[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:
- OUTDOOR FURNACE
- 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:
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.
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.
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.
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.
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.
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:
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.
Waste oil or other oily wastes.
Asphalt and products containing asphalt.
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.
Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
Rubber, including tires and synthetic rubber-like products.
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:
Application Information. The applicant for a permit shall submit the following information:
Verification that the outdoor furnace will comply with the manufacturer's specifications for such outdoor furnace.
Verification that the outdoor furnace will comply with all applicable state and federal statutes.
A drawing providing the location of the proposed outdoor furnace and of nearby residences, together with the height of all applicable roofs, so as to establish compliance with all regulations contained in this chapter and the Village of Bellevue Zoning Ordinance.
Application permit; fee. 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.
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.
Each day during which any violation continues shall be deemed a separate offense.
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.
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.
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.