§ 154.261 OUTDOOR FURNACES.
   (A)   Definition. An OUTDOOR FURNACE is defined as a furnace, heating system, stove or boiler that is a separate structure not located in a building (which building is intended for habitation by humans or domestic animals), but which provides heat or hot water for such building or structure located on the same lot.
   (B)   Applicability.
      (1)   One outdoor furnace is permitted per lot in the Ag-1, Ag-2, R-1 and R-2 Zoning Districts subject to the requirements of this section and the issuance of a building permit (or its equivalent) by the township’s Building Inspector (or such other official as is designated by the Township Board).
      (2)   Any outdoor furnace that was lawfully located on a lot and in operation prior to the date of adoption of this section shall be allowed to continue, but must comply with divisions (A) above and (C) below. In addition, such lawfully existing furnaces shall also comply with all of the following requirements.
         (a)   If a smoke stack on an existing outdoor furnace is to be replaced or modified, the new or modified smokestack shall comply with the height requirements of division (D) below.
         (b)   If the existing furnace does not meet the setback requirements of this section, it shall not be moved so as to decrease the existing setbacks. Any moving of the outdoor furnace shall be considered a modification and the furnace must then comply with the setback, smoke stack and other requirements of this section.
         (c)   If any of the major components of an outdoor furnace system (such as the heat exchanger, smokestack, water pump or underground pipes) are to be replaced or modified or the outdoor furnace is proposed to be moved on the lot, then the entire outdoor furnace shall comply with all of the requirements of this section. However, if the township’s Building Inspector (or such other official as is designated by the Township Board) determines that any such modification or replacement will promote safety and public health, but that the owner of the lot will not do such replacement or modification if the outdoor furnace is required to be moved and be in full compliance with all of the requirements of this section, the township’s Building Inspector (or other equivalent township official) can allow such modification or replacement to be made while waiving some or all of the requirements of this section regarding the location and other aspects of a new outdoor furnace.
   (C)   Operating requirements.
      (1)   Outdoor furnaces shall be installed (and operated) according to the manufacturer’s instructions and all applicable building and mechanical codes at all times.
      (2)   Each outdoor furnace shall only be used to burn wood without additives, wood pellets without additives and agricultural seeds in their natural state. The following materials are specifically prohibited as items or materials to be burned in outdoor furnaces:
         (a)   Rubbish or garbage including, but not limited to, food waste, food, wraps, packaging, animal carcasses, paint, petroleum products or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes;
         (b)   Waste oil or other oily wastes;
         (c)   Treated or painted wood;
         (d)   Any plastic material including, but not limited to, nylon, PVC, polystyrene or urethane foam and synthetics fabrics, plastic films and plastic containers;
         (e)   Rubber, including tires and synthetic like products; and
         (f)   Newspapers, corrugated cardboard, container board or office paper.
      (3)   Outdoor furnaces shall be kept in a reasonable condition and repair at all times.
      (4)   No outdoor furnace shall be used or operated in such a fashion as to become a nuisance to the owners or occupiers of any adjoining or nearby properties or dwellings or in such a fashion that smoke emissions unreasonably interfere with the safe or reasonable enjoyment of any of the owners or occupants of nearby or adjoining properties.
   (D)   Location and smokestack height.
      (1)   Every outdoor furnace shall be located at least 100 feet from the nearest dwelling unit that is not on the same lot as the outdoor furnace.
      (2)   Each outdoor furnace shall be located a minimum of 50 feet from all property lines and shall not be located between the principal building on the lot and the public or private street.
      (3)   (a)   Each outdoor furnace shall have a smokestack that extends at least ten feet above the ground surface. In addition, if any dwelling or other principal building is intended to be occupied by humans and which is not on the same lot as the outdoor furnace, but which is located within 300 feet of the outdoor furnace, the height of the smokestack shall be no lower than the roof peak of such dwelling or principal building.
         (b)   The Building Inspector (or other person so designated by the Township Board) may approve a lesser smokestack height if necessary to comply with the manufacturer’s recommendations and if it can be demonstrated that smoke from the lower smokestack height will not create a nuisance for residents of nearby existing dwellings. Factors that shall be considered by the Building Inspector (or Township Board designee) in making a determination to permit a lower smokestack height shall include, but are not limited to, topography, height of nearby dwellings, prevailing wind direction, type of furnace and proposed smokestack height.
      (4)   An outdoor furnace shall be located no closer than ten feet to a propane tank or similar flammable container.
(Ord. passed 7-12-2012, § 4.19) Penalty, see § 154.999