[HISTORY: Adopted by the Town Board of the Town of Chili 4-4-2007
by L.L. No. 1-2007. Amendments noted where applicable.]
The use of outdoor wood furnaces creates noxious and hazardous smoke,
soot, fumes, odors and air pollution, can be detrimental to citizens' health,
and can deprive neighboring residents of the enjoyment of their property or
premises. Therefore, it is the intention of the Town to prohibit the construction
and operation of outdoor wood furnaces within the limits of the Town for the
purpose of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the people of the Town of Chili.
As used in this chapter, the following terms shall have the meanings
indicated:
Any equipment, device, appliance 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. An outdoor wood
furnace may also be referred to as an "outdoor wood boiler" or "outdoor wood
hydronic heater."
No person shall install, use or maintain an outdoor wood furnace in
the Town of Chili.
A.
Any outdoor wood furnace that is lawfully existing on
the effective date of this chapter will be considered a nonconforming use.
Such nonconforming use shall be discontinued and any outdoor wood furnace
shall be removed from the premises within seven years of the effective date
of this chapter or the nonconformance shall be deemed to have continued in
violation of this chapter. Such period shall be known as the "amortization
period." The person operating the outdoor wood furnace may make an application to
the Zoning Board of Appeals within six months of the effective date of this
chapter establishing that due to specific circumstances such amortization
period is unreasonable and will result in a substantial loss of investment.
The Zoning Board of Appeals may, after consideration of such application and
any evidence provided, grant a reasonable extension of the amortization period.
Relevant factors for consideration will include:
B.
The transfer of ownership of the real property containing
the nonconformance during the amortization period will immediately terminate
such amortization period and result in the immediate removal of the nonconforming
use.
