(A) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FREESTANDING WOOD BURNING FURNACE.
(a) Any device or structure that is:
1. Designed, intended, or used to provide heat and/or hot water to any residence or any structure, and/or accessory use (such as pools);
2. Operated by the burning of wood or other solid fuel;
3. Not located within the structure for which it is providing the heat or hot water.
(b) Excluded from the definition of a
FREESTANDING WOOD BURNING FURNACE is any device which is design or used to heat or provide hot water for only the structure in which it is located.
(B) Prohibition. Except as provided below, it shall be unlawful to install, use, maintain, or operate a freestanding wood burning furnace, and to cause or permit the installation or operation of a freestanding wood burning furnace, within the city.
(C) Separation and operation requirements. A freestanding wood burning furnace shall be permitted under the following circumstance:
(1) Where it is located no closer than 150 feet from any adjoining residential or commercial structure (excluding in this calculation the structure for which it is used to provide heat and/or hot water); and
(2) Where it is operated such that it shall not emit smoke or fumes which annoy or constitute a nuisance to others living in the neighborhood; and
(3) Where all fuel for such furnace shall be stored at least 50 feet from any property line.
(D) Existing uses. Notwithstanding § 92.03, § 92.07 shall apply to any freestanding wood burning furnace that was installed, connected, or operating as of the effective date of this section, and, unless the separation and operation requirements are met pursuant to division (C) of this section, such use, maintenance, and operation of the freestanding wood burning furnace is hereby prohibited. Any such existing freestanding wood burning furnace shall be removed from service within 90 days of the adoption of this section unless conditions set forth in divisions (C)(1) through (3) of this section are satisfied.
(Ord. 275, passed 5-17-04)