(a)   Intent and Purpose. This section is intended to control and regulate the construction and operation of outdoor wood boilers for the purpose of securing and promoting the public health, safety and welfare of the Village and its inhabitants.
   (b)   Definition. “Outdoor wood boiler” shall include any accessory structure, device or apparatus, or any part thereof, which is installed or situated outdoors and designed to provide or transfer heat through the combustion of liquid or solid fuel for the purpose of heating any interior space or water source or any other structure used in conjunction with human habitation such as swimming pools and hot tubs. An “outdoor wood boiler” may also be referred to as an “outdoor wood furnace” or an “outdoor wood-fired hydronic heater.”
   (c)   Prohibition. It shall be unlawful to install or operate an outdoor wood boiler, and to add to or expand the size of any existing outdoor wood boilers within the Village as of the effective date of this section.
   (d)   Existing Outdoor Wood Boilers.
      (1)   This section shall not apply to any outdoor wood boiler that was installed, connected and operating with all of the necessary permits as of the effective date of this section; provided, however, an existing outdoor wood boiler shall within 90 days of the effective date of this section meet the following requirements:
         A.   1.   Chimney height. The chimney shall be not less than 20 feet above the ground surface or two feet above the highest roof peak of the residence or structure that is serves. In addition, the chimney shall extend two feet above the highest peak of any residence located within 500 feet of the outdoor wood boiler.
            2.   The Zoning Administrator or designee, may approve a lesser height on a case-by-case basis if it is necessary to comply with manufacturer’s recommendations and if the smoke from the lower chimney height does not create a nuisance for neighbors.
         B.   Fuel. No fuel other than natural wood or lumber without additives, wood pellets without additives and agricultural seeds in their natural state may be burned.
      (2)   This section shall not be deemed as specific authorization for the use of any preexisting outdoor wood boiler 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 the outdoor wood boiler.
(Ord. 2009-01. Passed 4-13-09.)