of  fill  or  solid  foundation  perimeter -falls  with  openings
<br />      			sufficient  to  facilitate  the  unimpeded movement  of  flood  waters.    In  the  case
<br />      			of  Zones  V1-30,  VE,  or  V,  "elevated  building"  also  includes  a  building  other-
<br />      			wise meeting  the  definition  of  "elevated  building" ,  even  though  the  lower area
<br />      			is  enclosed  by means  of  breakaway walls  if  the  breakaway walls  meet  the  stand-
<br />      			ards  of Section  60. 3(e)(5)  of  the  National  Flood  Insurance  Program  regulations.
<br />      				EXISTING  CONSTRUCTION  -  means  for  the  purpose  of  determining  rates,  struc-
<br />      			tures  for which  the  "start  of  construction"  commenced  before  the  effective  date '
<br />      			of  the  FIRM or  before  January  1,  1975,  for  FIRMS  effective  before  that  date.
<br />      			"Existing  construction"  may also  be  referred  to  as  "existing  structures" .
<br />      				FLOOD  PROTECTION  SYSTEM  -  means  those  physical  structural  works  for which
<br />      			funds  have  been  authorized,  appropriated,  and  expended  and  which  have  been  con-
<br />      			structed  specifically  to  modify  flooding  in  order  to  reduce  the  extent  of  the
<br />      			areas  within  a  community  subject  to  a  "special  flood  hazard"  and  the  extent  of
<br />      			the  depths  of  associated  flooding.    Such  a  system  typically  includes  hurricane
<br />      			tidal  barriers ,  dams,  reservoirs,  levees  or  dikes.    These  specialized  flood
<br />     			modifying  works  are  those  constructed  in  conformance  with  sound  engineering
<br />      			standards.
<br />      				FUNCTIONALLY  DEPENDENT USE  -  means  a  use  which  cannot  perform  its  intended
<br />      			purpose  unless  it  is  located  or  carried  out  in  close  proximity to  water.    The
<br />      			term  includes  only docking  facilities,  port  facilities  that  are  necessary for
<br />      			the  loading  and  unloading  of  cargo  or  passengers,  and  ship  building  and  ship
<br />      			repair  facilities,  but  does  not  include  long-term  storage  or  related  manufact-
<br />    .   		uring  facilities.
<br />      				HABITABLE  FLOOR  -  means  any  floor  usable  for  the  following  purposes ;  which
<br />      			includes  working,  sleeping,  eating,  cooking  or  recreation,  or  a  combination
<br />      			thereof.    A  floor  used  for  storage  purposes  only  is  not  a  "habitable  floor" .
<br />      				NEW CONSTRUCTION  -  means,  for flood  plain  management  purposes,  structures
<br />      			for which  the  "start  of  construction"  commenced  on  or  after  the  effective  date
<br />      			of a  flood  plain  management  regulation  adopted  by  a  community.
<br />      				WATER  SURFACE  ELEVATION  -  means  the  height,  in  relation  to  the  National
<br />      			Geodetic  Vertical  Datum  (NGVD)  of  1929  (or other  datum,  where  specified) ,  of
<br />      			floods  of  various magnitudes  and  frequencies  in  the  flood  plains  of  coastal  or
<br />      			riverine  areas.
<br />     			ARTICLE  5-B  -  PROVISIONS  FOR  FLOOD  HAZARD  REDUCTION,  SPECIFIC  STANDARDS
<br />    •    			Article  5-B of  said  Flood  Hazard  Prevention  Code  shall  be  amended  to  add
<br />      			the  following:
<br />      				ENCLOSURES  -  new  construction  and  substantial  improvements,  with  fully
<br />      			enclosed  areas  below  the  lowest  floor  that  are  subject  to  flooding  shall  be
<br />      			designed  to  automatically equalize  hydrostatic  flood  forces  on  exterior walls
<br />      			by allowing  for  the  entry and  exit  of  floodwaters.    Designs  for meeting  this
<br />      			requirement must either  be  certified  by a  registered  professional  engineer  or
<br />      			architect  or meet  or exceed  the  following  minimum  criteria:
<br />      				a.    A minimum of  two  openings  having  a  total  net  area  of  not  less  than
<br />      			one  square  inch  for every  square  foot  of enclosed  area  subject  to  flooding
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