Williston City Zoning Code
SECTION 24a
MA: Municipal Airport District.
[Ord. No. 1036]
A.
Intent. This district will only apply to City owned airport land specifically and not adjacent private lands. Adjacent non-City owned properties will be governed under a separate Joint Powers Agreement.
B.
Municipal Airport District surfaces. The Municipal Airport District consists of the following surfaces, which are hereby established and defined as follows:
1.
Precision instrument approach surfaces. A precision instrument approach surface is established at each end of the instrument runway for instrument landings and takeoff. The instrument approach surface shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its center line being the continuation of the center line of the runway.
2.
Non-precision instrument approach surfaces. A surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. This approach surface has a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a distance of 10,200 feet beyond each end of the runway.
3.
Primary surfaces. A surface longitudinally centered on a runway and extending 200 feet beyond the end of each hard surface runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary is 500 feet for non-precision instrument runways having visibility minimums greater than 0.75 statute miles and 1,000 feet for precision instrument runways.
4.
Transitional surfaces. These surfaces extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven to one from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precisions approach surface which project through and beyond the limits of the conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway center line.
5.
Horizontal surfaces. A horizontal plan 150 feet above the established airport elevations, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
6.
Conical surfaces. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for horizontal distance of 4,000 feet.
C.
Height limits. Unless otherwise specifically provided in this section, no structure or tree may be erected, altered, allowed to grow, or maintained, in the Municipal Airport District zone to the height in excess of the maximum height limit established for such zone. These provisions shall not be constructed as prohibiting the growth, construction or maintenance of any tree or structure to a height of up to 35 feet above the surface of the land.
1.
Precision instrument approach surfaces. One foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from and at the center line elevation of the end of the instrument runway and extending a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.
2.
Non-precision instrument approach surfaces. One foot in height for each 34 feet in horizontal distance beginning at the end of the primary surface of the non-precision instrument runway and extending to a point 10,200 feet from the end of the runway.
3.
Transitional surfaces. One foot in height for each seven feet in horizontal distance beginning at the edge and normal to the primary surface, extending to a height of 150 feet above the airport elevation. In addition, there are established heights limits of one-foot vertical height for each seven feet of horizontal distance measured from the edges of all approach surfaces for the entire length of the approach surface and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the precision instrument approach surface projects through and beyond the conical surface, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach surface and extending a distance of 5,000 feet from the edge of the instrument approach surface measured normal to the center line of the runway extended.
4.
Horizontal surfaces. This is determined to be 150 feet above the airport elevation. A 10,000-foot horizontal arc swung from the center of each end of each primary surface and connecting, the adjacent arcs by lines tangent to these arcs make up the perimeter of the horizontal surface.
5.
Conical surfaces. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal surface, extending to a height of 350 feet above the airport elevation.
D.
Permitted uses and structures. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."
E.
Permits. Per the direction of the Municipal Airport Director as required by the airport regulatory document, "Williston Basin International Airport: Development Standards."
F.
Hazard marketing and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at their own expense, to permit the Municipal Airport of the City of Williston, North Dakota, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
G.
Minimum lot requirements. None
H.
Minimum yard requirements. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."
I.
Maximum lot coverage by buildings. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."
J.
Maximum height of buildings. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."
K.
Sign limitations. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."
L.
Off-street parking requirements. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."
M.
Other requirements. All development standards regarding the Municipal Airport District are regulated by the airport regulatory document, "Williston Basin International Airport: Development Standards" as directed by the Municipal Airport Director.
N.
Nonconforming uses abandoned or destroyed. Uses, structures and trees must be maintained and remain in compliance with the Federal Aviation Administration rules and regulations and the development standards of the airport as governed by the airport regulatory document, "Williston Basin International Airport: Development Standards." When determined by the Airport Director that a use, structure or tree as permitted is not in compliance with the Federal Aviation Administration rules and regulations and the airport regulatory document, "Williston Basin International Airport: Development Standards" the Airport Director shall issue a notice of correction outlining the non-compliance and required action by the tenant. Failure to comply with a notice of correction issued by the Airport Director shall be deemed a violation of the Ordinance No. 613, otherwise known as the Zoning Ordinance, and subject to the penalties therein.
O.
Variances. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship.
1.
Variance. A variance from the terms of this ordinance shall not be granted by the Municipal Airport Director unless and until a written application for a variance is submitted demonstrating:
a.
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
b.
That literal interpretation of the provision of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
c.
That the special conditions and circumstances do not result from the actions of the applicant.
d.
That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
2.
Non-conforming use. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. The procedure by which a variance shall be considered is as follows:
3.
Notice of public hearing. Notice of Public Hearing shall be given by the Municipal Airport Director. Notice of said Public Hearing shall be published once a week for two successive weeks prior to the time set for said hearing in the official paper of the City of Williston.
a.
The Public Hearing shall be held by the Municipal Airport Director. Any part may appear in person, or by agent, or by attorney.
b.
The Airport Director shall make written findings that the requirements of have been met by the applicant for a variance.
c.
The Airport Director shall further make a written finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
d.
Upon receipt of the written findings of the Municipal Airport Director, or in the event of the failure of the Municipal Airport Director to so report within 90 days after receipt of the written application for the variance, the Board of City Commissioners shall hold a hearing to decide the variance. Any party may appear at the hearing in person, by agent, or by attorney. If the decision of the Board of City Commissioners should differ from the findings of the Municipal Airport Director, the Board shall prepare a written report stating the findings on which their decision was made.
4.
The Board of City Commissioners. The Board of City Commissioners may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have the powers of the Municipal Airport Director from whom the appeal is taken. The Board of City Commissioners shall serve as the Board of Adjustments, unless the Board of City Commissioners otherwise creates a Board of Adjustments.
P.
Appeals to the Board of City Commissioners.
1.
Appeals to the Board of City Commissioners concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of the Municipal Airport Director. Written findings on the appeal shall be forwarded to the Board of City Commissioners within a reasonable time, not to exceed 30 days after the receipt of the appeal. The Municipal Airport Director shall forthwith transmit to the Board of City Commissioners any and all other papers constituting the record upon which the appealed action was taken. The Board of City Commissioners shall fix a reasonable time for the hearing of appeals, give public notice thereof, as well as due notice to the parties in interest and decide the same in reasonable time. At the hearing, any party may appear in person, or by agent or attorney.
2.
Legal interest. Any person or persons, or any board, taxpayer, department, board or bureau of the City who has a legal interest which is immediately, directly and adversely affected by any decision of the Board of City Commissioners may seek review by the court of record of such decision, in the manner provided by the laws of the State of North Dakota and particularly by Chapter 40-47, North Dakota Century Code.
3.
Filing an appeal. An appeal must be filed with the City Auditor within 15 days of the date the order or decision being appealed is served upon an aggrieved party. If no service is made, the aggrieved party shall have 30 days from the date such order or decision is signed to file a written notice of appeal. The Auditor shall deliver the appeal notice to the Board of City Commissioners and the Municipal Airport Director.
4.
Notice of appeal. Notice of appeal shall describe the order being appealed; the basis of such appeal; the name, address and telephone number of the appealing party; and the right or interest which has been adversely affected.
Q.
Administration and enforcement. It shall be the duty of the Municipal Airport Director to administer and enforce the Municipal Airport District regulations of this section, "The Williston Basin International Airport: Development Standards," and any applicable regulations promulgated by the Federal Aviation Administration. Applications for permits and variances shall be made to the Municipal Airport Director in a form established by the City Airport. Applications shall be promptly considered and granted or denied. The Municipal Airport District regulations of this section may be subject to the regulations promulgated by the Federal Aviation Administration.