No building permits to do the following will be issued by the Office of Building Permits until a proper permit issued by the Aeronautics Commission of Indiana is presented to such office showing permission for such construction:
(A) Erect, add to the height of or replace any structure, unless the replacement only involves the repair, maintenance or restoration of a structure in existence on August 31, 1977;
(1) Within 2,000 feet from the nearest airport boundary, that will result in a structure extending higher than a height above the level of such runway or landing strip determined by the ratio of 1 foot vertically to every 20 feet horizontally measured from the nearest boundary;
(2) At any other place within this state not otherwise covered in this section which will result in a structure extending more than 500 feet above the highest point of land within a one mile radius from the structure;
(3) At any other place within the state which will result in a structure extending to a height of more than 100 feet above the level of the runway or landing strip within a three and one-half nautical mile radius of the geographical reference point of the airport;
(4) Within the established guidelines for airport approach zone or zones as set forth in applicable Federal Air Regulations including but not limited to Federal Air Regulations Part 77; or
(5) Where such structure would impose a restriction to or increase the instrument minimum heights of an approach to any existing or proposed airport as set forth in Federal Air Regulations Part 77 or as approved airport master plan or airport layout plan;
(B) Erect a residential building or other building designed for noise sensitive uses within an area lying 1,500 feet of either side of the extended center line of a runway for a distance of one nautical mile from the boundaries of any public use airport.
(‘82 Code, § 4-64-2) (Ord. 77-32, passed 11-7-77) Penalty, see § 10.99