Williston City Zoning Code
SECTION 13
R-3: lowrise multi-family and townhouse residential districts.
[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 811, Ord. No. 850, Ord. No. 853, Ord. No. 858, Ord. No. 884, Ord. No. 933, Ord. No. 959, Ord. No. 986, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062, 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 sewer, water, fire protection, and surface transportation. This district is intended primarily for lowrise-multifamily and townhouse dwellings at moderately high population densities; but 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 and two-family 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. CrossMod homes built to the HUD Code are also exempt from the Notice of Intent process. See the definitions section.
2.
Multi-family.
3.
Townhouses.
4.
Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.
5.
Structures and uses required for operation of a public utility or performance of governmental function.
E.
Special permitted uses. The following shall be considered for special permitted uses:
1.
Community centers, schools, churches, and cemeteries.
2.
Nursing homes, hospitals, and medical complexes.
3.
Quasi-institutional homes.
4.
Group child care homes and child care centers.
5.
Watchman's dwelling as an accessory use for a permitted principal use or structure.
6.
Boarding, lodging houses, and bed and breakfast inns.
7.
Fraternities and sororities.
8.
Residential parking lots.
9.
Group housing projects.
10.
Private clubs and lodges, except those whose primary activity is carried on as a business.
11.
Multifamily dwelling units with floor areas of less than 450 square feet per dwelling unit.
12.
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.
13.
Lodges, fraternities and sororities where no alcoholic beverages are sold or consumed.
14.
Commercial businesses, such as those enumerated in Section 19.C.1, located within a congregate/communal living unit containing 10 or more individual living facilities, where the intended purpose for such a business is to serve the tenants of the unit. Not more than one non-illuminated name plate shall be allowed. The name plate shall be attached flush against the building in which the business is located and shall not exceed four square feet in area.
15.
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.
G.
Minimum lot requirements.
Minimum Lot Area | Minimum Lot Width | |
|---|---|---|
Single-family detached | 6,000 square feet | 50 feet |
Two-family | 6,000 square feet | 50 feet |
Townhouse | ||
Single-story | 2,300 square feet | 24 feet |
Two-story | 2,300 square feet | 18 feet |
Multifamily | ||
Per structure | 6,000 square feet | 60 feet |
Per dwelling unit | 2,300 square feet | N/A |
Boarding, lodging, and fraternity or sorority houses | 7,200 square feet | 70 feet |
H.
Minimum yard requirements.
1.
Front yard: 20 feet.
a.
Attached or detached garage setback on new residential development: 25 feet.
2.
Side yard. A minimum of five feet on lots up to 50 feet 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 and impervious surface area ratios. The portion of the lot occupied by buildings and impervious surfaces shall not be greater than the following:
Lot Coverage By Buildings | Impervious Surface Area Ratio | |
|---|---|---|
Single-family detached | 35% | N/A |
Two-family | 35% | N/A |
Townhouse | 40% | N/A |
Multifamily | 40% | 0.70 |
Boarding, lodging, and fraternity or sorority houses | 40% | 0.70 |
Any solar collection device or related apparatus, not included as floor area of a building by definition, shall not be included in computing lot coverage. |
K.
Maximum height of buildings. The maximum height of any building shall be 45 feet.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H.
1.
Single-family, two-family, townhouses and multifamily dwellings: two spaces per dwelling.
2.
Group dwellings, fraternity, sorority, boarding or lodging facilities - One space per bedroom or sleeping room, unless it can be demonstrated that occupants will not be driving. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
N.
Other requirements.
1.
The maximum number of units in a townhouse structure shall be 12 units.
2.
Multifamily Buildings with Facades Greater Than 100 Feet.
The intent of the below requirements are to focus development on a sense of neighborhood and community as well as a long term vision. This policy is intended to put a focus on the design stage for future housing stock. End results should create some diversity in styles that build community character and a sense of neighborhood, ultimately raising the quality of life for residents and neighbors of the buildings.
Multifamily buildings with facades greater than 100 feet shall meet one of the following guidelines:
a.
Facades greater than 100 feet shall incorporate "structural" projections or recesses in the wall plane with a depth of at least 3% of the length of the facade and extending for at least 20% of the length of the facade. Maximum uninterrupted length of wall shall be 100 feet.
b.
Facades shall display a repeating pattern of at least three cycles of either color change, texture change, material change, or expression of structural bays with an offset of at least 12 inches from the ruling plane of the facade.
c.
Alternatives to these guidelines may be presented and if through elevations and other visual descriptors can demonstrate the proposed structure provides equal visual interest and scale contributing to long term community appeal, sustainable neighborhoods and meeting the intent clause of this policy. Review would be by written request for consideration of alternative styles to the Planning Department for decision by the Planning Director.
d.
Application. With a building permit application submit elevations demonstrating how the building meets the listed criteria.
3.
See Section 25.R, Landscaping.
4.
See Section 25.S, Buffer Yards.