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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)
WIND ENERGY CONVERSATION SYSTEM REGULATIONS
The purposes of this subchapter is to assure that any development and production of wind-generated electricity in the county is safe and effective, facilitate economic opportunities for local residents, and promote the supply of wind energy in support of the state’s alternative energy sources potential and other such economic development tools. It is the intent of the Wind Energy Conversion Systems (WECS) siting regulations to provide a regulatory scheme for the construction and operation of WECS in the county; subject to reasonable restrictions these regulations are intended to preserve the health and safety of the public.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019)
(A) The provisions of this subchapter are applicable to those districts which allow wind energy conversion systems (WECS), govern the siting of WECS and substations that generate electricity to be sold to wholesale or retail markets, or that generate electricity for private use.
(B) A reasonable attempt shall be made to notify all property owners within the defined area of the WECS project prior to making application for a WECS permit.
(C) Notification may be done by media, separate mailings, or through the public notice requirements prescribed by I.C. 5-3-1
, as amended from time to time. Said notice shall inform land owners of the intent to build any WECS and/or WECS Project.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019)
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