(A) Purpose.
(1) It is the purpose of this section to prohibit or limit the construction and operation of free-standing outdoor furnaces within certain zoning districts in the village for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the village and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning by such furnaces create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles, and other products of combustion that can be detrimental to citizens health, and can deprive neighboring residents of the enjoyment of their property or premises.
(2) The adoption of this section is based on evidence and reports concerning the adverse health effects of wood smoke, increased air pollution, and smoke as nuisance as found in studies and in reports made available to the Village Council, including a report called "Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State" and the studies contained therein.
(B) Definition. For purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FREE-STANDING OUTDOOR FURNACE. Any device or structure that:
(a) Is designed, intended, or used to provide heat and/or hot water to any residence or other structure;
(b) Operates by the burning of wood or any other solid fuel, including but not limited to, coal, paper pellets, and agricultural products, or any other type of combustible material; and
(c) Is not located within a residential structure.
(d) Excluded from the definition of a FREE-STANDING OUTDOOR FURNACE is any device which is not designed or used to heat a structure other than the structure in which it is located.
(C) Prohibition.
(1) It shall be unlawful to install or operate a free-standing outdoor furnace, and to cause or permit the installation or operation of a free-standing outdoor furnace, within the R1, R2, R3, R4, and C1 zoning districts.
(2) In addition to prohibiting free-standing outdoor furnace in the R1, R2, R3, R4, and C1 zoning districts, no free-standing outdoor furnace will be allowed in any other zoning districts (C2, Industrial) within 200 feet of the nearest lot line in districts R1, R2, R3, R4, and C1. Any free-standing outdoor furnace allowed in districts C2 and Industrial will be limited to heating a single structure.
(3) This prohibition shall not apply to an industrial manufacturer or processor, located within the Industrial district of the village, which produces wood waste products in its manufacturing or processing operation.
(4) This prohibition is not intended to prohibit typical fire pits and backyard campfires in any zoning district, so long as they are safely constructed and attended and in accordance with authorized burn regulations of the Department of Natural Resources.
(D) Conflicts. This section shall not be construed as an exemption or exception to any other provision of any other code or ordinance of the village. In the event of a conflict between the provisions of this section and any other ordinance or other provision of law, the more restrictive provision shall apply.
(E) Existing uses. This section shall not apply to any free-standing outdoor furnace 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 free-standing 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 to nuisance caused by the use of a free-standing outdoor furnace.
(F) Violations; declaration of nuisance. Any free-standing outdoor furnace installed or operated in violation of this section is hereby declared to be nuisance per se.
(Ord. 5 09-06, passed 9-11-2006; Am. Ord. 01 05-07, passed 5-7-07
) Penalty, see § 93.99