Sec. 3-23. - Use restrictions generally.

(a)

Notwithstanding any other provision of this article no use may be made of the land directly below any instrument runway approach zone, noninstrument approach zone, turning zone or transition zone, but not including the land area directly below the outer forty thousand foot sections of the instrument runway approach zones and the transition zones adjacent to them, in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers, impair visibility, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

Within the air space and upon the land directly below the inner ten thousand foot section of instrument runway approach zones there shall not be erected any place of public assembly including but not limited to churches, hospitals, schools and theaters.

The maintenance and repair of all uses on the land or water area vertically below the clear zones, as defined in this article, such uses existing at the time the ordinance from which this article derives was adopted, [4] shall not be prohibited.

(b)

Notwithstanding any of the provisions of this article as to height limitations or as to the prohibition of obstructions to air navigation, but with the exception of the limits of this article as to the construction of places of public assembly and residences, no provision of this article shall restrict the construction, erection or growth to less than fifty feet in height above natural ground level.

(c)

The construction of residences vertically below the clear zones subsequent to the adoption of the ordinance from which this article derives [5] shall be limited to the construction, restoration or replacement of such residences that may be damaged or destroyed by fire, wind, storm or other natural causes; provided, however, that an existing residence, vertically below the clear zones, may be replaced at the same site or at a new site; provided, that the older residence is removed within ninety days after the establishment of the newer residence.

(Ord. No. 629 § 8.)

Editor's note— The ordinance from which this article derives was adopted June 14, 1960.

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Editor's note— The ordinance from which this article derives was adopted June 14, 1960.