District requirements for building line setbacks from the street right-of-way line may be modified where the majority of the frontage within 200 feet on each side of a lot within the same block and district and fronting on the same street with such lot is developed with less than the required setback. In such case the required building setback shall be the average of existing setbacks, counting any undeveloped frontage as if it were developed at the required setback distance from the street, but shall not be less than 15 feet. This modification shall not apply in case such existing development is located along any right-of-way scheduled to be widened.

(Ord. No. 426, § 300.2, 6-26-86)

The following structures or parts thereof are hereby exempt from the height limitations as set forth in the zoning districts:

(1)

Agricultural buildings: barn, silo, windmill, grain elevators and other farm structures, but not including dwellings.

(2)

Cooling towers, gas holders or other industrial structures where required by the manufacturing process.

(3)

Church spires, belfries, cupolas, domes, monuments, water towers, observation towers, transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flagpoles, radio towers and aerials.

(Ord. No. 426, § 300.3, 6-26-86)

In order to promote the safety of the motorist and pedestrian and to minimize traffic congestion and conflict, the following regulations shall apply:

(1)

Vehicular access from properties to streets shall not exceed 36 feet in width.

(2)

No more than two points of vehicular access from a property to each abutting public street shall be permitted for each 400 feet of lot frontage, or fraction thereof; provided however, that lots with less than 100 feet of frontage shall have no more than one point of access to any one public street.

(3)

No point of access shall be allowed within 35 feet of the right-of-way line of any street intersections.

(4)

No curbs on city streets or rights-of-way shall be cut or altered for access without approval of the city.

(Ord. No. 426, § 300.4, 6-26-86)

(a)

In residential districts, the side and rear building setbacks for accessory buildings not exceeding 400 square feet may be reduced to five feet provided such buildings do not encroach on any drainage or utility easements.

(b)

In commercial and industrial districts, the side and rear building setbacks along adjoining commercially or industrially zoned property may be reduced to zero with an approved two-hour fire wall.

(c)

In industrial and commercial districts, the side and rear building setbacks along residentially zoned property shall be as specified in the lot requirements of the appropriate district or as required by the planning commission.

(Ord. No. 426, § 300.5, 6-26-86)

(a)

Intent. It is the nature of this section to avoid any unreasonable invasion of established private property rights; however, this chapter recognizes that the elimination of existing structures and uses that are not in conformity with this chapter is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses which would violate the purpose, intent and provisions of this chapter. A structure, building or use which was established before the effective date of this chapter and which does not conform to one or more of the requirements of this chapter is a nonconformity. Such nonconformity may be continued in perpetuity, shall not be converted to any other use except a conforming use and shall not be reestablished after discontinuance of operation for one year.

(b)

Maintenance and repairs. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 75 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the bulk existing when it became nonconforming shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(c)

Expansion of nonconformity. A nonconforming use of land or structure cannot be expanded except upon approval of the planning commission under provisions of this chapter as outlined in section 22-143.

(Ord. No. 426, § 301, 6-26-86)

In all districts, at the time of the erection of any building or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats and/or floor area, or before conversion from one type of use or occupancy to another, there shall be provided permanent off-street parking spaces in accordance with the following requirements:

(1)

Combination of required parking space. The required space for any number of separate uses may be combined in one lot but the required space assigned to each use may not be assigned to another use, except where the parking space required for churches or other assembly halls whose peak attendance will be at night, on Sunday, or otherwise does not coincide with an adjacent use, such required parking may be assigned to the adjacent use.

(2)

Proximity of off-street parking spaces to use. All required parking for all uses shall be either on the same lot or within 300 feet of the building (or open use area) it is to serve, provided, however, that no required parking spaces may be located across any major street from the use it is intended to serve.

(3)

Requirements for design of parking lots:

a.

Except for parcels of land devoted to one- and two-family residential uses, all areas devoted to off-street parking shall be so designed and be of such size that no vehicle is required to back into a public street to obtain access.

b.

Each parking space shall be not less than 200 square feet in area and parking areas shall be paved or have an approved all weather surface.

(4)

Off-street parking requirements by use. The minimum number of off-street parking spaces required for each type use shall be determined by the following:

a.

Single- and multi-family residences: two spaces per residence.

b.

Group dwellings, roominghouses and boardinghouses: one space for each two rooms to be rented.

c.

Tourist home, motel, hotel, motor courts: one space for each room to be rented, plus one additional space for each three employees.

d.

Medical and dental clinics: six spaces per doctor, plus one additional space for each two employees.

e.

Hospital: one space for each two beds intended for patient's use, exclusive of bassinets, plus one space for each three employees including doctors.

f.

School: one space for each classroom and administrative office, plus one additional space for each six seats in the largest assembly area or room.

g.

Auditorium, theatres, churches, funeral homes and similar places of public assembly: one space for each four seats, or 12 feet of benches, or per 30 square feet of usable floor area in the largest assembly room, plus one space for each 200 square feet of floor or ground area used for amusement, entertainment or assemble exclusive of the major assembly room.

h.

General and professional offices: one space for each 200 square feet of gross floor area.

i.

Gasoline service station: five spaces for each service bay, plus one space for each two employees.

j.

Restaurants: one space per 150 square feet of usable floor area, plus one space for each two employees. (For drive-in restaurants, one space for each 50 square feet of floor area.)

k.

Other retail uses: one space for each 200 square feet of gross floor area.

l.

Wholesale uses: one space for each employee on the largest shift, plus one space for each 200 square feet of selling area.

m.

Warehouse and storage uses: one space for each employee on the largest shift, plus one space for each 600 square feet of storage or warehousing area.

n.

Industrial uses: one space for each two employees on the largest shift.

(5)

Restriction on use of required parking. The required off-street parking shall be for employees, occupants, clients and visitors and shall be limited in use to temporary storage of motor vehicles with current license plates. The storage of merchandise or motor vehicles for sale, the servicing or repairing of vehicles or equipment and regular truck loading and unloading thereon is prohibited.

(Ord. No. 426, § 302, 6-26-86)

In any district and on the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehousing, retail selling, wholesaling, hospital, funeral home or other uses which in the opinion of the building inspector involve the receipt of distribution of vehicles, material or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading or unloading services adjacent to the space or opening used for loading and unloading in order to avoid undue interference with public use of the streets or alleys. Each loading space provided shall be an area 12 feet by 45 feet with a 14-foot height clearance where uses require trailer-truck loading or ten feet by 25 feet with a height clearance of 14 feet for uses not requiring trailer-truck loading. All loading spaces shall be located so as to contain adequate maneuvering room to permit convenient access to the loading space. A sufficient number of loading spaces shall be provided as follows:

(Ord. No. 426, § 303, 6-26-86)

Editor's note— Ordinance No. 541, adopted July 9, 2009, effective October 1, 2009, did not specifically amend the Code. Therefore, such ordinance has replaced § 22-109 with a new Article V, §§ 22-201—22-214 at the editor's discretion. The user's attention is directed to Art. V, §§ 22-201—22-214 for similar provisions.

The following regulations shall apply to all automobile wrecking yards, junkyards and salvage yards. No automobile wrecking yard, junkyard or salvage yard shall be permitted closer than 300 feet to any residential district. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed fence or wall or chainlink fence, except driveway areas. Fences or walls shall be not less than eight feet in height. Storage between such fence or wall and the street or property lines is expressly prohibited. Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition.

(Ord. No. 426, § 305, 6-26-86)

(a)

It is not the intent of this chapter to prohibit any valid use of land or structures where it can be shown that such use is essential or desirable to the public convenience or welfare and is in harmony with the objectives and elements of the city's development plan.

(b)

When such a use is not specified as a permitted use in any zoning district, the planning commission shall by resolution recommend to the city council the appropriate zoning district in which such a use may be located. The city council shall decide the question of an unspecified use as provided for in section 22-141.

(Ord. No. 426, § 306, 6-26-86)

(a)

A customary home occupation is a business or profession carried on by an occupant of a dwelling as a secondary use which is clearly incidental to the main residential use. A home occupation shall:

(1)

Employ not more than one nonresident of the household.

(2)

Be conducted entirely within the principal building and out of sight of neighboring properties.

(3)

Utilize not more than 25 percent of the floor area of the principal building.

(4)

Produce no alteration or change in the character or exterior appearance of the principal building from that of a dwelling.

(5)

Contain no outside accessory building, repair or storage shops.

(6)

Have no distribution center requiring bulk deliveries and local dispensing.

(7)

Not be used for storage for more than one commercial vehicle licensed as one ton or less in capacity per family residing on the premises.

(b)

The following occupations, are considered customary home occupations:

(1)

Barbershops and beauty shops.

(2)

Artists, dressmakers, seamstresses, tailors, crafts and interior decorators.

(3)

Professional office for architects, accountants, lawyers, engineers, doctors, dentists, insurance agents, real estate agents and other similar personal service occupations.

(4)

Teaching, musical instruction and day care limited to six pupils at a given time.

(5)

Office for record maintenance only for businesses, e.g., electricians, plumbers, HVAC and other contractors which perform their services at other locations.

(6)

Agents for manufacturers and sales persons for records and bookkeeping only. Any orders shall be solicited away from the dwelling and no deliveries may be made at the dwelling.

(7)

Any similar use which the planning commission deems to be a home occupation by reason or acceptance as a home occupation in the community.

(c)

Applications for approval of a customary home occupation as a conditional use shall be submitted to the planning commission as provided for in section 22-143.

(Ord. No. 426, § 307, 6-26-86)

(a)

No accessory living quarters, garage apartments or similar accessory living quarters, shall be located in an R zone, except that a bona fide guest house where no rent is paid, or servants' quarters, shall be permitted upon a lot area of 15,000 square feet or more. Such accessory building shall not be closer than ten feet to any lot line.

(b)

Where the rear yard abuts upon a street, no accessory building shall be closer to the rear lot line than the required front setback for the zone.

(c)

No outdoor advertising sign or business sign shall be permitted as an accessory use, except that a real estate sign not larger than eight square feet shall be permitted where the disposal of a building, structure, or land is involved, and such sign is on the premises of the property advertised for disposal.

(d)

Private garages, storage buildings, greenhouses, childrens' play houses, summer houses, home workshops, swimming pools, and satellite dishes are permitted accessory uses.

(e)

All accessory uses shall conform to the building/structure setback requirements; except that portable storage buildings less than 200 square feet may be located within five feet of rear and side property lines. No accessory use shall be located between the street right-of-way line and the principal use or structure.

(Ord. No. 426, § 308, 6-26-86)

Livestock and/or pets, other than dogs and cats which have been tagged and inoculated, will not be permitted. Quarters of dogs or cats shall be maintained in a sanitary condition. See section 22-57 for permitted uses on kennels, animal hospitals, etc.

(Ord. No. 426, § 309, 6-26-86)

Cross reference— Animals, ch. 4.

All railroad rights-of-way situated within the geographical limits of the City of Thomson shall be and the same are hereby designated as R-1a (medium density residential).

( Ord. No. 552, § 1, 1-10-13 )

Editor's note— Ord. No. 552, § 1, adopted Jan. 10, 2013, was not specifically amendatory. For purposes of classification, and at the editor's discretion, these provisions have been included as § 22-115.