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17774I ORDINANCE NO. 17,774 , 6 3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE LITTLE 4 ROCK, ARKANSAS REVISED CODE TO MODIFY LANGUAGE 5 WITHIN SECTION 36 -201 FOR PURPOSES OF DELETING 6 WIRELESS COMMUNICATION FACILITIES FROM 7 REGULATION UNDER THAT SECTION, AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, on January 20, 1998, the Board of Directors passed Little Rock, Ark. 11 Ordinance No. 17,664, a comprehensive siting regulation for wireless communications facilities 12 (WCF); and 13 WHEREAS, WCF had been included in the regulations of broadcast media towers under 14 Little Rock, Ark. Rev. Code Sec. 36 -201 (1988) (hereinafter called "LRC "); and 15 WHEREAS, it is necessary to delete WCF from the provisions of LRC Sec. 36 -201. 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 17 THE CITY OF LITTLE ROCK, ARKANSAS: 18 SECTION 1. Chapter 36, Section 36 -201 of Little Rock, Ark. Rev. Code (1988) is hereby 19 amended to read as follows: 20 See. 36 -201. Broadcast Media and Amateur Radio Towers. 21 (a) Definition. In this section "tower" means any mast, brace, or other structure 22 used for the support of amateur radio, radio, television or broadcast media, 23 specifically exempting wireless communication facilities. 24 b) Building code applicable. No provision of this section shall be construed so 25 as to relieve compliance with all other requirements of the building code. 26 (c) Permits. It is unlawful to construct, erect or install any tower without first obtaining 27 a permit therefor. The permit shall be granted pursuant to the provisions of this section. No 28 permit shall be issued for the erection of a tower which will in any way constitute a hazard A 1 to air travel as recommended or required by the federal government. A building permit shal? 6'5 2 be required for the construction of all towers except for erection of any tower which is: 3 (1) Constructed of steel or other metal which is less than twenty -five (25) feet in 4 height above the adjacent ground; 5 (2) Constructed of steel or other metal which is less than fifteen (15) feet above 6 the roof line of the building on which it is mounted; 7 (3) Constructed of wood under the provisions of this section. 8 A permit fee shall be charged for the erection of towers as provided by ordinance.. 9 (d) Specifications acrd plans. All towers shall be erected in strict compliance with 10 the manufacturer's specifications for construction, or in the event there are no manufacturer's 11 specifications, towers shall be constructed in accordance with plans and specifications 12 prepared by a registered professional engineer licensed in the State of Arkansas. The 13 manufacturer's specifications or plans and specifications prepared by the registered 14 professional engineer shall be filed with the City prior to the issuance of the building permit. 15 (e) Height Restrictions - - -- Generally. 16 (1) Ground - mounted towers. 17 a. No steel or other metal ground- mounted tower shall exceed seventy- 18 five (75) feet in height above adjacent ground. 19 b. No wood ground- mounted tower shall exceed twenty (20) feet in 20 height above adjacent ground. 21 (2) Attached towers. 22 a. No steel or other metal tower mounted on the roof of any commercial 23 or industrial structure shall exceed fifty (50) feet in height above the 24 roof line of the structure on which it is mounted. 25 b. No steel or other metal tower mounted on the roof of any residential 26 structure shall exceed twenty -five (25) feet in height above the roof 27 line of the building on which it is mounted. 28 ® , 266 1 C. No wood roof - mounted tower shall exceed twenty (20) feet in height 2 above the adjacent ground. 3 (f) Same -- Exceptions. The board of adjustment may grant a waiver of the 4 height limitations of this chapter upon the filing of a proper application. The height 5 restrictions set forth in paragraph (e) of this section shall in all instances supersede the 6 building height limits set forth in the various zoning districts. 7 (g) Inspections. It is unlawful to pour or otherwise construct any foundation, 8 footing, or pad for a tower without the prior approval of the city building codes official of 9 the excavation or ditch in which the foundation, footing or pad will be constructed. Two (2) 10 inspections shall be made. A foundation site inspection shall be made by the City within twenty -four 11 (24) hours after being notified by the permittee that the excavation or ditch which the foundation, 12 footing or pad for the support of a tower is about to be poured. Final inspection shall be made by the 13 building inspector upon completion of construction. The permittee shall notify the building inspector 14 within twenty -four (24) hours of completion 15 (h) Guying. All guying used to support a tower should be located on the property upon 16 which the tower is constructed. If it is necessary that guying extend onto adjacent property 17 the permittee shall obtain and provide to the city proper authorization of the adjacent property 18 owner prior to issuance of the building permit. 19 SECTION 2. This Ordinance shall take effect from and after its passage. 20 PASSED: July 7, 1998 21 22 ATTEST: 23 C� ROBBIE HA N OCK 24 CITY CLERK 25 APP OVED AS TO FORM: 26 27 THOMAS M. CARPEN R CITY ATTORNEY 28 APPROVED: MICHAEL KECK VICE -MAYOR