Williston City Zoning Code
SECTION 9
R-1E: Rural estate district.
[Ord. No. 613, Ord. No. 645, Ord. No. 672, Ord. No. 716, Ord. No. 807, Ord. No. 809, Ord. No. 811, Ord. No. 850 Ord. No. 933, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062]
A.
Intent. This district is intended to provide low-density, limited-growth residential areas. It is designed to accommodate residential development opportunities for those who desire low-density or estate living and are willing to live in more remote locations and to assume the costs of providing many of their own services and amenities. Public services may never be provided to these areas because Williston must concentrate its limited resources in areas where more intense future development is logical. The low density allowed in this district is needed to preserve and support the existing public infrastructure. Accordingly, capital improvements such as highways and major sewer interceptors should be directed away from the Rural Estate District. The low densities permitted in this district generally permit on-site water supply and waste disposal systems.
B.
Minimum dimensional requirements. The minimum area for this district shall be 10 acres.
C.
Permitted uses and structures. The following shall be permitted:
1.
a.
Single-family dwellings, mobile homes and/or manufactured homes.
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 housing structures 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.
2.
Farm animals, provided there is a minimum lot area of five acres for the first four animal units, and no more than one animal unit per acre of land over five acres.
3.
Parks, playgrounds, and non-commercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.
4.
Structures and uses required for operation of a public utility or performance of a governmental function, except for those permitted only as special permitted uses.
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 structure.
6.
Governmental maintenance and service shops.
7.
Private clubs and country clubs.
8.
Art galleries and museums depending on proximity to a particular historical site.
9.
Electrical substations and gas regulator stations, provided:
10.
Water reservoirs, water storage tanks, water pumping stations, and sewer lift stations, provided:
11.
Bed and breakfast inn.
H.
Minimum yard requirements.
1.
Front yard: 30 feet.
2.
Side yard: The minimum requirements for a side yard shall be 10 feet. 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:
3.
Rear yard: 30 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 20 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 30 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. Not more than 15% of the lot shall be covered by the principal building and all accessory buildings. 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.
J.
Minimum floor area. The minimum floor area of any dwelling, excluding attached garage, shall be 800 square feet.
K.
Maximum height of buildings. The maximum height of any building shall be 35 feet.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H. Two spaces per dwelling. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.