(A) Definitions.
CLEAN WOOD. Wood that has no paint, stains, or other types of coatings, and wood that has not been treated or combined with any petroleum product, chemical, preservative, adhesive, or other substance.
OUTDOOR FURNACES AND ACCESSORY STRUCTURE HEATING DEVICES (hereinafter OUTDOOR HEATING DEVICES). Sometimes referred to as a "hydronic heater," any boiler, stove, furnace, or other appliance designed or intended to provide heat and/or hot water to any residence or accessory structure which operates by the burning of wood, coal, corn, or other type of solid fuel, and which is not located in a residence but in an accessory structure. Not included in this definition is a device which is fueled by natural gas, propane, fuel oil, or electricity if the device has been inspected and approved by the city's mechanical inspector.
(B) Restrictions. It is unlawful to install or operate an outdoor heating device or cause or permit the installation or operation of an outdoor heating device within the city except as specifically authorized and permitted by this section. Any outdoor heating device existing within the city on January 1, 2024, may remain except as provided in division (E) below, but must be operated in compliance with this section.
(C) Installation standards. Every owner or person in control of an outdoor heating device installed on or after January 19, 2024 shall comply with the following requirements and standards:
(1) No outdoor heating device shall be located on a parcel that is part of a condominium subdivision or a platted subdivision.
(2) No outdoor heating device shall be located on a parcel of land less than three acres in area.
(3) No more than one outdoor heating device shall be permitted on any parcel of land.
(4) Such outdoor heating devices shall meet all specifications provided by the manufacturer and must conform to any state construction code provisions.
(5) An outdoor heating device shall be installed 50 feet or more from a property line and at least 300 feet from the nearest building which is not on the same parcel as the outdoor heating device.
(6) No outdoor heating device shall be installed or located in the front yard setback of a parcel.
(D) Operating standards.
(1) Outdoor heating devices shall not be used to burn any fuel other than a fuel listed by the manufacturer as a fuel that the device has been designed to handle. Outdoor heating devices should not be used to burn recyclable materials, plastic, rubber, paper products, trash, garbage, or yard waste, or any wood that does not meet the definition of clean wood.
(2) An outdoor heating device shall have a permanent chimney equipped with a spark arrester which extends at least 15 feet above the ground surface.
(3) No outdoor heating device shall be operated from April 15 - October 15, inclusive in any calendar year.
(4) Ashes or waste resulting from burning fuel in an outdoor heating device shall not be accumulated or stored on the premises.
(5) All fuel materials shall be neatly stacked or stored.
(E) Existing outdoor heating devices.
(1) The owner or person in control of an outdoor heating device which exists in the city as of January 19, 2024, shall operate such device in conformance with the operating standards set forth in division (D) above.
(2) Prior to the completion or consummation of the sale or transfer of any real property upon which, as of January 19, 2024, there exists an outdoor heating device that does not meet current EPA qualified smoke emission standards for hydronic heaters, the outdoor heating device shall be replaced with an outdoor heating device that meets the operation standards of this section or shall be removed.
(F) Nuisance. Any outdoor heating device installed or operated in violation of this section is declared to be a nuisance. In addition, nothing in this section shall be deemed to bar, limit, or otherwise affect the rights of any person or the city to take legal action regarding damage or nuisance caused by the use of such outdoor heating device. A nuisance may exist because of frequency of use, smoke, odor, noise or other factors which the city or a court finds meets the definition of a nuisance found in § 9.1 of this code or under state law.
(G) Conflicts. This section shall not be construed as an exemption or an exception to any other provision of the City Ordinances, including but not specifically limited to the city's Zoning Code or any other code adopted by reference as an ordinance for which the city is the enforcing agency, including the Building Code or Property Maintenance Code. In the event of a conflict between the provisions of this section and any other ordinance or any provision of law, the more restrictive provision shall apply.
(H) Enforcement.
(1) All outdoor heating devices shall be subject to inspection by the city's Fire Marshal to assure that the provisions of this section have been and continue to be satisfied.
(2) The Department of Public Safety and Building Inspection officials, including the Director of Public Safety, the Director's designees, the City Building Inspector, and the Inspector's designees, are authorized and designated to issue notices and municipal civil infraction citations for violations of this section.
(3) The City Building Inspector, the Director of Public Safety, and their approved representatives are hereby designated as the authorized city officials to issue municipal civil infraction citations for violation of this section.
(I) Penalty. A violation of this section is a municipal civil infraction, for which the fine shall be not less than $100 no more than $500 for the first offense and not less than $250 nor more than $1,000 for subsequent offenses, in the discretion of the court, in addition to all other costs, damages and expenses incurred by the city in enforcing the section. For purposes of this section, SUBSEQUENT OFFENSE means a violation of this section committed with respect to a separate incident by the same person within 12 months of a previous violation of the section for which said person admitted responsibility or was adjudicated to be responsible. Each day that such a violation occurs shall constitute a separate offense. In addition to the municipal civil infractions/penalties provided herein, the city may institute civil proceedings for injunctive, declaratory, or other equitable relief necessary to enforce this section.
(Ord. effective 12-15-2017; Ord. effective 1-19-2024)