(a) Purpose. This section is intended to promote the public health, welfare and safety by regulating the installation and operation of outdoor wood fired furnaces and/or similar devices.
(b) Applicability. This section applies to all outdoor wood-fired furnaces; corn- fired furnaces; pellet-fired furnaces; bio-fuel furnaces or furnaces with similar characteristics, in all zoning districts within the City of Clyde, except within mobile home parks.
(c) Definitions.
(1) “Bio-fuel Fired” means soybeans or wheat that is substituted for clean wood.
(2) “Clean Wood” means natural dry wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
(3) “Corn-Fired” means dry shelled corn that is substituted for clean wood.
(4) “Outdoor Wood Furnace” means a wood, corn, pellet or bio-fuel fired furnace, stove or boiler that is mounted on a concrete pad and is typically not located within a building intended for residential, commercial or industrial habitation.
(5) “Pellet-Fired” means pellets made from compacted sawdust; wood chips; bark waste paper and other organic materials as a substitute for clean wood.
(6) “Refuse” means any waste material except clean wood.
(d) Installation and Use of Outdoor Wood-Fired Furnaces.
(1) The outdoor wood-fired furnace shall be installed and used only in parcels of sufficient size to meet distance requirements to neighboring buildings or residences.
(2) The outdoor wood fired furnace shall be located at least 200 feet from the nearest residence, commercial establishment or industrial building which is not on the same property as the outdoor wood-fired furnace. Furnaces defined in accordance with subsection (c)(1), (3), (4), (5) above shall be considered an accessory structure and must meet all requirements for that district.
(3) If there is a residence within 200 feet of the wood-fired furnace, which is not on the same property, then the outdoor wood-fired furnace shall have an attached permanent stack extending higher than the roofline of the structure being served.
(4) The outdoor wood or corn-fired furnace shall comply with all applicable laws including, but not limited to City ordinances that prohibit creating a human health hazard or a public nuisance.
(5) Only clean wood, pellets, shelled corn, soybeans or wheat may be used in the furnace.
(6) The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in Section 1153.10(e) except paper and cardboard.
(7) The outdoor wood-fired furnace shall only be operated from September 15 through May 15 of each year.
(e) Materials that may not be Burned. Unless specific written approval has been obtained from the City Manager, the following materials may not be burned:
(1) Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(2) Waste oil or other oily wastes except used oil burned in a heating device for energy recovery is not permitted under this chapter.
(3) Asphalt and products containing asphalt.
(4) Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(5) Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(6) Rubber including tires and synthetic rubber-like products.
(f) Outdoor Wood Fire Furnace Permit.
(1) The owner of the outdoor wood fired furnace or similar approved furnace shall obtain a zoning permit from the City Manager before installation and pay a permit fee of ten dollars ($10.00). (Said fee shall also be posted on the schedule of fees for other zoning applications)
(2) Application. An application for a wood-fired furnace zoning permit shall be made to the City Manager upon forms furnished by the City that shall include, for the purpose for enforcement of these regulations, the following data:
A. Name and address of applicant and property owner;
B. Legal description of the property; and,
C. A sketch of the dimensions of the property, including location of buildings and the wood-fired furnace relative to the lot lines and distances from neighboring residences that are within 200 feet.
(3) Application process.
A. Upon receipt by the City Manager or his designate, he shall perform a site visit and review, before consideration of approval will be granted by the City Manager.
B. Applicants shall be notified in writing of the decision on their application within ten (10) business days of receipt of the completed application; and,
C. The City shall issue a zoning permit under this section for wood- fired furnaces that meets the standards established by Section 1153.10 of the Clyde Codified Ordinances
D. Validity of Permit. The zoning permit shall be valid for a period of eighteen months, in accordance with Section 1133.01(c). Installation of the wood fired furnace or other approved furnace shall be completed during that time or the permit is void and the applicant shall re-apply for a new permit.
(g) Right of Entry and Inspection. An officer, agent, employee or representative of the City who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this Section.
(h) Existing Nonconforming Outdoor Wood Fired Furnaces or Other Approved Furnaces. The lawful use of a nonconforming outdoor wood furnace or other approved furnaces existing at the time of the adoption of this ordinance may be continued although such furnace does not conform to the provisions of this ordinance. However, the use of a nonconforming outdoor wood fired furnace or other approved furnaces shall not be a public nuisance or cause a human health hazard prohibited by this section or sections prohibiting public nuisances. Location of nonconforming outdoor wood fired furnaces shall comply with Section 1137 Non-conforming structures.
(i) Enforcement and Penalties.
(1) The City Manager or his designate is authorized to enforce the provisions of this ordinance.
(2) The penalty for violation of any portion of this ordinance shall be a minor misdemeanor for the first offense and a fourth degree misdemeanor for subsequent offenses.
(Ord. 2006-107. Passed 11-7-06.)