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17305M 10 M 706 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 1 M 0.0' 707 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. 1 Subsection amended to definition 708 (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 3 MUM V a 709 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 4 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: 5 711 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 6 iM 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. 7 712 19 M 713 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 L 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 0 19 M 714 MOM M M M M M M �. M M M r 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 10 Is M 715 M M • ee e . 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. 11 716 MW ---Iqw ® v- • 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. 12 v 71'7 M M 19 M 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) 13 718 M _ _ M M IBM 715 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 14 m v �_. • ! '� 720 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. 15 M IF M M 0 (2) a M M M 4• 721 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: 16 M _a___________ Iz 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 17