The provisions of this Zoning Code shall be subject to the exceptions set forth in this chapter.

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

   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the building is located. The following structures, however, may be erected above such heights: penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building; fire or parapet walls; and skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, radio and television aerials, smokestacks, wireless masts, water tanks and similar structures. No such structure shall occupy more than 25% of the total roof area of the building or be used for residential purposes.

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

   (a)   Essential services shall be permitted as authorized and regulated by any law of the State of Ohio and the City of Shelby, it being the intent of this Zoning Code to exempt such essential services from the application of this Zoning Code.

   (b)   Essential services shall include the erection, construction, alteration or maintenance, by public utilities or government agencies, of underground gas, electrical, steam or water transmission or distribution systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment which is reasonably necessary for the furnishing of adequate service by such utilities or agencies or for the public health, safety or general welfare, but not including buildings.

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

   Within any B Business District or I Industrial District, the sleeping quarters of a watchman or caretaker may be permitted, provided that such quarters are made a part of and are attached as part of the main building or structure.

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

   Open, unenclosed porches or paved terraces may project not more than ten feet beyond the minimum front yard setback line.

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

   Nothing in this Zoning Code shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Zoning Code and upon which actual construction has been diligently carried on, provided that such building shall be completed within one year from the date of passage of this Zoning Code.

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

   In any R Residential District, where the average depth of at least two existing front yards on lots located within 100 feet of the lot in question, and within the same block, is less than the minimum front yard setback prescribed for the district in which the lots are located, the Board of Zoning Appeals may modify the required front yard depth of the lot, provided that it is not less than the average depth of the two adjoining lots.

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

   For the purpose of this Zoning Code, railroad rights-of-way shall be permitted as authorized and regulated by state and federal law. Buildings and structures intended to be erected or constructed within railroad right-of-way shall comply with the use, area and height requirements of the district in which they are located. Spur tracks shall be extended from an existing railroad right-of-way to adjacent industrial districts only when they are totally within industrial districts.

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

   For the purpose of this Zoning Code, any walk, terrace or other pavement surfacing providing access to rear yards and/or principal buildings or accessory buildings, and not in excess of ten inches above the finished grade, shall not be considered to be a structure and shall be permitted in any required yard.

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