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(a) APPURTENANCE: For the purpose of this chapter, an alternative energy system that is attached to the roof or extends above the highest peak of the roof.
(b) CHIMNEY: Flue or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.
(c) CLEAR FALL ZONE: A clear fall zone is the area or radius surrounding the turbine that if it were to fall, would remain confined within the property or parcel where the turbine is located.
(d) EPA OWHH PHASE I PROGRAM QUALIFIED MODEL: An outdoor wood-fired hydronic heater (OWHH) that has been qualified under the OWHH Phase I Program administered by the United States Environmental Protection Agency. The model has met the EPA OWHH Phase I emission level and has the proper qualifying label and hangtag.
(e) EPA OWHH PHASE II PROGRAM QUALIFIED MODEL: An outdoor wood-fired hydronic heater (OWHH) that has been qualified under the OWHH Phase II Program administered by the United States Environmental Protection Agency. The model has met the EPA OWHH Phase II emission level and has the proper qualifying label and hangtag.
(f) HEIGHT, WIND TURBINE: The distance measured from true grade at the base of the tower to the highest point of the turbine rotor or tip of the turbine blade at its highest point.
(g) HEIGHT, APPURTENANCE: The distance measured from the highest roof peak of the primary or accessory building on which it is mounted to the highest point of the appurtenance.
(h) OUTDOOR WOOD FURNACE: Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat or a hot water source for the principle structure, the site, or any other building or structure on the premises. An outdoor wood furnace may also be referred to as an outdoor wood boiler or outdoor wood-fired hydronic heater.
(i) OUTDOOR WOOD FURNACE, EXISTING: An outdoor wood furnace that was purchased and installed prior to the effective date of this chapter.
(j) OUTDOOR WOOD FURNACE, NEW: An outdoor wood furnace that is first installed, established or constructed after the effective date of this chapter.
(k) NATURAL WOOD: Wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or
glues as in plywood or other composite wood products.
(Ord. 85-2009. Passed 10-26-09)
(a) Outdoor wood furnaces shall be installed in the rear yard only.
(b) No person shall, from the effective date of this chapter, construct, establish or install a new outdoor wood furnace and/or operate/maintain a new or existing outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such installation, operation/maintenance and the requirements of this chapter.
(c) All materials used as fuel in a new or existing OWF shall be in conformance with the manufacturer's instructions or the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
(d) The chimney height of a new or existing OWF shall conform to the manufacturer's instructions or the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's recommendations are stricter, in which case the manufacturer's instructions shall apply.
(e) The owner of any outdoor wood furnace shall produce the manufacturer's owners manual or installation instructions to the Director of Safety Service or his/her designee for review at any time, if requested.
(f) All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
(g) If an existing outdoor wood furnace is, through the course of proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the City.
(1) Modifications may be made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor wood furnace, or both.
(2) Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
(h) Outdoor wood furnaces shall be constructed, established, installed, operated and
maintained pursuant to the following conditions:
(1) Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer.
(2) The following fuels are specifically prohibited in new or existing outdoor wood furnaces:
A. Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.
B. Rubbish or garbage including but not limited to food wastes, food packaging or food wraps.
C. Any plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films and plastic containers.
D. Rubber, including tires or other synthetic rubber-like products.
E. Newspaper (other than used in small quantities to start an initial fire in the burn chamber), cardboard, or any paper with ink dye products.
F. Any other items not specifically allowed by the manufacturer or this chapter.
(i) Setbacks for any new outdoor wood furnace that is EPA OWHH Phase I Program qualified:
(1) The outdoor wood furnace shall be located a minimum of 40 feet from all property lines.
(2) The outdoor wood furnace shall be located on the property in compliance with the manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
(3) The outdoor wood furnace shall be located a minimum of 100 feet from any residence, including an attached garage, that is not served by the outdoor wood furnace.
(j) Setbacks for any new outdoor wood furnace that is EPA OWHH Phase II Program qualified:
(1) The outdoor wood furnace shall be located a minimum of 25 feet from all property lines.
(2) The outdoor wood furnace shall be located on the property in compliance with the manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
(3) The outdoor wood furnace shall be located a minimum of 100 feet from any residence, including an attached garage, that is not served by the outdoor wood furnace.
(k) Chimney heights for an existing outdoor wood furnace shall be as follows:
(1) The chimney of an outdoor wood furnace shall extend at least two feet above the peak of any residence not served by the outdoor wood furnace located within 300 feet of such outdoor wood furnace. (See Fig. 1)
(2) If there is an existing installed outdoor wood furnace and there is new construction of a residence not served by the outdoor wood furnace within 300 feet of such outdoor wood furnace, then the owner of such furnace shall conform to the stack height requirements in these regulations within 30 days of the date such adjacent construction is complete and upon written notice from the Building and Zoning Department.
Fig. 1 - Chimney Height of Outdoor Furnaces
(l) Outdoor furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and chimney height requirements as EPA Program qualified models.
(Ord. 85-2009. Passed 10-26-09)
(a) Freestanding lattice or single mono-pole wind turbines are conditionally permitted in all zoning districts. See Chapter 1298.
(b) Wind turbines supported by guy wires are not permitted.
(c) Wind turbines installed as appurtenances to primary or accessory buildings do not require conditional use approval but do require a building permit and shall not extend more than 10 feet above the structure on which it is placed. Such appurtenances are subject to all other applicable zoning and building code restrictions.
(Ord. 85-2009. Passed 10-26-09)
(a) Solar panels mounted on a primary or accessory structure are considered to be appurtenances, require a building permit and are subject to all applicable zoning and building code restrictions.
(b) Roof mounted panels shall not extend more than one foot above the structure on which they are placed.
(c) All solar panels shall be installed in accordance with the manufacturer's design, installation and operation standards as well as all local, County, State and Federal guidelines.
(d) Free-standing solar panels are considered to be accessory structures, require a building or zoning permit and are subject to accessory use regulations.
(e) All solar panels shall be UL listed.
(f) All transmission and power lines shall be placed underground.
(Ord. 85-2009. Passed 10-26-09)
(a) The property owner is responsible for ensuring that any alternative energy source system operates and is maintained as designed and is in compliance with both the manufacturer's instructions and these regulations.
(b) If a alternative energy source system ceases to perform as originally intended for more than six consecutive months, the property owner shall make the necessary repairs, as recommended by the manufacturer, to restore the system to a safe operating condition or remove all components of the system within 90 days after the six month period.
(c) If the property owner fails to repair or remove the alternative energy system and all components within the allotted timeframe a cease and desist order shall be sent to the owner/operator. If all orders are ignored or not addressed by the owner the City may hire a contractor to dismantle and remove the system and its components. The cost of such work shall be assessed against the property on which it is located.
(Ord. 85-2009. Passed 10-26-09)
Any person who shall violate the provisions of this chapter shall be guilty of a violation as defined in Chapter 1252.
(Ord. 85-2009. Passed 10-26-09)
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