§ 10-60. Ruby Hill Park.

(a)

Adoption of map. The attached map shall be and hereby is approved and adopted and the portion thereon indicated by shading or crosshatching shall be and hereby is determined to be and is designated as an area necessary for the preservation of a certain panoramic view. The restrictive provisions of this article shall be in full force and effect as to the portion of the attached map indicated by shading or crosshatching.

(b)

Limitations on construction. No part of a structure within the area on the attached map indicated by shading or crosshatching shall exceed an elevation of five thousand three hundred fifty-four (5,354) feet above mean sea level plus one and seven-tenths feet for each one hundred (100) feet that the part of a structure is horizontally distant from the reference point. Wherever a structure lies partially outside and partially inside of the area on the attached map indicated by shading or crosshatching, the provisions of this section shall apply only to that part of the structure that lies within the area indicated on the map by shading or crosshatching.

(c)

Reference point. A point having an elevation of five thousand three hundred fifty-four (5,354) feet above mean sea level, which point is identified on the attached map, at which point is located a steel rod set in concrete and which reference point is located as follows: Beginning at the southeast corner of the southwest quarter of the northeast quarter of Section 21, Township 4 South, Range 68 West; thence westerly along the land line a distance of ten (10) feet; thence sighting west turn an angle of 90° 01′ 45″ to the north and a distance of eight and sixty one-hundredths (8.61) feet to the range point at the corner of West Florida Avenue and South Lipan Street; thence from that range point sighting west at an angle to the left of 38° 46′ 30″ for a distance of four hundred ninety and fifteen one-hundredths (490.15) feet.

(d)

Exceptions. Utility transmission lines and supporting towers. Any utility transmission lines and supporting towers existing prior to the enactment of this section 10-60 (December 12, 1969), and any upgrade, expansion, repair, alteration, modification or replacement of such utility transmission lines or supporting towers, shall be exempt from the requirements of this section 10-60. Replacement, whether overhead or underground, requires the removal of the existing utility transmission lines and supporting towers as soon as the replacement transmissions lines are operational.

(Code 1950, § 645.4-3; Ord. No. 468, § 1, 9-10-07)