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All sidewalk cafés shall meet the following requirements.
(A) The café may be unenclosed, partially enclosed, or covered, but must be clearly incidental to the operation of a restaurant on the same or adjacent private property.
(B) The café shall not obstruct any entrances to adjoining buildings, any pedestrian traffic, or any access to the café from the sidewalk.
(C) The café must keep at least five feet or 50% of the pavement width, whichever is more, free of obstruction.
(D) All tables, awnings, canopies, partitions, and accessory items shall be removed during the period of the year when the café is not in use.
(E) The café must be approved by the appropriate governing body having jurisdiction and/or ownership of the sidewalk. Liability insurance must be provided to the satisfaction of the governing body.
(F) The café shall meet all applicable health department, Alcoholic Beverage and Building Code regulations.
(G) If the café is within 500 feet of a Residential District, there shall be no outdoor music or entertainment.
(H) The café shall be designed to complement the character of the area, and/or structures and shall be attractively landscaped and/or decorated.
(I) The café and adjacent sidewalk areas shall be kept well maintained and free of debris.
(Prior Code, § 153.085) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
Nothing in this chapter shall prevent the use and alienation of mineral resources by the owner or alienee. However, any such use shall be subject to the following standards.
(A) No production shall be started nor shall any permit be issued until the Board shall have made a written determination with respect to the conditions under which such operation shall be conducted. The Board shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect surrounding property.
(B) In its review, the Board shall determine that the following standards are met, but may, where deemed necessary, make reasonable exceptions.
(1) That the site will be used for mineral extraction activities (as defined). Concrete batching plants and mixing plants for portland cement or asphaltic concrete, and the manufacture of concrete, clay, or cement products are only permitted if zoned industrial. All mineral extraction and related uses are subject to the performance standards prescribed herein, and shall be removed upon completion of active mining at the site upon which they are located.
(2) No production from an open pit shall be permitted which creates a finished slope steeper than two feet to one foot vertical for the excavation of sand and gravel, or which creates a finished slope steeper than one foot horizontal to one foot vertical for the excavation of products other than sand and gravel, except that in locations where the soil or rock content is such that vertical cuts are proven to be safe, a vertical cut thereafter of any depth shall be allowed.
(3) Property to be used for production shall be enclosed by a cyclone fence along the exterior boundaries for the promotion of safety and general welfare of the community.
(4) Where required, suitable plant material shall be placed and maintained to screen cut slopes from public view. There shall be no open storage of discarded machinery, trash, or junk which would present an unsightly appearance.
(5) Access roads to any site shall be limited to two, or, at most, three points, and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than 80 feet therefrom, and the 80 feet of road shall be improved with a dustless, all weather surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the Highway Department.
(6) Upon the completion of operations, the land shall be left in a safe condition as shown on the Plan of Rehabilitation so that sufficient drainage is provided so as to prevent water pockets or undue erosion, with all grading and drainage such that natural stormwater leaves the entire property at the original, natural drainage points, and that the area drainage to any one such point is not increased.
(7) Vehicles carrying materials from the site shall be loaded in such manner as to prevent spilling rock, gravel, or sand, or other materials of a similar nature, while in transit upon roads and highways.
(8) Mining shall be done so as to keep noise and dust to a minimum. Explosives shall be used only between sun-up and sun-down except in the case of emergency.
(C) All applications for mineral extraction shall be accompanied by a map or plat showing the existing conditions of the area proposed for mining (including existing contours and drainage); a plan of the operational and excavation areas; the time estimate for removal of the materials; and a plan of development showing the rehabilitation and reuse of the entire site following extraction (including proposed contours and drainage).
(D) Mineral extraction must comply with all applicable sections of I.C. 14-35-1-1
, I.C. 14-34, and I.C. 14-35.
(Prior Code, § 153.086) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
In addition to review by the Board of Zoning Appeals, all processing, storage, recycling, recovery, and disposal of hazardous waste shall be in accordance with the provisions of I.C. Title 13
, as amended and all processing, storage, recycling, recovery, and disposal of nuclear waste shall be in accordance with the regulations of the Nuclear Regulatory Commission.
(Prior Code, § 153.087) (Ord. 93-02, passed 2-1-1993)
The outdoor storage of motorized vehicles and related materials in a manner that does not comply with this section shall constitute a junk yard.
(A) The storage, repair, maintenance, and restoration of motorized vehicles on single family dwellings shall involve any motorized vehicle as defined in the noncommercial vehicle repair definition (§ 155.002). No repair, maintenance, or restoration shall be performed on motorized vehicles for compensation or otherwise as a business.
(B) Number of motorized vehicles allowed shall be limited based on the size of the lot, as shown below.
Minimum Lot Area | Number of Vehicles Allowed |
> 1 acre | 5 |
(C) Screening required. When more than two motorized vehicles are kept outside they shall be screened from the view of the public roads and/or adjoining lots by a structure, fence, or plant material that is not less than six feet in height and visually opaque.
(D) Outdoor repairs. No more than two motorized vehicles may be actively repaired outdoors at any one time. All other repairs shall occur within a garage or other fully enclosed area.
(Prior Code, § 153.090) (Ord. 2011-11, passed 9-19-2011) Penalty, see § 155.999
Cottage industries provide for small-scale economic development activities on residential parcels, subordinate to the primary residential use, if the Board of Zoning Appeals (BZA) or Zoning Administrator finds that such activities can be conducted without substantial adverse impact on the residential environment and rural character and that the scale and intensity of the cottage industry is greater than could be accommodated as a major home business, but less than would require a land use district designation of commercial or industrial.
(A) The following permitted uses are allowable as cottage industries, including, but not limited to: sales of antiques and collectibles; art or photography studios; computer software development; handicrafts; ironwork; construction office; furniture repair or refinishing; personal services; pottery shop; professional offices; small equipment repair; small engine and farm equipment repair; woodworking shop; or light manufacturing uses (as defined).
(B) The following are prohibited uses as cottage industries: auto, truck, or heavy equipment repair shop; auto body work; or paint shop.
(C) (1) A residence may be used as a temporary incubator for cottage industries involved with retail sales. The intent is for retail uses to eventually transition to a full service business within established commercial areas.
(2) Cottage industries that involve retail sales are issued a temporary permit for two years, after which the BZA may grant a two-year extension contingent upon a business plan that outlines a full service retail strategy.
(D) Cottage industries developed on parcels of less than three acres gross site area require special exception approval from the Board of Zoning Appeals. Cottage industries developed on a minimum parcel size of three acres gross site area may be:
(1) No more than three commercial vehicles shall be operated from the site or stored there overnight;
(2) No use shall be made of equipment of material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property; and
(3) No more than one non-illuminated sign no greater than 12 square feet is allowed.
(E) A permit for a cottage industry is not transferable, and new occupancy permit must be applied for whenever there is a change in the occupation, ownership of the property, or tenants in the dwelling unit. The Zoning Administrator may attach additional conditions or requirements, or may make modifications to the site plan where necessary to protect the health, safety and welfare of the public.
(Prior Code, § 153.091) (Ord. 2008-08, passed 10-6-2008) Penalty, see § 155.999
(A) Commercial solar energy system (CSES).
(1) The CSES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society of Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar rating and Certification Corporation (SRCC), International Building Code (IBC), Federal Aviation Administration (FAA), and National Electric Code (NEC), including all other applicable local and state standards. The manufacturer’s specifications for the key components of the system shall be submitted as part of the application.
(2) Upon completion of installation, the CSES shall be maintained in good working order. Failure of the owner and/or operator to maintain the CSES in good working order is grounds for appropriate enforcement actions.
(3) When possible, all on-site utility, transmission lines, and conductors should be underground. If not underground, conduit for conductors is to be used with approved hangers. Conduit will be suspended from the solar array.
(4) The owner of a CSES shall provide in writing confirmation that the utility company to which the CSES will be connected has been informed of the customer’s intent to install a cogeneration system and approved such connection.
(5) No portion of the CSES shall contain or be used to display advertisement. The manufacture’s name and equipment information or indication of ownership shall be allowed on any equipment of the CSES, provided they comply with the prevailing sign regulations for that zoning district.
(6) Glare from a CSES is prohibited from being directed towards vehicular traffic and any habitable portion of an adjacent inhabited structure. The applicant has the burden of proving that there is no glare produced on inhabited structures or in the roadway. All glare concerns shall be documented, and mitigation will be determined by the County Commissioners and consulted with the CSES owner.
(7) A noise potential study shall be performed and included in the application. Noise from a CSES shall be no greater than 60 decibels measured from nearest property line.
(8) CSES are a minimum of five acres.
(9) The CSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Planning Department for their file. The CSES owner and/or operator shall make reasonable efforts to respond to the public’s inquires and complaints.
(10) An economic development agreement, a drainage agreement, and maintenance agreement must be approved by the County Commissioners. The agreements shall be developed in conjunction with the County Economic Development, Surveyor and Highway Department offices and copies provided to the Planning Department. These agreements must be signed before any building permit is issued. The drainage agreement must prescribe or reference provisions to address crop and field tile damages for the life of the project for participating properties.
(11) Decommissioning. In order to facilitate and ensure appropriate removal of the energy generation equipment of a CSES a decommissioning agreement must be approved and signed by the County Commissioners before a building permit is issued. This agreement must include a description of implementing the decommissioning, a description of the work required, a cost estimate for decommissioning, a schedule for contributions to the decommissioning fund, and a demonstration of financial assurance. Salvage value can be considered in determining decommissioning cost. In the event of a fire, flood, tornado or other unforeseen events that results in the absence of electrical generation for 12 months, the applicant must demonstrate that the project will be substantially operational producing electricity within 12 months of the event after such time it will be considered abandoned and need to follow decommissioning as such.
(a) Applicant will provide financial assurance in an amount at least equal to said demolition and removal contractor cost estimate, through the use of a bond, letter of credit or other security acceptable to the county, for the cost of decommissioning CSES and related improvements constructed under the permit. Said security will be released when CSES is properly decommissioned as determined by Cass County Commissioners. Review of estimated cost shall be done every five years and the financial assurance reflect the changes.
(b) The CSES owner is required to notify the Planning Department immediately upon cessation or abandonment of the operation. The CSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(c) The CSES owner shall have 90 days to start decommissioning and 180 days to totally dismantle and remove the CSES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads, foundations, and other associated facilities from the property. If the owner fails to dismantle and/or remove the CSES within the established timeframes, the municipality may complete the decommissioning at the owner’s expense.
(d) If a ground mounted CSES is removed, any earth disturbance resulting from the removal must be graded and reseeded shall be discussed with property owner.
(12) By submitting a permit, applicants acknowledge that approval of such permit shall not give the property owner or their successor the right to remain free of shadows and/or obstructions to solar energy caused by development of other properties or the development or growth of any vegetation on such properties.
(13) Any CSES ground mounted equipment, excluding any security fencing, poles, roads and wires necessary to connect to facilities if the electric utility (“equipment”), must be 50 feet from property lines of any non-participating property and edge of road or road right-of-way unless a fully executed and recorded written waiver agreement is secured from the affected land owner. Additionally, CSES Equipment shall have a minimum setback of 150 feet away from property lines of land that has residential unit(s).
(14) All ground-mounted CSES shall be completely enclosed by a six-foot high fence. In areas abutting residential properties, two times a classification V buffer shall be provided.
(15) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence on the surrounding the CSES informing individuals of potential voltage hazards.
(16) Although lighting is not required, any lighting used at a CSES shall be fullcutoff and directed down. Lighting shall only be used when necessary for safety and operational purposes.
(17) The project owner shall plant, establish, and maintain for the life of the project vegetated ground cover on the ground around and under the solar panels where possible. The use of pollinator seed mixes in the plantings of ground cover is encouraged. A vegetation plan must be submitted that is compatible for that specific project. Such plan shall use native and naturalized species for the appropriate region. No plants listed on the Indiana Invasive Species list shall be included. It is the responsibility of the project owner to make sure noxious vegetation is controlled.
(18) Solar panels shall not exceed 22 feet, six inches in height. The height is determined from the ground to the top of the panel at any angle.
(B) Solar energy system – accessory (ASES).
(1) The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society of Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar rating and Certification Corporation (SRCC), International Building Code (IBC), Federal Aviation Administration (FAA), and National Electric Code (NEC) including all other applicable local and state standards.
(2) Upon completion of installation, the ASES shall be maintained in good working order. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions.
(3) When possible, all on-site utility, transmission lines, and conductors should be underground. If not underground, conduit for conductors is to be used with approved hangers. Conduit will be suspended from the solar array.
(4) The owner of an ASES shall provide written confirmation that the utility company to which the ASES will be connected has been informed of the customer’s intent to install a net metering system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(5) The display of advertisement is prohibited except for reasonable identification of the manufacturer of the system.
(6) All ASES shall be placed such that glare does not project onto nearby structures or roadways causing safety and health concerns.
(7) By submitting a permit, applicants acknowledge that approval of such permit shall not give the property owner or their successor the right to remain free of shadows and/or obstructions to solar energy caused by development of other properties or the development or growth of any vegetation on such properties.
(8) Decommissioning must start in 90 day and be totally removed within 180 days for each ASES and all solar related equipment if no electricity has been generated by such solar collection within 12 months. At such time the use will be considered discontinued or abandoned by system owner and/or operator. Decommission maybe also be determined for systems that are not maintained in a good working order. If a ground mounted ASES is removed, any earth disturbance resulting from the removal must be graded and reseeded.
(9) Roof-mounted and wall-mounted accessory solar energy systems:
(a) A roof-mounted or wall-mounted ASES may be located on a principal or accessory structure.
(b) For roof- and wall-mounted systems, the applicant shall provide evidence that the roof and/or wall is capable of holding the load based off of the International Building Code.
(10) Ground-mounted accessory solar energy system:
(a) The minimum yard setbacks from side and rear property lines shall be 20 feet and a 50-foot setback from the front property line or edge of road improvement.
(b) Freestanding ground mounted ASES shall not exceed the maximum accessory structure height 20 feet.
(c) The foundation and mechanical components of a ground mounted ASES shall be considered in lot coverage calculations.
(Ord. 2019-11, passed 9-3-2019; Ord. 2021-04, passed 7-19-2021)
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