1139.10   OUTDOOR HEATING UNITS.
   (a)   Permit to Install.
      (1)   No person shall install, or cause to be installed, in any residential or business district, any outdoor heating unit without first obtaining a permit from the City.
      (2)   In order to secure a permit, the applicant shall provide a site plan depicting the location of the proposed installation on the property, including distances from all existing structures on the property. The site plan shall also depict distances from the closest structures of all adjacent properties, and include the height of all structures on all adjacent properties. The height of the proposed chimney stack of the outdoor heating unit shall also be depicted on the drawing, as well as the proposed screening plan.
   (b)   Location.
      (1)   Outdoor heating units shall be located only in a rear yard.
      (2)   No outdoor heating units may be located less than 75 feet from any other structure. Units located 75 feet from any other structure must have a stack height at least two feet higher than the eave height of the nearest residential structure.
      (3)   If located more than 75 feet but less than 100 feet from the nearest structure, the stack height shall be not less than 75% of the eave height of the nearest residential structure, plus two feet.
      (4)   If located more than 100 feet but less than 150 feet from the nearest structure, the stack height shall be no less than 50% of the eave height of the nearest residential structure, plus two feet.
      (5)   If located more than 150 feet but less than 200 feet from the nearest structure, the stack shall be no less than 25% of the eave height of the nearest residential structure, plus two feet.
      (6)   No part of any outdoor heating unit's structure, required screening or fuel supply shall be permitted to locate closer than ten feet from any property line.
   (c)   Fuel/Wood. No person shall burn fuel in any outdoor heating units other than the fuel recommended by the manufacturer; provided, however, that regardless of any manufacturer recommendation, the burning of trash, plastics, gasoline, naphtha, household garbage, material treated with petroleum products, particle board, railroad ties, telephone poles, pressure-treated wood, leaves, paper products and cardboard, or any other material that may cause offensive or noxious odors, smoke, airborne ash or debris is prohibited.
   (d)   Maintenance of Unit/Screening of Unit and Fuel.
      (1)   The exterior of any outdoor heating unit shall be maintained and kept in good working condition in accordance with the manufacturer's maintenance recommendations.
      (2)   The outdoor heating unit and fuel storage shall be screened by approved fencing, landscaping, earth berm or other suitable enclosure. The average height of the enclosure shall be equal to the height of the outdoor heating unit or stored fuel, but shall not be required to exceed eight feet in height.
      (3)   Every outdoor heating unit must have a spark arrestor securely attached to the chimney stack to prevent the passage of sparks and ashes to the outside atmosphere.
(Ord. 5159. Passed 11-7-05.)