For the purpose of this ordinance the following area or areas have been designated as airport hazard areas:

a.

The area within two miles of Dannelly Field, a municipally owned airport of the City of Montgomery; and as more particularly shown or described on the "Airport Zoning Map of the Dannelly Field Area of Montgomery." Said map and all explanatory matter thereon are hereby adopted and made a part of this ordinance.

b.

The area extending within two miles of Maxwell Air Force Base, a United States owned airport, as more particularly shown or described on the map entitled, "Standards for Determining Obstructions to Air Navigation, Maxwell A. F. B., Montgomery, Alabama," said map and all explanatory matter thereon are hereby adopted and made a part of this ordinance. Sections 12 and 13, Township 16 North, Range 17 East, and Sections 7 and 18, Township 16 North, Range 18 East, are excluded from this ordinance as defined in the shaded areas shown on the map entitled "Standards for Determining Obstructions to Air Navigation, Maxwell A. F. B., Montgomery, Alabama."

For the purpose of this ordinance airport hazard areas are hereby divided into the same number and types of districts and with the same designations or names as listed in article VII of this ordinance, and boundaries of the said districts are hereby established as shown on the "Zoning Map of the City of Montgomery."

District regulations contained in article VII of this ordinance shall apply within an airport hazard area except only those regulations concerning uses and height are mandatory in any area outside the customary police jurisdiction of the city.

Within an airport hazard area the following additional regulations shall apply:

a.

District height regulations shall apply to trees as well as to structures, except as hereinafter modified.

b.

Within an agricultural 1 or 2 district, no structure or tree shall exceed 2½ stories or 35 feet in height except as hereinafter modified.

c.

Within a M-3 industrial district, no structure or tree shall exceed three stories or 45 feet in height except as hereinafter modified.

d.

Height regulations concerning trees shall be enforced only when a failure to do so would allow an obstruction to air navigation to occur or exist.

e.

Height exceptions contained in article I, section 6 of this chapter shall not apply and exceptions to height regulations shall only be granted by the board of adjustment when said board is satisfied that an exception will not create a hazard to air navigation; and the board of adjustment may impose reasonable conditions which it deems necessary to effectuate the purposes of this ordinance.

f.

Maps entitled "Standards for Determining Obstructions to Air Navigations, Dannelly Field Area of Montgomery, Alabama and Maxwell Air Force Base," shall serve as a guide or standard to the board of adjustment in its granting of exceptions to height limitations in an airport hazard area. Said maps and all explanatory matter thereon are hereby adopted and made a part of this ordinance.

Within an airport hazard area the board of adjustment (article III), shall act as the "administrative agency" provided for in sections 9 and 10 of Act No. 370 of the 1953 Session of the Alabama Legislature, and shall have all responsibilities and powers conferred by said section.

The provisions of this ordinance within an airport hazard area shall be administered and enforced by the administrative official, and article II of this ordinance shall apply in administering and enforcing the provisions herein.