Williston City Zoning Code
SECTION 21
C-3: restricted commercial district.
[Ord. No. 613, Ord. No. 633, Ord. No. 645, Ord. No. 662, Ord. No. 703, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 850, Ord. No. 865, Ord. No. 914, Ord. No. 959, Ord. No. 961, Ord. No. 1007, Ord. No. 1025, Ord. No. 1028, Ord. No. 1052 Ord. No. 1062, Ord. No. 1075, Ord. No. 1092]
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 arterial streets, or are intended to be provided with such services in the near future. This district is intended to protect and encourage the development of community core areas that function efficiently as centers of community business activity.
The allowable uses in this district shall not be limited to those enumerated as permitted uses and structures or special permitted uses; however, all uses shall be similar in character. Also, uses similar to those specified in the district shall not be dangerous or detrimental to persons living or working in the vicinity, or to the public welfare, nor shall they impair the use, enjoyment or value of any property in the district.
B.
Minimum dimensional requirements. The minimum area for this district shall be two acres.
C.
Permitted Uses and Structures in the C-3 Restricted Commercial District, excluding the 2008 Renaissance Zone. The following uses shall be permitted:
1.
Small business machine sales, repair and service shops, auto supply stores, bicycle shops, and household appliance repair shops.
2.
Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, and commercial recreation uses, and games of chance.
3.
Antique shops and stores, providing all merchandise is displayed and sold inside a building, art and art supply stores.
4.
Apparel and accessory stores, clothing and costume rental shops, custom dressmaking shops, furrier shops, tailor shops, department stores, jewelry, metal and handicraft stores, specialty shops, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic goods stores, toy stores, variety stores and other specialty shops.
5.
Governmental services, auditorium and similar places of public assembly, libraries, and museums.
6.
Banks and other savings and lending institutions, offices and office buildings, office supply and office equipment stores, newspaper offices, printing and publishing offices.
7.
Barber and beauty shops, dry cleaners and laundry establishments, book and stationery stores, cigar and tobacco shops, drug stores, florist, and gift shops.
8.
Business and technical schools; schools for photography, music and dance; music stores; photographic studios, and picture frame shops.
9.
Churches.
10.
Delicatessen and catering establishments, grocery stores, and restaurants.
11.
Furniture and home furnishings stores, hardware stores, household appliance stores, and interior decorating shops.
12.
Hotels, motels, and lodges.
a.
Hotel/motel: the definition for "hotel or motel is in Section 31 of the Zoning Ordinance and states "a building used as a transient abiding place for persons who are lodged for compensation."
b.
Lodging houses as defined in Section 31, are not permitted. Lodges are defined as a building or portion thereof or premises owned or operated by any corporation or association organized for civic, fraternal, social, or business purposes, or for the promotion of sports.
13.
Medical, dental and health clinics, medical and orthopedic appliance stores, opticians, and optometrist shops.
14.
Nursing homes, hospitals and medical complexes.
15.
Mortuaries.
16.
Dwelling units, provided the ground floor is used as a permitted C-2 General Commercial use as defined by Section 20.C. of this ordinance or amendments thereof and the basement of the building is not used as a dwelling unit.
[Amended 6-9-2020 by Ord. No. 1111]
a.
Pursuant to Subsection 21.C.16, dwelling unit shall mean an individual dwelling unit for a single family with a minimum living area of 450 square feet and containing its own restroom and cooking facilities. Residential units are intended to be standard apartments and would fall under the definition of family in Section 31. Individual dwelling units greater than three bedrooms can be considered with an SPU.
b.
Dwelling units will be considered above commercial (non-retail) space as a special permitted use.
17.
Group child care homes and child care centers.
18.
Railroad and railroad right-of-ways, taxi, or bus stations.
19.
Pet shops.
D.
Permitted uses and structures in the C-3 Restricted Commercial District within the 2008 Renaissance Zone.
The following uses shall be permitted:
Intent of Zoning within the 2008 Renaissance Zone. Within the Renaissance Zone, properties that are zoned C-3 are permitted to contain dwellings above the first floor, as long as the first floor of the building is used as retail space and the basement is not used as a dwelling. "Retail Space" does not include offices, and is intended to include restaurants and shops that sell goods. These uses fall under the building code "M" (Mercantile) Occupancy. Offices will be allowed on the second floor within the Renaissance Zone. Dwelling unit means an individual dwelling unit for a single family with a minimum living area of 450 square feet and containing its own restroom and cooking facilities. Individual dwelling units greater than three bedrooms can be considered with an SPU. Dwelling units are intended to be standard apartments and would fall under the definition of family in Section 31.
The following are subject to review and approval at the time of the building permit for any proposed residential, including the Renaissance Zone:
a. Applicable building and fire codes. |
b. Verification from private lot owner or the Parking Authority that off-street parking for the proposed uses can be provided. |
c. Consideration for loading/unloading demands for the associated business and residential use. |
The following are subject to review and approval at the time of the building permit for any proposed development, including the Downtown District:
a. Applicable building and fire codes. |
b. Verification from private lot owner or the Parking Authority that off-street parking for the proposed uses can be provided. |
c. Consideration for loading/unloading demands for the associated business and residential use. |
d. Review by the Downtown Design Review Board, as established in Resolution No. 16-063 and as noted in Section 21.O. Any exterior modification in the Downtown District is required to be presented to the Downtown Design Review Board, regardless of whether the work requires a building permit. |
1.
Small business machine sales, repair and service shops, auto supply stores, bicycle shops, and household appliance repair shops.
2.
Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, and commercial recreation uses, and games of chance.
3.
Antique shops and stores, provided all merchandize is displayed and sold inside a building, art and art supply stores.
4.
Apparel and accessory shops, clothing and costume rental shops, custom dressmaking shops, furrier shops, tailor shops, department stores, jewelry, metal and handicraft stores, specialty shops, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic good stores, toy stores, variety stores and other specialty stores.
5.
Governmental services, auditorium and similar places of public assembly, libraries and museums.
6.
Banks and other savings and lending institutions, offices and office buildings, office supply and office equipment stores, newspaper offices, printing and publishing offices.
7.
Barber and beauty shops, dry cleaners and laundry establishments, book and stationery stores, cigar and tobacco shops, drug stores, florist and gift shops.
8.
Business and Technical schools; schools for photography, music and dance; music stores; photographic studios, and picture frame shops.
9.
Churches.
10.
Delicatessen and catering establishments, grocery stores, and restaurants.
11.
Furniture and home furnishing shops, hardware stores, household appliance stores, and interior decorating shops.
12.
Hotels, motels, and lodges.
a.
Hotel/motel: the definition for "hotel or motel" is Section 31 of the Zoning Ordinance and states "a building used as a transient abiding place for persons who are lodged for compensation."
b.
Lodging houses as defined in Section 31, are not permitted. Lodges are defined as a building or portion thereof or premises owned or operated by any corporation or association organized for civic, fraternal, social, or business purposes, or for the promotion of sports.
13.
Medical, dental and health clinics, medical and orthopedic appliance stores, opticians, and optometrist shops.
14.
Nursing homes, hospitals, and medical complexes.
15.
Mortuaries.
16.
Dwelling Units, provided the ground floor is used as retail space, and the basement of the building is not used as a dwelling unit.
a.
Pursuant to Subsection 21.D.16, dwelling unit shall mean an individual dwelling unit for a single family with a minimum living area of 450 square feet and containing its own restroom and cooking facilities. Residential units are intended to be standard apartments and would fall under the definition of family in Section 31. Individual dwelling units greater than three bedrooms can be considered with an SPU.
17.
Group child care homes and child care centers.
18.
Railroad and railroad right-of-ways, taxi or bus stations.
19.
Pet shops.
E.
Permitted accessory uses and structures in both Sections 21.C and 21.D. Uses and structures that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including solar energy systems.
F.
Special permitted uses in both Sections 21.C and 21.D. The following shall be considered for special permitted uses:
F(1).
Temporary uses in both Sections 21.C and 21.D.
None, other than those allowed under SECTION 25.O.
G.
Minimum lot requirements in both Sections 21.C and 21.D. None.
H.
Minimum yard requirements in both Sections 21.C and 21.D. None.
I.
Maximum lot coverage by building in both Sections 21.C and 21.D. None.
J.
Minimum floor area in both Sections 21.C and 21.D. The minimum floor area for individual dwelling units which are located with permitted principal uses, shall be 450 square feet.
K.
Maximum height of buildings in both Sections 21.C and 21.D. Except as provided in Section 25.D., no structure shall exceed 10 stories, or 100 feet in height, provided that no structure or portion of a structure shall be erected to a height exceeding 45 feet on any portion of a lot less than 20 feet in distance from any portion of a lot in any C-1 or Residential District.
L.
(Reserved)
M.
Off-street parking requirements in both Sections 21.C and 21.D. See Section 25.H. 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 in both Sections 21.C and 21.D.
1.
See Section 25.R., Landscaping.
2.
See Section 25.S., Buffer Yards.
3.
In the Downtown District, designated by Exhibit 21.A and the Downtown Plan, adopted in 2014 by the Williston City Commission, there are building materials that are inappropriate for a downtown area and are inconsistent with the Downtown Plan. To further the goals of the Downtown Plan, and as established by Resolution No. 16-063 property owners applying for building permits within the downtown area must apply to the Design Review Board prior to applying for building permits. The Design Review Board will ensure a building's consistency with the Downtown Plan and Downtown Design Review Guidelines. In addition, any exterior modification in the Downtown District is required to be presented to the Downtown Design Review Board, regardless of whether the work requires a building permit.
EXHIBITS Exception Parcels is included as an attachment to this chapter. Downtown Boundary Map - See following Williston 2008 Renaissance Zone - See following  |
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