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Williston City Zoning Code

SECTION 21b

2nd Street West Commercial Overlay District.

[Added 4-12-2022 by Ord. No. 1130]
A. 
Intent.
This overlay district is intended to provide flexibility within the area defined by Exhibit A[1] of the existing C-2: General Commercial District for existing lots constrained by lot size, commercial access to off-street parking, restrictions on alley use for commercial purposes and non-conforming residential structures.
Goals of the district include:
1. 
Create viable uses for interior lots without commercial access from 2nd Street West or adjacent side streets.
2. 
Minimize spillover parking concerns in the adjacent residential area.
3. 
Encourage parcels to be merged with corner lots having side street access.
[1]
Editor's Note: Exhibit A, 2nd Street West Overlay District, is attached to this chapter as Attachment 11.
B. 
Lot Types and Requirements.
1. 
Corner lots that are 7,000 square feet or less with side street access may utilize Section 21b.C. or follow all requirements of Section 20.C. and Section 25.H.
2. 
Corner lots with side street access that are greater than 7,000 square feet must meet all requirements in Section 20C. and Section 25.H.
3. 
Lots with no commercial access to 2nd Street West or to a side street, referred to as "interior lots" or "no access lots" may utilize the Maximum Use allowances in Section 21b.C.
C. 
Maximum Use Allowance.
1. 
Maximum allowed use size for new or expanded buildings:
a. 
Retail: 130 square feet of retail GFA per 1,000 square feet of lot size (Ex: 910 square feet of retail GFA on a 7,000 square feet lot).
b. 
Restaurant: 70 square feet of restaurant GFA per 1,000 square feet of lot size (Ex: 490 square feet of restaurant GFA on a 7,000 square feet lot).
c. 
Office: 145 square feet of office GFA per 1,000 square feet of lot size (Ex: 1,015 square feet of office GFA on a 7,000 square feet lot).
d. 
Barber Shop or Salon: 1 chair per 3,500 square feet of lot size (Ex: 2 chairs on a 7,000 square feet lot).
2. 
Maximum allowed use size on existing buildings:
a. 
For existing buildings that are smaller than the building sizes listed above, expansion is allowed up to the allowances listed above.
b. 
For existing buildings that are larger than the allowances above, the full size of the building may be used, but no expansion is allowed.
3. 
Parking Requirements: See Section 21b.O.
4. 
There is no maximum use allowance when following Sections 20.C and 25.H other than the lot development standards of Section 21b.
D. 
Permitted Uses.
The following uses shall be permitted in Subsection C. Maximum Use Allowance: The allowable uses in this district shall not be limited to those enumerated as permitted uses, however, all uses shall be similar in character.
1. 
Retail:
a. 
Small business machine sales, bicycle shops and sales, office supply and office equipment stores, print shops.
b. 
Antique shops and stores, providing all merchandise is displayed and sold inside a building, art and art supply stores.
c. 
Apparel and accessory stores, clothing and costume rental shops, custom dressmaking shops, tailor shops, jewelry and metal and handicraft stores, 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.
d. 
Book and stationary stores, florist, gift shops, music stores; picture frame shops.
2. 
Office:
a. 
General office.
b. 
Photographic studios.
3. 
Restaurants/Catering Establishments.
4. 
Barber/Beauty shop.
5. 
Dwellings: Apartment above the ground floor provided the ground floor is used as a permitted use listed and the allowable usable area in Subsection C. has not already been maximized on the ground floor.
E. 
Alley Parking.
No parking is required for lots utilizing Section 21b.C. The property owner may utilize two parking spaces in the rear of the property with alley access if they choose, as long as the following provisions are met:
1. 
The two parking stalls are for private use of the owner/employee only, and are not for public use.
2. 
For parking stalls accessing the alley, the stalls shall be paved with hot-mix asphalt or concrete, and must be 25' long and 10' wide.
3. 
Parked vehicles shall not encroach on the alley.
F. 
Loading and Unloading.
Loading and unloading of commercial delivery vehicles is prohibited in the alley. Commercial vehicle deliveries shall occur from 2nd Street West.
G. 
Design Guidelines.
Residential buildings that convert to a commercial use shall, at a minimum, re-roof, and reside or repaint the structure to a good condition standard required by the Development Services Director, unless the owner can demonstrate it has recently been improved. Structures will need to meet all applicable building code requirements through the Building Department.
H. 
Permitted Accessory Uses and Structures.
Uses and structures that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including solar energy systems.
Accessory buildings and sheds shall not be located within 20 feet of the front property line and should be located behind the principal structure that faces 2nd Street West.
I. 
Special Permit Temporary Uses.
None, other than those allowed under Section 25.O.
J. 
Minimum Lot Requirements.
New lots cannot be created less than 7,000 square feet.
K. 
Minimum Yard Requirements.
Front yard: no front yard setback for principal structures.
Rear yard: Any structure must be a minimum of three feet from the rear property line adjacent to the alley right of way.
Side yard: None.
L. 
Maximum Lot Coverage by Buildings.
None.
M. 
Minimum Floor Area.
None.
N. 
Maximum Height of Buildings.
No structure shall exceed 45 feet in height.
O. 
Off-Street Parking Requirements.
Parking allowance: no off-street parking is required for uses which fall under Section 21b.C. Maximum Use Allowance.
Properties that must comply with the uses of Section 20.C. shall meet the requirements of 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.
P. 
Combined Lots.
Lots can be merged to include multiple structures including non-conforming residences.
Q. 
Other Requirements.
1. 
See Section 25.R., Landscaping.(Ord. No. 1007)
2. 
See Section 25.S., Buffer Yards.(Ord. No. 1007)