As used in this article, the following terms shall have the
meanings indicated:
CLEAN WOOD
Wood that has no paint, stains, or other types of coatings,
and wood that has not been treated or combined with any petroleum
product, chemical, preservative, adhesive, or other substance, including,
but not limited to, copper chromium, arsenate, creosote, or pentachlorophenol.
OUTDOOR FURNACE
Sometimes referred to as a "hydronic heater," any boiler,
stove, furnace, or other appliance designed, intended or used to provide
heat and/or hot water to any residence or other structure, which operates
by the burning of wood, coal, corn, or other type of solid fuel, and
which is not located within a building intended for habitation by
humans or domestic animals. Not included in this definition is any
device which is fueled by natural gas, propane or fuel oil, if the
device has been inspected and approved by the City's mechanical inspector,
or any device which is solely designed or used to heat the structure
in which the device is located.
It is unlawful to install or operate an outdoor furnace or cause
or permit the installation or operation of an outdoor furnace within
the City except as specifically authorized and permitted in this article.
Every owner or person in control of an outdoor furnace installed
on or after August 1,2009, shall comply with the following requirements
and standards:
A. No outdoor furnace shall be located on a parcel that is part of a
condominium subdivision or platted subdivision.
B. No outdoor furnace shall be located on a parcel of land less than
three acres in area.
C. No more than one outdoor furnace shall be permitted on any parcel
of land.
D. Before undertaking any excavation to install an outdoor furnace,
provide notification to public utilities pursuant to MCLA 460.701
et seq., being the Protection of Underground Facilities Act (MISS
DIG).
E. Such devices shall meet all specifications provided by the manufacturer,
and, in addition, they must conform to any state construction code
provisions that are applicable and to the City's fire prevention code.
All outdoor furnaces must be Underwriter Laboratories Inc., listed,
certified or otherwise approved by another product safety certification
organization.
F. An outdoor furnace shall have a permanent chimney, equipped with
a spark arrestor, which extends at least 15 feet above the ground
surface and is at least two feet higher than the height of the highest
roof peak of any dwelling in existence when the device is installed
and which is owned by a person other than the owner of the outdoor
furnace and is located within 500 feet of the outdoor furnace.
G. An outdoor furnace shall be installed 50 feet or more from a property
line and at least 350 feet from the nearest building which is not
on the same parcel as the appliance.
H. No outdoor furnace shall be installed or located in the front yard
setback of a parcel.
I. Any outdoor furnace installed within the City on or after August
1, 2009, shall meet or exceed the United States Environmental Protection
Agency's (EPA) smoke emission standards for Phase 2 qualified (white
tag models) hydronic heaters.
Any outdoor furnace installed or operated in violation of this
article is declared to be a nuisance per se. Nothing in this article
shall be deemed to bar, limit, or otherwise affect the rights of any
person to take private legal action regarding damage or nuisance caused
by the use of an outdoor furnace.
This article shall not be construed as an exemption or an exception
to any other provision of the City ordinances, including but not specifically
limited to the City's Zoning Code or any other code adopted by reference
as an ordinance for which the City is the enforcing agency. In the
event of a conflict between the provisions of this article and any
other ordinance or other provision of law, the more restrictive provision
shall apply.
Any person who violates this article shall be responsible for
a municipal civil infraction punishable by a fine of $100 for each
violation, plus court costs. In addition, the City shall have the
ability to proceed in any court of competent jurisdiction to obtain
equitable relief or any other appropriate remedy to compel compliance
with this article.