Cass County Unincorporated
City Zoning Code

DEVELOPMENT STANDARDS

§ 155.090 PROCEDURE.

The following specified uses must meet the following development standards as listed in this subchapter in addition to the requirements of all other subchapters of this chapter. In a district which the specified use is permitted, the Zoning Administrator shall ascertain that the specifications of the subchapter are met. In a district in which the specified use is allowed by special exception, the Board shall ascertain that the specifications of this subchapter are met prior to approval of the special exception.

(Prior Code, § 153.070) (Ord. 93-02, passed 2-1-1993)

§ 155.091 CONFINED FEEDING OPERATIONS.

All confined feeding operations (as defined by I.C. 13-11-2-40 ) must meet the following standards.

(A) All structures shall be set back at least 50 feet from any right-of-way line and/or boundary line.

(B) The outer perimeter of the confined feeding operation including open pits, lagoons, or manure slurry holding tanks, pens, or lots shall not be located any closer than:

(1) One-half mile to the nearest boundary of any incorporated city or town; or

(2) One thousand three hundred twenty feet from any residential district, residence, other than the farm operator, any church, commercial use (other than agriculturally-related), school, recreational area (public or private), or any public building.

(C) An existing confined feeding operation may be expanded, extended, or enlarged at the same immediate location provided the following: The expansion, extension, or enlargement does not encroach into any required setback to a greater extent than that which exists prior to the expansion, extension, or enlargement.

(D) Any new residence, other than the farm operator, or any new church, commercial use (other than agriculturally-related), school, recreational area (public or private), or public building shall not be located closer than 1,320 feet from any existing confined feeding operation.

(E) All confined feeding operations shall meet all applicable regulations of the State Department of Environmental Management.

(F) The spreading of accumulated waste through land application shall be located so as to provide for the minimum separation distance provided below. If the required distances cannot be met, then the owner shall incorporate within 48 hours, or inject the waste into the soil to minimize the odors:

(1) Five hundred feet from a residential district line, or from an existing residence other than that of the farm operator; or

(2) One thousand feet from a built-up area of five or more contiguous residences.

(Prior Code, § 153.071) (Ord. 93-02, passed 2-1-1993)

§ 155.092 TEMPORARY USES.

An improvement location permit for a temporary use may be issued by the Zoning Administrator, subject to the standards in Table H below and after receipt of Board of Health approval, if applicable. Access and parking for all temporary uses shall be provided to the Zoning Administrator’s satisfaction. All temporary use sites shall be adequately cleaned up at the conclusion of the event. Signs for temporary uses shall comply with § 155.093. Any temporary use exceeding the standards of Table H shall be considered a special exception in the district in which it is located. Events which are reasonably expected to exceed an attendance level of 5,000 over an 18-hour period are required a mass gathering permit by the State Department of Health.

(A) Amusement and charitable activities, sponsored by public agencies, churches, civic and charity groups, schools, and other non-profit organizations on a temporary basis are permitted in any zoning district; provided it is on the site of the sponsor, or on public property with the approval of the appropriate governmental body. No permit is necessary if an amusement or charitable activity does not meet the standards; it shall be considered under the appropriate use as listed in Table H.

(B) (1) The sale or offering for sale of goods or services from any vehicle, including trailers, buses, or vans, shall be deemed to be a commercial use and shall be subject to all the regulations prescribed for the zoning district in which the same is conducted, but this regulation shall not be deemed to prohibit any vending from vehicles on a public street that is not otherwise prohibited by law.

(2) Table H: Temporary uses.

Use	District	Maximum Length of Time	Permit	Conditions
Auction/Pre-Priced Sale	Any District	3 days per year	Not Required	Parking to be controlled
Basement Home	AG, RR, R-1	Not to exceed 2 years from permit issuance	Required	Does not include permanently complete earth sheltered home
Carnival, Circus, Fair, Festival, or Concert	By Special Exception Approval in B-4, AB, AG, I-1, I-2	15 days per year per site	Required	Lights, noise, and traffic plans to be approved
Christmas Tree Sales	B-1, B-4, AB, AG, I-1, I-2	45 days per year	Required	Unsold merchandise to be removed by January 1
Contractor Office and Equipment Storage	Any District if incidental to construction or development	Must be removed upon completion of construction or development	Not required	Includes mobile homes, but no cooking or sleeping facilities
Farm Fair	AG, I-1, I-2	30 days per year per site	Not Required	None
Farm Tours, Hayrides (Commercial), Pick-Your- Own-Produce	B-1, B-4, AG, I-1, I-2	4 months per year	Not Required	None
Farmers’ Market	B-1, B-4, AB, AG	90 days per year per site	Required	Agricultural products only
Fireworks Sales	B-1, B-4, AB	45 days per year	Required	All applicable state and federal laws must be met; unsold merchandise to be removed by July 10
Outdoor Promotional Attraction, Tent Sale, Auto Show, Farm Equipment Show	B-1, B-4, AG, I-1, I-2	30 days per site per year	Required	Lights, noise, and traffic plans to be approved
Religious Tent Meeting	B-1, B-4, AB, AG, I-1, I-2	30 days per 6 months	Required	Off-street parking as required for churches
Sale of Personal Property at Place of Residence	Any District	3 months per year per item per site	Not Required	Items allowed such as automobiles, motor cycles, recreational vehicles, etc. May not be disabled vehicle (as defined). Must be titled to resident. Limit 2 items at a time
Sawmills on Property Where Timber is Cut	AB, AG, I-1, I-2	6 months per year	Required	Must meet § 155.036 if within 100 feet of off-property residence
Temporary Group Camp	B-1, B-4, AB, AG, I-1, I-2	1 week per 6 months	Required	Lights and noise to be controlled
Yard, Garage, or Porch Sales	Any District	2 days twice per year per household	Not Required	Only normal household site merchandise. Multiple participants allowed

(Prior Code, § 153.072) (Ord. 93-02, passed 2-1-1993; Ord. 95-14, passed 11-20-1995)

§ 155.093 ACCESSORY USES AND STRUCTURES.

Accessory uses and accessory structures, as defined, shall meet the following requirements.

(A) An accessory structure shall not be erected, or an accessory use located, prior to the establishment or construction of the principal building, or use to which it is accessory, or to which it is intended to be accessory, except for agricultural structures and accessory structures that meet principal structure setbacks.

(B) An accessory structure or accessory use may be permitted on a parcel of land separated by a public right-of-way or easement from the parcel containing the principal structure, but any accessory structure must meet principal structure yard requirements and division (A) above.

(1) An in-ground swimming pool shall be entirely enclosed by buildings, fences, or walls, which shall be at least four feet in height. The fences or wall must be equipped with self-latching gates or doors, with latching device located not less than four feet above the ground. All fencing must be in place and approved by the Zoning Administrator before the water is put into the pool;

(2) Above-ground swimming pools, hot tubs, and saunas are not subject to side and rear setback regulations, nor any of the standards in division (C)(1) above; provided they do not violate other sections of this chapter; and

(3) In addition to the above regulations, commercial swimming pools are subject to the standards as set forth by the State Board of Health Rule, 410 I.A.C. 6-2.1.

(D) No major recreational vehicle shall be parked or stored on any lot in any Residential District, except in a carport or enclosed building, or behind the nearest portion of a structure to the street. This provision, however, does not restrict the parking of a recreational vehicle on a residential lot for a period not to exceed 48 hours during loading or unloading. No such vehicle shall be used for living or housekeeping purposes when parked or stored on a residential lot, or on any location not approved for such use.

(E) Trucks, or tractor-trailer combination vehicles, in excess of one-ton capacity shall not be parked or stored in any Rural Residential or Suburban Residential District, or a non-farm lot in the Agricultural District, except in an enclosed building. Operating refrigeration units will be permitted in the General Business, Light Industrial, and General Industrial Districts only.

(F) In all zoning districts, satellite dish antennae (satellite earth stations) of up to 12 feet in diameter are permitted as accessory structures. A satellite dish antenna may be either roof-mounted or ground-mounted, and must meet the following standards:

(1) A roof-mounted antenna shall not extend above the required height of the zoning district in which it is located, and shall not overhang within two feet of any side or rear lot line;

(2) A ground-mounted antenna may he located in a side or rear yard, or in the front yard if it is at least 100 feet back from the front property line. The closest edge of any antenna may not be less than two feet to any side or rear lot line. Ground-mounted antenna may not extend above the accessory use height requirement.

(3) If any antenna cannot receive a usable satellite signal by complying with the above standards without substantial removal of mature trees or vegetation, the Zoning Administrator may allow for an antenna to be located within the front yard, if it can be proven, in writing, by the satellite dish installer/company, that there are no other alternatives. A USABLE SATELLITE SIGNAL is defined as a signal from a satellite which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations, or by way of cable television; and

(4) All antennae shall meet manufacturers specifications, shall meet all applicable Building and Electrical Code requirements, shall be of non-combustible and corrosive-resistant material, shall be erected in a secure, wind-resistant manner, and shall be adequately grounded for protection against a direct strike of lightning.

(G) Outdoor display of merchandise, where permitted, and outdoor storage for any use, shall not extend into any street right-of-way, required parking area, or bufferyard area, and shall be maintained in a neat and orderly manner, at all times. The following outdoor storage regulations shall also be met.

(1) Any article or material stored temporarily outside an enclosed structure as an incidental part of the primary commercial operation shall be so screened by opaque ornamental fencing, walls, or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground-level during any season of the year. This section does not apply to any commercial or industrial use, unless the storage area is located within 100 feet of a residence or residential district line.

(2) No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above- ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel, and except for permitted agricultural uses and permitted uses in the Industrial District.

(3) All outdoor storage of raw materials, waste products, and similar materials shall be enclosed by an approved safety fence, and shall be shielded from view of public streets and adjacent lots.

(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. This section does not apply to agriculture or agribusiness uses.

(H) Fences are permitted as accessory structures in any district and do not require any permit. However, fences, excepting partition fences as defined by I.C. 32-26-9-1 , must meet the following standards.

(1) Fences must be located entirely upon the lot which it serves, though it may be located immediately adjacent to the lot line.

(2) Fences in residential districts, or abutting residential uses, may not have a height greater than 48 inches in the front yard setback, with the exception of a fence that does not encroach into the front yard setback to a greater extent than the farthest point of the principal structure.

(3) Fencing in any district shall be constructed with typical fencing materials and styles, excluding barbed wire or electrically charged fences, unless for an agricultural use.

(a) Barbed wire may be used at the top portion of a permitted fence or wall in the AG, Agricultural, M, Light Industrial or I-2, General Industrial Districts, provided that the fencing does not abut a residential district or residential use.

(b) Barbed wire, where permitted, must be located more than seven feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence and subject to the fence height restrictions.

(4) All fences shall meet the requirements of I.C. 32-26 .

(5) No fence in any district may exceed eight feet in height. No fence abutting a residential lot or district may exceed six feet in height. All fences constructed abutting a residential lot or district must be designed so as not to prohibit light and/or ventilation to a residence and are subject to the setback distances as determined by Table B-1 in § 155.028.

(6) All fences shall meet the standards of this section if more than 75% of the fence is being repaired.

(I) A refuse disposal container (dumpster) and/or refuse storage area or corral for a commercial or industrial use shall not be located within any required front or side yard, parking area, or bufferyard. Refuse disposal containers and areas shall be opaquely screened from public streets and adjacent properties. This screening may be achieved by walls, landscaping, or the bufferyard, or by virtue of the location on the lot.

(J) Collection stations for used merchandise or for recyclable items are permitted in the Agricultural, Convenience Business, General Business, Agribusiness, Light Industrial, and General Industrial Districts, and are not subject to side or rear setback regulations; provided they are not located in a way to create a traffic hazard and do not violate other sections of this chapter. The collection stations shall be routinely emptied and no outdoor storage of items is permitted.

(K) Newspaper, soft drink, and ice vending machines, and other similar devices, are permitted in areas zoned commercial or industrial, and are not subject to setback regulations; provided they do not violate other sections of this chapter.

(L) No mobile home shall be stored or parked, vacant or otherwise, in any zoning district, except in conformity with the provisions of the district in which it is located.

(Prior Code, § 153.073) (Ord. 93-02, passed 2-1-1993; Ord. 2009-17, passed 12-7-2009; Ord. 2014-9, passed 8-18-2014; Ord. 2015-13, passed 10-19-2015; Ord. 2015-14, passed 10-19-2015) Penalty, see § 155.999

§ 155.094 SIGNS.

(A) The purpose of this section is to regulate all exterior signs placed for exterior observance so as to protect property values, to protect the character of the various communities in the county, to facilitate the creation of a convenient, attractive, and harmonious community, to protect against danger in travel and transportation, to improve and protect the public health, safety, convenience, and general welfare, and to further the stated purposes and intent of this chapter.

(B) Any sign erected on a lot or building for the purpose of identification, or for advertising a use conducted therein, or thereon, shall be an accessory use to the principal use.

(C) It is further intended that all signs within a given development be coordinated with the architecture of the principal use in such a manner that the overall appearance is harmonious in color, form, and proportion, and that the signs shall be structurally sound so as to ensure the safety of the general public.

(D) No sign shall be permitted in any district except as herein provided. No sign shall be permitted which creates a safety hazard. No sign, except as specified herein, shall hereafter be erected unless a sign permit has been issued by the Zoning Administrator. Applications for sign permits shall include detailed drawings of the construction and design of the sign, and shall be accompanied by such fee as may be established by the Board of County Commissioners.

(E) (1) Signs permitted in all districts. The following signs are permitted in all districts. No sign permit is required for these signs.

(a) One residential identification sign, not to exceed two square feet in area, for each residential dwelling, may be affixed to a fence or structure, or be freestanding. In addition, house numbers not to exceed two square feet depicting the address of the property are permitted. Also, a sign for an allowable home occupation is permitted, as specified in § 155.102.

(b) Signs for the purposes of identifying the name of schools, churches, community buildings, or other public or semi-public institutional buildings, residential subdivisions, apartments, or townhouse developments, or mobile home parks, shall be permitted provided the following conditions are met:

1. The sign shall not exceed 24 square feet;

2. If freestanding or monument, the sign shall be located not less than 15 feet from the road right-of-way. Either sign shall be double-faced or angled so that the vacant side cannot be seen:

a. Freestanding signs, including any structure to which it is attached, shall not exceed six feet in height; and

b. Monument signs including their encasement shall not exceed six feet in height or ten feet in width and must be located within a landscaped area.

3. No sign mounted on a building shall project above the ridge line of a sloping roof nor above the eave line of a flat roof; and

4. The Zoning Administrator may authorize additional signs if a building fronts on more than one street.

(c) One bulletin board, not illuminated except by indirect light and not exceeding 24 square feet in surface area, is permitted with any church, school, or other similar public-semi-public structure.

(d) Permanent off-site directional signs intended for the purpose of directing traffic to such civic or public facilities as churches, schools, or public parks shall be permitted; provided such signs do not exceed one square foot in area and are not placed so as to create a traffic hazard.

(e) Signs erected by a duly constituted governing body or a public utility, such as traffic control and safety signs, handicapped parking signs, railroad signals, entrance and exit signs, signs indicating scenic or historical places, welcome signs, county facilities and public directional signs, and memorial plaques, are permitted.

(f) Show window displays, including displays of merchandise, photographs, drawings, prices, promotional statements, and the like, designed and intended to be viewed by pedestrians passing in front of the show window.

(g) An exterior building directory on a multiple tenancy structure is not to exceed one sign and not to exceed six square feet in area.

(h) Any flags bearing the official design of a nation, state, city, community, organization, corporation, or school are permitted, and up to one decorative flag per property is permitted.

(i) On-site directional signs shall be permitted for the purpose of directing traffic and parking on the same lot as the sign(s). Such signs shall not exceed five square feet, shall not be located in any public right-of-way, and such sign, including any structure to which it is attached, shall not exceed four feet in height.

(j) Signs located on-site warning the public against hunting, fishing, dumping, trespassing, dangerous animals, swimming, or the like, shall be permitted. Such signs may be freestanding or attached to a fence, and such signs shall be no more than four square feet in area.

(k) Names of buildings, dates of construction, commemorative tablets, and the like, when carved into stone, concrete, or similar material, or made of bronze, aluminum, or other permanent type of construction and made an integral part of the building or structure.

(l) Signs accessory to an agricultural use located on a parcel of not less than 20 acres for the purpose of identifying such agricultural uses or advertising the products thereof. No such sign shall exceed 30 square feet in area, and all such signs on a given farm shall not exceed 60 square feet in area. No such sign shall exceed eight feet in height or be located closer than ten feet to any street right-of-way.

(m) Signs erected by farm operators on their barns or other accessory buildings giving their name, the name of their farm, and the year of the farm establishment.

(2) Signs prohibited in all districts. The following signs are specifically prohibited in all districts.

(a) Any sign which is in need of maintenance, or which is no longer functional, or is abandoned. Signs shall be considered no longer functional and abandoned when such sign is materially obstructed from view, when its essential elements are no longer readable, when a sign has been left by a business or other use which has ceased to operate, or when a condition of deterioration or dilapidation of the sign face or structure is in evidence. All signs shall be repaired, removed, or relocated in compliance with the regulations of this chapter within a reasonable period of time after official notification by the Zoning Administrator.

(b) Any sign which is constructed, altered, located, or illuminated in any manner which causes undue glare, distraction, confusion, nuisance, noise, or hazard to traffic or to other properties. No sign may be illuminated after 11:00 p.m. if it is located within, or adjacent to, any residential district, except those businesses remaining open beyond that time, in which case illumination shall cease upon closing.

(c) No sign which has a rotating beam, beacon, flashing, or alternating illumination shall be permitted for advertising or identification purposes where no hazard or need for caution exists. This section shall not be construed as prohibiting:

1. Time or temperature devices customarily identified with banks or lending institutions; and

2. Barber poles, provided such devices meet all other applicable provisions of this chapter.

(d) Any sign that is attached to a tree or other living vegetation, utility pole, rock, curbstone, sidewalk, lamppost, hydrant, bridge, highway marker or other sign, except for public informational signs as provided for in division (E)(1)(e) above.

(e) Any sign displayed on a stationary vehicle or trailer when the vehicle or trailer is used primarily for the purpose of and serving the function of an off-site sign.

(f) Any sign so placed that it obstructs any window, door, fire escape, stairway, ladder, opening, or access intended for light, air, ingress to, or egress from any building.

(g) Signs advertising activities which are illegal under federal, state, or county laws or regulations.

(h) Any sign that violates any provision of the state statutes.

(i) Any sign that is not expressly listed in this chapter.

(3) Temporary signs. Temporary signs are permitted within all districts within the county subject to the requirements listed below. No permit is required for these signs.

(a) Temporary real estate signs are permitted on any property being sold, leased, or developed if they are not illuminated, not in any required side or rear yard, and are no larger than seven square feet in any residential or agricultural district, nor 32 square feet in any commercial or industrial district. Such signs shall be promptly removed when the sale, lease, or development of the property has been completed.

(b) Temporary signs announcing such events such as “Grand Opening,” “Under New Management,” or “Going Out of Business.” Such signs may be either freestanding or building-mounted, or a banner, and shall be subject to the following standards:

1. A maximum of 20 square feet in area;

2. If freestanding, not to exceed eight feet in height or located closer than ten feet to any lot line;

3. For a period not to exceed 45 days;

4. Only contain information and/or advertising pertaining to the special event; and

5. On a given property, such temporary sign may be displayed only one time by the same proprietor in a 12-month period.

(c) Any temporary construction sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration, or repair of a building or development or announcing the character of a building enterprise or the purpose for which the building is intended. Such signs shall be located on the site of the construction work, not to exceed four square feet in any residential district or 32 square feet in any business or industrial district.

(d) Seasonal displays and decorations, for events such as religious holidays and the Fourth of July, not advertising a product, service, or entertainment.

(e) Freestanding, off-site directional sign(s) providing information as to the location of grand openings, private garage or yard sales, and other temporary uses or of real estate that is for sale or for rent. Such signs shall be subject to the following conditions:

1. No such sign shall exceed three square, feet in area or four feet in height;

2. Such signs shall not exceed five in number per use being advertised;

3. Such signs shall not be located in any public right-of-way;

4. Such signs shall not be situated so as to cause an obstruction or distraction to passing motorists; and

5. Such signs shall be removed promptly after the sale or temporary activity is over.

(f) Temporary signs, announcing a campaign, drive, or event of a civic, charitable, educational, historical, or religious organization. Such signs may be either building-mounted or freestanding and shall not exceed 16 square feet in area. If freestanding, no such sign shall exceed six feet in height or be located closer than ten feet to any street right-of-way. Such signs may be located on or off-site, and may be posted prior to the event for a period not to exceed 21, days and must be removed immediately after the completion of the event.

(g) Political campaign signs erected on election day at officially designated polling places.

(h) Temporary political campaign signs may be permitted on-site or off-site in any district subject to the following conditions:

1. No one such sign shall exceed 32 square feet in area, and no freestanding sign shall exceed eight feet in height;

2. No signs shall be erected for more than 45 days prior to the nomination, election, or referendum which they advertise;

3. Political signs shall be permitted during local special events, such as fairs, carnivals, and festivals. Signs must be removed immediately after the completion of the event;

4. All signs shall be removed within 14 days after voting;

5. Nothing in this provision shall be construed to authorize the posting of political campaign signs upon trees, utility poles, traffic control signs, lights, or devices, or in any place or manner prohibited by this chapter; and

6. Any temporary political campaign signs placed on buildings or in building windows which are visible to the outside shall meet the above requirements.

(4) Temporary signs permitted in all districts. The following signs are permitted in all districts subject to the requirements listed below. A permit is required for these signs.

(a) Temporary on-site signs advertising any temporary use specified in § 155.093. The signs may be freestanding or building mounted, shall not exceed one in number per use, shall not exceed 32 square feet in area and, if freestanding, shall not exceed eight feet in height. Such signs may be erected only for the duration of the temporary use and. shall be located only as approved by the Zoning Administrator. In addition, there may be off-site directional signs as specified by division (E)(5) below.

(5) Temporary signs permitted in Business and Industrial Districts. The following temporary signs are permitted in business and industrial districts subject to the requirements listed below. A permit is required for these signs.

(a) Portable, mobile, or “tow-in” signs shall be permitted in business and industrial districts to substitute for a permanent sign prior to installation of the permanent sign, to announce grand openings, or to advertise special sales events providing the following requirements are met:

1. These signs may be permitted on the premises for the period of time specified in conjunction with those uses listed in Table H above, or for 45 days if the use is not specified in Table H. Additional days may be permitted by the Zoning Administrator, if the sign is being used in lieu of a permanent sign;

2. No more than four permits shall be issued in any 12-month period for the same enterprise;

3. No sign shall contain information on any event not conducted on the premises, nor advertising for any product not sold on the premises;

4. In no instance shall such signs be permitted in the street right-of-way, nor shall they be placed so as to obstruct the view of oncoming traffic for cars exiting a premises or intersecting street;

5. No such sign shall be permitted to flash;

6. All such signs shall be safely anchored to the ground;

7. No more than one portable, mobile, or “tow-in” sign may be permitted per enterprise;

8. When not in use, all portable, mobile, or “tow-in” signs shall be stored out of public view; and

9. Any portable, mobile, or “tow-in” sign exceeding the above standard would require a special exception approval by the Board of Zoning Appeals.

(b) Inflatable balloons used for the purpose of product or business advertising shall be permitted as temporary signs in any business or industrial district for a period not to exceed seven days. The Zoning Administrator shall determine that no unsafe condition will exist due to the use of the device.

(c) Search lights with a vertical beam may be placed temporarily on the premises for grand openings and other similar special events. The Zoning Administrator shall determine that no unsafe condition will exist due to the use of the device.

(6) Signs permitted in B-1, Convenience Business District. The following signs are permitted in the convenience business district subject to the standards and restrictions set forth herein. No sign permits are required for these signs.

(a) Window signs are signs that are displayed in windows for pedestrian view.

1. Signs are not to exceed 40% of the glass window and/or door area.

2. These signs will not be regulated as temporary signs.

(b) Sidewalk “sandwich board” signs may be placed on the sidewalk of the proprietor’s property, not within the public right-of-way, unless approved by the County Council. There must be a three-foot minimum clearance remaining on any sidewalk for ADA compliance.

1. A sandwich board’s sign face is limited to eight square feet.

2. The sign must also be double-faced or angled so that the vacant side cannot be seen.

(7) Signs permitted in Business and Industrial Districts. The following signs are permitted in business and industrial districts, subject to the standards and restrictions set forth herein. A permit is required for these signs.

(a) One business sign mounted on the building occupied shall be permitted in connection with any legal business or industry, if the following requirements are met.

1. No sign shall contain information or advertising for any product not sold on the premises.

2. The business sign shall not have a surface area greater than two square feet for each foot of frontage of the building and shall not project above the ridge line of a sloping roof, nor above the eave line of a flat roof.

3. No sign shall project over any public sidewalk or right-of-way, unless eight feet above grade and approved by Board of County Commissioners.

(b) The Zoning Administrator may authorize additional business signs if one of the following conditions are met.

1. The business fronts on more than one thoroughfare.

2. More than one business is located in one building. In such instance, the combined total area of the business signs shall not exceed two square feet per front foot of the building.

3. The business has a rear parking lot, in which case one additional business sign may be permitted on the side or rear of the building occupied, provided such sign is constructed to the same standards as are required in the front of the premises.

4. The sign is part of a wall graphic, as defined in § 153.002.

(c) In addition to an attached business sign (or signs), one single or double-faced freestanding sign may be erected on a business or industrial site; provided the following conditions are met.

1. The sign shall contain only the logotype, trademark, or name of the company, commercial, or industrial center on the property. Only one freestanding sign shall be permitted on each individual business site; however, within commercial or industrial centers, one freestanding or monument sign shall be permitted. In such instances where an individual business site or commercial or industrial center has access on more than one thoroughfare, the Zoning Administrator may authorize such additional signs as are warranted. Additional freestanding signs may be approved as a special exception by the Board of Zoning Appeals, where specific and special circumstances warrant.

2. Freestanding pole sign.

a. The logo sign shall not be larger in total surface area than 25 square feet per face for each half acre of lot area on the premises, or 160 square feet per individual business site, whichever area is less. Commercial and industrial centers may not exceed 300 square feet.

b. Businesses which require the frequent display of special prices and/or events shall be permitted, in addition to a logo sign, one permanent changeable message center sign which does not exceed 20 square feet per face for each half acre of lot area on the premises, or 55 square feet, whichever area is less. Only one message center sign, whether changeable or electronic, shall be permitted on each individual business site; however, in such instances where an individual business site or commercial or industrial center has access on more than one thoroughfare, the Zoning Administrator may authorize such additional signs as are warranted. All such signs shall be mounted on the same pole or structure as the logo or signs.

c. Such sign, including any structure to which the sign is attached, shall not exceed 35 feet in height, shall be set back not less than ten feet from the road right-of-way, and shall not be located less than ten feet from any adjacent property. No sign may impede any line of site.

d. Spacing between a logo and message sign may not exceed four feet.

3. Monument signs. A sign mounted directly to the ground. No poles shall be visible. The maximum height is measured from the ground to the top of the sign including any base construction. Maximum width includes any frame or support structures. Total area represents each face of a sign.

a. To determine required area, height, and width, reference Table I below.

b. No sign shall be located closer than ten feet to any property line or road right-of-way. No sign may impede any line of site.

c. Monument signs must be located within a landscaped area.

4. Table I:

Property Frontage (Feet)	Area (Square Feet)	Height (Feet)	Width (Feet)
Less than 100	25	6	10
100-299	1)55	8	10
300 or more	1)65	8	10

1) or 0.33 sq. ft. per linear feet of frontage, whichever is less

(d) In addition to other permitted signs, gasoline stations may have the following signs:

1. Signs on vending machines, provided that such machines are placed together in a single group against the building;

2. Wall signs, not exceeding six square feet in area for each sign, identifying the special functions of various service bays in the building facade, located above the doorways and containing no advertising;

3. Signs on pump islands and/or canopies relating to self-service or full-service locations, prices (the numerals of which shall be between 12 and 18 inches in height) along local roads (24 inches if located along a limited access highway, and canopies may provide up to 36 inches if viewed from a limited access highway with a setback of more that 500 feet), promotions for products and services, displays of products, fuel availability, and so forth;

4. One sign stating hours of operation, in the form of a wall sign or window sign, not exceeding four square feet in area; and/or

5. A single wall sign not exceeding two and one-half square feet, identifying the owner or manager, the address of the property, and the telephone number.

(8) Off-premises signs. Off-premises signs (as defined) are permitted in the county. Off-premises signs may be either building mounted or freestanding (as defined). For the purpose of this chapter, an off-premises sign shall be treated as a principal land use.

(a) The following standards apply to both building mounted and freestanding off-premises signs:

1. Signs shall be permitted in the following zoning districts: B-4 General Business; AB Agribusiness; I-I Light Industrial; and I-2 General Industrial;

2. The maximum height of an off-premises sign above the road grade from which it is to be viewed shall not exceed 35 feet;

3. Lighting for off-premises signs shall be indirect and non-flashing in nature;

4. No off-premises sign shall be placed so as to obstruct the view of on-coming traffic, or create any kind of traffic hazard; and

5. All signs shall meet the Uniform Sign Code, 1979 Edition, as amended.

(b) The following additional standards apply to freestanding off-premises signs:

1. Each sign face shall contain no more than 300 square feet and no sign structure shall contain more than two such faces facing in the same direction and shall not be separated by more than 12 inches. However, a freestanding sign not exceeding 700 square feet in area per side may be permitted by special exception by the Board of Zoning Appeals;

2. Back-to-back freestanding signs may be separated in the shape of the letter “V” if the greatest point of separation between sign faces does not exceed 15 feet;

3. The distance between legally erected freestanding off-premises sign structures shall be a linear measure taken along right-of-way lines of that side of the street on which the sign is to be located. Freestanding signs shall be at least:

a. Five hundred feet or more from one sign to another on the same side of the street, which need not be met where a physical obstruction exists which prevents viewing two off-premises sign structures at the same time;

b. One hundred feet to any residential zone; and

c. One hundred feet to a church, school, or health care institution.

4. The distance measured at a right angle from the right-of-way line to the leading edge of an off-premises sign structure shall be no less than 15 feet.

1. Each building mounted sign face shall contain no more than 300 square feet, and there shall be no more than one such face on any building wall facing in the same direction;

2. No building mounted sign shall extend beyond the edge of the building to which it is attached;

3. Building mounted signs shall not be located closer than:

a. Two hundred fifty feet from any freestanding or building mounted off-premises sign on the same side of the street or road;

b. One hundred feet to any residential zone; and

c. One hundred feet to a church, school, or institution.

(d) Notwithstanding the provisions hereof, a non-conforming, off-premises sign structure may be continued but may not be extended, expanded, replaced, or otherwise increased in non-conformity, except as specified herein, or as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter. Non-conforming, off-premises sign structures may be maintained and repaired subject to the above restrictions.

(9) Operations. The following operations shall not be considered as creating a sign and therefore shall not require a sign permit:

(a) The changing of the advertised copy or message on an approved painted or printed sign, billboard, or a theater marquee, and similar approved signs which are specifically designed for the use of replaceable copy; and/or

(b) Painting, repainting, cleaning, and other normal maintenance and repair of an approved sign or sign structure, unless a structural alteration is made.

(Prior Code, § 153.074) (Ord. 93-02, passed 2-1-1993; Ord. 2013-5, passed 7-1-2013; Ord. 2014-10, passed 8-18-2014) Penalty, see § 155.999

§ 155.095 WIRELESS FACILITIES.

(A) This section is in accordance with I.C. 8-1-32.3, and compatible with the provisions of § 332(c)(7)(B) of the Federal Telecommunications Act of 1996, as in effect on July 1, 2015, and § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. This section does not apply to personal television antennas, ham radio, short wave radio antennas, or other communications equipment accessory to residential uses.

(B) Prior to an improvement location permit, the applicant shall provide information demonstrating compliance with all FCC, FAA and ANSI standards.

(1) No standards or applications are required for an applicant regarding the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.

(2) All other new wireless towers within the right-of way shall be reviewed by the Highway Superintendent.

(3) All wireless collocations on all personal or public properties shall provide property owner consent and provide an engineer certificate that indicates that the collocation can handle the new service's weight load.

(4) All wireless towers located on all other personal or public properties shall provide property owner consent if not the owner and meet the following standards:

(a) Fall zone limitation (setback). The fall zone requirement for a wireless support structure shall not be larger than the area within which the structure is designed to collapse, as set forth in the engineering certification for the structure. This section supersedes any setback requirement in this chapter.

(b) All new towers shall be designed and constructed to accommodate a minimum of three service providers.

(c) Ingress and egress to the site shall only be from approved access points. Surfacing of all roadways, driveways, and off-street parking areas shall comply with the standards of this section and the Chapter 153.

(d) Wireless facilities shall be entirely enclosed by a woven wire or chain link fence of no less than six feet. Such fence may be located in the front, side or rear yard.

(e) Towers shall not be illuminated, except in accord with other state or federal regulations.

(f) No signs shall be permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state or local agency. Such signs shall not exceed five square feet.

(D) Non-discrimination. Among communications service providers or public utilities with respect to the following:

(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.

(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.

(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the county.

(E) To function as the authority for all purposes within the meeting of I.C. 8-1-32.3-8 , otherwise known as the Federal Telecommunications Act of 1996, as in effect on July 1, 2015, unless considered a special exception or use variance. At such time, the Zoning Administrator shall exercise the authority to review applications for completeness before being heard before the Board of Zoning Appeals.

(Ord. 2009-04, passed 7-6-2009; Ord. 2015-16, passed 10-19-2015; Ord. 2020-14, passed 11-16-2020)

§ 155.096 MODULAR HOMES.

Modular homes shall meet the following requirements:

(A) The homes shall contain at least 950 square feet of occupied space per dwelling unit. Occupied space is defined as the total area of earth horizontally covered by a manufactured home; excluding accessory appendages such as, but not limited to, garages, patios, breezeways, and porches;

(B) The homes shall meet all requirements applicable to single-family and subject to all necessary improvement location, building, and occupancy permits;

(C) The homes shall be placed onto a permanent under floor foundation installed in conformance with the State One- and Two-Family Dwelling Code or the State Uniform Building Code in the case of multi-family dwelling units, and the manufacturer’s installation specifications;

(D) The homes shall be placed onto a permanent perimeter enclosure constructed in accordance with the State One- and Two-Family Dwelling Code, or the State Uniform Building Code in case of multi-family dwelling units;

(E) The homes shall have wheels, axles, and hitch mechanisms removed;

(F) The homes shall have siding material of a type customarily used on site-constructed residences; and

(G) The homes shall have roofing material of a type customarily used on site-constructed residences. Roofing material shall be installed in accordance with the manufacturer’s specifications.

(Prior Code, § 153.075) (Ord. 2009-17, passed 12-7-2009)

§ 155.097 MOBILE HOMES; MOBILE HOME PARKS.

(A) Mobile homes. Mobile homes shall meet the following requirements.

(1) The exterior walls and roof shall be structurally sound and tight and free from defects which might admit rain or dampness.

(2) All exterior surface materials, including wood, composition, or metal siding, shall be uniform in color, maintained weatherproof, and shall be properly surface coated when required to prevent deterioration;

(3) Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to be weather-tight. Every window sash shall be fully supplied with approved glazing materials which are without open cracks and holes;

(4) Each mobile home shall have suitable stairs and a porch or deck permitting access into the mobile home. The porch or deck providing primary access into the mobile home shall be a prefabricated or site-built porch or deck and shall be not less than 32 inches by 32 inches;

(a) Every stair, porch, deck, or other apparatus attached to the mobile home shall be so constructed as to be safe to use and capable of supporting the anticipated loads and shall be maintained in sound condition and good repair, and constructed in accordance with all applicable state and local codes.

(b) Every stair, porch, deck, or other apparatus shall have rails if more than 30 inches above the ground surface. Concrete blocks, lumber, or other materials shall not be stacked and used as stairs or a porch.

(5) Vinyl or aluminum skirting shall be installed around the perimeter of each mobile home within 30 days of placement of the mobile home. The required skirting must be securely attached and maintained against deterioration. The skirting must be uniform in color, material, and appearance;

(6) All mobile homes shall be securely anchored in accordance with 410 I.A.C. 6-6-11; and

(7) All utilities shall be permanently connected in accordance with the county code.

(B) Mobile home parks. Mobile home parks shall meet the following requirements.

(1) No home park shall have an area of less than five acres.

(2) Each home site within the park shall have an area of at least 4,000 square feet.

(3) There shall be at least 25 feet between homes.

(4) No mobile home shall be closer than 40 feet to an adjacent property.

(5) Not less than 10% of the gross area of the park must be improved for recreational activity of the residents of the park.

(6) The park shall be appropriately landscaped and screened (as defined) from adjacent properties in accordance with an approved site plan.

(7) All streets, sidewalks, and driveways shall be privately maintained and shall be constructed in accordance with the applicable standards contained in the Subdivision Control Ordinance.

(8) Applicable requirements of I.C. 16-41-27-23 shall be met.

(9) Mobile home parks with five or more homes shall also meet State Board of Health Rule 410 I.A.C. 6-6 as amended.

(Prior Code, § 153.076) (Ord. 93-02, passed 2-1-1993; Ord. 2009-17, passed 12-7-2009; Ord. 2015-15, passed 10-19-2015)

§ 155.098 RECREATIONAL VEHICLE PARKS/CAMPGROUNDS.

All recreational vehicle parks and campgrounds must meet the following requirements.

(A) Recreational vehicle parks and campgrounds shall have direct access to a public street with sufficient frontage thereon for the proper construction of entrances and exits. Such entrances and exits shall be designed for the safe movement of all vehicle into and out of the park.

(B) Conditions of soil, ground water level, drainage, geologic structure, and topography shall not create hazards to the park site or to the health and safety of occupants, nor shall the site be subject to the hazards of objectionable smoke, odor, or noise, or the possibility of subsidence, sudden flooding or sever erosion.

(D) The density of a park shall not exceed 17 recreational vehicles or camping spaces per acres of gross site area.

(E) Recreational vehicles and camping spaces shall be separated from each other and from other park structures by at least ten feet.

(F) In addition to complying with any required side or rear yard requirements of the district in which the park is located.

(1) No recreational vehicle or camping space shall be nearer than 50 feet to the right-of-way line of a highway or street.

(2) Where the boundary line of a recreational vehicle park coincides with that of a residential district, a yard of at least 25 feet shall be provided from a camping space.

(G) In the Agricultural District, food stores, restaurants, sporting good stores, laundromats, and similar convenience and service shops shall be permitted in recreational vehicle parks and campgrounds which contain 50 or more spaces; provided:

(1) Such shops and the parking areas required by their use shall not occupy more than 10% of the total area of the park;

(2) The use of the shops shall be solely by the occupants of the park; and

(3) Such shops shall be so located or designed within the park to present no visible evidence of their commercial nature to persons outside the park.

(H) Management offices and storage, playground and picnic equipment, sanitation and laundry facilities, informational signs, and other structures customarily incidental to a recreational vehicle park or campground shall be permitted as accessory uses.

(I) Recreational vehicle and camping spaces shall be rented by the day or week only, and each recreational vehicle occupying a space shall remain in the same park no longer than 180 days a year.

(J) All applicable regulations of the Board of Health shall be met.

(Prior Code, § 153.077) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.099 ADULT BUSINESS.

(A) In the development and adoption of those regulations, it is recognized that there are some adult business uses, which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas.

(1) It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods, nor endanger the well-being of the youth in their communities.

(2) The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth below, and, as such, serve a substantial government interest. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult uses by restricting their close proximity to churches, parks, county courthouse, libraries, schools (both public and parochial), and residential areas, while, at the same time, allow for reasonable alternative avenues of communication.

(B) This section is based upon findings of a study entitled “Adult Entertainment Businesses in Indianapolis, An Analysis, 1984,” which documents the blighting influences of adult businesses on surrounding neighborhoods. The findings of this study are valid for Logansport and Cass County because of the close proximity of Indianapolis, and because of general social-economic similarities of the communities. A copy of this study is on file with the Zoning Administrator. All adult businesses shall comply with the following provisions:

(1) The establishment of any adult business shall be prohibited if such business is within 500 feet of any other such adult businesses, or within 500 feet of the property line of any church, public or parochial school, library, public park, or county courthouse, or the boundary line of any Residential Zoning District or Agricultural Zoning District;

(2) The distance between one adult business and another adult business shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of each such business;

(3) The distance between an adult business and any church, public or parochial school, library, public park, county courthouse, Residential Zoning District or Agricultural Zoning District shall be measured in a straight line, without regard to intervening structures or objects from the closest property line of the adult business to the nearest property line of the church, public or parochial school, library, public park or county courthouse, or the nearest boundary line of the Residential Zoning District or Agricultural Zoning District;

(4) If any adult business is part of, or included within, a shopping center, only the portion of said center or leased space occupied by such adult business shall be included in determining the closest property line of the adult business;

(5) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to matters or performances as defined by I.C. 35-49-2 , as amended, by display, decorations, sign, show window, or other opening from any public right-of-way; and

(6) All adult businesses shall comply with I.C. 35-49-2 .

(Prior Code, § 153.078) (Ord. 93-02, passed 2-1-1993)

§ 155.100 JUNK YARDS AND SCRAP METAL YARDS.

All junk yards and scrap metal yards must meet the following requirements and all other conditions deemed necessary by the Board.

(A) The minimum lot area shall be ten acres.

(B) All operations shall be conducted entirely within an enclosed building or opaque fence not less than eight feet in height which bears no advertising and does not violate this chapter. Such building or fence shall be constructed on, or inside, the front, side, and rear yard setback lines required within the district in which located, and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property or highway. Storage, either temporary or permanent, between such fence and any property line is expressly prohibited. All applicable standards of I.C. 25-37.5-1-1 et seq. shall also be met.

(C) All salvage processing shall be entirely within an enclosed building and no processing shall be permitted closer than 300 feet from a Rural Residential or Suburban Residential District line or a residential use in the Agricultural District.

(Prior Code, § 153.079) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.101 AUTOMOBILE SERVICE STATIONS AND COMMERCIAL GARAGES.

All automobile service stations and commercial garages established after the effective date of this chapter shall meet the following standards.

(A) The minimum lot size shall be 15,000 square feet and in addition:

(1) Gasoline service stations shall have 500 square feet of lot area for each additional pump over four and 1,000 square feet of lot area for each additional service bay over two; and

(2) Commercial garages shall have 1,000 square feet of lot area for each additional service bay over two. There shall also be 300 square feet of additional land area for each space intended for storage of disabled vehicles.

(B) The minimum lot width shall be 150 feet.

(C) All activities, except those to be performed at the fuel pumps, shall be performed within a completely enclosed structure.

(D) Fuel pumps shall be at least 15 feet from any street right-of-way and any canopies shall meet the standards hereof.

(E) There shall be no outdoor storage of merchandise, such as tires or lubricants, and there shall be no outdoor storage of discarded auto parts.

(F) Vehicles shall not be stored outside while awaiting repairs for more than seven days. No vehicles may be parked or stored on any public right-of-way.

(G) Disabled vehicles may not be stored in the open at any time.

(H) Parking areas, bufferyards, and signs shall meet applicable sections of this chapter.

(Prior Code, § 153.080) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.102 HOME OCCUPATIONS.

Simple and major home occupations may be permitted where allowed subject to the provisions of this section.

(A) Simple home occupations may be approved by the Zoning Administrator when it is determined the following standards are met.

(1) The home occupation is considered customary and traditional, and incidental and subordinate to the residential use of the premises, and not construed as a business.

(2) The home occupation shall be carried on by a resident of the premises with no more than one employee not a resident on the premises.

(3) There shall be no more than one separate home occupation per premises.

(4) The home occupation shall not be conducted in any accessory building and shall not occupy more than 25% of the floor area of the principal dwelling unit except in the Agricultural District where an accessory structure may be used provided that the home occupation not exceed 50% of the gross floor area of the principal residential structure and that the accessory structure, if new, comply with principal structure setbacks. In no case shall both the principal structure and an accessory structure be used for the home occupation.

(5) There shall be no exterior indication of the home occupation or variation from the residential character of the premises.

(6) There shall be no direct sales or displays of articles other than those items produced or repaired on the premises of the home occupation.

(7) There shall be no outdoor storage of materials or goods produced and no display of goods visible from any adjoining property line or road.

(8) The home occupation shall not increase vehicular traffic flow and parking by any more than one additional vehicle at a time other than that of the one permitted employee.

(9) Delivery of materials to, or from, the premises by commercial vehicles shall not exceed once per week and for a period any longer than one hour.

(10) There shall be no use that shall create noise, vibration, smoke, dust, electrical interference, smell, heat, glare, fire hazard, or any other hazard or nuisance to a greater, or more frequent, extent beyond what normally occurs from a residence.

(11) No more than one sign shall be allowed. The sign shall be attached flat to the house and shall be no greater than two square feet in size.

(12) A permit for a home occupation is not transferable and a 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.

(B) Major home occupations may be approved by special exception in the Agricultural District or by the Zoning Administrator in the Business or Industrial Districts when it is determined that the following standards are met.

(1) The home occupation is incidental and subordinate to the residential use of the premises.

(2) The home occupation shall be carried on by a resident of the premises with no more than three employees not residing on the premises.

(3) There shall be no more than one separate home occupation per premises.

(4) The home occupation may be conducted in the dwelling unit or in an accessory building. The home occupation shall not exceed 50% of the floor area of the principal building.

(5) There shall be minimal exterior indication of the home occupation or variation from the residential character of the premises.

(6) Any sales or displays of articles produced on or off the premises shall be effectively screened from adjoining properties and road.

(7) No more than five vehicles and/or pieces of equipment shall be operated from the site or stored there overnight and shall meet the requirements of this chapter.

(8) Any outdoor storage of materials, equipment, or goods produced shall be effectively screened from adjoining properties and roads.

(9) The home occupation shall not increase vehicular traffic flow and parking by any more than two additional vehicles at a time, other than those of the permitted employees. Any parking generated by the home occupation shall be off-street and not in any required front yard.

(10) No use shall create noise, vibration, smoke, dust, electrical interference, smell, heat, glare, fire hazard or any other hazard or nuisance to a greater or more frequent extent beyond what normally occurs from a residence.

(11) No more than one sign shall be allowed. Such sign shall be no greater than four square feet in size.

(12) A permit for a home occupation is not transferable, and a new occupancy permit must be applied for whenever there is a change in the occupation, ownership of the property, or tenants in the house.

(Prior Code, § 153.081) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.103 BED AND BREAKFAST ESTABLISHMENTS AND COUNTRY INNS.

Bed and breakfast establishments and country inns shall meet the following standards.

(A) A bed and breakfast establishment shall have no more than six guest rooms or lodging units and a country inn shall have no more than 20 guest rooms or lodging units. These rooms or lodging units may be located within the principal structure or in an accessory structure. Accessory uses which are clearly incidental to the guest accommodations may be provided.

(B) The owner and operator of the bed and breakfast establishment or country inn shall live on the property.

(C) At a bed and breakfast establishment food service is to be limited to a continental breakfast. At a country inn, full meal service may be provided for guests and the general public. In addition, a country inn may provide banquet facilities, gift shops, and/or other small retail sales.

(D) No alterations shall be made to the external appearance of any principal or accessory structures or of the property which changes the residential character of the bed and breakfast establishment or country inn.

(E) One non-illuminated sign no greater than four square feet in size shall be permitted.

(F) There shall be one additional off-street parking space provided for each guest room at the bed and breakfast establishment or country inn.

(Prior Code, § 153.082) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.104 ACCESSORY APARTMENT.

A structure may be converted to allow the incorporation of one dwelling unit in addition to the single-family, or two dwelling units in addition to the commercial use of the building, to extend the economic life of a large, older building. Accessory apartments are subject to the following requirements.

(A) There shall be no visible change in the exterior appearance of the structure containing the accessory apartment, except for additional windows and those changes necessary to meet the regulations of this chapter.

(B) All improvements associated with construction of the accessory apartment shall meet all applicable Building and Health Codes.

(D) Each accessory apartment shall have safe and proper means of entrance and exit.

(E) There shall be a maximum of one accessory apartment which can be created from any single-family dwelling and it shall not exceed 25% of the floor space of the entire building.

(Prior Code, § 153.083) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.105 CONVERSION DWELLINGS.

Except for accessory apartments, as defined, no structure may be converted to accommodate an increased number of dwelling units, unless:

(A) The single-family appearance of the structure is not altered;

(B) Additional off-street parking shall be available as necessary; and

(Prior Code, § 153.084) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.106 SIDEWALK CAFÉS.

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.

(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

§ 155.107 MINERAL RESOURCES.

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

§ 155.108 HAZARDOUS WASTE/NUCLEAR WASTE.

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)

§ 155.109 LAND APPLICATION OF SLUDGE AND WASTEWATER.

Land application of sludge and wastewater shall be in accordance with the procedure, standards, and definitions of I.C. Title 13 and 330 I.A.C. 3.3 of the regulations of the state, as amended.

(Prior Code, § 153.088) (Ord. 93-02, passed 2-1-1993)

§ 155.110 NONCOMMERCIAL VEHICLE REPAIR.

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

§ 155.111 COTTAGE INDUSTRIES.

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

§ 155.112 SOLAR ENERGY SYSTEMS.

(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.

(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.

(Ord. 2019-11, passed 9-3-2019; Ord. 2021-04, passed 7-19-2021)