In a residential district, an accessory building is a subordinate or incidental building detached from the main building, not used for commercial purposes and not rented. Accessory buildings other than carports, shall be located behind the primary structure. Accessory buildings shall not be permitted without a primary use being in existence on the lot.

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings should, wherever possible, be located behind the primary structure.

Accessory structures less than or equal to one hundred twenty (120) square feet do not require a building permit.

Area and development regulations for accessory buildings:

Carports shall be measured from the posts supporting the roof nearest to the street or alley. Carports may be constructed of masonry or as a prefabricated metal unit with a metal roof. All carports, require a building permit from the City of Sansom Park and shall be inspected by the City to ensure structural integrity and appropriate anchorage to the ground.

Swimming pools may occupy a required rear or side yard, provided that such pools are not located closer than ten (10) feet to a rear lot line or ten (10) feet to an interior or side lot line. Swimming pools are not permitted in the front yard. A pedestrian space of at least three (3) feet in width shall be provided between pool walls and the protective fences or barrier walls of the pool. Swimming pools shall be fenced according to International Building Code.

Any stable or barn used for agricultural purposes shall be set back one hundred fifty (150') feet from all property lines.

A written request for alternative building materials shall be made and shall include a detailed color rendering of the structure’s elevation that is submitted along with a site plan for approval. The City may require submissions of an actual sample of the proposed exterior material(s) along with the elevations and the site plan.

The City Council may approve alternative exterior construction material(s) and/or color if it is determined to be equivalent or better than the exterior material otherwise required by this Section.

Consideration for exceptions to the above exterior construction requirements shall be based only upon the following criteria:

The home-based business shall be conducted in the house by a resident of the primary dwelling.

The business or service located within the dwelling shall not exceed 25 percent of the floor area of the house. Activities are limited to the living portion of a house or its attached garage. Accessory buildings or detached structures cannot be used in conjunction with a home-based business.

The principal person(s) providing the business or service shall reside in the dwelling on the premises. Only one additional employee, other than the resident(s) of the primary dwelling unit, is permitted at the home-based business at any one time.

The following uses, because of their effects on the surrounding residential area, shall not be permitted as home-based businesses: auto repair or motorized implement repair; dance, music or other types of tutoring instruction where more than four students are being instructed at one time; dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; motor vehicle towing operation; barber or beauty shops having more than one chair; welding shops; nursing homes; bed and breakfast and other such transient lodging; or any other home-based business that, in the opinion of the Code Compliance Officer and City Manager or his/her designee, will have negative effects on the neighborhood.

It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the City. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

In this section:

It is the purpose of this section to regulate adult entertainment cabarets as defined herein to promote the health, safety, morals and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the continued concentration of adult entertainment cabarets within the City. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor the effect of this section to restrict or deny access by adults to adult entertainment cabarets protected by the First Amendment, nor to deny access by the distributors and exhibitors of adult entertainment cabarets to their intended market.

For the purpose of this ordinance, telecommunication towers shall include radio, wireless telephone, television, microwave, short wave radio and/or any other tower used exclusively for communication purposes as interpreted by the City Manager or his/her designee.

No telecommunication tower shall be located within five hundred (500) feet of a residential district unless the applicant can otherwise demonstrate by providing coverage, interference and capacity analysis that the proposed location of the antenna is necessary to meet the frequency reuse and spacing needs of the wireless telecommunications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower in a less sensitive area.

Towers or structures supporting telecommunication antenna or otherwise conforming to all the applicable provisions of this ordinance are hereby permitted subject to approval of a specific use permit in the Industrial district when the tower is considered an accessory use. Towers and supporting telecommunication antennae are also permitted subject to approval of a specific use permit in the following locations regardless of the underlying zoning district:

The minimum setback from the base of the tower to any property line or to any adjacent nonresidential structure shall be equal to one-half (1/2) the height of the tower, unless the Zoning Board of Adjustment grants a variance due to special or unusual characteristics.

The following general criteria shall be considered in determining the appropriateness of sites for a communication tower when considering a conditional use permit:

In the event the tower and antenna array shall serve as the primary use of the property, any accessory facility or building greater than one hundred (100) square feet will be designed so as to be architecturally compatible with principal structures on the site and shall be compatible with the surrounding natural or built environment.

Advertising or signage provided for any use other than to provide warning or equipment instruction and/or other information pertinent to the safe operation of the facility on any portion of the tower and/or antenna or any other accessory facility shall be prohibited.

If at any time the use of the tower and/or antenna ceases, the owner or leasee of the tower and/or antenna shall dismantle and remove it within six (6) months after ceasing to use it, unless a binding lease agreement with another wireless communications provider on the same tower has been executed in which case an additional six (6) months shall be granted.

Any and all county, state and federal rules, regulations and standards applicable to and governing, excess noise generation, pollution, emission of air pollution, water pollution by liquid or solid wastes, explosive or hazardous gases, liquids and matter, radioactive materials, vibration, electromagnetic interference, and storage, manufacture, handling, transportation or use of explosives or inflammable material shall be observed for all uses in all districts.

No use or light in any district shall be operated so as to produce any intense glare or direct illumination across the bounding property line from a visible source, or illumination of such intensity as to create a nuisance or detract from the use or enjoyment of privacy of adjacent properties. All exterior lights shall be made of a light source with a reflector so selected that, acting together, the light beam is controlled so as not to be directed across any adjacent property line.

Any use established after the effective date of this ordinance shall comply with all of the performance standards herein established.

The City Manager shall have the power to refuse a building permit or Certificate of Occupancy when in his opinion the applicant’s request could or would, if placed in use or operation, be in violation of the performance standards herein established. In such case, the City Manager shall request, and the applicant shall furnish, at his expenses, sufficient detailed information to show conformity with the applicable standards as respects his particular use or operation, prior to the issuance of such permit or certificate by the City Manager.

In the case of alleged violations of these standards of any use or operation, as prescribed herein, the City Manager shall investigate and determine what subsequent actions should be taken to abate the alleged violation. If after consultation with the owner of the use or operation alleged to be in violation with these standards, and if an appropriate solution cannot be mutually agreed upon by both parties, the City Manager shall cause to be placed on the first available agenda of the City Council for due consideration the proposed violation(s). If after consultation between the City Council and the owner of the use or operation alleged to be in violation with these standards, and if an appropriate solution still cannot be mutually agreed upon by both parties, the City Manager shall cause to be placed on the first available agenda of the City Council for due consideration the proposed violation(s). The City Council may employ the use of professional qualified experts to conduct a detailed investigation, report and recommendation thereon. Following receipt of the report, the City Council shall conduct a public hearing on the case, in the same manner and procedure as that employed for a zoning change. After considering all testimony submitted at the public hearing, the City Council shall make the final determination whether or not a violation exists. Costs incurred by the City in the employ of the expert’s investigation, report and testimony shall be reimbursed by the violator if a violation is found to exist, otherwise such costs shall be borne by the City. The violator may appeal the City Council’s findings and decisions through the Courts, as established by state statutes.

Temporary buildings utilized for construction purposes shall not be installed for a period to exceed the duration of such construction.

Pens, outdoor kennels, or animal runs associated with a nonresidential primary use, must be located a minimum of one hundred fifty (150') feet from any residentially zoned property.

Any use other than salvage yards which involves the repair of automobiles or other vehicle types shall not be used for the storage of wrecked vehicles, or the dismantling of vehicles or the storage of vehicle parts.

All vehicles being stored for repair by any automotive repair uses shall be screened from all public rights-of-way.

Any farm or machinery equipment sales shall be stored and displayed on a concrete or asphalt surface.

Propane sales as an accessory use shall be limited to: