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ORDINANCE NO. 17,305
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS
PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES,
DEFINITIONS, LAND USE REGULATIONS AND FOR OTHER
PURPOSES.
WHEREAS, it has been determined by the Little Rock
Planning Commission that an annual review of this Chapter is
appropriate; and
WHEREAS, the Planning Commission has determined several
modifications are appropriate at this time
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That various provisions of Chapter 36 be
amended as follows:
Subsection (a) That Chapter 36., Section 36-
156.(a)(2)(a) be amended to provide for modification of
the last sentence of the first paragraph to read ten
(10%) percent and to then read as follows:
(a) Every part of a required yard, except as provided
herein, shall be open from its lowest point to the sky
unobstructed, except for the ordinary projection of
sills, cornices, buttresses, ornamental features, and
eaves, provided, however, that none of the above
projections shall project into a minimum side yard more
than thirty (30) inches. This shall be deemed to
include chimneys or similar structural elements which
are a permanent feature of a building. The planning
director shall have specific authority to grant a
variance from this provision provided the encroachment
will not extend into a required yard setback more than
ten (10 %) percent of the ordinance requirement.
For purposes of construction of ramps or other devices
within a required setback area, enabling access for the
disabled, the following shall apply: Applications for
building permits shall be reviewed by city staff. Staff
shall assure that proposed construction meets standards
set forth within the traffic code and does not impact
access or visibility for adjoining property. Staff
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shall in all instances assure compliance with the
Americans with Disabilities Act.
Subsection (b) That Chapter 36., Section 36-
156.(8)(2)(c) be amended to provide for modification of
the last sentence to read ten (10 %) percent and to then
read as follows:
(c) Accessory buildings or structures in the R -1 through R-
4 districts shall not be located closer than sixty (60)
feet to the front property line, fifteen (15) feet from
a street side line and may not occupy more than thirty
(30) percent of the required rear yard area. Accessory
buildings or structures shall in all instances be
subordinate to the principal structure on the lot and
contain less gross floor area. Accessory dwellings
shall not exceed the permitted land coverage allowed by
the district regulations. Swimming pools and all
appurtenant structures both above ground and below
grade of adjacent yard area shall be construed to be
accessory structures and conform to the standards of
this section. The planning director may authorize the
encroachment of structures into a required yard setback
except when more than one (1) encroachment is proposed.
The encroachment shall be limited to ten (10%) percent.
Subsection (c) That Chapter 36., Section 36- 128.(b) be
amended to provide for modification of the language and
to then read as follows:
(b) The city planning department, the subdivision committee
and the planning commission shall review site plans
prior to the issuance of a building permit. At that
time, the plan will be assessed for compatibility with
standards and criteria provided herein. Public review
of a site plan proposal shall take place at regularly
scheduled meetings at which time interested persons may
appear and offer information in support of or against
the proposed site plan. The city planning department
shall make recommendations on each plan submitted. The
subdivision committee shall review each plan and pass
the request to the full commission adding any comment
determined necessary to expediting the hearing on the
application.
The commission may either approve the site plan with
modifications as necessary, defer the site plan or deny
the site plan.
Subsection (d) That Chapter 36., Section 36 -5.(7) be
amended to provide for deletion of item f. in its
entirety.
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(e) That Chapter 36., Section 36 -3. be
provide for the introduction of a new
to read as follows:
Recycling facility, materials recycling facility (MRF)
means a facility for the receiving, sorting and
processing of recyclable materials for reuse. This use
receives metal, glass, paper or other recyclable
materials typically collected by recycling programs of
government or private business. This use processing
and ships the materials to industry or businesses
involved in reuse. This definition expressly excludes
the receiving or processing of vehicles, building
materials, petroleum products or flammable liquids.
Enclosure of use required except as may be authorized
by the zoning district.
Subsection (f) That Chapter 36., Section 36- 319.(c)(2)
be amended to provide for the inclusion of a new
conditional use to be item h. and the serial
restructure of items a. through i. accordingly. The
conditional use to read as:
(h) Recycling facility (MRF)
Subsection (g) That Chapter 36., Section 36- 320.(c)(1)
be amended to provide for the insertion of a new
permitted use to be item yy. and the serial
restructuring of items a. through kkk. accordingly.
The new permitted use to read as:
(yy) Recycling facility (MRF)
Subsection (h) That Chapter 36., Section 36- 320.(c)(2)
be amended to provide for the insertion of a new
conditional use to be item f. and the serial
restructuring of items a. through j. accordingly. The
conditional use to read as:
(f) Recycling facility (MRF) outside
Subsection (i) That Chapter 36., Section 36- 321.(c)(1)
be amended to provide for the insertion of a new
permitted use to be item i. and the serial
restructuring of items a. through k. accordingly. The
permitted use to read as:
(i) Recycling facility (MRF) outside
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Subsection (j) That Chapter 36., Section 36- 321.(c)(2)
be amended to provide for modification of the listing
to delete item 1. entirely and insert in its place a
new conditional use to read as follows:
(1) Other conditional uses listed in the 1 -2 district.
Subsection (k) That Chapter 36., Section 36- 298.(5) be
amended to provide for modification of the language.
The paragraph to then read as follows:
(5) Residential uses which are clearly incidental to the
primary use are allowed. This use shall not occupy a
floor area in excess of the gross floor area devoted to
a business use in the principal structure on the
property. This use shall in all instances be located
in the principal structure with the use served.
Subsection (1) That Chapter 36., Section 36 -405. be
amended to provide for modification of the language to
change review authority and the elimination of the last
sentence. The paragraph to then read as follows:
Sec. 36 -405. Conditional use permit.
A conditional use permit may be granted by the planning
commission upon written application from the property
owner or an authorized agent and after submission of a
site development plan. in granting a conditional use
permit, the planning commission shall impose such
requirements and conditions, including bulk and area
requirements, in addition to those expressly stipulated
in this article for the particular use, as deemed
necessary for the protection of adjacent properties and
the public interest. The commission should be
cognizant of the intent of section 36 -414.
Subsection (m) That Chapter 36., Section 36 -3. be
amended to provide for additional language in the
definition of studio by addition of a new sentence at
the end of the paragraph and to then read as follows:
Studio (art, music, speech, drama, dance or other
artistic endeavors) means a facility for instruction,
counseling or coaching in the arts, and for the
development of personal skills or talents. This
includes but is not limited to graphic, performing and
literary arts. This activity is expressly limited to
instruction, counseling or coaching.
Subsection (n) That Chapter 36., Section 36 -3. be
amended to provide for additional language in the
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definition of "amusement, commercial inside" by 710
addition of a new sentence at the end of the paragraph
and to then read as follows:
Amusement, commercial (inside) means an amusement
enterprise wholly enclosed in a building, including,
but not limited to, a bowling alley, billiard parlor,
or a facility intended for dancing whether or not a fee
is charged for admittance.
Subsection (o) That Chapter 36., Section 36 -3. be
amended to provide for additional language in the
definition of "bar, lounge or tavern" by addition of a
new sentence at the end of the paragraph and to then
read as follows:
Bar, lounge or tavern means an establishment, the
primary activity of which is the sale and consumption
on the premises of beer, wine or other alcoholic
beverages, and where any food service is secondary to
the sale of beer, wine or other alcoholic beverages.
This use may include a facility for dancing.
Subsection (p) That Chapter 36., Section 36 -3. be
amended to provide for the introduction of new language
in the definition "Antique Shop" and to then read as
follows:
Antique shop without repair means an establishment
offering for sale articles such as glass, china,
furniture or similar furnishing or decorations which
have value and significance as a result of age, design
or sentiment. No refinishing, repair or upholstery
work permitted.
Subsection (q) That Chapter 36., Section 36 -3. be
amended to provide for the introduction of a new
definition to read as follows:
Antique shop with repair means an establishment
offering for sale articles such as glass, china,
furniture or similar furnishing or decorations which
have value and significance as a result of age, design
or sentiment. This use shall include as an ancillary
activity, the refinishing, repair or reupholstery of
furniture or other antiques sold or displayed for sale
on the premises. Enclosure of use required. Limited
to ten (10) percent of gross floor area.
Subsection (r) That Chapter 36., Section 36-
299.(c)(1)a. be amended to provide for addition of
language and to then read as follows:
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a. Antique shop, without repair
Subsection (s) That Chapter 36., Section 36-
300.(c)(1)(d) be amended for addition of language and
to then read as follows:
d. Antique shop, with repair
Subsection (t) That Chapter 36., Section 36-
301.(c)(1)(c) be amended to provide for addition of
language and to then read as follows:
C. Antique shop, with repair
Subsection (u) That Chapter 36., Section 36 -3. be
amended to provide for the modification of the
definition "upholstery shop" and to then read as
follows:
Upholstery shop, auto means a
facility which performs repair or
replacement of automobile coverings,
fabric, springs and padding. This use
shall be totally enclosed.
Subsection (v) That Chapter 36., Section 36 -3. be
amended to provide for the introduction of a new
definition to read as follows:
Upholstery shop, furniture means a facility which
performs repair or replacement of furniture coverings,
fabric, springs and padding. This use shall be
totally enclosed with all wood or material stains,
paints or stripping processes in conformance with
building and fire codes.
Subsection (w) That Chapter 36., Section 36-
299.(c)(2)(u) be amended to provide for modification of
the language and to then read as follows:
U. Upholstery shop, furniture
Subsection (x) That Chapter 36., Section 36- 301.(c)(2)
be amended to provide for the modification of the
current listing "x. upholstery shop" and to introduce
a new listing to be "y. upholstery shop, auto" and
both to then read as follows:
X. upholstery shop, furniture
Y- Upholstery shop, auto
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Subsection (y) That Chapter 36., Section 36- 302.(c)(1)
be amended to provide for modification of the current
listing "uu. upholstery shop "; to introduce a new
listing to be "vv. upholstery shop, auto "; to reassign
current item "vv." as "ww.", to then read as follows:
uu. Upholstery shop, furniture
VV. Upholstery shop, auto
WW. Parking, commercial lot or garage
Subsection (z) That Chapter 36., Section 36- 320.(c)(2)
be amended to provide for modification of the current
listing "i. upholstery shop "; to introduce a new
listing to be "j. upholstery shop, auto "; to reassign
the current listing "j" as "k ", and to then read as
follows:
i. Upholstery shop, furniture
j. upholstery shop, auto
k. Hazardous or medical waste disposal facility
Subsection (aa) That Chapter 36., Section 36 -105. be
amended to provide for modification of language and to
then read as follows:
Section 36 -105. Site plan review.
The subdivision committee of the planning commission
shall review the conditional use along with staff
recommendations for approval, approval with
modifications, deferral or denial. The committee shall
pass each plan to the full commission for final action
with any comments determined necessary to expedite the
plan.
Subsection (bb) That Chapter 36., Section 36 -131.
standards for site plan disapproval be deleted in its
entirety and Section 36 -131. be retained as "reserved ".
Subsection (cc) That Chapter 36., Section 36- 512.(b) be
amended to provide for the inclusion of a new numbered
item to be (8) and to read as follows:
(8) Street sweepers and vehicle mounted vacuum devices
intended for the cleaning of streets or parking lots.
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Subsection (dd) That Chapter 36., Section 36 -3. be
amended to provide for the introduction of a new
definition to be "street sweepers and vehicle mounted
vacuum devices" and to read as follows:
Street sweepers and vehicle mounted vacuum devices
means self - propelled or towed mechanical systems that
are utilized for vacuuming or sweeping dirt, trash or
other debris from parking and drive surfaces. This
includes but is not limited to parking and loading
areas, driveways, streets public and private or other
areas devoted to vehicle use.
Subsection (ee) That Chapter 36., Section 36- 321.(c)(1)
be amended to provide for the inclusion of a new
permitted use within the 11I -3 Industrial District" to
be item 1. and to read as follows:
1. Tire retreading or recapping
Subsection (ff) That Chapter 36., Section 36- 320.(c)(2)
be amended to provide for the inclusion of a new
conditional use to be included within the 111-2 Light
Industrial" district, to be "tire retreading and
recapping" and alphabetically listed as appropriate.
Subsection (gg) That Chapter 36., Section 36 -3 be
amended to provide for the inclusion of a new
definition to be "tire retreading or recapping" and to
read as follows:
Tire retreading or recapping means the installation of a new
tread or wear surface on a vehicle tire carcass by
cementing, molding, vulcanizing or other mechanical or
chemical means. This use must be totally enclosed.
Subsection (hh) That Chapter 36., Section 36- 454.(d) be
relettered to (e) and a new paragraph, lettered (d),
shall read as follows:
The owner of an approved PD or PIID may, for cause, request
repeal of the ordinance establishing the development when
it has been determined that the development will not occur.
A written request may be filed with the City Clerk at any
time up to three (3) years after the date of adoption of
the ordinance creating the PIID or PD. The request shall be
addressed to the mayor and Board of Directors, setting forth
the cause of the repeal.
The request shall be set for a public hearing at the
earliest possible time to expedite the required action. The
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owner of the subject PD or PUD zoned land shall provide
notice of hearing to property owners within 200 feet as
required for the initial planning commission hearing.
Notice to others as required by bylaw or policy shall be
provided by city staff and signs shall be posted.
Subsection (ii) That Chapter 36., Section 36 -201. be
amended to provide for modification of the language in
paragraph (f) and to then read as:
(f) •Same -- Exceptions. The board of adjustment may grant a
waiver of these height limitations upon application
duly filed therewith complying in all respects with the
rules and regulations of the board of zoning
adjustment. The height restrictions set forth in
paragraph (e) of this section shall in all instances
supersede the building height limits set forth in the
various zoning districts.
Subsection (jj) That Chapter 36., Section 36- 85.(e) be
amended to provide for correction of the language in
the first sentence to remove "require" and insert
"review" and to then read:
(e) If it is determined in the course of review of an
amendment that certain conditions requested by the
applicant may be appropriate in order to effect a
change in zoning of the property, of the application
may be amended. In such cases, the planning commission
or the board of directors shall determine the need for
deferral of the application for further notice or
review of the design elements to be incorporated into
the ordinance reclassifying the property.
Subsection (kk) That Chapter 36., Section 36- 54.(e)(3)
be amended to provide for modification of the language
in item (3)b. which will then read as follows:
b. must be operated within licensing procedures
established by the State of Arkansas. State
regulations shall control the number of employees
residing off premise.
Subsection (11) That Chapter 36., Section 36- 454.(d) be
amended to provide for modification of the language in
the first paragraph of 36- 454.(d) and to then read as
follows:
(d) Final development plan. The applicant shall have three
(3) years from the date of passage of the ordinance
approving the preliminary plan to submit the final
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development plan. Requests for extensions of time
shall be submitted in writing to the planning
commission which may grant extensions of not more than
three (3) years.
Subsection (mm) That Chapter 36, Section 36- 454.(d),
newly relettered to (e), be amended to provide for the
modification of the fourth and fifth paragraphs, for
purposes of moving the last sentence of the fifth
paragraph to become the first sentence of the fourth
paragraph, to then read as follows:
The burden is on the applicant to justify any variation
between the approved preliminary plan and the final plan.
The final plan shall be deemed to be in substantial
compliance with the preliminary plan provided the plan does
not:
(1) Increase proposed floor area for nonresidential use
more than five (5) percent.
(2) Increase total building coverage more than five (5)
percent.
(3) Increase building height more than five (5) percent.
(4) Increase total number of dwelling units more than five
(5) percent within a given phase. Fluctuation greater
than the above shall be permitted, provided overall
density is maintained as determined by staff.
No public hearing is necessary to consider modifications on
location and design of streets or facilities for water,
stormwater, sanitary sewers, or other public facilities
required as a condition of approval of the preliminary
plan.
Subsection (nn) That Chapter 36., Section 36- 460.(8) be
amended to provide for modification of the language in
the third sentence, the paragraph to then read as
follows:
(g) Screening and landscaping. in order to enhance
the integrity and attractiveness of the development,
and when deemed necessary to protect adjacent
properties, the planning commission shall require
landscaping and screening as a part of a PUD or PD.
The nature and extent of screening and landscaping
required shall be determined by the planning commission
in relation to the overall character of the development
and its specific location. In no instance shall the
gross land area devoted to landscaping be less than
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that required by Chapter 15, Article IV. This shall
especially apply to PUD or PD projects where a change
to a more intense use is proposed and there are
existing buildings and improvements. As part of the
final development plan, a detailed screening and
landscaping plan shall be submitted to the planning
commission. Landscape plans shall slow the general
location, type and quality (size and age) of plant
material. Screening plans shall include typical
details of fences, berms and plant material to be used.
Existing trees shall be preserved whenever possible.
The location of trees shall be considered when planning
the common open space, location of buildings,
underground services, walks, paved area, playgrounds,
parking areas, and finished grade levels.
Subsection (oo) That Chapter 36., Section 36- 462.(c) be
amended to provide for modification of language in the
last paragraph. The paragraph to then read as follows:
Applicants may choose to submit a staged development
incorporating an incremental final plan for certain
areas of the entire ownership. The staging shall
closely follow that authorized by the adopting
ordinance. Modification is permitted as set forth in
Section 36 -461.
The filing of a staging program of development shall
include a boundary survey or other graphic information
suitable to identify the entire ownership.
Subsection (pp) That Chapter 36., Section 36- 462.(d) be
amended to provide for modification of the language in
paragraph three (3) of (d)(2). The paragraph to then
read as follows:
In order to enhance the integrity and attractiveness of
the development, and when deemed necessary to protect
adjacent properties, the planning commission shall
require landscaping and screening as a part of a
development. The nature and extent of screening and
landscaping required shall be determined by the
planning commission in relation to the overall
character of the development and its specific location.
In no instance shall the gross land area devoted to
landscaping be less than that required by Chapter 15,
Article IV. This shall especially apply to projects
where a change to a more intense use is proposed and
there are existing buildings and improvements.
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Subsection (qq) That Chapter 36., Section 36- 454.(d),
newly relettered (e), be amended to provide for the
insertion of a new paragraph following the text of the
existing language and to read as follows:
Building permits may be issued following approval of
the final plan and proper recording of plan and plat
components. Time constraints on building permits are
set forth in Section 103.6 of the Standard Building
Code.
Subsection (rr) That Chapter 36., Section 36- 454(a) be
amended to provide for the deletion of item (a)(3) and
the last paragraph, retaining paragraphs numbered (1),
(2), and adding a third paragraph to then read as
follows:
(a) Generally. The application procedure shall consist of
two (2) phases:
(1) A preapplication conference with the planning staff.
(2) A preliminary development plan reviewed by the planning
commission and approved by the board of directors. For
purposes of this article, a preliminary or final plan
shall also include a plat when required by chapter 31
of this code.
(3) No building permit for any portion of the PUD or PD
shall be issued until the final development plan is
approved and filed of record.
Subsection (ss) That Chapter 36., Section 36- 454(c) be
amended for purposes of adding new language to the
fourth paragraph and to then read as follows:
If the preliminary plan is approved by the planning
commission, it will be forwarded to the board of directors
for their review. The board of directors may grant or deny
as submitted or as amended, defer for requested changes or
more information, or return the application to the planning
commission for further study. The board shall not consider
an application that has been modified by the applicant to a
design other than that reviewed by the commission. The
board may direct the planning commission to reconsider
specific aspects of the preliminary plan. If the
preliminary plan is approved, an ordinance shall be prepared
which incorporates the plan or conditions.
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Subsection (tt) That Chapter 36., Section 36- 458(a)(1)
and (2) be amended to provide for modification of the :•
language and to then read as follows:
(1) If the applicant has not submitted a final development
plan to the staff as provided in this article. Where
an optional staged development plan is utilized, the
board may revoke the entire preliminary plan or may
revoke only that stage on which a final plan has not
been submitted and approved.
(2) If no building permit has been issued within the time
allowed.
Subsection (uu) That Chapter 36., Section 36- 460(f) be
amended for purposes of deletion of the second
sentence. The paragraph to then read as follows:
(f) Building height. There shall be no maximum building
height except as may be determined by the planning
commission during the review of the preliminary
development plan based on the uses within the
development and the proximity of the development to
existing or prospective development on adjacent
properties. A lesser height may be established by the
planning commission when it is deemed necessary to
provide adequate light and air to adjacent property and
to protect the visual quality of the community.
Subsection (vv) That Chapter 36., Section 36 -452. be
amended to provide for the deletion of the last
sentence of the first paragraph, the paragraph to then
read:
In addition to zoning districts established elsewhere in
this chapter, the following planned zoning districts are
established and shall be designated on the official zoning
map upon application of the owner or authorized agent and
approval of the preliminary plan by the board of directors.
Subsection (ww) That Chapter 36., Section 36-
452.(2)(b)(1) be amended to provide for modification of
use listing to add language, and to then read:
1. Office (general and professional)
Subsection (xx) That Chapter 36., Section 36-
452.(3)(b)(3) be amended to provide for modification of
use listing to add language and to then read:
3. Office (general and professional)
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Subsection (yy) That Chapter 36., Section 36- 453.(d) be
amended to provide for modification of language and to
then read as follows:
(d) Staging. While this article encourages submission of
comprehensively planned development proposals of entire
ownerships, a preliminary plan need not cover the
entire property owned by the applicant. Applicants may
choose to submit a staged development by
incorporating an incremental final plan for certain
areas of the entire ownership. A staged development
plan shall include a boundary survey of the entire
ownership. Preliminary information on streets, drainage
and other physical plan elements shall be shown on the
plan.
The applicant shall adhere to the approved development
schedule for the staged submission of the final plan.
The applicant may submit a written request for
extension of time from the planning commission. The
planning commission may grant a maximum of two (2) one-
year extensions upon demonstration of good cause by
the applicant. Additional extensions shall require
approval of the board of directors.
Subsection (zz) That Chapter 36., Section 36- 300.(c)(1)
be amended to provide for the inclusion of a new
permitted use to be included within the C -2 Shopping
Center District, to be "studio broadcasting and
recording" and alphabetically listed as appropriate.
Subsection (aaa) That Chapter 36., Section 36-
301.(c)(1) be amended to provide for the inclusion of a
new permitted use to be included within the C -3 General
Commercial District, to be "studio broadcasting and
recording" and alphabetically listed as appropriate.
Subsection (bbb) That Chapter 36., Section 36-
320.(c)(1) be amended to provide for a new permitted
use to be included within the 1 -2 Light Industrial
District, to be "feed store ", and alphabetically listed
as appropriate.
Subsection (ccc) That Chapter 36., Section 36 -201 be
amended to enlarge the definition of towers and to
otherwise modify the language to then read as follows:
Section 36 -201. Broadcast media and wireless
communication towers.
(a) Definition. In this section "tower" means any
mast, brace, or other structure used for the support
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of radio , television, broadcast media or wireless
communication antennas.
(b) Building code applicable. No provision of this
section shall be construed so as to relieve compliance
with all other requirements of the building code.
(c) Permits. No person shall construct, erect or
install any tower without first obtaining a permit
therefor from the planning department or public works
department, which permit shall be granted pursuant to
the provisions of this section. No permit shall be
issued for the erection of a tower which would in any
way constitute a hazard to air travel as recommended or
required by the federal government. A building permit
shall be required for the construction of all towers
except that no permit shall be required for the
erection of any tower which is:
(1) Constructed of steel or other metal which is less
than twenty -five (25) feet in height above the
adjacent ground.
(2) Constructed of steel or other metal which is less
than fifteen (15) feet above the roofline of the
building on which the same shall be mounted.
(3) Constructed of wood, the construction of which is
permitted under the provisions of this section.
A permit fee shall be charged for the erection of
towers in accordance with the building code.
(d) Specifications and plans. All towers shall
be erected in strict accordance with the manufacturer's
specifications for erection, or in the event there are
no manufacturer's specifications for erection of the
towers, they shall be erected in accordance with plans
and specifications prepared by a registered
professional engineer. The manufacturer's
specifications or plans and specifications prepared by
said registered professional engineer shall be filed
with that department designated by the City Manager
prior to the issuance of the permit for the erection of
the towers.
(e) Height restrictions -- Generally.
(1) Ground- mounted towers.
a. No steel or other metal ground- mounted tower shall
exceed seventy -five (75) feet in height above
adjacent ground.
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No wood- mounted tower shall exceed twenty (20)
feet in height above the adjacent ground.
Roof - mounted towers.
No steel or other metal tower mounted on the roof
of any commercial or industrial building shall
exceed fifty (50) feet in height above the roof
line of the building on which the same is mounted.
b. No steel- or metal tower- mounted on the roof of
any residential building shall exceed twenty -five
(25) feet in height above the roof line of the
building on which the same is mounted.
C. No wood roof - mounted tower shall exceed twenty
(20) feet in height above the adjacent ground.
(f) Same -- Exceptions. The board of adjustment may
grant a waiver of these height limitations upon proper
application .
(g) Inspections. No person shall pour or otherwise
construct any foundation, footing or pad for any tower
for which a permit is required without first notifying
the city building inspector and obtaining approval of
the excavation or ditch in which the foundation,
footing or pad will be poured or otherwise
constructed. The building inspector shall inspect or
cause to be inspected all towers for which a permit is
required. Two (2) inspections shall be made . A
foundation excavation inspection shall be made by the
building inspector within twenty -four (24) hours after
being notified by the permittee that the excavation or
ditch in which the foundation, footing or pad for the
support of a tower is about to be poured. Final
inspection shall be made by the building inspector upon
completion of construction. The permittee shall notify
the building inspector within twenty -four (24) hours
after completion.
(h) Guide wire. If guying is used on any tower all
such guying shall be within the limits of the property
of the person erecting such tower unless the written
consent of the person upon whose land such guying
extends allowing the guying to be anchored upon his
land is filed with the city engineer.
Subsection (ddd) That Chapter 36., Section 36 -406 be
amended to delete subsection (c), retaining subsections
(a) and (b) and to then read as follows:
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Section 36 -406. Planned development.
(a) A planned development is an area of land
controlled by a landowner to be developed as a single
entity, the plan for which does not conform in every
respect with the regulations relating to permitted
uses, lot area, lot widths, lot coverage, yards, open
space, bulk of buildings, or improvements established
elsewhere in this article for the district in which
such land is located.
(b) To qualify as a planned development, the land
must be a tract:
(1) which is under single ownership; and
(2) for which an application has been properly filed
with the planning commission.
(c) Planned developments are authorized to be
established in the following districts: high density
residential; medium density residential; neighborhood
commercial; and public and institutional. Planned
developments may be granted by the city board of directors
subsequent to a public hearing and a recommenation from the
planning commission.
SECTION 2. That this Ordinance take effect thirty (30)
days from and after its passage.
PASSED: November 7, 1996
ATTEST:
APPROVED:
�t1�t�islLL9�- uenrt.vi C�/
City Clerk Robbie Hancock May $,r Jim Dailey
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