[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 11, Ch. 8, of the 2004 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structure extending above a roof.
A.
All solid-fuel-fired outdoor heating devices shall be installed,
operated and maintained in strict conformance with the manufacturer's
instructions and regulations and all other applicable local, state
and federal standards.
B.
All solid-fuel-fired outdoor heating devices shall be approved by
the Department of Safety and Professional Services through an approved
testing agency.
C.
All solid-fuel-fired outdoor heating devices shall be provided with
written documentation from the manufacturer that the device is or
is in the process of being registered with the Department of Safety
and Professional Services Boiler Division.
D.
All solid-fuel-fired outdoor heating devices shall, in addition,
be operated and maintained as follows:
(1)
Fuel shall be only natural untreated wood or other fuel specifically
permitted by the manufacturer, such as corn or other pellets, specifically
designed for the solid-fuel-fired outdoor heating device.
A solid-fuel-fired outdoor heating device may be installed in
the Town of Vinland in accordance with the following provisions:
A.
All solid-fuel-fired outdoor heating devices shall be prohibited
in all subdivisions and clustered developments.
B.
Placement of solid-fuel fired outdoor heating devices shall be allowed
on any rural residential lot of one acre or more.
C.
The owner of the solid-fuel-fired outdoor heating device shall obtain
a zoning permit from the Town of Vinland Zoning Administrator before
installing a solid-fuel-fired outdoor heating device.
D.
All solid-fuel-fired outdoor heating devices must be installed in
accordance with all codes and manufacturer's guidelines.
Should any solid-fuel-fired outdoor heating device permitted
under this chapter become hazardous, harmful, noxious, offensive or
a nuisance to the surrounding neighborhood as determined by the Town
Board, then the owner shall correct, improve or abate the nuisance
using whatever means are necessary in accordance with this section.
If the nuisance cannot be abated, then operation of the device shall
be discontinued until a solution to the nuisance can be found.
Any person, firm, corporation, business or entity who fails to comply with any provisions of this chapter shall, upon conviction thereof, forfeit an amount set forth in Chapter 28, Citations, plus the cost of prosecution for each violation and, in default of payment of such forfeiture and cost, shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days. Each day of violation shall represent a separate violation of the chapter as described herein.
An individual who cannot comply with the chapter has the right
to apply for a variance to the ordinance from the Town of Vinland
Board of Appeals. Contact the Town of Vinland Zoning Administrator
or the Town office for such an application.
