(A) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building, except for strictly storage purposes, and not for human occupancy.
(B) The detached accessory building or swimming pool shall not be located closer to a rear lot line than three feet, have a side yard the same as that required for a dwelling, nor exceed 18 feet in height. The accessory building or swimming pool shall be set back of the rear line of the main building; however, a private swimming pool shall be surrounded by a fence of sufficient height and maintained so as to prevent access by children or animals. If any side or sides of a private swimming pool lie within ten feet of an abutting residential use, a solid screen of suitable construction material or solid planting screen to the height of six feet, which will act as a sound barrier on that side or sides, shall be provided and maintained.
(C) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mailboxes, name plates, lamp posts, bird baths, and structures of a like nature are permitted in any required front, side, or rear yard, without the issuance of any permit. Fences, lattice work, screens, hedges, or walls, not more than six feet in height, may be located in the required side or rear yard, and a hedge or an ornamental fence, not to exceed 3-1/2 feet in height, may be located in any front yard. However, nothing contained in this section shall be deemed to prohibit the construction or maintenance of a fence of any height in connection with an agricultural use. Trees, shrubs, flowers, or plants shall be permitted in any required front, side, or rear yard; however, vision clearance on corner lots shall be provided when required.
(D) Satellite television antennas shall be a permitted accessory use only in accordance with the following standards:
(1) A satellite television antenna, also known as a parabolic antenna, having a diameter greater than four feet shall be located on the ground, to the rear of the principal building on a building lot, but not within a required side yard or required rear yard.
(2) A satellite television antenna, also known as a parabolic antenna, having a diameter of four feet or less may be located on the principal building or an accessory building on a building lot, subject to the height regulations in division (3), below. When a satellite television antenna, also known as a parabolic antenna, having a diameter of four feet or less is located on the ground, the antenna shall be placed to the rear of the principal building on the lot.
(3) In all districts a satellite television antenna, also known as a parabolic antenna, may have a maximum height of 20 feet when located on the ground, and when located on the roof of a building in a commercial or industrial district shall not exceed the height limitation for the district in which it is located by more than ten feet.
(4) A satellite television antenna, also known as a parabolic antenna, having printed matter on its surface shall be treated as a sign in conformance with the regulations in Title XV of this code.
(5) A building permit shall be required prior to the permanent placement of a satellite television antenna, also known as a parabolic antenna, having a diameter greater than four feet.
(6) All cables and connections from a satellite antenna to other equipment on the premises shall be buried underground when an antenna is located on the ground, or appropriately concealed when an antenna is located on a building.
(E) Outdoor furnaces.
(1) Purpose. This subchapter is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Frankfort, Indiana. This regulation shall provide for the requirements and limitations of the installation of any exterior burning device, the primary purpose of which is to convert acceptable combustible fuel into a heat or energy source for interior spaces.
(2) Definitions. For purposes of this division (E) the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. All outdoor furnaces, combustible fuel fired hydronic heaters and similar devices are to be considered accessory structures, shall adhere to appropriate zoning codes and will require a city permit.
AMERICAN NATIONAL STANDARDS INSTITUTE. Product testing agency also known as ANSI.
ASTM INTERNATIONAL. Product testing agency, also known as ASTM.
CLEAN WOOD. Natural wood which has not been painted, varnished or coated with a similar material has not been pressure treated with preservatives, impregnated with any retardant chemicals, and does not contain performance enhancing resins or glues.
CONFLICTS. In the event of a conflict, the stricter of the regulations, ordinances, codes or such, shall be enforced.
EMISSIONS. The release of any or all of the following; smoke, steam, airborne particulates or fuel particles from the unit which have not been totally consumed by fire.
ENVIRONMENTAL PROTECTION AGENCY. U.S. government regulatory agency, also known as EPA.
EXTERIOR FURNACE. Any device, contrivance or apparatus or any part thereof which is installed, affixed or situated out of doors for the purpose of the combustion of fuel from which heat or energy is derived and intended to be directed from there by conduit or other mechanism into any interior space for the supply of heat or energy. The furnace and its components must have a current UL or ANSI listing. Also referred to in the text of this division (E) as a UNIT.
FURNACE DEVICE, EXTERIOR. Any contrivance, apparatus or part thereof, including a boiler, firebox, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, flue, exhaust conduit
and like devices used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location. The furnace and its components must have a current UL or ANSI listing. Also referred to in the text of this division (E) as a
UNIT.
GREEN WOOD. Term which means that the natural wood is not sufficiently seasoned and which contains an unacceptable moisture level.
INSPECTOR. This is to include the Building Inspector, Fire Inspector and/or their duly authorized representatives displaying proper city issued credentials.
MANUFACTURER SPECIFICATIONS. This includes any and all requirements specified in writing, submitted by the manufacturer of the unit which includes the following: pamphlets, drawings, installation and maintenance manuals and any other pertinent documents.
OUTDOOR FURNACE. A furnace, stove, boiler, or similar devices or any part thereof, designed for burning of clean wood, coal, corn, cobs, or any other combustible material. Also referred to in the text of this division (E) as a UNIT.
REFUSE. Any combustible waste material except clean wood.
SEASONED WOOD. Natural wood of any species that has been sufficiently dried so as to contain 20% or less moisture by weight.
TREATED WOOD. Natural wood of any species that has been chemically impregnated, painted, or similarly modified to prevent weathering or deterioration.
UNDERWRITERS LABORATORIES. Product testing agency also known as UL.
(3) Installation. All acceptable constructed units shall be installed to the following requirements:
(a) All units shall be installed in strict conformance with the appropriate manufacturer's specifications, instructions and regulations. All units must be issued and display the Environmental Protection Agency (EPA) placard regarding emissions and appropriate testing agency, i.e. UL, ASTM or ANSI.
(b) Any outdoor furnace installed after the effective date of this division (E) shall be located at least 50 feet from all lot lines of the parcel of which it is a part, with the exception of the front lot line. All accessory structures shall be located behind the rear plane of the primary structure on the shared lot.
(c) The unit shall have a chimney or flue through which all smoke and by-products of combustion are emitted. The height of the flue shall be determined by the distance from the nearest residence or other buildings intended for human occupation which is not served by the outdoor furnace unit, as follows:
1. 50 feet to 100 feet: Height of the tallest roof peak of the nearest residence or occupied building not served, plus two feet.
2. More than 100 feet: 75% of the tallest roof peak of the nearest residence or occupied building not served, plus two feet.
3. In no event shall the chimney, flue or stack be less than 15 feet tall.
(d) The accessory structure shall not be located any closer to any building than the required flue height as stated in division (E)(c)1., 2., and 3. This restriction shall apply regardless of whether the adjacent building is located on the same parcel as the accessory structure or on a neighboring parcel.
(e) The flue assembly shall be adequately supported either by a complete guy wire assembly of no less than a three-wire configuration or a vertical tower support unit. The tower unit shall be adequately supported by concrete base.
(f) The required distribution piping system utilized to transfer the heated water from the unit and its return piping from the house must be of the accepted configuration and installed in accordance with manufacturer's specifications. Adequate protection measures must be adhered to.
(g) A fire extinguisher of adequate size and type, approved by Fire Department Inspector, must be readily accessible.
(h) The manufacturer's specification booklet supplied with the unit must be made available to an inquiring city inspector upon request.
(i) Any deviations or non-compliance with appropriate provisions of the city zoning code or adherence to manufacturer's specifications could cause the unit to be declared a nuisance as described in § 96.01 of this code.
(j) The unit must be adequately secured in place to prevent movement by appropriate methods, i.e. tie-down straps, anchor bolts.
(k) Prior to approved installation, a city building permit must be obtained.
(4) Materials that may not be burned. The following materials shall not be utilized as fuel and not be burned in the units:
(a) Rubbish or garbage, including but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture or furniture parts, roofing materials, pallets, construction or demolition debris, household or commercial generated wastes;
(b) Any petroleum products or waste, accelerant or fuel shall not be used;
(c) Any products which contain asphalt;
(d) Chemically or oil treated, painted, stained, varnished or enhanced wood and or lumber products;
(e) Rubber, including tires, tubes and natural or synthetic rubber like products;
(f) Printed paper, corrugated cardboard, container board and paper products. Notwithstanding the foregoing provisions, small quantities of paper or cardboard may be used as starter fuel;
(g) Wood which is not seasoned, i.e."green";
(h) Wood which is not locally harvested;
(i) Any other material determined by the Fire Department or the Building Inspector to be potentially harmful to the health, living conditions, safety and welfare of the public.
(5) Fuel storage. All acceptable wood, which is intended to be used as fuel for the unit, shall be cut in lengths as recommended by unit manufacture, and stored in a manner which does not distract from or compromise the surrounding area. Any other acceptable fuel must be stored in a weather-tight, vermin- restrictive container.
(6) Existing units. Any unit installed and operational prior to the adoption of this division (E), shall be appropriately adapted and/or reconfigured as to be in compliance with the EPA June 2007 emission regulations, also in accordance with the appropriate testing agencies and manufacture specification requirements.
(7) Right of entry and inspection. The Building Inspector or designee, Fire Department Inspector or designee, who presents proper current credentials, may inspect any property, appropriate equipment and/or unit, for the purpose of ascertaining compliance with the provisions of this division (E).
(Ord. CO-67-2, passed 2-21-67; Am. Ord. CO-77-21, passed 10-19-77; Am. Ord. 85-2, passed 4-8-85; Am. Ord. 85-5, passed 5-28-85; Am. Ord. 85-22, passed 1-27-86; Am. Ord. 02-20, passed 6-23-03; Am. Ord. CO-07-04, passed 5-29-07) Penalty, see § 155.999