SHELBY COUNTY ZONING REGULATIONS
TABLE OF CONTENTS
 

ARTICLE 1: TITLE AND PURPOSE
ARTICLE 2: DEFINITIONS
ARTICLE 3: DISTRICTS AND MAPS
ARTICLE 4: GENERAL PROVISIONS

4.0 Zoning Effects Every Structure and Use
4.1 Continuing Existing Uses
4.2 Nonconforming Uses
4.3 Street Frontage - Minimum Requirement
4.4 Lot Area Requirements
4.5 Number of Uses on One Lot
4.6 Accessory Buildings in Residence Districts
4.7 Required Yard Cannot be Reduced or Used by Another Building
4.8 Conversion of Dwellings
4.9 Reserved
4.10 Minimum Ground Floor Area for Dwellings
4.11 Traffic Visibility Across Corner Lots
4.12 Essential Services
4.13 Off-Street Parking and Loading
4.14 Validity of Existing Building Permits
4.15 Conditional Uses/Use Limitations
4.16 Additional Requirements Height Limits
4.17 Additional Requirements: Front Yard Exceptions and Modifications
4.18 Additional Requirements: Side Yard Exceptions and Modifications
4.19 Additional Requirements: Rear Yard Exceptions and Modifications

ARTICLE 5: F-1 FLOOD PLAIN DISTRICT

5.1 Permitted Principal Uses
5.2 When Authorized by the Board of Adjustment
5.3 Permitted Accessory Uses
5.4 Required Conditions
5.5 Height Regulations
5.6 Lot Area, Frontage and Yard Requirements

ARTICLE 6: C-1 CONSERVATION DISTRICT

6.0 Permitted Principal Uses
6.1 When Authorized by the Board of Adjustment
6.2 Permitted Accessory Uses
6.3 Height Regulations
6.4 Lot Area, Frontage and Yard Requirements

ARTICLE 7: A-1 AGRICULTURAL DISTRICT

7.0 Permitted Principal Uses
7.1 When Authorized by Board of Adjustment
7.2 Permitted Accessory Uses
7.3 Height Regulations
7.4 Lot Area, Frontage and Yard Requirements

ARTICLE 8: RESERVED

ARTICLE 9: RESERVED

ARTICLE 10: RESERVED

ARTICLE 11: RT: RURAL TRANSITION DISTRICT

11.0 Permitted Principal Uses:
11.1 When Authorized by Board of Adjustment
11.2 Permitted Accessory Uses
11.3 Height Regulations
11.4 Lot Area, Frontage, and Yard Requirements

ARTICLE 12: R-5 RURAL VILLAGE DISTRICT

12.0 Permitted Principal Uses
12.1 When Authorized by Board of Adjustment
12.2 Permitted Accessory Uses
12.3 Height Regulations
12.4 Lot Area, Frontage, and Yard Requirements

ARTICLE 13: RESERVED

ARTICLE 14: RESERVED

ARTICLE 15: RESERVED

ARTICLE 16: B-3 INTERCHANGE BUSINESS DISTRICT

16.0 Permitted Principal Uses
16.1 Permitted Accessory Uses
16.2 Location of Interchange Business District
16.3 Entrance and Exit
16.4 Height Regulations
16.5 Lot Coverage
16.6 Lot Area, Frontage, and Yard Requirements

ARTICLE 17: 1-1 LIGHT INDUSTRIAL DISTRICT

17.0 Permitted Principal Uses
17.1 Permitted Accessory Uses
17.2 Prohibited Uses
17.3 Yard Requirements

ARTICLE 18: I-2 GENERAL INDUSTRIAL DISTRICT

18.0 Permitted Principal Uses
18.1 Permitted Conditional Uses
18.2 Permitted Accessory Uses
18.3 Prohibited Uses
18.4 Yard Requirements

ARTICLE 19: PD PLANNED DEVELOPMENT

19.1 Dwelling Groups
19.2 Residence Development Projects
19.3 Integrated Shopping Centers

ARTICLE 20: SIGNS

20.0 Standard of Measurement
20.1 Signs, Type
20.2 Sign Schedule

ARTICLE 21: PARKING, LOADING, AND CIRCULATION

21.0 Off-Street Parking Areas and Loading Spaces
21.1 Garages, Motor Fuel Stations, and Car Washes
21.2 Trailers and Mobile Homes
21.3 Motels or Motor Hotels

ARTICLE 22: ADMINISTRATION, AMENDMENT AND ENFORCEMENT

22.1 Zoning Administrator
22.2 Powers and Duties of the Zoning Administrator
22.3 Zoning Certificates and Occupancy Permits
22.4 Amendments
22.5 Hearing
22.6 Application for Change
22.7 Notice
22.8 Written Protest
22.9 Notification
22.10 Penalties
22.11 Remedies

ARTICLE 23: BOARD OF ADJUSTMENT

23.0 Creation, Membership and Procedure
23.1 Applications and Appeals
23.2 Powers of the Board
23.3 Judicial Review
 

ARTICLE 1: TITLE AND PURPOSE

1.0 This resolution shall be known as the Shelby County Zoning Regulation and may also be referred to as the Zoning Regulation.

1.1 Except as may be hereinafter specified, no land, building, structure, lot or parcel shall hereafter be used and no building or structure may be located, constructed, extended, converted, structurally altered or otherwise developed without full compliance with the terms of this Zoning Regulation.

1.2 The Ordinance, as amended, is effective January 1, 2007.

ARTICLE 2: DEFINITIONS

2.0 For the purpose of the regulations, certain terms or words are used in a limited or special sense, as herein defined. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "shall" is mandatory and not directory.

2.1 Accessory Use or Structure - A use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.

2.2 Agriculture - The use of land for agricultural purposes, including, but not limited to farming, dairying, pasturage, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

2.3 Airport - Any area of land or water used or intended for use for the landing and taking off of aircraft; and any accessory areas used or intended for use for airport buildings or other airport facilities or rights-of-way, with all airport buildings and facilities located thereon.

2.4 Alley - A public or private way less than 21 feet in width affording secondary means of access to abutting property.

2.5 Automobile Repair - Major - General repair, rebuilding or recondition of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

2.6 Automobile Repair - Minor - Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor service to passenger automobiles and trucks, but not including any operation specified under "Automobile Repair - Major."

2.7 Automobile Wrecking Yard - Any area of land where two or more motor vehicles, not in running condition, or without current vehicle registration and licensing, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles or parts thereof, not in running condition.

2.8 Basement - A story having part but not more than 50% of its height below the average grade of the adjoining ground (as distinguished from a "cellar"). A basement shall be counted as a story for purpose of height measurement.

2.9 Building - Any structure for the shelter or enclosure of persons, animals or chattels.

2.10 Cellar - A story having 50% or more of its height below the average grade of the adjoining ground. A cellar shall be counted as a story, for purposes of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.

2.11 Dwelling - A building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including a tent, cabin, travel or camping trailer, or a room in a hotel or motel.

2.111 Dwelling Group - Two or more detached dwellings located on a parcel of land in one ownership and conforming to the special conditions and requirements set forth in Section 19.1

2.12 Essential Services - The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

2.13 Family - One or more persons related by blood, marriage or adoption, together with his or their domestic servants, maintaining a common household in a dwelling.

2.14 Reserved

2.15 Garage, Private - A detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity not exceeding 1 1/2 tons.

2.16 Height - In the case of a wall, or part of a building, the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average height of the top of the cornice of a flat roof, or roof line, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.

2.17 Highway or Primary Thoroughfare - An officially designated federal or state numbered highway or other road designated as an interstate, arterial, or collector on the Transportation Plan as officially adopted and amended from time to time by the Planning Commission, City Council or County Board.

2.18 Junk Yard - An open area or fenced-in enclosure, where used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including but not limited to scrap iron and other metals, paper, rage, rubber tires and bottles. A junk yard includes an automobile wrecking yard, but does not include uses established entirely within enclosed buildings.

2.19 Land Use Plan - The comprehensive long-range plan for the desirable use of land in the county, as officially adopted and as amended from time to time by the Planning Commission and County Board or City Council; the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as streets, parks, schools, and other public buildings or public uses.

2.20 Lot - A parcel of land, abutting on a street, or roadway, whose area, in addition buildings, is sufficient to provide the yards and courts required by the regulations. Easements for public or private streets or roadways are not part of the lot area.

2.201 Lot, Corner - A lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

2.202 Lot Line - A line dividing one lot from another lot, a publicly dedicated road or the easement for section line roads.

2.21 Lot Area - The horizontal area within the lot lines of the lot.

2.22 Lot Depth - The mean horizontal distance between the front and rear lot lines.

2.23 Lot Width - The mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.

2.24 Mobile Home - Any vehicle which at any time was used or maintained for use as a conveyance upon highways or public streets, or waterways, and duly licensed as such; and so designed and constructed as to permit occupancy thereof as a dwelling unit or sleeping place for one (1) or more persons. 

01  This definition shall refer to and include portable and potentially portable contrivances used or intended to be used generally for living and sleeping quarters and which is capable of being moved by its own power, towed or transported by another vehicle. 

02  This definition shall also include and apply to such vehicles or structures that are located on a permanent or temporary foundation but shall not include manufactured homes converted to real estate as defined herein. 

2.241 Manufactured Home – A factory built structure built under authority of 42 U.S.C. & 5403, is required by federal law to display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976. If a manufactured home is placed outside a mobile home park, the home must be assessed and taxed as real estate. 

01  Manufactured Home Converted to Real Estate – A manufactured home which is located outside a mobile home park shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes.  Manufactured homes converted to real estate shall not be considered as portable or potentially portable structures, but rather shall be considered single family dwellings for the purpose of this ordinance. 

02  Permanent Foundation – A pier footing foundation system designed and constructed to be compatible with the structure and the conditions of the site.  Said foundation system shall have visual compatibility with the permanent foundations systems of the surrounding residential structure.  A permanent foundation shall not under any circumstances be construed as a conventional mobile home skirting.

2.25 Mobile Home Park or Trailer Park - Any site, or tract of land under single ownership, upon which are located two or more mobile homes used as dwellings, either free of change or for a fee. A mobile home park shall include any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.

2.26 Motor Fuel Station - A place where minor automobile repair in conducted and where gasoline, diesel oil, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling and the sale of automobile accessories on the premises.

2.27 Nonconforming Use - A building, structure or premises lawfully occupied at the time of the enactment of the regulations by a use that does not conform with the provisions of the regulations for the district in which it is located; also, such use resulting from changes in zoning districts or in textual provisions made hereafter.

2.28 Ordinance/Resolution - Any legally enacted regulation adopted or amended by ordinance or by resolution.

2.29 Parking Area, Accessory - An area of one or more parking spaces located on the same property as the building, structure, or premises it is intended to serve, or on adjoining or nearby property other than the public right-of-way, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.

2.30 Scenic Route - The roadway and adjacent corridor as viewed from a road or highway designated as a scenic route by the State and/or the Regional Planning Commission.

2.31 Sign - Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the pubic, but not including any flag, badge or insignia of any government or governmental agency.

2.311 Sign, Gross Surface Area of - The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

2.32 Story - That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor, provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.

2.321 Story, Half - A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than 4 feet above the floor or such story; provided, however that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.

2.33 Street, Road - Any public way set aside as a permanent right-of-way or easement for vehicular or pedestrian access 21 feet or more in width; if it existed at the time of the enactment of the regulations; and any such public way created after enactment of the regulations, provided it is 50 feet or more in width.

2.34 Structural Alteration - Any change in supporting members of a building including but not limited to bearing walls, load bearing partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

2.35 Structure - Anything constructed, the use of which required permanent location on the ground, or attached to something having permanent location on the ground.

2.36 Waste Incinerator - A facility built and operated in compliance with federal and state regulations to safely dispose of approved waste materials.

2.37 Yard, Front - An open space extending the full width of the lot between a building and the front line, unoccupied and obstructed from the ground upward, except as hereinafter specified. A corner lot shall have two front yards. Easements for roads are not a part of the required yard.

Public Street/Easement

Front Lot Line

Rear Lot Line

Alley (or rear easement)

2.371 Front Yard, Least Depth - The shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the front lot line.

2.38 Yard, Rear - An open space extending the full width of a lot between a building and the rear lot line, unoccupied and obstructed from the ground upward, except as hereinafter specified.

2.381 Rear Yard, Least Depth - The shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the rear lot line. In the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length entirely within the lot parallel to and a maximum distance from the front lot line shall be considered the rear lot line.

2.39 Yard, Side - An open space extending from the front yard to the rear yard between a building, other than such parts as hereinafter excepted, and the nearest side lot line.

ARTICLE 3: DISTRICTS AND MAPS

3.0 The boundaries of all districts contained herein are hereby established as shown on the Shelby County Zoning map which is hereby made a part of the regulations. The district boundary lines on said maps are intended to follow lot lines, the centerlines of streets, existing or proposed alleys, or roadways, railroad rights-of-way or the corporate limit lines, all as they existed at the time of enactment of the regulations; but where a district boundary line does not clearly coincide with lot lines, it shall be determined by scaling.

3.1 Where a district boundary line divides a lot which was in single ownership and of record at the time of enactment of the regulations, the use authorized on and the other district requirements applying to the less restricted portion of such lot shall be considered as extending to the entire lot provided that where the more restricted portion of such lot is more than 50 feet beyond said dividing district boundary line, such less restricted use shall be limited to the portion of the lot lying within 50 feet of said boundary line.

3.2 Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment according to rules and regulations which it may adopt, as hereinafter provided under Subsection 23.21.

3.3 All territory which may hereinafter be annexed to a community shall be changed to a zoning classification compatible with the adjacent districts in said community upon application by that community.

ARTICLE 4: GENERAL PROVISIONS

4.0 Zoning Affects Every Structure and Use - Except as hereinafter provided, no building, structure or land shall hereafter be used and no building or part thereof or structure shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.

4.1 Continuing Existing Uses - Any building, structure, or use lawfully existing at the time of enactment of the regulations may be continued except certain nonconforming uses as provided in Section 4.2. Nothing in the regulations shall prevent necessary repairs to insure a safe condition of any part of any building or structure declared unsafe by the Zoning Administrator.

4.2 Nonconforming Uses - Except as hereinafter provided under Subsection 4.25:

4.21 Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot, or other act of God, may be reconstructed and used as before if it be done within 12 months of such calamity, if damaged less than 50% of its fair market value, as determined by the Board of Adjustment, at the time of such damage. If damaged more than 50% of its fair market value as determined by the Board of Adjustment, such building shall only reconstructed in accordance with the provisions of the regulations.

4.22 No building, structure, or premises shall again be devoted to a nonconforming use where such non-conforming use has been discontinued for more than two years or has been changed to a permitted use in that district.

4.23 Any nonconforming use of land not involving any structure, and any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period not to exceed three years after enactment of the regulations, whereupon such nonconforming use shall cease or structure shall be removed.

4.24 Any building or structure devoted to a nonconforming use with a fair market value of less than $500.00, as determined by the Board of Adjustment, may be continued for a period not to exceed three years after enactment of the regulations, whereupon such nonconforming use shall cease and thereafter such building or structure shall be removed or changed to a conforming use.

4.25 The foregoing provisions under Subsections 4.21, 4.22, 4.23, and 4.24, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the Land Use Plan as defined in Section 2.19.

4.3 Street Frontage - Minimum Requirement - No lot created after the adoption of the regulations shall contain any building used as a dwelling unless it abuts at least 40 feet on a street or has a permanent exclusive non-obstructed easement of access not less than 40 feet wide to a dedicated public street or road.

4.4 Lot Area Requirements

4.41 Existing Lots of Record - In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of the regulations, the owner of which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located, or requirements as may be modified by the Board of Adjustment as set forth hereinafter under Section 23.22. However, no lot of any size may be built upon unless the County Board of Health approves the method of sewage disposal and source of water supply.

4.42 Lots Unserved by Sewer and/or Water - In any district, where both water supply and public sanitary sewer are not accessible, the otherwise specified lot area and width requirements shall be increased where necessary to satisfy all applicable requirements of the County and/or State Health authorities concerning water supply and the disposal of sanitary wastes.

4.5 Number of Uses on One Lot - No lot shall contain more than one principal use or one principal structure unless specifically authorized by these regulations.

4.6 Accessory Buildings in Residence Districts

4.61 No accessory building shall be erected in any yard other than a rear yard and it shall occupy less than 30% of a required rear yard. Accessory buildings shall be limited to 15 feet in height, and shall be distant at least 3 feet from all lot lines of adjoining lots which are in any "R" District and at least 6 feet from alley lines and 6 feet from any other building or structure on the same lot.

4.62 Where the natural grade of a lot at the front wall of the principal building is more than 8 feet above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within 10 feet of any street line, provided that at least one-half of the height of such private garage shall be below the level of the yard or court.

4.7 Required Yard Cannot be Reduced or Used by Another Building

4.71 No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by the regulations, and if already less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

4.72 The space occupied by required parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

4.8 Conversion of Dwellings - The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the regulations, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter applying to such district.

4.9 Reserved

4.10 Minimum Ground Floor Area for Dwellings

4.101 A one-story dwelling shall contain not less than 600 square feet of usable ground floor area, exclusive of open porches, garages or steps.

4.102 A 1 1/2 or two-story dwelling shall contain not less than 560 square feet of ground floor area, exclusive of open porches, garages or steps.

4.11 Traffic Visibility Across Corner Lots - In any "R" District on any corner lot, no fence, structure or planting shall be erected or maintained within 20 feet of the intersection of said lot lines so as to interfere with traffic visibility at the intersection.

4.12 Essential Services - Essential services shall be permitted as authorized and regulated by law and other regulations of local governmental bodies, it being the intention hereof to exempt such essential services from the application of the regulations.

4.13 Off-Street Parking and Loading - In any district spaces for off-street parking and for loading or unloading shall be provided in accordance with the provisions of Article 21.

4.14 Validity of Existing Building Permits - Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of the regulations, the construction of which, conforming with such plans, shall have been started prior to the effective date of the regulations and completion thereof carried on in a normal manner within the subsequent 6 months' period, and not discontinued until completion, except for reasons beyond the builder's control.

4.15 Conditional Uses/Use Limitations - The county may create a class of uses that have conditions or other use limitations attached to approval. such conditions or limitations shall be established in order to protect the health, safety, and welfare of the public and to preserve property values.

The County Board may, after a Public Hearing and referral to and recommendation from the Planning and Zoning Commission, authorize conditional uses as designated in the district use regulations. In granting a permit, the Board shall prescribe and impose appropriate conditions, safeguards, and an operating/maintenance plan for the proposed use.

4.151 Application for Conditional Use Permits. A request for a conditional use permit or modification may be initiated by a property owner or his authorized agent by filing an application with the County upon forms prescribed for the purpose. The application shall be accompanied by a drawing or site plan and other such plans and data showing the dimensions, arrangements, descriptions data and other materials constituting a record essential to an understanding of the proposed use and proposed modifications.

4.152 Standards. No Conditional Use Permit shall be granted unless that Planning an Zoning Commission or County Board has found:

a. That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, moral, comfort, or general welfare of the County.

b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the area.

c. That the establishment of the special use will not impede the normal and orderly development of the surrounding property for uses permitted in the district.

d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic hazards or congestion on public roads.

f. The use shall not include noise or other emissions which are objectionable due to dust vapors or other substance which is harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or irritation.

g. The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provision are made for any necessary adjustments. 

4.16 Additional Requirements: Height Limits - Height limitations stipulated elsewhere in the regulations shall not apply:

4.161 To barns, silos, or other farm buildings or structures on farms, provided these are not less than 50 feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than 4 feet above the limiting height of the building. However, if, in the opinion of the Zoning Administrator, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the Board of Adjustment.

4.162 To places of public assembly such as churches, schools, and other permitted public and semi-public buildings not to exceed 6 stories or 75 feet, provided that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

4.163 To bulkheads, conveyors, derricks, elevator penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the Board of Adjustment.

4.17 Additional Requirements: Front Yard Exceptions and Modifications

4.171 Front Yard Requirements Do Not Apply - To bay windows or balconies occupying in the aggregate not more than one-third of the front wall, provided that these projections come entirely within planes drawn from either main corner of the front wall, making an interior angle of 22 1/2 degrees in the horizontal plane with the front wall; to chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches, plantings, or similar features not over three feet high above the average finished grade and distant five feet from every lot line.

4.172 In any district where the average depth of two or more existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yard on such lot shall not be less than the average of said existing front yards or the average depth on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard  on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any "R" District shall be at least 15 feet and need not exceed 100 feet.

4.18 Additional Requirements: Side Yard Exceptions and Modifications

4.181 Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have a least width equal to that required in the more restrictive district. Where a lot in an "I" or "B" District abuts a lot in an "R" District, the side yard shall be increased by 3 feet for each story that the building proposed on such lot exceeds the height limit of the said "R" District.

4.182 Side Yards Shall be Increased - In width by 2 inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 40 feet in any "R-1" District, or 50 feet in any "R-2" District.

4.183 Side Yards May be Reduced - By 3 inches from the otherwise required least width of each side for each foot by which a lot of record at the time of enactment of the regulations is narrower than the lot width specified for the district in which the lot is located, in the case of buildings not higher than 2 1/2 stories, and in case the owner or record does not own any adjoining property; provided, however and irrespective of the provisions of Subsection 22.361 that no side yard shall be narrower at any point than 3 feet.

4.184 Side Yards Measured to Adjoining Alleys - In no case shall a building or structure for which a side yard is required be erected within 5 feet of such alley.

4.185 On a Corner Lot - The least width of a side yard along the side street lot line shall be equal to the required front yard along the side street.

4.186 Structures or projections Into Side Yards May be Permitted as Follows - Fences, plantings or walls not over 5 feet above the average natural grade. Fire escapes, 3 feet from side lot line. Bays and balconies not more than 3 feet from the building, provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of 22 1/2 degrees in the horizontal place with the side wall. The sum of the lengths of such projection shall not exceed 1/3 of the length of the wall of the main building.

a. Chimneys, flues, belt courses, leaders, sills, pilasters and lintels, ornamental features, cornices, eaves, gutters, and the like, into or over a required side yard not more than 1 1/2 feet.

b. Terraces, steps, uncovered porches, stoops, or similar features, not higher than the elevation of the ground story of the building and distant 3 feet from a side lot.

4.19 Additional Requirements: Rear Yard Exceptions and Modifications

4.191 Rear Yards May be Reduced - By 3 inches from the required least depth for each foot by which a lot at the time of enactment of the ordinance is less than 100 feet deep, in the case of a building not higher than 2 stories, and in case the owner of record does not own adjoining property to the rear; provided, however, that no required rear yard shall be less than 10 feet deep.

4.192 Rear Yards measured Adjoining Alleys - In no case shall a building or structure be erected with 5 feet of such an alley.

4.193 Structures or Projections into Rear Yards May be Permitted as Follows - Fences, plantings or walls not over 5 feet above the average natural grade. Fire escapes, 6 feet. Bays and balconies, not more than 3 feet provided these projections are entirely within planes drawn from neither main corner of the rear wall, making an interior angle of 22 1/2 degrees in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed 1/2 of the width of the rear wall.

a. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, into or over a required rear yard not more than 1 1/2 feet.

ARTICLE 5: F-1 FLOOD PLAIN DISTRICT

5.0 All development in this district shall be in conformance with Flood Plain Regulations adopted and amended by Shelby County. This district is defined as that designated Zone A on the current Flood Insurance Rate Maps for Shelby County.

5.1 Permitted Principal Uses

5.01 Agriculture, including customary agricultural buildings and structures but not including permanent dwellings; nurseries and greenhouses.

5.02 Baseball or football fields, provided that the location of such fields shall comply with the distance requirements in Section 5.4.

5.03 Public parks, public recreation areas, playgrounds and community centers; private recreation areas and facilities, including country clubs, golf courses, riding stables, fishing lakes and boat docks.

5.04 Essential services as defined in Section 2.12.

5.2 When Authorized by the Board of Adjustment

5.21 Outdoor rifle or skeet shooting ranges; on premises located as to comply with 3 times the distance required in Section 5.3 and which premises are suitable for such use, for reason, among others of topography, screening by trees or other features, and also in consideration of the present and potential use of adjacent properties.

5.22 Gravel pits, mines, and stone quarries located as to comply with 6 times the distance required in  Section 5.4.

5.23 Any other use which, in the opinion of the Board of Adjustment, will not, when located, constructed and operated as proposed, be inconsistent with the purposes intended to be served by the provisions prescribed in this article for the F-1 District - among others, of protecting human life, preventing material losses and reducing the cost to the public of relief or rescue efforts occasioned by the unwise occupancy of areas subject to floods; and which use, at the same time, will not impair the present or potential use of adjacent properties.

5.3 Permitted Accessory Uses

5.31 Accessory uses and structures customarily incidental to a permitted principal use in the F-1 District.

5.32 Any other accessory use that is determined by the Board of Adjustment to be necessary and incidental to any aforesaid permitted use and located on the same lot therewith but not including any permanent residence except for a watchman or caretaker employed on the premises.

5.33 Signs as regulated by Article 20.

5.4 Required Conditions

5.41 All uses, buildings or premises, for which compliance with the distance requirement in this section is stipulated in the foregoing sections of this article, shall be distant at least 200 feet from any lot in a "R" District, or any lot occupied by a dwelling or by any school, church, or institution for human care.

    a. Tower set back requirements: Every tower shall be placed with set backs from all lot
    lines equal to the most extreme height of tower including all attached antennae and similar 
    structures. Detailed drawings of the structure showing extreme height designed will be 
    required to accompany each application.

5.5 Height Regulations - No principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in Section 4.16.

5.6 Lot Area, Frontage and Yard Requirements - The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in Article 4, inclusive.  

ARTICLE 6: C-1 CONSERVATION DISTRICT

6.0 Permitted Principal Uses

6.01 Agricultural and agricultural buildings including farm dwellings.

6.02 Public parks, playgrounds, and recreational areas.

6.03 Essential services as defined in Section 2.12.

6.1 When Authorized by the Board of Adjustment

6.11 Sanitary landfills, where located above flood hazard elevation and in accordance with county and state regulations except that no sanitary landfill shall be operated within one-half mile of any "R" District.

6.12 Mining, removal, and loading of sand or gravel, including equipment, buildings, or structures for screening, crushing, mixing, washing, or storage located not less than 1,200 feet from any "R" District and suitably distant or properly screened from any designated Scenic Highway.

6.13 Privately operated country clubs, golf courses, marinas or docking facilities, guest ranches, swimming clubs, riding stables, lakes, resorts, and similar recreational uses provided that any principal or accessory building in connection therewith shall be located above flood hazard elevation and not less than 200 feet from any lot in an "R" District.

6.2 Permitted Accessory Uses

6.21 Accessory uses and structures customarily incidental to a permitted principal use in the "C-1" District.

6.22 Signs as regulated by Article 20.

6.3 Height Regulations - No principal structure shall exceed two and one-half stories or 30 feet in height, and no accessory structure shall exceed 15 feet in height, except as provided in Section 4.16.

a. Tower set back requirements: Every tower shall be placed with set backs from all lot
    lines equal to the most extreme height of tower including all attached antennae and similar 
    structures. Detailed drawings of the structure showing extreme height designed will be 
    required to accompany each application.

6.4 Lot Area, Frontage and Yard Requirements - The following minimum requirements shall be observed subject to the additional requirements, exceptions, and modifications in Article 4, inclusive.

ARTICLE 7: A-1 AGRICULTURAL DISTRICT

7.0 Permitted Principal Uses

7.01 Agriculture and agricultural buildings, provided that confinement feeding of livestock shall not be permitted within 1,200 feet of any lot in an "R" district.

7.02 Public parks, public recreation areas, playgrounds, and recreation areas.

7.03 Essential services as defined in Section 2.12 and municipal administrative or public service building or properties, except such uses as storage yards, warehouses, garages, or other uses customarily conducted as gainful business, provided no building is located less than 20 feet from any lot in any "R" District.

7.03 a. Tower set back requirements: Every tower shall be placed with set backs from all lot lines equal to the most extreme height of tower including  all attached antennae and similar structures. Detailed drawings of the structure showing extreme height designed will be required to accompany each application.

7.04 Cemeteries of 10 acres or more in size.

7.05 Churches, chapels, or parish houses located not less than 20 feet from any side lot line in any "R" District.

7.06 Any building or structure occupied or used for nursery, elementary, junior high or high schools, public libraries, and similar public cultural, health, or educational uses located not less than 20 feet from any side lot line.

7.07 Sale of nursery and greenhouse products.

7.08 Railroad rights-of-way and trackage, not including switching, storage, terminal facilities or freight yards.

7.09 Single-family detached dwellings on lots of ten (10) acres or more.

7.10 Transformer stations and booster or pressure regulating stations, without service yard or storage.

7.1 When Authorized by Board of Adjustment

7.11 Sanitary landfills, in accordance with county and state regulations except that no sanitary landfill shall be operated within 1,200 feet of any "R" District.

7.12 Publicly or privately operated country clubs, golf courses, swimming clubs, riding stables, and similar recreation uses provided that any accessory building in connection therewith shall be located not less than 200 feet from any lot in an "R" District.

7.13 Airports and landing fields.

7.14 Mining, removal and loading of sand or gravel, including equipment, buildings or structures for screening, crushing, mixing, washing, or storage located not less than 1,200 feet from any "R" District and suitably distant or properly screened from any designated scenic highway.

7.15 Single family detached dwellings of lots of two acres or more that are for estate purposes or involve a residential structure created at least two (2) years prior to the request.

7.15 a. Single family homes on lots of more than 20,000 square feet where the dwellings are connected to an approved community or rural water system and are in those areas with soils shown as Class III or less productive in the Shelby County Soil Survey or on sites deemed not farmable for any other reason as determined by the Administrator.

7.16 Incinerators - The following minimum conditions are required:

a. No disposal of products or waste shall be permitted on the site.

b. The facility and buildings shall not be located closer than one mile from the nearest zoning district allowing residence.

c. The facility and buildings shall not be located closer than one-half mile from the nearest dwelling.

d. Such facility shall have access to a paved road or highway approved by the County Engineer.

e. The facility shall not be constructed until all applicable state and federal agencies have approved.

7.17 Seed manufacturers or processing facilities where such facilities are designed to avoid negative impacts on adjacent properties or roads.

7.18 Home occupations subject to Section 7.25 with the exception that the business may have employees that are not residents of the dwelling if the applicant can demonstrate that adequate provisions have been made to provide parking and that all adjacent property owners have been notified of such proposal.

7.2 Permitted Accessory Uses

7.21 Buildings, structures, and uses accessory to agricultural uses including roadside stands, selling produce grown on the premises, provided such roadside stands are located not less than 20 feet from a street or highway right-of-way line.

7.22 Private garages or parking areas.

7.23 Living quarters of persons employed on the premises.

7.24 Office of a physician, dentist, lawyer, architect, engineer, clergyman or accountant within the individual's personal residence.

7.25 Customary incidental home occupations such as handicraft, dressmaking, millinery and preserving, including beauty shop, barber shop, dancing or music school with not more than one pupil at one time or similar activity carried on solely by resident occupants within their residence, subject to the following provisions: that such use may occupy a portion of an existing dwelling or accessory building; that no such use shall require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings; that anything not produced on the premises is sold or offered for sale; and that no display of goods or services pertaining to such is visible from the street or road.

7.26 Signs as regulated by Article 20.

7.3 Height Regulations - No principal structure shall exceed 2 1/2 stories or 30 feet in height and no accessory structure shall exceed 15 feet in height, except as provided in Section 4.16.

7.4 Lot Area, Frontage and Yard Requirements - The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications in Article 4, inclusive. Each lot shall contain a minimum of 10 acres, except as specified for single family dwellings:

Single Family when authorized by the Board of Adjustment:

* whichever is less

ARTICLE 8: RESERVED

ARTICLE 9: RESERVED

ARTICLE 10: RESERVED

ARTICLE 11: RT: RURAL TRANSITION DISTRICT

11.0 Permitted Principal Uses: This district shall only be located within one (1) mile of an incorporated community.

11.01 Agriculture and agriculture buildings, except for confinement feeding or live stock auction uses.

11.02 Single family homes on lots of two acres or more.

11.03 Public parks, playgrounds, and recreational areas.

11.04 Essential services as defined in Section 2.12  and municipal administrative or public service building or properties, except such uses as storage yards, warehouses, garages, or other uses customarily conducted as gainful business, provided no building is located less than 20 feet from any lot in any "R" District.

11.05 Cemeteries of 10 acres or more in size.

11.06 Churches, chapels, or parish houses located not less than 20 feet from any side lot line in any "R" District.

11.07 Any building or structure occupied or used for nursery, elementary, junior high or high schools, public libraries, and similar public cultural uses located not less than 20 feet from any side lot line.

11.08 Sale of nursery and greenhouse products.

11.09 Railroad rights-of-way and trackage, not including switching, storage, terminal facilities or freight yards.

11.010 Transformer stations and booster or pressure regulating stations, without service yard or storage.

11.1 When Authorized by Board of Adjustment

11.11 Publicly or privately operated