Accessory buildings and uses, as permitted in this Zoning Code, shall be subject to the following conditions:

   (a)   An accessory building attached to the principal building shall comply with the requirements of this Zoning Code applicable to the main building.

   (b)   Detached accessory buildings shall not occupy more than 10% of any required yard, except the rear yard.

   (c)   Detached accessory buildings shall be located in the rear not less than five feet from any required side or rear lot line.

   (d)   Within an R District no accessory building shall exceed one story or 20 feet in height.

   (e)   Accessory buildings located on a corner lot shall not be permitted to project beyond the minimum front yard depth facing both streets.

(Ord. 1-91, passed 3-4-1991)

   Temporary nonresidential buildings for uses incidental to construction work shall be permitted for a period not to exceed two years. Temporary residential buildings for uses incidental to construction work shall be permitted for a period not to exceed six months. A separate zoning certificate shall be required for such temporary buildings. If hardship occurs, an extension may be granted by the Board of Zoning Appeals pursuant to § 1264.06.

(Ord. 1-91, passed 3-4-1991)

   The City Planning Commission, with the approval of City Council, shall have the power to impose conditions to safeguard the intent and objectives of this Zoning Code.

(Ord. 1-91, passed 3-4-1991)

   Sewer and water facilities shall comply with the city's current Sanitary Code and water regulations and all health and safety ordinances.

(Ord. 1-91, passed 3-4-1991)

   No proposed plat of a new subdivision shall hereafter be approved unless the lots within such plat equal or exceed the minimum lot area and width requirements set forth in the various districts of this Zoning Code.

(Ord. 1-91, passed 3-4-1991)

   Drainage channels that exist within the city are essential for the maintenance of the health and general welfare of the people. Any encroachment upon filling or the destruction of channels is a violation of this Zoning Code. In order to provide for the development of property for its best use, the engineer of jurisdiction, subject to the approval of the City Planning Commission, shall decide what facilities are adequate to maintain the primary purpose of the drainage channel.

(Ord. 1-91, passed 3-4-1991)

   In R-1 and R-2 Districts, no more than one principal building shall be permitted on any one lot. No dwelling, building or structure shall be erected or placed on a lot which does not abut one public street for at least 60 feet of frontage.

(Ord. 1-91, passed 3-4-1991)

   Corner lots in all districts are required to meet the minimum front yard setbacks, facing both streets, as indicated in the particular district.

(Ord. 1-91, passed 3-4-1991)

   No space which, for a proposed building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Zoning Code, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or open space requirements of or for any other building or dwelling group.

(Ord. 1-91, passed 3-4-1991)

   Where individual water well or septic tank systems are provided, no building certificate or zoning certificate shall be issued without documentary evidence that the city Division of Health has approved the proposed sanitary sewage disposal system for which the building certificate or zoning certificate has been requested. If a sanitary sewer is available, no septic tanks will be permitted.

(Ord. 1-91, passed 3-4-1991)

   Every dwelling shall be located on a lot having frontage on a public or private street. Public and private streets shall be designed at least in accordance with minimum improvement standards for public streets as specified in the Subdivision Regulations of the city. All multiple-family developments designed to be serviced by private streets shall be approved by the engineer of jurisdiction and shall meet the minimum improvement standards established for public streets.

(Ord. 1-91, passed 3-4-1991)

   Whenever, in this Zoning Code, a greenbelt or planting strip is required, it shall be planted within one year from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. Suitable plant materials shall be provided in accordance with the following:

   (a)   Plant materials shall not be placed closer than four feet from the property line; and

   (b)   Where plant materials are planted in two or more rows, plantings shall be staggered.

(Ord. 1-91, passed 3-4-1991)

   (a)   Fences are permitted subject to the provisions of Chapter 1462.

   (b)   Masonry walls and fences shall be provided and maintained in any B Business or I Industrial District and on those sides abutting an R-Residential District in conformity with the following regulations:

      (1)   No fence or wall shall be extended toward the front lot line beyond the front of the principal building or structure or the required minimum front yard setback, whichever is greater.

      (2)   Required fences and walls shall be located on the property line, except where the fence or wall interferes with underground utility or surface water drainage conditions.

      (3)   The walls or fences may be constructed with openings which do not, in any square section (i.e., height and width), exceed 20% of the total surface. Where walls or fences are pierced, the openings shall be so spaced as to maintain the obscuring character required. The arrangement of the openings shall be reviewed and approved by the Building Inspector.

      (4)   All fences and walls shall be constructed of materials approved by the Building Inspector to be durable, weather-resistant, rustproof and easily maintained.

(Ord. 1-91, passed 3-4-1991)

   No fence, wall, greenbelt, planting strip or other obstruction to vision, above a height of two feet from the established street grade, shall be permitted within the triangular area at the intersection of any street right-of-way lines at a distance along each line of 25 feet, measured from their point of intersection.

(Ord. 1-91, passed 3-4-1991)

   The use of land for filling or dumping of earth, sand, gravel and decayed or decomposed waste materials, not in connection with general farming, agriculture, horticulture or landscape activities, shall comply with the provisions of all other ordinances of the city relevant thereto.

(Ord. 1-91, passed 3-4-1991)

   Signs and other outdoor display structures are permitted subject to the provisions of Chapter 1480.

(Ord. 1-91, passed 3-4-1991)

   (a)   The cultivation, manufacture, or retail dispensing of medical marijuana shall be a prohibited use in all zoning districts of the City of Shelby.

   (b)   Use of property in violation of this section shall constitute a nuisance.

   (c)   In addition to other penalties provided by law, the Director of Law shall be authorized to institute civil proceedings in a court of competent jurisdiction to enjoin violations of this section; for monetary damages arising from violations of this section; and to take all actions necessary to secure enforcement of any injunction and collect upon any award, judgment, or fine in contempt levied in relation to a violation of this section.

   (d)   Cultivate, manufacture, and dispense have the same meaning as found in R.C. § 2925.01.

(Ord. 32-2018, passed 1-7-2019)

   (a)   All buildings except accessory buildings shall be located on a lot that meets the minimum lot width requirement at the minimum building setback line for the zoning district in which the lot is located.

      (1)   The size of each resulting parcel must have frontage located on a primary street. Lots that do not have frontage located along a primary street must seek an easement from the contiguous property owner for ingress/egress purposes to access said lot that is being split.

      (2)   Separate water service lines shall be installed to each unit. The service lines shall have a separate curb type shut-off valve for each unit.

      (3)   Separate sanitary sewer laterals to each unit shall be installed using a wye with a clean out to be located at the property line or easement line.

      (4)   Electrical service shall be from a common point and a conduit raceway shall be installed for the conductors serving the unit farthest from the meters.

      (5)   Separate gas lines shall be installed for each unit.

      (6)   An easement shall be provided for the installation of telephone and television cables.

      (7)   An easement of at least five feet in width for each side of the common wall shall be provided for maintenance purposes.

      (8)   Notice in bold lettering shall advise each owner of the businesses of the responsibility for common maintenance and insurance for the structure.

      (1)   The size of each resulting parcel, not one of which shall be less than 7,500 square feet in area and have a minimum frontage width of 50 feet.

      (2)   Separate water service lines shall be installed to each unit from the front property line or the side or rear easement line. The service lines shall have a separate curb type shut-off valve for each unit.

      (3)   Separate sanitary sewer laterals to each unit shall be installed using a wye with a clean out to be located at the property line or easement line.

      (4)   Electrical service shall be from a common point and a conduit raceway shall be installed for the conductors serving the unit farthest from the meters.

      (5)   Separate gas lines shall be installed for each unit.

      (6)   An easement shall be provided for the installation of telephone and television cables.

      (7)   No driveways having common ownership shall be permitted.

      (8)   An easement of at least five feet in width for each side of the two-family residence shall be provided for maintenance of the common wall.

      (9)   Notice in bold lettering shall advise each owner of the two-family residence of the responsibility for common maintenance and insurance for the structure.

(Ord. 21-2024, passed 11-18-2024)

   The City of Shelby has determined to permit property owners in the city to install solar energy systems on their property to provide electric power for the principal and accessory uses of the property and prohibit the use of solar energy systems for the commercial generation of power for sale or use off the property.

   (a)   As used in this chapter, the following words and terms shall have the definitions indicated:

      (1)   "Ground mounted solar energy systems" means a solar energy system that mounts a solar panel or panels and facilities on or above the ground.

      (2)   "Integrated solar energy systems" means a solar energy system that is incorporated into or replaces standard building materials and does not have mounting equipment. For example, these systems may include materials that replace traditional roofing, shingle, or siding materials, awnings, canopies, skylights, or windows.

      (3)   "Large solar facility" means a solar facility of 50 or more megawatts which is required to submit an application with the Ohio Power Siting Board (OPSB) at the Public Utilities Commission of Ohio (PUCO) and are required to meet OPSB regulations.

      (4)   "Rooftop solar energy systems" means a solar energy system that is mounted to a structure or building's roof.

      (5)   "Small solar facility" means a solar energy system and associated facilities with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of less than 50 megawatts.

      (6)   "Solar energy" means radiant energy (direct, diffused, or reflected) received from the sun that can be collected and converted into thermal or electrical energy.

      (7)   "Solar energy system" means a system and associated facilities that collect solar energy, which may include, but is not limited to, an integrated solar energy system, rooftop solar energy system, or ground mounted solar energy system.

      (1)   The property where the solar energy system is located and the property where the generated power is to be used are under common ownership.

      (2)   The Director of Public Service or his or her designee affirmatively finds that connections can be attached on poles or lines owned by the city without causing any disruption to city services or other detrimental impact to the community.

      (3)   The city grants a license per a pole attachment agreement to the property owner allowing the owner's requested access to and use of the city's poles or lines for the purposes set forth therein. The license shall be set forth in a written agreement between the city and owner, setting for terms and conditions governing the owner's access to and use of the city's utility facilities.

      (4)   Installation of lines to allow for an off-premises connection as addressed herein will be either: 1) Installed by the city with costs paid by the property owner requesting the connection; or 2) Installed property owner's contractor with prior written permission by the Director of Public Service or his or her designee. Which installation process is used will be selected by the Director of Public Service or his or her designee.

(Ord. 2-2025, passed 3-17-2025)

   (a)   To protect the integrity of the roadway system within the City of Shelby, all developments requiring city review will be subject to the processes set forth in the Traffic Impact Studies and Access Management Policy prepared by TMS Engineers, Inc (attached to Ordinance 3-2025 as Exhibit 1 and incorporated herein by reference as if set out in full) regarding access request studies (ARS) or traffic impact studies (TIS). Reviews possibly requiring an ARS and/or TIS would include any development requiring:

      (1)   Site plan review.

      (2)   Zoning requests.

      (3)   Change of use.

      (4)   Special permit use.

      (5)   Planned use developments.

      (6)   Variances, and remodeling/additions to existing properties and structures.

   (b)   The purpose of these studies is to evaluate anticipated traffic impacts by the proposed use or change of use for a currently developed property. The existing driveway number and location will be reviewed and shall be modified as required to conform to the requirements of the city as provided in the Traffic Impact Studies and Access Management Policy.

   (c)   Traffic impact studies will be required for developments involving a peak hour traffic generation of more than 100 new trips in the peak hour or more than 800 trips on an average day. Developments involving less than this will be required to provide an access request study.

(Ord. 3-2025, passed 3-17-2025)