City of Williston, ND Airport Zoning

For the purpose of this regulation, the following zones are established:

"L" — Landing Zones.

"IAZ" — Instrument Approach Zones.

"NIAZ" — Noninstrument Approach Zones.

"TS" — Transition Slope.

"TZ" — Turning Zones.

"CS" — Conical Surface.

The boundaries of these zones are hereby established as shown on a map entitled "Williston Municipal Airport Zoning Map," dated December 2, 1949, which accompanies and is hereby made a part of this regulation and as the same may be amended and supplemented.[1]

[1]

Editor's Note: The map referred to in the above section is on file in the office of the city engineer.

Section AZ-4 Height limits.

Except as otherwise provided in this regulation, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this regulation to a height in excess of the height limit hereby established for such zone.

The height limit for each type of zone is hereby established as follows:

"L" (Landing Zone) — Nothing above the ground surface except as required and as necessary and incidental to airport operations or recommended by or in accord with the rules of the Civil Aeronautics Administration.

"IAZ" (Instrument Approach Zone) — One foot of height above the center line of the end of the nearest runway extended horizontally 200 feet for every 50 feet of the shortest distance of the structure or tree is from the inner boundary of the approach zone or the line of such boundary extended.

"NIAZ" (Non Instrument Approach Zone) — One foot of height above the center line of the nearest runway extended horizontally 200 feet for every 40 feet of the shortest distance the structure or tree is from the inner boundary of the approach zone or the line of such boundary extended.

"TS" (Transition Slope) — One foot of height for every seven feet of the shortest distance the structure or tree is from the boundary of the nearest approach zone.

"TZ" (Turning Zone) — Elevation 2,092 feet.

"CS" (Conical Surface) — One foot of height above the elevation permitted in the turning zone for each 20 feet of the shortest distance the tree or structure is from the outer boundary of the turning zone for a longitude distance of 5,000 feet.

Section AZ-5 Use restrictions.

Except as otherwise provided in this regulation, it shall be unlawful to put any land located within any zone hereby created to any of the following prohibited uses:

Transformer stations.

High power transmission lines.

Manufacturing establishments or other uses which produce smoke interfering with the safe use of the airport.

All plants and businesses of every kind which omit [emit] or discharge gases and odors that would interfere with the health and safety of the public in the use of the airport.

Businesses or structures of any kind that may be detrimental or injurious to the health, safety and general welfare of the public in the use of the airport.

Any other use which would create electrical interference with radio communications, between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of the flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off or maneuvering of aircraft.

Section AZ-6 Establishment of airports greater than Class 1.

Permit required. Within a radius of eight miles from the center of the Williston Municipal (Sloulin) Airport, no airport of Class 1 or greater, as hereinafter defined, shall be established unless permit therefor shall have been applied for and granted, in accordance with the provisions of this regulation.

Schedule of minimum distance between municipal airport and any other airport. Except as otherwise provided, the minimum distance between the Williston Municipal (Sloulin) Airport and any other airport hereafter established, measured from center to center, shall be not less than provided in the following schedule:

Class of Airport	Distance from Williston Airport
1	5 miles
2	6 miles
3	7 miles
4	8 miles

Airport classifications. Airport classifications for the purpose of this regulation shall be in accord with the following schedule:

Length of Longest Runway	Class
Under 3,400 feet	1
3,401 feet to 4,450 feet	2
4,451 feet to 5,200 feet	3
Over 5,200 feet	4

Exceptions; board of adjustment. Exceptions to the spacing requirements hereinbefore provided in this section may be granted by the board of adjustment, which is hereby authorized to allow lesser distances between the Williston Municipal (Sloulin) Airport and any other airport proposed to be established, but only after public hearing duly held in accord with the provisions of this regulation, and where, owing to special conditions, the board of adjustment duly finds that a literal enforcement of these provisions would result in unnecessary hardship and such variance would not be contrary to the public interest.

Prior to granting any such exception or variance, the board of adjustment shall, for the purpose of study and recommendation, refer the matter to the Civil Aeronautics Administration and to any aviation commission, airport zoning commission, and any local planning body having jurisdiction within the area affected.

If any of the aforementioned bodies, to whom the matter shall have been referred, does not within 45 days transmit a report to the board of adjustment, then it shall be deemed to have approved the proposal; provided, however, that upon request of any said body, the board of adjustment shall grant a reasonable extension of such time.

In granting such exception or variance the board of adjustment shall impose special conditions which will insure that the public interest is maintained.

Section AZ-7 Nonconforming uses.

The regulations prescribed herein 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 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 regulation, and is diligently prosecuted and completed within two years thereof, except as provided in Section 10.

Section AZ-8 Cty engineer; administrator; duties.

It shall be the duty of the city engineer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city engineer upon a form furnished by him. Applications which are by this regulation to be decided by the city engineer shall be promptly considered and granted or denied by him. Applications for action by the board of adjustment shall be forth-with transmitted by the city engineer to the board for hearing and decision.

Section AZ-9 Permits to materially change airport, etc.

Future uses. 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 airport approach zone or airport turning zone, unless a permit therefor shall have been applied for and granted. Each such application 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 applied for shall be granted.

Existing uses. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, within any airport approach zone or airport turning zone, a permit must be secured authorizing such replacement, change or repair. No such 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, than it was on the effective date of this regulation [October 24, 1950] or than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change or repair of existing use, structure or tree shall be granted.

Variances. Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the requirements prescribed in this regulation, may apply to the board of adjustment for variance therefrom. Such variance shall be allowed where 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 do substantial justice and be in accordance with the spirit of this regulation.

Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this regulation and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit, the City of Williston, North Dakota, 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.

Section AZ-10 Appeals.

Any person aggrieved, or taxpayer affected, by any decision of the city engineer, made in his administration of this regulation, if of the opinion that a decision of the city engineer is improper application of this regulation, may appeal to the board of adjustment.

All appeals hereunder must be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the city engineer and with the board, a notice of appeal specifying the grounds thereof. The city engineer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the city engineer 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 say [stay] would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the board on due cause shown.

The board shall fix a reasonable time for the hearing of the appeal, 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 may, in conformity with the provision[s] of this regulation, reverse, or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and may make such order requirement, decision or determination as ought to be made, and to that end shall have all powers of the city engineer.

Section AZ-11 Board of adjustment.

There is hereby created a board of adjustment to have and exercise the following powers:

To hear and decide appeals from any order, requirement, decision or determination made by the city engineer in the enforcement of this regulation.

To hear and decide special exceptions to the terms of this regulation upon which such board may be required to pass under such regulations.

To hear and decide specific variances under Section 9.

The board of adjustment shall consist of five members, each to be appointed by the joint airport zoning board for a term of three years and to be removable for cause by the joint airport zoning board upon written charges and after public hearing.

The board shall adopt rules for its governance and procedure in harmony with the provisions of this regulation. 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 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 each fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city auditor and shall be a public record.