This chapter shall be known and may be cited as SEMINOLE REGIONAL AIRPORT HAZARD ZONING ORDINANCE. (2000 Code § 12-801; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   As used in this chapter, unless the context otherwise requires:

   AIRPORT: Jimmie Austin Seminole regional airport.

   AIRPORT ELEVATION: The highest point of an airport's usable landing area in feet from mean sea level. Seminole regional airport has an elevation of one thousand twenty five feet (1,025') MSL.

   AIRPORT ZONING BOARD OF ADJUSTMENT: A board consisting of five (5) 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 section 12-8-4 of this chapter. 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 section 12-8-3 of this chapter.

   CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').

   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 chapter and shown on the airport layout plan, the datum shall be mean sea level elevation unless otherwise specified.

   HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') 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 chapter or an amendment thereof.

   OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 12-8-4 of this chapter.

   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 two hundred feet (200') 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:

   A.   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:

      1.   Paved landing strip; and

      2.   Turf landing strip.

   B.   They may or may not be paved now or in the future.

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

   TRANSITIONAL SURFACES: These surfaces extend outward at ninety degree (90°) angles to the runway centerline and the runway centerline extended at a slope of seven feet (7') 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 twelve thousand five hundred (12,500) pounds' maximum gross weight and less.

   VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures. (2000 Code § 12-802; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   A.   Zones Created: In order to carry out the provisions of this chapter, 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. (2000 Code § 12-803; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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 two hundred fifty feet (250') wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal distance of five thousand feet (5,000') 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 ninety degree (90°) angles to the runway centerline (and extended runway centerline), at a slope of seven feet (7') horizontal for each one foot (1') 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 five thousand foot (5,000') 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 four thousand feet (4,000'). (2000 Code § 12-803)

   A.   General Provisions: Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter 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 twenty feet (20') 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 five thousand feet (5,000') along the extended runway centerline.

      2.   Transitional Zones: Slopes seven feet (7') 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 one hundred fifty feet (150') above the airport elevation which is one hundred feet (100') above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet (7') 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 one hundred fifty feet (150') above the airport elevation or at a height of two hundred fifty feet (250') above mean sea level.

      4.   Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.

      5.   Excepted Height Limitations: Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to fifty feet (50') above the surface of the land. (2000 Code § 12-804)

   Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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. (2000 Code § 12-805)

   A.   Regulations Not Retroactive: The regulations prescribed by this chapter 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. (2000 Code § 12-806)

   A.   Future Uses:

      1.   Except as specifically provided in subsections A1a, A1b, and A1c of this section, 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 chapter shall be granted unless a variance has been approved in accordance with subsection D of this section.

         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 seventy five feet (75') 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 four thousand two hundred feet (4,200') from each end of the runway, no permit shall be required for any tree or structure less than seventy five feet (75') 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 seventy five feet (75') 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 chapter, except as set forth in subsection 12-8-4B5 of this chapter.

   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 eighty percent (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. (2000 Code § 12-807)

   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 chapter, 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. (2000 Code § 12-807; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

      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 chapter. (2000 Code § 12-807)

      4.   Additionally, no application for variance to the requirements of this chapter 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 fifteen (15) days after receipt, the airport zoning board of adjustment may act on its own to grant or deny said application. (2000 Code § 12-807; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   E.   Obstruction Markings And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter 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. (2000 Code § 12-807)

   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 chapter 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. (2000 Code § 12-808; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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 chapter;

      2.   To hear and decide special exceptions to the terms of this chapter 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 (5) 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 (3) years and until his successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, two (2) for a term of two (2) years and two (2) for a term of three (3) 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 chapter.

      2.   Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

      3.   The chairman, or in his absence the acting chairman, 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. (2000 Code § 12-809; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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 chapter.

   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 chapter, or to effect variation in this chapter. (2000 Code § 12-809)

   A.   Right To Appeal: Any person aggrieved, or any taxpayer affected, by any decision of the city manager made in his administration of this chapter 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 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 chapter, 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. (2000 Code § 12-810; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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 Oklahoma Statutes section 111. (2000 Code § 12-811)

   Where there exists a conflict between any of the regulations or limitations prescribed in this chapter 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. (2000 Code § 12-813)

   Each violation of this chapter or of any regulation, order, or filing promulgated hereunder shall constitute a misdemeanor and be punishable as provided in section 1-1-8 of this code; and each day a violation continues to exist shall constitute a separate offense. (2000 Code § 12-812)