As used in this article, unless the context otherwise requires:
(1) 
Airport.
Seymour Municipal Airport.
(2) 
Airport elevation.
The established elevation of the highest point on the usable landing area.
(3) 
Airport hazard.
Any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to the flight of aircraft in landing or taking-off at the airport.
(4) 
Airport reference point.
The point established as the approximate geographic center of the airport landing area and so designated.
(5) 
Board of adjustment.
A board consisting of five (5) members appointed by the governing bodies as provided by law.
(6) 
Height.
For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
(7) 
Landing area.
The area of the airport used for the landing, take-off or taxiing of aircraft.
(8) 
Landing strip.
The graded area used or intended for use in take-off and landing of aircraft.
(9) 
Nonconforming use.
Any structure, tree or use of land which is lawfully in existence at the time the regulation as prescribed in the article or an amendment thereto becomes effective and does not then meet the requirements of said regulation.
(10) 
Person.
An individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
(11) 
Structure.
An object constructed or installed by man, including but without limitation, towers, smokestacks, buildings and overhead transmission lines.
(12) 
Tree.
Any object of natural growth.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-51)
In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying within the approach zones, horizontal zone, conical zone, primary surface and vertical surfaces. Such areas and zones are shown on the Seymour Municipal Airport Zoning Map, consisting of one sheet prepared by O.H. Bartley and dated the 13th day of July, 1965, which is attached to this article and made a part hereof. The various zones are hereby established and defined as follows:
(1) 
Approach zones.
An approach zone is established at each end of the landing strip on Seymour Municipal Airport for landings and take-offs. The dimensions of the approach zones shall be shown as indicated on the airport zoning map.
(2) 
Horizontal zone.
A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of five thousand (5,000) feet. The horizontal zone does not include the approach zone.
(3) 
Conical zone.
A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of three thousand (3,000) feet. The conical zone does not include the approach zone.
(4) 
Primary surface.
A primary surface is established symmetrically located with respect to the centerline of the landing strip. The length of the primary surface is equal to the length of the landing strip and it has a width of two hundred (200) feet. The elevation of any point on the transverse or longitudinal profile of the surface coincides with that of the runway centerline elevation.
(5) 
Vertical surfaces.
Vertical surfaces are established extending upward from each side of the primary surface and approach zones to its intersection with the horizontal zone.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-52)
(a) 
Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this article to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows:
(1) 
Approach zones.
One (1) foot in height for each twenty (20) feet in horizontal distance beginning at the end of the landing strip and at the elevation of the end of the landing strip and extending to an elevation of 1,494 feet above mean sea level, which is the intersection with the horizontal surface.
(2) 
Horizontal zone.
One hundred fifty (150) feet above the airport elevation or a height of 1,494 feet above mean sea level.
(3) 
Conical zone.
One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of three hundred (300) feet above the airport elevation.
(b) 
Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail.
(c) 
Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50) feet above the surface of the land.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-53)
Notwithstanding any other provisions of this article, no use may be made of land within any zone established by this article in such a manner as to create electrical interference with radio communication between the airport and aircraft; make it difficult for flyers to distinguish between airport lights and others; result in glare in the eyes of flyers using the airport; impair visibility in the vicinity of the airport; or otherwise endanger the landing, take-off, or maneuvering of aircraft.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-54)
(a) 
Regulations not retroactive.
The regulations prescribed by this article shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this article; or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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 of this article, and which is diligently prosecuted.
(b) 
Marking and lighting.
Notwithstanding the preceding provision of this section, the owner of any 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 mayor to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the city.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-55)
(a) 
Future uses.
Except as specifically provided in paragraphs (1) and (2) hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established 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.
(1) 
In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy-five (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 zone.
(2) 
In the area lying within the limits of the approach zone but at a horizontal distance of not less than two thousand (2,000) feet from each end of the landing strip, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zone.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this article except as set forth in Section 12.203.
(b) 
Existing uses.
No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation that it was on the effective date of this article 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 mayor determines that a nonconforming structure or tree 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.
(d) 
Variances.
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of his property not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of this article.
(e) 
Hazard marking and lighting.
Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-56)
It shall be the duty of the mayor to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the mayor upon a form furnished by him. Applications required by this article to be submitted to the mayor shall be promptly considered and granted or denied by him. Applications for action by the board of adjustment shall be forthwith transmitted by the mayor.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-57)
(a) 
There is hereby created a board of adjustment to have and exercise the following powers:
(1) 
To hear and decide appeals from an order, requirement, decision or determination made by the mayor in the enforcement of this article;
(2) 
To hear and decide special exceptions to the terms of this article; and upon which such board of adjustment under such regulations may be required to pass;
(3) 
To hear and decide specific variances.
(b) 
The board of adjustment shall consist of five (5) members appointed by the governing bodies 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 (1) year, two for a term of two (2) years, and two 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) 
The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this article. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or 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 mayor, and shall be a public record.
(d) 
The 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 article.
(e) 
The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision or determination of the mayor, or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-58)
(a) 
Any person aggrieved, or any taxpayer affected, by any decision of the mayor made in his administration of this article, if of the opinion that a decision of the mayor is improper application of these regulations, may appeal to the board of adjustment.
(b) 
All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the mayor a notice of appeal specifying the grounds thereof. The mayor shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(c) 
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the mayor certifies to the board of adjustment, 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 of adjustment on notice to the agency from which the appeal is taken and on due cause shown.
(d) 
The 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) 
The board of adjustment may, in conformity with the provisions of this article, 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.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-59)
Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment may appeal to the Court of record as provided by article 46e, section #11, Revised Civil Statutes of Texas, as amended.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-60)
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulation applicable to the same area, whether the conflict be with respect to the height of a structure or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
(1988 Seymour City Code, Chapter 2, Article 4, Section 2-61)