§ 10-36. Pena Boulevard.

(a)

Adoption of map. The map filed in the office of the clerk and recorder, ex-officio clerk of the City and County of Denver, on the 29th day of June, 2000, Filing No. 00-567, be and hereby is adopted and approved and the area specified thereon, as defined in subsections (c)(3), (4), (5) and (6) of this section, indicated by a dashed boundary line and by shading shall be and hereby is determined to be and is designated as an area necessary for the preservation of a certain view of the Denver International Airport Jeppesen Terminal. The restrictive provisions of this article shall be in full force and effect as to the portion of the map indicated by a dashed boundary line and by shading.

(b)

Limitations on construction. No part of a structure within the areas indicated on the map by a dashed boundary line and by shading shall exceed the heights indicated on the map. Whenever a structure lies partially outside and partially inside of the area on the map indicated by a dashed boundary line and by shading, the provisions of this ordinance shall apply only to that part of the structure that lies within the area indicated by a dashed boundary line and by shading on the map.

(c)

Definitions.

(1)

Coordinates: All coordinates are Colorado State Plane, Central Zone (NAD 83/91) (U.S. Survey Feet).

(2)

Elevations: Vertical datum is NGVD 1929 in feet.

(3)

View plane A:

a.

Reference point: A point located on Pena Boulevard northing 1,729,453.84' and easting 3,205,772.11' on which is a brass cap set in concrete.

b.

A regular specified area: An area enclosed by a line drawn from the reference point easterly to north-
ing 1,729,451.082' and easting 3,207,741.965', thence northeasterly to northing 1,733,873.67' and easting 3,232,198.20' thence northerly to northing 1,735,760.59' and easting 3,231,680.65', thence southwesterly to the reference point.

(4)

View plane B:

a.

Reference point: A point located on Pena Boulevard northing 1,729,425.10' and easting 3,225,129.88' on which is a brass cap set in concrete.

b.

A regular specified area: An area enclosed by a line drawn from the reference point easterly to north-
ing 1,729,487.34' and easting 3,226,520.51', thence northeasterly to northing 1,735,760.59' and easting 3,231,680.65', thence southwesterly to the reference point.

(5)

View plane C:

a.

Reference point: A point located on Pena Boulevard northing 1,729,487.34' and easting 3,226,520.51' on which is a brass cap set in concrete.

b.

A regular specified area: An area enclosed by a line drawn from the reference point easterly to north-
ing 1,729,437.99' and easting 3,227,546.35', thence northeasterly to northing 1,733,873.67' and easting 3,232,198.20', thence northwesterly to northing 1,735,760.59' and easting 3,231,680.65', thence southwesterly to the reference point.

(6)

View plane D:

a.

Reference point: A point located on Pena Boulevard northing 1,729,773.45' and easting 3,232,233.14' on which is a brass cap set in concrete.

b.

A regular specified area: An area enclosed by a line drawn from the reference point northerly to north-
ing 1,731,718.28' and easting 3,232,566.86, thence northwesterly to northing 1,734.837.60' and easting 3,232,198.20', thence southwesterly to northing 1,733,873.67' and easting 3,231,680.62', thence southeasterly to the reference point.

(d)

Exceptions.

(1)

Existing structures. Any structure within the area on the map indicated by a dashed boundary line and by shading which was erected prior to the effective date of this article and which is not in compliance with the terms of this article may be altered or replaced as necessary to the height existing on the effective date of this article.

(2)

Signage and lighting. All signage and lighting shall be exempt from the limitations set forth in this article.

(3)

Terminal curbside counters, railings, and barriers. All terminal curbside counters, railings, and barriers shall be exempt from the limitations set forth in this article.

(4)

FAA navigational aids. All FAA navigational aids, as defined by the FAA advisory circular: 150/5300-13 "Airport Design" copyright 1989 or any revisions thereto, shall be exempt from the limitations set forth in this article.

(5)

Runway, taxiway, or approach lighting. All runway, taxiway, or approach lighting shall be exempt from the limitations set forth in this article.

(6)

Extensions of the elevated terminal roadways. Extensions of the elevated Jeppesen Terminal roadways shall be exempt from the limitations set forth in this article.

(7)

Jeppesen Terminal expansion. The Denver International Airport Jeppesen Terminal expansion as specifically described on the map filed in the office of the clerk and record in accordance with subsection (a) of this section shall be exempt from the limitations set forth in this article.

(8)

Flagpoles.

(Ord. No. 570-00, § 1, 7-17-00)