[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 3-2-2006 by Ord. No. 2006-1. Amendments noted where
applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 84.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired outdoor heating device,
especially that part of such structures extending above a roof.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source.
[Amended 11-5-2009 by Ord. No. 2009-3]
A.
All solid-fuel-fired outdoor heating devices shall
be located at least 100 feet from the nearest building which is not
on the same property as the property on which the device is located.
B.
All solid-fuel-fired outdoor heating devices installed
within the Town limits are required to meet emission standards currently
required by the Environmental Protection Agency (EPA). Emission standards
currently required by the EPA are hereby adopted by reference, together
with any amendments or modifications made to them in the future.
C.
All solid-fuel-fired outdoor heating devices shall
be installed, operated and maintained in strict conformance with the
manufacturer’s instructions and the regulations promulgated
hereunder. In the event of a conflict, the regulations promulgated
hereunder shall apply unless the manufacturer’s instructions
are stricter, in which case the manufacturer’s instructions
shall apply.
D.
The owner of the solid-fuel-fired outdoor heating
device shall produce the manufacturer’s instructions for all
devices that do not conform to requirements of this chapter.
E.
No homemade solid-fuel-fired outdoor heating devices
will be allowed in the Town of St. Joseph.
F.
Devices
shall have self-contained weatherproofing or other weather protection
acceptable to the Department of Commerce.
G.
Devices
shall be designed, constructed and operated at atmospheric pressure
and be vented to prevent a positive pressure condition on the fluid.
H.
Devices
must be enclosed by fencing or other barriers to prevent access or
tampering by unauthorized persons.
I.
Devices
must be provided with means to prevent freezing of water supply and
return lines.
J.
Devices
must be installed with piping materials and fittings suitable for
temperatures of the distribution system.
All outdoor devices shall be installed, operated
and maintained pursuant to the following conditions:
A.
Fuel must be accepted and approved by the manufacturer.
The following fuels are strictly prohibited:
[Amended 11-5-2009 by Ord. No. 2009-3]
B.
Chimney heights and device location:
(1)
Twenty-five feet from nearest side or rear property
line.
(2)
Within property setbacks per Town and county.
(3)
Twenty-five feet from any structure on the property.
[Amended 11-5-2009 by Ord. No. 2009-3]
(4)
Chimney heights per manufacturer.
(5)
Height and location of device is at homeowner’s
risk.
[Added 11-5-2009 by Ord. No. 2009-3[1]]
A.
Any person who constructs, erects, operates, replaces
or modifies any solid-fuel-fired outdoor heating device that does
not meet the requirements of this chapter shall forfeit $25 per day
for each day the noncomplying unit remains on the premises.
B.
Illegally constructed or erected solid-fuel-fired
outdoor heating devices shall be removed at the cost of the owner
within 30 days of the first citation.
[Added 11-5-2009 by Ord. No. 2009-3]
A.
Permit
issued if application in order. It shall be the duty of the Building
Inspector/Zoning Administrator, upon the filing of an application
for a permit, to examine such plans, specifications and other data
and the premises upon which it is proposed to erect the solid-fuel-fired
heating device. If it shall appear that the proposed structure is
in compliance with all the requirements of this chapter and all other
laws and ordinances of the Town of St. Joseph, the permit shall then
be issued. If the work authorized under a permit has not been completed
within six months after the date of issuance, the permit shall be
null and void.
B.
Variances:
In order to provide additional flexibility in the enforcement of this
chapter and to alleviate hardship and injustice, the Town Board may,
upon application, grant a variance from the terms of this chapter.
The Town Board shall make a finding of fact that an undue hardship
or injustice would exist if a variance were not granted and, therefore,
may grant such variations based upon consideration of the following:
(1)
That
particular physical surroundings, shape or topographical conditions
of the specific parcel of land involved exist so that strict adherence
to the standards of this chapter would not allow a solid-fuel-fired
heating device.
(2)
That
the condition involved is unique to the particular parcel of land
involved.
(3)
That
the alleged difficulty or hardship is caused by this chapter and has
not been created by any persons presently having an interest in the
parcel.
(4)
That
the granting of the variance will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood.
[Added 11-5-2009 by Ord. No. 2009-3]
If any section, clause, provision or portion of this chapter
is adjudged unconstitutional or invalid, the remainder of this chapter
shall not be affected thereby.
