Williston City Zoning Code
SECTION 25
F Additional yard regulations.
[Amended 7-27-2021 by Ord. No. 1127]
1.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices and ornamental features which are not to exceed 2 feet.
2.
Planters not more than 3 feet in height may extend not more than 3 feet into any required yard.
3.
Open-lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and the ordinary projections of chimneys and flues may be permitted by the Building Official for a distance of not more than 3.5 feet into any side or rear yard and where the same are so placed as not to obstruct light and ventilation.
Any uncovered, open deck or porch shall have the same rear and side setback requirements as provided for accessory buildings under Section 25B of this chapter whether or not such deck is attached to the main building; all other setbacks shall be as follows:
Covered decks and porches, both enclosed and unenclosed, are considered part of the principal structure for determining setback requirements, including setbacks required for accessory buildings.
A covered or uncovered porch which is placed in front of the main entrance of the principal building and which is not more than 4 feet wider than the entrance, may project into a required front yard a distance of not more than 6 feet. A front entrance porch or deck or a front yard porch or deck may not be higher than the first floor entrance to the building.
An apparatus needed for the operation of active and passive solar energy systems may also project into required yards, including but not limited to, overhangs, movable insulating walls and roof, detached solar collectors, reflectors, and piping.
4.
Telecommunication dishes, when not placed on top of a building, shall be considered as an accessory building; and therefore, must meet setbacks required thereof.
5.
Where lots have double frontage, the required front yards shall be provided on both streets except in the M-3: Industrial Park District where minimum rear yard setback for double frontage lots shall be 12 feet from the property line.
6.
The front yards heretofore established shall be adjusted in the following cases:
a.
Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with two or more buildings that have (with a variation of 5 feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.
b.
Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required then: Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on each side; or, where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
8.
Required setbacks for additions to existing principal structures shall be in accordance with established setback lines; however, a minimum of 3 feet must be maintained.
9.
Parking and construction for townhouses and condominiums shall be in accordance to the development proposal as submitted to and approved by the City and shall meet covenants which are on the property. Parking and driveways shall not be located in required front yards except where garages have been provided for in the development proposal.