(a) Definition.
(1) For purposes of this section, the term "free-standing solid fuel-burning appliance" shall mean any device or structure that:
A. Is designed, intended, or used to provide heat and/or hot water to any residence or other structure;
B. Operates by the burning of wood or other solid fuel; and
C. Is not located within a residential structure.
(2) Excluded from the definition of a free-standing solid fuel-burning appliance is any device which is solely designed or used to heat the structure in which the appliance is located.
(b) Prohibition. It shall be unlawful to install or operate a free-standing solid fuel-burning appliance, and to cause or permit the installation or operation of a free-standing solid fuel-burning appliance, within the City, except within R-1R, Rural Residential and AG, Agricultural zoning districts.
(c) Conflicts. This section shall not be construed as an exemption or exception to any other provision of these Codified Ordinances or any other code adopted by reference as an ordinance for which the City is an enforcing agency. In the event of a conflict between the provisions of this section and any other ordinance or other provision of law, the more restrictive provision shall apply.
(d) Existing Uses. This section shall not apply to any free-standing solid fuel-burning appliance that was installed, connected, and operating as of March 17, 2006. However, this section shall not be deemed as an authorization for the use of any preexisting free-standing solid fuel-burning appliance and shall not be deemed to bar, limit, or otherwise affect the rights of any person to take private legal action regarding damage or nuisance caused by the use of a free-standing solid fuel-burning appliance.
(e) Violations; Declaration of Nuisance. Any free-standing solid fuel-burning appliance installed or operated in violation of this section is declared to be nuisance per se.
(f) Issuance of Civil Infraction, Citations, and Notices. The Fire Department and Building Inspection Department officials as authorized in Section 220.065 of the Administration Code are designated to issue municipal civil infraction notices and citations for violations of this section.
(Ord. 06-06. Passed 3-7-06.)