(a) Any wood burner located and used within the Village of Edgerton shall either be complete enclosed within a structure intended for human occupancy or enclosed in a permanent structure as defined in subsection (b).
(b) For the purposes of subsection (a), a permanent structure shall be deemed to be a structure completely enclosed, built on a foundation made of concrete, and otherwise constructed in conformance with all applicable zoning laws.
(c) Installation and operation of any wood burning device shall comply with the following:
(1) The wood burning device shall comply with manufacturer specifications with respect to installation and operation;
(2) The wood burning device shall comply with all applicable state and federal laws;
(3) Any wood burning device located within a structure that is not intended for human occupancy shall be at least 50 feet from the closest property line.
(4) Any wood burning device located within any structure shall have a chimney stack which is at least two (2) feet above the roof line of the highest structure located on the subject property.
(5) Wood burning devices which are designed to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted;
(6) No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any wood burning device.
(7) A wood burner shall only be operated between September 15th and May 15th.
(8) To the extent a building permit is required to construct any permanent structure intended to enclose a wood burner, then at the time of applying for such permit, there shall be submitted a copy of the manufacturer’s specifications and any owner’s manual pertaining to the subject wood burner.
(d) Notwithstanding anything contained in Section 1145.05 of the Codified Ordinances of Edgerton, a variance shall not be granted deviating the terms of Subsections (a), (b) and (c) of this Section.
(e) Nothing contained herein shall authorize any installation or operation of a wood burning device that constitutes a public or private nuisance. Compliance with this Ordinance shall not be a defense to any civil or criminal action for nuisance.
(f) “Wood burner” means any device that is designed or intended to burn wood, or wood by-product or similar material, for the purpose of providing a source of heat, either directly or indirectly, to any structure or appurtenance thereto.
(Ord. 816. Passed 1-17-06.)