(A) Definitions.
(1) CHIMNEY. Chimney includes a stack and is a vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor heating device.
(2) OUTDOOR HEATING DEVICES. An outdoor device or structure designed for the combustion of solid or liquid fuels such as wood, coal, corn, oil or water in order that usable heat is derived for the interior of a structure. It is a freestanding unit situated outside of the envelope of the structure to be heated. These devices are presently exempt from EPA regulations. They do not include any heating device or system, including a fireplace, which may be placed inside a residence or other building pursuant to Department of Commerce Regulations and/or the local building code.
(B) Standards adopted. All outdoor heating devices shall meet all applicable standards of the Environmental Protection Agency of the United States of America and the Wisconsin Department of Commerce governing air quality and emissions, including any amendments thereto adopted after the effective date of this section.
(C) Chimney specifications. Chimneys shall have a minimum height of 15 feet measured from ground level.
(D) Setback and yard requirements. Outdoor heating devices are deemed accessory structures for purposed of zoning regulations. In R-1, R-IN, R-2, B-1, and B-2 Zoning Districts outdoor heating devices shall not occupy more than 30% of a required side yard or rear yard, shall not exceed 15 feet in height, except for the chimney, shall not be nearer than eight feet to any lot line, must be 25 feet from an adjacent building on owners property and be at least 40 feet from the nearest building which is not on the same property as the outdoor heating device. No outdoor heating devices shall be constructed or placed in a front yard.
(E) Nonconforming units. Any outdoor heating devices existing prior to February 2, 2007 that does not conform to the standards of this section shall, on the complaint of a resident of the village, be removed, replaced, or modified to meet the standards of this section within 90 days of notification of noncompliance from the Village Zoning Administrator, the Police Department or other village officer or agent.
(F) Operation limited. No outdoor heating devices may be used between May 1 and October 1.
(G) Penalty. Any person who constructs or erects any outdoor heating devices that does not meet the standards of this section, or who fails to remove, replace or modify an outdoor heating device that does not meet the standards of this section as provided herein, shall forfeit $25 per day for each day the noncomplying unit remains on the premises. The village may also enforce the provisions of this section by injunction or other equitable remedy.
(Ord. 154-2-07, passed 2-2-07)