Seminole City Zoning Code

   This subchapter shall be known and may be cited as the Seminole Regional Airport Hazard Zoning Ordinance.

(Prior Code, § 12-8-1) (Ord. 1075, passed 3-11-2008)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AIRPORT. Jimmie Austin Seminole Regional Airport.

   AIRPORT ELEVATION. The highest point of an airport’s usable landing area in feet from mean sea level. The Seminole Regional Airport has an elevation of 1,025 feet MSL.

   AIRPORT ZONING BOARD OF ADJUSTMENT. A board consisting of five members appointed by the Mayor with consent of the City Council as authorized by state law.

   APPROACH SURFACE. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 156.228. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter of the approach zone.

   APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES. These zones are set forth in § 156.227.

   CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

   HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

   HEIGHT. For the purpose of determining the height limits in all zones set forth in this subchapter and shown on the airport layout plan, the datum shall be mean sea level elevation unless otherwise specified.

   HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

   NONCONFORMING USE. Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this subchapter or an amendment thereof.

   OBSTRUCTION. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 156.228.

   PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.

   PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the PRIMARY SURFACE is set forth in the Seminole Regional Airport layout plan.

   RUNWAY.

      (1)   A defined area on an airport prepared for landing and takeoff of aircraft along its length. These areas are shown on the Seminole Regional Airport layout plan as:

         (a)   Paved landing strip; and

         (b)   Turf landing strip.

      (2)   They may or may not be paved now or in the future.

   STRUCTURE. An object, including a mobile object, constructed or installed by humans, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

   TRANSITIONAL SURFACES. These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

   TREE. Any object of natural growth.

   UTILITY RUNWAY. A runway that is constructed for, and intended to be used by, propeller driven aircraft of 12,500 pounds’ maximum gross weight and less.

   VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.

(Prior Code, § 12-8-2) (Ord. 1075, passed 3-11-2008)

   (A)   Zones created. In order to carry out the provisions of this subchapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Seminole Regional Airport. Such zones are shown on the Seminole Regional Airport layout map on file in the office of the Director of Public Works and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.

   (B)   Zones defined. The various zones are hereby established and defined as follows.

      (1)   Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

      (2)   Transitional zones. The transitional zones are the areas beneath the transitional surfaces. These zones are located adjacent to and at the sides of the primary surface and approach zones and are directly under the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline (and extended runway centerline), at a slope of seven feet horizontal for each one foot vertical from the sides of the primary surface and approach zones to the point where the transitional (conical) surface intersects with horizontal surface.

      (3)   Horizontal zone. The horizontal zone is established by swinging arcs of 5,000-foot radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

      (4)   Conical zone. The conical zone is established as the area that commences at the periphery (the conical zone is adjacent to the horizontal zone and directly under the conical surface) of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(Prior Code, § 12-8-3) (Ord. 1075, passed 3-11-2008)

   (A)   General provisions. Except as otherwise provided in this subchapter, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this subchapter to a height in excess of the applicable height limit herein established for such zone.

   (B)   Height limitations. Such applicable height limitations are hereby established for each of the zones in question, as follows.

      (1)   Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

      (2)   Transitional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 100 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

      (3)   Horizontal zone. Established at 150 feet above the airport elevation or at a height of 250 feet above mean sea level.

      (4)   Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

      (5)   Excepted height limitations. Nothing in this subchapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

(Prior Code, § 12-8-4)

   Notwithstanding any other provisions of this subchapter, no use may be made of land or water within any zone established by this subchapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft to use the airport.

(Prior Code, § 12-8-5)

   (A)   Regulations not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof, and is diligently prosecuted.

   (B)   Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the city to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the city.

(Prior Code, § 12-8-6)

   (A)   Future uses.

      (1)   Except as specifically provided in divisions (A)(1)(a) through (A)(1)(c) below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this subchapter shall be granted unless a variance has been approved in accordance with division (D) below.

         (a)   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

         (b)   In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

         (c)   In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.

      (2)   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this subchapter, except as set forth in § 156.228(B)(5).

   (B)   Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date hereof or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

   (C)   Nonconforming uses abandoned or destroyed. Whenever the Building Inspector of the city determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

   (D)   Variances.

      (1)   Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this subchapter, may apply to the Airport Zoning Board of Adjustment for a variance from such regulations. When required by federal regulations, requests must first be submitted to the Federal Aviation Administration for approval.

      (2)   The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

      (3)   Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this subchapter.

      (4)   Additionally, no application for variance to the requirements of this subchapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Airport Zoning Board of Adjustment may act on its own to grant or deny said application.

   (E)   Obstruction markings and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the city, at its own expense, to install, operate and maintain the necessary markings and lights.

(Prior Code, § 12-8-7) (Ord. 1075, passed 3-11-2008)

   It shall be the duty of the city to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Director of Public Works upon a form published for that purpose. Applications required by this subchapter to be submitted to the Director of Public Works shall be promptly considered and granted or denied. Application for action by the Airport Zoning Board of Adjustment shall be forthwith transmitted by the City Manager.

(Prior Code, § 12-8-8) (Ord. 1075, passed 3-11-2008)

   (A)   Board created; powers. There is hereby created an Airport Zoning Board of Adjustment to have and exercise the following powers:

      (1)   To hear and decide appeals from any order, requirement, decision or determination made by the Director of Public Works in the enforcement of this subchapter;

      (2)   To hear and decide special exceptions to the terms of this subchapter upon which such Airport Zoning Board of Adjustment under such regulations may be required to pass; and

      (3)   To hear and decide specific variances.

   (B)   Membership; terms; removal. The Airport Zoning Board of Adjustment shall consist of five members, citizens of the city, appointed by the Mayor with the consent of the City Council, and each shall serve for a term of three years and until his or her successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, two for a term of two years and two for a term of three years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.

   (C)   Procedures; meetings.

      (1)   The Airport Zoning Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this subchapter.

      (2)   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.

      (3)   The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.

      (4)   All hearings of the Board shall be public.

      (5)   The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or if failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Director of Public Works of the city and on due cause shown.

   (D)   Findings and conclusions. The Airport Zoning Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.

   (E)   Reversing decision of City Manager. The concurring vote of a majority of the members of the Board shall be sufficient to reverse any order, requirement, decision or determination of the City Manager or to decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to effect variation in this subchapter.

(Prior Code, § 12-8-9) (Ord. 1075, passed 3-11-2008)

   (A)   Right to appeal. Any person aggrieved, or any taxpayer affected, by any decision of the City Manager made in his or her administration of this subchapter may appeal to the Airport Zoning Board of Adjustment.

   (B)   Time limit for filing appeal. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board by filing with the City Manager a notice of appeal specifying the grounds thereof. The City Manager shall forthwith transmit to the Airport Zoning Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

   (C)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the City Manager certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board on notice to the City Manager.

   (D)   Public notice. The Airport Zoning Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

   (E)   Board decisions. The Airport Zoning Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

(Prior Code, § 12-8-10) (Ord. 1075, passed 3-11-2008)

   Any person aggrieved, or any taxpayer affected, by any decision of the Airport Zoning Board of Adjustment may appeal to the district court of the county as provided in 3 O.S. § 111.

(Prior Code, § 12-8-11)

   Where there exists a conflict between any of the regulations or limitations prescribed in this subchapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Prior Code, § 12-8-12)

   (A)   A violation of this chapter is a misdemeanor and is punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be punished as provided in § 10.99.

(Prior Code, § 12-2A-12)

   (B)   Violations of §§ 156.025 through 156.033 are designated as municipal infractions as specified in § 10.99.

(Prior Code, § 12-2B-1)

   (C)   Any person, firm or other entity who violates or refuses to comply with any of the provisions of § 156.052 shall be punished as provided in § 10.99.

(Prior Code, § 12-2C-8)

   (D)   Any person found violating any provision of §§ 156.085 through 156.088, or any codes adopted therein, shall, upon conviction, be punished as provided in § 10.99.

(Prior Code, § 12-2E-4)

   (E)   Each violation of this chapter or of any regulation, order or filing promulgated in §§ 156.225 through 156.236 shall constitute a misdemeanor and be punishable as provided in § 10.99; and each day a violation continues to exist shall constitute a separate offense.

(Prior Code, § 12-8-13)

(Ord. 1130, passed 4-12-2011; Ord. 1287, passed 4-11-2023; Ord. 1292, passed 8-8-2023; Ord. 1293, passed 8-8-2023; Ord. 1302, passed 5-14-2024)