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Williston City Zoning Code

SECTION 31

Definitions.

[Ord. No. 613, Ord. No. 639, Ord. No. 662, Ord. No. 703, Ord. No. 716, Ord. No. 728, Ord. No. 749, Ord. No. 809, Ord. No. 811, Ord. No. 864, Ord. No. 867, Ord. No. 884, Ord. No. 887, Ord. No. 912, Ord. No. 922, Ord. No. 936, Ord. No. 959, Ord. No. 960, Ord. No. 962, Ord. No. 963, Ord. No. 964, Ord. No. 968, Ord. No. 985-B, Ord. No. 1000, Ord. No. 1009, Ord. No. 1032, Ord. No. 1092; amended 7-27-2021 by Ord. No. 1127; 1-25-2022 by Ord. No. 1129; 1-28-2025 by Ord. No. 1159; 4-8-2025 by Ord. No. 1160]
The following words, terms, and phrases are hereby defined and shall be interpreted in the same fashion throughout this ordinance. The word "including" shall mean including but not limited to. The word "shall" is always mandatory. The word "may" is permissive. Words used in the present tense shall include the future tense and words used in the singular shall include the plural. Terms not herein defined shall have the meaning customarily assigned to them, first by the definition found in the State Building Code and thereafter as found in Webster's Dictionary.
ABUT
To physically touch or border upon; to share a common property line.
ACCESS
A way or means of approach to provide physical entrance to property.
ACCESSORY BUILDING AND USES
A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.
ADULT BOOKSTORE
See Section 25.N Adult Entertainment.
ADULT CINEMA
See Section 25.N Adult Entertainment.
ADULT ENTERTAINMENT
See Section 25.N Adult Entertainment.
AGRICULTURE
The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man.
AIRPORT
A place where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair and various accommodations for passengers.
ALLEY
A way which affords only a secondary means of access to abutting property.
ALTERATION
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions; any change in doors, windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.
AMUSEMENT PARK
An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.
AMUSEMENT PLACES
Establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls, studios, theatrical producers; bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, and coin-operated devices; membership sports and recreation clubs; swimming pools; expositions and game parlors.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ANIMAL UNIT
Each animal unit shall consist of the number of animals of each kind as listed below, plus its young:
One mature beef or dairy animal.
One horse.
One and one-half feeder cattle.
Two swine.
ANNEXATION
The incorporation of land area into the City with a resulting change in the boundaries of the City.
ANTENNA
See Section 25.W. Wireless Communication Facilities.
APARTMENT
A room or suite of rooms in a multiple dwelling used or designed for occupancy by a single family.
APPROVED SURFACE
Durable, dust-free, non-tracking surface approved by the Building Official.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
AUTOMOBILE SALES
The use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.
AUTOMOBILE SERVICE STATIONS
Any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT
Any floor level below the first story in a building.
BED AND BREAKFAST INN
An owner-occupied house, or portion thereof, where short-term lodging rooms with or without meals, are provided for compensation. The operator of the inn shall live on the premises or in adjacent premises. The unit shall contain no more than seven guest rooms for lodging.
BEVERAGE KIOSK
See Section 25.T Beverage Kiosks.
BLOCK
That property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier to or gap in the continuity of development along such street.
BOARDING HOUSE
See Lodging House.
BUFFER ZONE
Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDING
A structure having a roof supported by columns or walls.
BUILDING ACCESSORY
A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
BUILDING AREA
That portion of the lot that can be occupied by the principal use, excluding the front and side yards.
BUILDING LINE
That edge of a building nearest a lot line.
BUILDING OFFICIAL (INSPECTOR)
The Building Official of Williston, North Dakota.
BUILDING PERMIT
Written permission issued by the Building Official for the construction, repair, alteration, or addition to a structure.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
CARWASH
Any building or premises or portions thereof used for washing automobiles.
CERTIFICATE OF OCCUPANCY
A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
CHILD CARE CENTER
A child care facility where supplemental care is regularly provided to 19 or more children which is subject to requirements as set forth in Chapter 50-11.1 of the North Dakota Century Code.
CHILD CARE FACILITY (PUBLIC OR PRIVATE)
Any facility where supplemental parental care is regularly provided, whether the facility is known as a day care home, day care center, day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known by any other name.
CLINIC
An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not usually lodged overnight.
COMMERCIAL FEED LOT
Any building, structure, enclosure, or premises used, designed, or intended for the commercial feeding of two or more animals which is operated as a separate pursuit and not incidental to farming.
COMMERCIAL RECREATION USE
A commercialized recreational or entertainment use including but not limited to the following: bowling alley, miniature golf, skating rink, tennis club, handball or racquetball club, health club, pool hall, and arcade.
CONDOMINIUM
An estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure on such real property.
COURT
An open unoccupied space on the same lot with a building and bound on two or more sides by such building, or the open space provided for access to a dwelling group.
CROSSMOD
Factory built housing that meets applicable federal HUD construction code, Fannie Mae's MH Advantage Mortgage Financing eligibility, Freddie Mac's CHOICE Home appraisal eligibility (or any subsequent government program) and has the following characteristics: site-built porch and attached garage, a front door facing the street, a minimum 5/12 roof pitch and must be placed on a permanent foundation.
DECK, ENCLOSED
A patio or platform with a watertight cover. Enclosed decks may have the capability of being screened at a later date. Enclosed decks shall be considered in maximum lot coverage. Enclosed decks shall not be habitable for year around use.
DECK, OPEN
A patio or platform with or without railings, more than 12 inches above grade and not over any basement or story below which is not being obstructed from the platform upward, therefore, being open to the sky. Open decks shall not be considered as part of the maximum lot coverage, if the floor is so constructed as to allow the percolation of water.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.
DISPLAY SURFACE
The area made available by the sign structure for the purpose of displaying the advertising message.
DISTRICT
A section or sections of the City of Williston for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DORMITORY
A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institutional use.
DOUBLE FRONTAGE LOTS
These lots which extend continuously between two parallel (or approximately parallel) streets bounding a block. A block containing double frontage lots is composed of one rather than two tiers of lots.
DRIVEWAY
A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
DRIVING AISLE
In a parking lot that portion of a lot which allows ingress and egress of vehicles from a public or private right-of-way to the parking stall.
DWELLING
Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING UNIT
Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation.
DWELLING, DUPLEX
A dwelling comprised of two single-family dwelling units, separated horizontally or vertically, within a single building on a single lot.
DWELLING, GROUP QUARTERS
A dwelling such as dormitories, fraternities, sororities, and the like which house unrelated individuals.
DWELLING, MULTIPLE-FAMILY
A single building designed for and occupied by more than two families.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means and meets the following requirements:
1. 
Is designed to be located on a permanent continuous frost-protected perimeter foundation that meets applicable local City building code requirements, such that the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of surrounding dwelling units; the following zoning districts are exempt from this requirement and could use a pier foundation with skirting: A: Agriculture, R-1A: Rural Residential, R-5: Mobile Home Court, R-6: Manufactured Home Subdivision.
2. 
If dwelling is site-built or built off site and moved to the building site it shall be constructed in accordance with the provisions of all state and local building codes.
3. 
If dwelling is factory built off site and moved to the building site and defined as a modular or prefabricated living unit, it shall be constructed in accordance with all state and local building codes governing construction.
4. 
If dwelling is factory built off site and moved to the building site and defined as a CrossMod, it shall be constructed in accordance with federal HUD codes governing its construction.
5. 
If dwelling unit is fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the HUD Federal Manufactured Housing Construction and Safety Standards Act of 1974 (24 CFR 3280), the HUD approved housing unit must have the hitch, axles and wheels removed; the roof shall be double-pitched and covered with material that is residential in appearance, including, but not limited to: wood, metal (no corrugated or sheet metal shall be used, no galvalume color shall be used), asphalt shingles or fiberglass; the exterior siding cannot have a high-gloss finish and must be covered with an exterior material customarily used on conventional dwellings, including but not limited to vinyl or metal siding, wood or similar material; units located within the R-1 and R-2 Districts shall have no less than a twenty-foot width; units located within the R-3 District shall have no less than an eighteen-foot width; units shall be no more than 15 years old at the time of placement regardless of zoning district.
6. 
All single-family dwellings shall be considered and taxed as real property pursuant to 57-02-04 NDCC.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, each dwelling is located on a separate lot, and each unit is separated from any other unit by one or more common fire resistant walls.
DWELLING, TWINHOME
A dwelling comprising two single-family dwelling units on individual, fee-ownership lots, joined vertically by a party wall at the common property line, with each unit having its own front and rear entrances, front and rear yards, and a side yard on one side of the lot, and with attached garages facing a public street.
DWELLING, TWO-FAMILY
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot. This also includes a building containing two single-family dwelling units located on the same lot. A two-family dwelling must comply with the following requirements:
1. 
Is designed to be located on a permanent continuous frost-protected perimeter foundation that meets applicable local City building code requirements, such that the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of surrounding dwelling units;
2. 
If dwelling is site-built or built off site and moved to the building site it shall be constructed in accordance with the provisions of all state and local building codes;
3. 
If dwelling is factory built off site and moved to the building site and defined as a Modular or Prefabricated Living Unit, it shall be constructed in accordance with all state and local building codes governing construction.
4. 
If dwelling unit is fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the HUD Federal Manufactured Housing Construction and Safety Standards Act of 1974 (24 CFR 3280), the HUD approved housing unit must have the hitch, axles and wheels removed; the roof shall be double-pitched and covered with material that is residential in appearance, including, but not limited to: wood, asphalt shingles or fiberglass; the exterior siding cannot have a high-gloss finish and must be covered with an exterior material customarily used on conventional dwellings, including but not limited to: vinyl or metal siding, wood or similar material; units located within the R-1 and R-2 Districts shall have no less than a twenty-foot width; units located within the R-3 District shall have no less than an eighteen-foot width; units shall be no less than 10 years old at the time of placement.
5. 
All two-family dwellings shall be considered and taxed as real property pursuant to 57-02-04 NDCC.
EATING AND DRINKING ESTABLISHMENTS
Establishments selling food and drink prepared on the premises for take out or consumption on the premises.
EGRESS
An exit.
ENLARGEMENT
An increase in the size of an existing structure.
EXISTING USE
The use of a lot or structure at the time of enactment of this ordinance.
FACADE
The exterior wall of a building exposed to public view or the wall viewed by persons not within the building.
FAMILY
One or more persons occupying a dwelling unit as members of a single housekeeping organization. A family may include not more than four persons not related by blood, marriage, or adoption.
FAMILY CHILD CARE HOME
A private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school age children
FARM
A parcel of land used for agricultural purposes.
FARM RESIDENCE
A residential dwelling located on and directly associated with a farm.
FARMERS MARKET
An indoor or outdoor event for merchants or vendors who sell local agricultural products or crafts directly from the farmer to the consumer.
FLEA MARKET OR SWAP MEET
An indoor or outdoor event for a group of merchants or vendors organized and managed by the owner of the property or flea market association, who conducts the display, trade, and sale of used products or merchandise.
FLOOD HAZARD BOUNDARY MAP
Deleted.
FLOOD INSURANCE RATE MAP (FIRM)
The official map issued by the Federal Emergency Management Agency (FEMA) where areas of special flood hazard are designated as Zone A.
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of waters, and/or
2. 
The unusual and rapid accumulation or runoff of surface water from any source.
FLOOR AREA
The total number of square feet of floor space within the exterior walls of a building, not including space in basements, carports, or garages.
FRONTAGE
All property on one side of a street between the intersecting streets (crossing or terminating) measured along the property line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GAMES OF CHANCE
Those gaming operations as defined under 53-06.1-07 of the North Dakota Century Code which include bingo, raffles, pull tabs, jars, punchboards, 21, and sports pools for professional sports only.
GARAGE, PRIVATE
An accessory building or portion of main building on the same lot and used for the storage only of private passenger motor vehicles, not more than two of which are owned by others than the occupants of the main building.
GARAGE, PUBLIC
A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles.
GARAGE, REPAIR
A building for space for the repair or maintenance of motor vehicles. Garage repair does not include factory assembly of motor vehicles, auto wrecking establishments, or junkyards.
GREENHOUSE
See Section 25.O. Temporary Uses and Structures.
GROUP CHILD CARE HOME (FACILITY)
A child care facility where supplemental care is regularly provided for eight to eighteen children, which is subject to requirements as set forth in Chapter 50-11.1 of the North Dakota Century Code.
GUEST ROOM
A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.
HARD SURFACE
To consist of concrete asphalt.
HOME OCCUPATIONS
An occupation or activity carried on in the principal building or accessory building of a residential zoned property, which meets all the following conditions:
1. 
The occupation is carried on by a member or members of the immediate family residing on the premises, and up to one additional person who is not a member of the immediate family.
2. 
The occupation is incidental to the use of the premises. The main activity of the dwelling place remains a dwelling and such home occupation does not alter the character or appearance of the existing residence.
3. 
Not more than one non-illuminated nameplate is used. The nameplate shall be attached flush against the building and shall not exceed four square feet in area.
4. 
The occupation does not occupy more than 25% of the floor area of the principal or accessory building. The occupation may be conducted within the garage provided the operation does not interfere with the minimum off-street parking requirements.
5. 
No outdoor storage or display of products is allowed to be located from the exterior of the building indicating that the premises is being used in part for any purpose other than a dwelling.
6. 
Occupation or trade vehicles used in conjunction with a home occupation shall be restricted to two vehicles per residence. The parking of such vehicle shall not interfere with the minimum off-street parking requirements for the property. Heavy commercial vehicles are prohibited.
7. 
No mechanical equipment is used except of a type that is normally used for purely domestic or household purposes.
8. 
The operation of the occupation does not emit loud noise, foul odors, or bright lights in a manner which disturbs or interferes with the peace and comfort of a nearby residence.
9. 
No alteration of the principal building changes the character thereof as a dwelling.
10. 
The following are hereby declared to be customary home occupations as intended by this ordinance:
a. 
Office for the emergency consultation and treatment including the general practice of a doctor, chiropractor, dentist, lawyer, clergyman, and other recognized professions.
b. 
Other state licensed personal services such as, but not limited to masseuses, beauticians, estheticians, etc.
c. 
Dressmaking, sewing, millinery, and similar occupations; artist, sculptor, and similar occupations.
d. 
The giving of voice, piano, or other musical instrument lessons.
e. 
Hobbies such as growing of tropical fishes, collection of articles, and loading of shot shells, provided that all safety requirements have been met.
11. 
Mobile commercial businesses/mobile businesses are not a permitted home occupation unless conducting private service only.
12. 
The determination as to whether or not a particular profession or occupation is similar to those enumerated here in and is permissible as a home occupation shall be made by the Planning and Zoning Commission, after notification by the individual requesting such determination to all property owners located within 300 feet of the property where the home occupation will be conducted. Evidence of such notification shall be presented to the Planning and Zoning Commission prior to consideration of the request for determination of home occupation.
13. 
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
HOTEL OR MOTEL
A building used as a transient abiding place for persons who are lodged for compensation.
IMPERVIOUS SURFACE
A material which reduces and prevents absorption of storm water into the ground.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.
INGRESS
Access or entry.
INSTITUTIONS
A building occupied by a nonprofit corporation or nonprofit establishment for public use.
JUNK YARD
An area of more than 200 square feet, or any area not more than 50 feet from any street, used for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials or goods, used for dismantling, demolition, or abandonment of automobiles or other vehicles or machinery, or parts thereof.
KENNEL
An establishment in which more than two dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold. The keeping and selling of one litter or offspring per year of a family pet shall not be deemed to be a kennel.
LAND USE
A description of how land is occupied or utilized.
LOADING SPACE
An off-street space or berth used for the loading or unloading of commercial vehicles.
LODGE
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.
LODGING HOUSE
A building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by prearrangement for definite periods of time, for compensation, for three or more persons in contradistinction to hotels open to transients.
LOT AREA
The legal area within the lot lines.
LOT OR PARCEL
A piece, plot, or area of land, of contiguous assemblage as established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings, and/or accessory buildings thereto or for other use, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place.
LOT WIDTH
The distance as measured by a straight line, between side lot lines, at the points of intersection with the building line.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage of two nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR
A lot other than a corner lot.
LOT, OR RECORD
A lot which is a part of a subdivision, the plat of which has been recorded in the Office of the Register of Deeds of Williams County, North Dakota, or a parcel of land, the deed to which was recorded in the Office of the Register of Deeds of Williams County, North Dakota prior to the adoption of these regulations.
LOWEST FLOOR
The lowest floor of a structure including the basement.
MANUFACTURED HOME
A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and to be used with or without a permanent foundation and is bearing a label certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standard Act of 1974 (24 CFR 3280) which became effective June 15, 1976, promulgated by the United States Department of Housing and Urban Development.
MANUFACTURED HOME CONDOMINIUM
A manufactured home designed and/or intended to be for residential condominium occupancy.
MANUFACTURED HOME DEVELOPMENT
Intended to be generic, it includes mobile home courts, manufactured home subdivisions, and manufactured home condominiums.
MANUFACTURED HOME SUBDIVISION
A subdivision designed and/or intended for the sale of lots for residential occupancy by manufactured homes.
MEDICAL COMPLEX
A general hospital including related health services such as clinics and residential facilities, dormitories, group quarters or apartments, for medical personnel and trainees employed at the medical complex.
MERCHANT OR VENDOR
A person, firm, or corporation, whether as owner agent, consignee or employee who is registered to conduct business in the State of North Dakota.
MINI-STORAGE
A building containing small compartments to be used for the storage of personal property.
MOBILE BUSINESS OR MOBILE COMMERCIAL BUSINESS
A mobile motorized or non-motorized vehicle or trailer, not being operated as an accessory component to an existing permanent business establishment, whose business operation is conducted outside of a permanent building and entirely within the mobile unit, for the sales of merchandise or other professional services for public service only. Mobile business or mobile commercial business does not include mobile food vendors.
MOBILE FOOD TRUCK
See Section 25.Q Mobile Food Trucks.
MOBILE HOME
A factory built home that is transportable in one or more sections, and designed to be used with or without a permanent foundation when connected to the required utilities, and built prior to enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974 (24CFR 3280) which became effective June 15, 1976.
MOBILE HOME COURT
A mobile home development with two or more mobile homes and/or manufactured homes located on rental pads with continuing local general management, and with special facilities for common use by the occupants, including such items as common recreational building and areas, common open space, laundries, and the like.
MOBILE HOME OR MANUFACTURED HOME LOT
A parcel of land rented or sold for exclusive use of occupants of a single mobile home or manufactured home.
MODULAR OR PREFABRICATED LIVING UNIT
Factory-built housing certified as meeting the State and Local Building Code as applicable to modular housing or prefabricated housing. All must conform to local and state codes and are subject to the same standards as site-built homes.
NEW CONSTRUCTION
Structures for which the "start of construction" commended on or after the effective dated of this ordinance.
NONCONFORMING USES
Use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OUTDOOR STORAGE
The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
OVERLAY DISTRICT
A district superimposed upon an underlying district and which establishes special requirements in addition to those of the underlying district. Development or use of land or structures must conform to the requirements of both districts, or the most restrictive of the two if in conflict.
PARCEL
A lot or tract of land.
PARK
A tract of land, designated and used by the public for active and passive recreation.
PARKING LOT
An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking.
PARKING ON A REMOTE LOT
A modification of required parking that allows a principal use to meet its parking requirement on a remote parking lot.
PARKING SPACE
An area 9.5 feet by 18.5 feet, or greater which is sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. Required off-street parking shall be provided in a manner that vehicles do not encroach on a public right-of-way.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PET SHOP
An establishment for the selling of dogs, cats, birds, mice, rats, aquarium fish or other similar small animals or reptiles.
PLANNED UNIT DEVELOPMENT
An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.
PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
The Planned Unit Development(PUD) Overlay District is a type of overlay zoning district and a type of development plan. PUD overlay districts are linked to PUD plans in that no rights of development apply to a PUD overlay district other than those of the approved PUD plan.
PLANNING COMMISSION
The Planning and Zoning Commission of Williston, ND.
POLITICAL SUBDIVISION
A unit of government within a state, including a county, City, township, or village.
PORCH
A covered entrance to the principle structure which is considered part of the principle structure and must meet all structural requirements. Porches, however, may project into a required front yard as described in Section 25.F.3.
PREMISES
A lot, together with all buildings and structures thereon.
PRINCIPAL USE
The primary or predominant use of any lot.
PROFESSIONAL OFFICE
An office wherein the business carried on therein is by licensed professionals, or wherein the principal activity is the conduct of commercial, governmental, financial or management activities including but not limited to banks, government offices, insurance, personal loan agencies, real estate, telephone exchange or utility office.
PROHIBITED USE
A use that is not permitted in a zone district.
PUBLIC HEARING
A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
PUBLIC UTILITY
Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under public regulations, to the public: electricity, gas, heat, power, steam, telephone, telegraph, transportation, or water.
QUASI-INSTITUTIONAL
A profit or nonprofit boarding home, rest home, or other home for the sheltered care of juvenile or adult persons, which in addition to providing shelter to four or more persons unrelated to the proprietor also provides any personal care or service beyond shelter and laundry.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designated as temporary living accommodation for recreational, camping, and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.
REDUCTION OF REQUIRED PARKING
A modification of required parking that allows a principal use to have either a reduced parking ratio or a reduction in the overall number of required parking spaces.
REMOTE PARKING LOT
An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking used to meet the parking requirement of a principal use that is located on a lot other than the lot on which the principal use is located.
RESIDENTIAL MANUFACTURED HOME SUBDIVISION
A subdivision designed and/or intended to allow for manufactured homes as single-family dwellings, and to allow use of recreational vehicles (RV's), subject to meeting health department standards and approved by the Building Official. Lots and manufactured homes would be owned as in other residential districts.
SCHOOL
Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
SERVICE PROFESSIONAL
A business operation which provides services related to a specific occupational trade, which requires state certification or licensing.
SERVICE, PRIVATE
The transaction of goods or other professional services rendered or made available to private clients, through previously arranged service transactions and not made available for the general public.
SERVICE, PUBLIC
The transaction of goods or other professional services rendered or made available to the general public.
SHARED PARKING
A modification of required parking that allows two separate principal uses whose normal peak parking times do not coincide to meet their individual parking requirements by sharing parking spaces on one or more parking lots.
SIGN
See Section 25.G General Sign Regulations.
SPECIAL INDUSTRIAL EXPLOSIVE DEVICE(S)
Any explosive powerpack containing an explosive charge in the form of a cartridge or construction device. The term includes but is not limited to explosive rivets, explosive bolts, explosive charges for driving pins or studs, cartridges for explosive-actuated power tools and charges of explosives used in jet tapping of open-hearth furnaces and jet perforation of oil well casings.
SPECIAL PERMITTED USE
A use which generally would not be suitable in a particular zoning district, which would be acceptable under certain circumstances. The permit shall be granted for a particular use and not for a particular person or firm.
SPECIFIED ANATOMICAL AREAS
See Section 25.N Adult Entertainment.
SPECIFIED SEXUAL ACTIVITIES
See Section 25.N Adult Entertainment.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60% of the floor area is or may be finished off for use.
STREET
Any thoroughfare or public space which has been dedicated to, and accepted by, the public use and includes all the right-of-way sidelines.
STREET LINE
A dividing line, such as the right-of-way line, between a lot, tract, or parcel of land and a contiguous street.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, arbors or breeze-ways, mobile homes (manufactured homes), and gas or liquid storage tanks above ground, but excepting utility poles, fences, retaining walls, and ornamental light fixtures.
STRUCTURE ALTERATIONS
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girder, or any complete rebuilding of the roof or exterior walls.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure,
1. 
Either:
a. 
Before the improvement or repair is started.
b. 
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alternation of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structures.
2. 
The term does not, however, include either:
a. 
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
b. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUPPLEMENTAL PARENTAL CARE
The care, supervision, education, or guidance of a child or children, unaccompanied by the child's parent, guardian, or custodian, which is, or is anticipated to be, ongoing for periods of four or more hours per day for three or more days per week.
TELECOMMUNICATIONS DISH
Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter in diameter.
TEMPORARY USE OR STRUCTURE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
TOWER
See Section 25.W. Wireless Communication Facilities.
TRANSIENT MERCHANT, ITINERANT MERCHANT, OR ITINERANT VENDOR
A person, firm, or corporation, whether as owner agent, consignee or employee, who temporarily sets up business on private property, or out of a vehicle, trailer, tent, other portable shelter, or vacant store front for the purpose of exposing or displaying for sale, selling or attempting to sell, goods, wares, products, or merchandise.
USE
The purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied.
VARIANCE
The relaxation of the terms of the Zoning Regulations in relation to height, area, size, and open spaces where specific physical conditions, unique to the site, would create an unreasonable hardship in the development of the site for permitted uses.
VEHICLE STORAGE (LONG TERM)
Outdoor storage or anything other than temporary storage.
VEHICLE STORAGE (TEMPORARY)
Customer and employee parking for less than a twenty-four-hour period.
VEHICLE, FLEET
More than two vehicles owned, leased, or operated by a business or government entity.
VEHICLE, HEAVY COMMERCIAL
A vehicle with a gross vehicle weight greater than 10,000 lbs. Personal vehicles such as boats, RV's, and campers are exempt from this weight requirement.
VEHICLE, OCCUPATION OR TRADE
A vehicle that is designed specifically to perform a type of function or service associated with an occupation or trade.
VEHICLE, PERSONAL
A vehicle that is owned by an individual and used for commuting purposes.
VEHICLE, WORK
A vehicle that is owned by a business entity, which is used by an affiliated employee for commuting purposes.
WALL
The vertical exterior surface of a building or the vertical interior surfaces which divide a building's space into rooms.
WAREHOUSE
1. 
That portion of a commercial or industrial building occupied by a service-oriented use that is used exclusively for storage of products or materials used or sold by that use.
2. 
A commercial or industrial building with the majority of the square footage used exclusively for the storage of products or materials sold or distributed by the principal use in that building. Area used for storage of products or materials within a building in which the principal use is retail sales is not included in this definition.
WASTEWATER TREATMENT PLANT
The facility or group of units used for the treatment of wastewater from public sewer systems and for the reduction in handling of solids removed from such wastes and which serves 10 or more families or an industry employing 10 or more persons.
WATER SUPPLY SYSTEM
The system of pipes, structures, and facilities through which a public water supply is obtained, treated, and sold or distributed for human consumption or household use. Such system shall serve at least 10 or more families or shall serve an industry employing 10 or more persons.
XERISCAPE
Landscaping in which the plants require minimal water.
YARD
An open space on the same lot with a building, unoccupied and obstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot between the side lot lines and extending from the front lot line to the front of the main building or any projections thereof. The front yard shall be on the side of the lot which has been established as frontage by the house numbering system.
YARD, REAR
A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building including any projections. On interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
YARD, SIDE
A yard extending from the front yard to the rear yard and being the space between the side lot line and the side of the main building including any projections.
ZONING MAP
The map or maps, which are a part of the zoning ordinance, and delineate the boundaries of the zoning districts.