[HISTORY: Adopted by the Village Council of the Village of
Bellevue 10-27-2009 by Ord. No. 2009-001. Amendments noted where applicable.]
The purpose of this chapter is to establish and impose restrictions
upon the construction and operation of outdoor furnaces within the
limits of the Village of Bellevue so as to secure and promote the
public health, safety and welfare of the Village and its inhabitants.
Outdoor furnaces can create noxious and hazardous smoke, soot, fumes,
odors, air pollution, particles and other products of combustion,
particularly when restricted airflow and low operating temperatures
are present. These products can be detrimental to citizens' health
and can deprive neighboring residents of the enjoyment of their property.
These regulations are intended to eliminate noxious and hazardous
conditions caused by outdoor furnaces.
As used in this chapter, the following terms shall have the
meanings indicated:
For purposes of this chapter, shall mean a furnace, stove
or boiler that is not located within a building or structure intended
for habitation or occupation by humans or domestic animals but that
provides heat or hot water for such building or structure. The term
"outdoor furnace" includes "solid-fuel heating devices" and "external
heating devices."
An outdoor furnace shall not be permitted on any property within
the Village unless it complies with each of the following regulations:
A.
Setback. The outdoor furnace shall be located a minimum of 100 feet
from the nearest point of any existing residence or other occupied
structure which is not located on the same property as the outdoor
furnace and a minimum of 50 feet from the nearest property line of
another property. An outdoor furnace shall not be located within any
yard that fronts on a street.
B.
Chimney height.
(1)
The chimney shall be a minimum of 20 feet in height and shall also
extend a minimum of two feet above the highest roof peak of the residence
or structure that it serves. If there are any residences or occupied
structures not served by the outdoor furnace located within 300 feet
of the outdoor furnace, the chimney of the outdoor furnace shall also
extend a minimum of two feet above the highest point of the roofs
of such structures. All chimneys shall have a spark arrester installed
at the top of the chimney.
(2)
The Village Manager, or a designee thereof, or such other person
as is designated by the Village Council to enforce ordinances, may
approve a lesser height only if necessary to comply with manufacturer's
recommendations and if the smoke from the lower chimney height does
not create a nuisance for neighbors. Insulated chimneys are recommended.
C.
Open ground area. An area with a minimum radius of 10 feet around
the outdoor furnace shall be free of vegetation, except grass not
exceeding four inches in length.
D.
Appropriate furnace size. Outdoor furnaces shall be appropriately
designed for the size of the structure to be heated. An outdoor furnace
designed to heat structures more than ten-percent greater than the
size of the structure to be heated shall not be permitted.
E.
Fuel. No fuel or materials other than natural wood without additives,
wood pellets without additives, and agricultural seeds in their natural
state may be burned in an outdoor furnace. The following materials
are specifically prohibited:
(1)
Rubbish or garbage, including but not limited to food waste, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
(2)
Waste oil or other oily wastes.
(3)
Asphalt and products containing asphalt.
(4)
Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or treated with preservatives.
(5)
Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
(6)
Rubber, including tires and synthetic rubber-like products.
(7)
Newspapers, corrugated cardboard, container board or office paper.
The owner of an outdoor furnace shall obtain a permit from the
Village, according to the following provisions:
A.
Application Information. The applicant for a permit shall submit
the following information:
(1)
Verification that the outdoor furnace will comply with the manufacturer's
specifications for such outdoor furnace.
(2)
Verification that the outdoor furnace will comply with all applicable
state and federal statutes.
B.
Application permit; fee.[2] The Village Manager, or a designee thereof or such other
person as is designated by the Village Council to enforce ordinances,
shall review each application and issue a permit to such applicants
as meet the requirements contained in this chapter. The Village Council
may establish, by resolution, a fee for the processing of outdoor
furnace permit applications.
Any person who secures a permit to install an outdoor furnace
also agrees and consents to allow the Village's Code Enforcement
Officer or any other person designated by the Village Council to inspect
the outdoor furnace if a complaint is filed in writing relative to
an alleged violation of this chapter.
A person using or maintaining an outdoor furnace shall be responsible
for all fire suppression, costs and other liability resulting from
damage caused by the outdoor furnace. Compliance with this chapter
shall not be a defense to any civil claims. Nothing in this chapter
shall authorize any installation or use that is a public or private
nuisance, regardless of compliance herewith.
A.
Failure to comply with the requirements of this chapter is hereby
declared to be a nuisance per se. A violation of this chapter is a
municipal civil infraction. The penalty for a violation that is a
municipal civil infraction shall be a civil fine in an amount set
by resolution of the Village Council from time to time.
B.
Each day during which any violation continues shall be deemed a separate
offense.
C.
The foregoing penalty shall not prohibit the Village from seeking
injunctive relief against a violator or such other appropriate relief
as may be provided by law.
A.
Except as hereinafter provided, the lawful use of an outdoor furnace
existing at the time of the adoption of this chapter may be continued,
although such use does not conform with the provisions of this chapter.
B.
No outdoor furnace existing at the time of the adoption of this chapter
shall thereafter be extended or enlarged unless such extension or
enlargement shall comply with this chapter. The owner of such an outdoor
furnace existing at the time of the adoption of this chapter, which
furnace is not in compliance with this chapter, shall ensure that
the outdoor furnace does not become more violative of or noncompliant
with this chapter following its adoption.
