1153.02 OUTDOOR WHOLE HOUSE BURNING DEVICES.
   (a)   Any whole house burning device (alternative heat source) located and used within the Village of West Unity shall either be completely enclosed within a structure intended for human occupancy or enclosed in a permanent structure as defined in subsection (b) hereof.
   (b)   For the purpose of subsection (a), a permanent structure shall be deemed to be a structure completely enclosed, built on a foundation made of concrete, and otherwise constructed in conformance with all applicable zoning laws.
   (c)   Installation and operation of any whole house burning devices (alternative heat source).
      (1)   The whole house burning devices (alternative heat source) shall comply with manufacturer specifications with respect to installation and operation.
      (2)   The whole house burning devices (alternative heat source) shall comply with all applicable state and federal laws.
      (3)   Any whole house burning devices (alternative heat source) shall not be located within thirty feet from the front and side property line and 30 feet from the rear property line.
      (4)   Any whole house burning device (alternative heat source) located within a structure that is not intended for human occupancy shall have a chimney stack which is at least two feet above the roof line of the highest structure located within 250 feet of the subject property.
      (5)   Whole house burning devices (alternative heat source) which are designed to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted.
      (6)   No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any whole house burning devices (alternative heat source).
      (7)   A whole house burning devices (alternative heat source) shall only be operated between November 1st through April 1st.
      (8)   To the extent a building permit is required to construct any permanent structure intended to enclose whole house burning devices (alternative heat source), at the time of application for such permit, there shall be submitted a copy of the manufacturer’s specifications and any owner’s manual pertaining to the subject whole house burning devices (alternative heat source).
   (d)   Nothing contained herein shall authorize any installation or operation of a whole house burning devices (alternative heat source) that constitutes a public or private nuisance. Compliance with this section shall not be a defense to any civil or criminal action for nuisance.
   (e)   “Whole house burning devices (alternative heat source)” means any device that is designed or intended to burn wood, wood by-product, agricultural materials, or any other similar material, for the purpose of providing a source of heat, either directly or indirectly, to any structure or appurtenance thereto.
(Ord. 01-2006-03. Passed 2-9-06.)