Williston City Zoning Code
SECTION 11
R-1: Single-Family Residential District.
[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 807, Ord. No. 809, Ord. No. 811, Ord. No. 850, Ord. No. 853, Ord. No. 866, Ord. No. 884, Ord. No. 933, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062, Ord. No. 1079, Ord. No. 1090; amended 1-28-2025 by Ord. No. 1159]
A.
Intent. This district is intended to include lands suited by topography and other natural conditions for urban development and which are provided with a full range of public services, including sewers and water. This district is intended primarily for single-family detached dwellings at moderate population densities, but certain structures and uses required to serve governmental, educational, religious, recreational and other needs of residential areas are allowed, as permitted, or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.
B.
Minimum dimensional requirements. The minimum area for this district shall be two acres.
C.
Permitted uses and structures. The following shall be permitted:
1.
a.
Single-family detached dwellings.
b.
Housing structures built off-site and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:
(i)
A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the dwelling is to be placed.
(ii)
The Building Official shall grant or deny the permit after 10 working days from the day that the notice was sent to the adjoining property owners.
(iii)
The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.
(iv)
New modular or prefabricated living units built off-site, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent process. Cross Mod homes built to the HUD Code are also exempt from the Notice of Intent process. See the definitions section.
2.
Parks, playgrounds, and open space for informal recreation.
3.
Structures and uses required for operation of a public utility or performance of a governmental function.
E.
Special permitted uses. The following shall be considered for special permitted uses:
1.
a.
Two-family dwellings.
b.
Housing structures built offsite and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:
(i)
A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the welling is to be placed.
(ii)
The Building Official shall grant or deny the permit after 10 working days from the day that the notice was sent to the adjoining property owners.
(iii)
The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.
(iv)
New housing structures built offsite, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent Process.
2.
Community centers, schools, churches, and cemeteries.
3.
Nursing homes, hospitals, and medical complexes.
4.
Quasi-institutional homes.
5.
Group child care homes and child care center.
6.
Watchman's dwelling as an accessory use for a permitted principal use or structure.
7.
Games of chance, provided they are associated with other public or quasi-public uses as listed in the City's Land Use Classification System and allowed in the district.
8.
Bed and breakfast inns.
9.
Lodges, fraternities and sororities where no alcoholic beverages are sold or consumed.
10.
Professional offices as defined in this ordinance provided that a Special Permitted Use for the professional office may only be granted to allow professional offices to operate in already existing structures that are along an arterial street and have not previously been used as a residence. Any new construction to the existing structure must be compatible with the general appearance of the surrounding neighborhood, no metal buildings. Lighting of the structure must also be in harmony with the surrounding neighborhood. It is encouraged that the property not take direct access from any residential or collector streets.
H.
Minimum yard requirements.
2.
Side yard. A minimum of five feet on fifty-foot lots and six feet on lots greater than 50 feet in width. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:
a.
A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.
3.
Rear yard: 20 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.
I.
Maximum lot coverage by buildings. Not more than 35% of the lot shall be covered by the principal building and all accessory buildings. Any solar collector device or related apparatus, not included as floor area of a building by definition, shall be included in computing lot coverage.
J.
Minimum floor area. The minimum floor area of any dwelling excluding attached garage shall be 800 square feet.
K.
Maximum height of buildings. The Maximum height of any building shall be 35 feet.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H. Two spaces per dwelling. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.