(a) Definitions.
(1) "Freestanding outdoor furnace" shall mean, but is not limited to, any device, apparatus or structure that:
A. Is designed, intended or used to provide heat and/or hot water to any residence or structure;
B. Operates by burning wood or other fuel, including, but not limited to, coal, paper or agricultural products; and
C. Is not located within the residence or structure for which it is providing heat and/or hot water.
(2) "Free standing building" shall mean all buildings over 150 square feet in area, over 18 feet in length or width, or over 12 feet in height, that do not meet the requirements of a permanent structure.
(3) "Permanent structure" shall mean anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground.
(b) (1) It shall be unlawful to install or operate a freestanding outdoor furnace, or to cause or permit the installation or operation of a freestanding outdoor furnace, within the Village.
(2) Free standing buildings as described in division (a) of this section, shall be required to conform to the Village of Coldwater Zoning Ordinance, and be required to obtain a permit before the construction of said building.
(c) This section shall not apply to any freestanding outdoor furnace or any freestanding structure that was installed, connected and operating as of the effective date of this section. However, this section shall not be deemed as specific authorization for the use of any preexisting freestanding outdoor furnace 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 freestanding outdoor furnace.
(d) Whoever violates this section shall be guilty of a misdemeanor of the fourth degree and be subject to the sanctions provided in the Ohio Revised Code for such violations. Each day that a violation exists or continues shall constitute a separate and additional violation.
(Ord. 1572. Passed 1-11-10.)