Editor's Note: Appendix B sets forth the airport zoning
regulations of the City of Williston, enacted on October 24, 1950.
The nature of a zoning ordinance and the requirements of state law
as to the procedures for enactment, amendment, appeals and the like
preclude its physical incorporation as an integral part of the Code;
therefore, it has been included in the appendix as enacted, for the
information and convenience of the user.
Unless otherwise indicated by a history note following a particular
section, the ordinance is set out as originally enacted, the section
headings and numbers having been retained. Any material in brackets
[ ] has been added by the editor for purposes of clarity.]
AN ORDINANCE REGULATING AND GOVERNING THE HEIGHT OF STRUCTURES
AND TREES AND THE USE OF PROPERTY IN THE VICINITY OF THE WILLISTON
MUNICIPAL (SLOULIN) AIRPORT, WILLISTON, NORTH DAKOTA
In pursuance of the authority conferred by North Dakota Code
(1943, Volume 4; Chapter 40-47 and 40-48 and 1947 Supplement of the
North Dakota Revised Code of 1943, Chapter 2-04) Airport Zoning [N.D.C.C.
§§ 2-04-01 et seq., 40-47-01 et seq. [;] and 40-48-01
et seq.] and for the purpose of promoting the public health, safety,
order, convenience and general welfare of the inhabitants of the City
of Williston, North Dakota and vicinity, by preventing the creation
or establishment of airport hazards, thereby protecting the lives
and property of the users of the Williston Municipal Airport and of
the owners and occupants of land in its vicinity and preventing destruction
or impairment of the utility of the airport and the public investment
therein:
The Joint Airport Zoning Board of Williston, North Dakota, do
ordain as follows:
This regulation shall be known and may be cited as the Williston
Airport Zoning Regulation.
As used in this regulation, unless the context otherwise requires:
AIRPORT
The Williston Municipal (Sloulin) Airport.
AIRPORT HAZARD
Any structure or tree or use of land which obstructs the
airspace required for the flight of air-craft in landing or taking
off at the airport or is otherwise hazardous to such landing or take
[taking] off of aircraft.
LANDING AREA
The area of the airport used for the landing, take [taking]
off or taxiing of aircraft.
NONCONFORMING USE
Any structure or tree or use of land which does not conform
to the requirements prescribed in this regulation or an amendment
thereto, as of the effective date of such regulations.
PERSON
Any individual, firm, copartnership, corporation, company,
association, joint stock association, or body politic, and includes
any trustee, receiver, assignee or other similar representative thereof.
STRUCTURE
Any object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks and overhead transmission
lines.
TREE
Any object of natural growth.
(a) For the purpose of this regulation, the following zones are established:
2. "IAZ" — Instrument Approach Zones.
3. "NIAZ" — Noninstrument Approach Zones.
(b) 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.
(a) 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.
(b) The height limit for each type of zone is hereby established as follows:
1. "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.
2. "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.
3. "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.
4. "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.
5. "TZ" (Turning Zone) — Elevation 2,092 feet.
6. "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.
(a) 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:
2. High power transmission lines.
3. Manufacturing establishments or other uses which produce smoke interfering
with the safe use of the airport.
4. 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.
5. 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.
6. 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.
(a) 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.
(b) 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
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Distance from Williston Airport
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1
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5 miles
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2
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6 miles
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3
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7 miles
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4
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8 miles
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(c) Airport classifications. Airport classifications for the purpose
of this regulation shall be in accord with the following schedule:
Length of Longest Runway
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Class
|
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Under 3,400 feet
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1
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3,401 feet to 4,450 feet
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2
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4,451 feet to 5,200 feet
|
3
|
Over 5,200 feet
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4
|
(d) 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.
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.
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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(a) 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.
(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
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.
(c) 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.
(d) 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.
(a) There is hereby created a 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 city engineer in the enforcement of this
regulation.
2. To hear and decide special exceptions to the terms of this regulation
upon which such board may be required to pass under such regulations.
3. To hear and decide specific variances under Section 9.
(b) 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.
(c) 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.
(d) The board 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, or affirming, or modifying any order,
requirements, decision or determination which comes before it under
the provisions of this regulation.
(e) 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 engineer, or to decide in favor of the applicant on any
matter upon which it is required to pass under this regulation, or
to affect [effect] any variation in this regulation.
Any person aggrieved, or taxpayer affected, by any decision
of the board of adjustment may appeal to the district court as provided
in Section 11 of Chapter 40 of the Session Laws of 1945 [N.D.C.C.
§ 2-04-2011]
Each violation of this regulation, or any order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punished by a fine of not more than $500 or imprisonment for not more than 90 days, or by both such fine and imprisonment, and each day of violation continues to exist shall constitute a separate offense. In addition the joint airport zoning board may institute in any court of competent jurisdiction, an action to prevent, restain [restrain], correct or abate any violation of this regulation, pursuant to Chapter
2 — or (Airport Zoning) 1947 Supplement of the North Dakota Revised Code of 1943 [N.D.C.C. § 2-04-2012]
Where this regulation imposes a greater or more stringent restriction
upon the use of land than is imposed or required by any other ordinance
or regulation, the provisions of this regulation shall govern.
If any of the provisions of this regulation or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the regulation
which can be given effect without the invalid provision or application,
and to this end the provisions of this regulation are declared to
be severable.
This regulation shall be in full force and effect from and after
its adoption.
This Ordinance duly passed its first reading on the 17th day
of October, 1950, and thereafter on the 24th day of October, 1950,
passed its second reading and was duly adopted. The following Commissioners
voted "aye" thereon: Webster, Lee and Ditsworth thereon and the following
voted "nay" thereon: None. Absent and not voting: Anderson and Rawitscher.
Signed and approved this 24th day of October, 1950.
W. N. Ditsworth,
President of the Board of City Commissioners.
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Attest:
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H. L. Grimstwedt,
City Auditor.
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