§ 50-98. Airport land use restrictions.

(a)

Use restrictions. Notwithstanding any other provision of this division, no use may be made of land or water within any zones established by this division in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:

(1)

All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereof.

(2)

No operations from any type shall produce smoke, glare or other visual hazards within three statute miles of any usable runway of a public airport.

(3)

No operations from any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(4)

Use of land within the accident potential hazard area shall prohibit high-density residential use, schools, hospitals, storage of explosive material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash.

(b)

Lighting. Notwithstanding the provisions of subsection (a) of this section, the owner of any structure over 200 feet above ground level shall install lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460-1D and Amendments thereto on such structure. Additionally, high-intensity white obstruction lights shall be installed on a high structure which exceeds 749 feet above mean sea level. The high-intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory Circular 70-7460-1D and Amendments.

(c)

Variances. Any person desiring to erect or increase the height of any structures, or use his property not in accordance with the regulations prescribed in this division, may apply to the board of adjustment for a variance from such regulations. No application for variance to the requirements of this division may be considered by the board of adjustment unless a copy of the application has been furnished to the appropriate zoning administrator of either the county or Williston Airport Authority.

(d)

Hazard marking and lighting. Any permit or variance granted shall require the owner to mark and light the structure in accordance with Federal Aviation Administration Advisory Circular 70-7460-1D or subsequent revisions. The permit may be conditioned to permit the county or the City of Williston, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant.

(e)

Airport noise zones. No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNR 85 dBA contour) unless the prospective buyer or lessee has been given the following notice in writing:

"Noise Warning - This land lies beneath the aircraft approach and departure routes for the Williston Municipal Airport and is subject to noise that may be objectionable."

(Ord. No. 77-3, § V, 9-29-1977)