New Ordinances
ORDINANCE NO 357- OUTDOOR FURNACES
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WYOMING IOWA, 2002, BY ADDING CHAPTER 157 PERTAINING TO OUTDOOR FURNACES
BE IT ENANCED by the City Council of the City of Wyoming, Iowa:
SECTION 1. NEW CHAPTER. The Code of Ordinances of the City of Wyoming, Iowa, 2002 is amended by adding a new Chapter 157, entitled Outdoor Furnaces, which is hereby adopted to read as follows:
157.01 PURPOSE. The Council finds that odors and emissions resulting from the use of outdoor furnaces can be detrimental to public health and deprive neighboring residents of the enjoyment of their property. The purpose of this chapter is to establish and impose restrictions on the installation, construction and operation of outdoor furnaces within the City in order to secure and promote public health, comfort, convenience, safety and welfare.
157.02 DEFINITIONS. For purposes of this chapter, unless the context otherwise requires, the following definitions shall apply:
1. “Outdoor furnace” means any equipment, device or apparatus which is installed, affixed or situated outdoors or within another structure for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat or hot water to any other structure.
2. “Stack” or “Chimney” means any vertical structure enclosing a flue or flues that carry off smoke, exhaust and other emissions from an outdoor furnace.
157.03 PERMIT REQUIRED. No person shall cause, allow or maintain the use of an outdoor furnace or install, construct or relocate an outdoor furnace within the City without first having obtained an outdoor furnace permit from the City Zoning Administrator, or cause, allow or maintain the use of an outdoor furnace after the expiration or revocation of any permit issued for such outdoor furnace. A permit shall be valid only for a specific outdoor furnace at a specific location and shall automatically expire if use of the outdoor furnace ceases for a continuous period of two years or more. A permit is transferable to subsequent owners of the lot on which the outdoor furnace is located.
157.04 EXISTING OUTDOOR FURNACES. Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, subject to the following requirements:
1. Permit Requirement. The owner of any outdoor furnace in existence on the effective date of this chapter shall apply for and receive an outdoor furnace permit from the City Zoning Administrator within six months of such effective date. If a permit is not received for an existing outdoor furnace within six months from the effective date of this chapter the outdoor furnace shall be removed.
2. Temporary Exemption. Outdoor furnaces in existence on the effective date of this chapter shall be exempt from the provisions of this chapter for a maximum period of six months from the effective date. After six months all provisions shall be applicable except as provided in subsection 3, below. In order to obtain a permit for an existing outdoor furnace, the furnace must be in compliance with all the provisions of this chapter and all provisions shall continue to apply to an outdoor furnace after a permit has been issued for it, except as provided in subsection 3, below.
3. Setback Exemption. The provisions of subsection 2 of Section 157.06 of this chapter shall not apply to any outdoor furnace in existence on the effective date of this chapter; provided, however, that no existing furnace shall thereafter be moved to or replaced by a new furnace at any location which is not in compliance with the setback requirement.
4. Definition. “Existing” or “in existence” means the outdoor furnace is in place on a lot.
157.05 SPECIFIC REQUIREMENTS. All outdoor furnaces shall comply with the following rules and regulations:
1. Manufacturer’s Instructions. All outdoor furnaces shall be installed, operated and maintained in accordance with the manufacturer’s instructions. All new Outdoor Furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, ANSI or other applicable safety standards.
2. Setbacks. Outdoor furnaces shall not be located less than 10 feet from the nearest lot line.
3. Permitted Fuel. Only firewood, untreated lumber, fossil fuels, corn and biomass products (excluding leaves and other yard waste) are permitted to be burned in any outdoor furnace. Burning of any and all other materials is prohibited. No outdoor furnace shall be utilized as a waste incinerator.
4. Starting. Petroleum products and chemicals shall not be used to start an outdoor furnace.
5. Stack Requirements. Every outdoor furnace shall be equipped with a stack or chimney through which passes all smoke and other emissions produced by the furnace. All stacks must be so constructed as to withstand high winds and other weather elements. Stack height shall be in accordance with the following:
A. If located 100 feet or less from any residence or other occupied structure not served by the outdoor furnace, the stack must extend to at least two feet above the eave line of that structure.
B. If located more than 100 feet but not more than 250 feet from any residence or other occupied structure not served by the outdoor furnace, the stack must extend to at least 75% of the height of the eave line of that structure.
C. In no event shall a stack extend less than 16 feet above the ground.
6. Compliance with Other Regulations. All outdoor furnaces shall also comply with any other applicable county, state or federal regulations.
157.06 PERMIT APPLICATION AND ISSUANCE.
1. Applications. An application for an outdoor furnace permit shall be made to the City Zoning Administrator on a form provided by the City and shall contain and have attached thereto the following information:
A. Name, address and telephone number of the applicant.
B. Address of the lot upon which the outdoor furnace is to be installed or constructed.
C. A site plan indicating the proposed location of the outdoor furnace in relation to all lot lines and structure located within 250 feet.
D. The name of the manufacturer and model number for the outdoor furnace, together with a copy of the manufacturer’s installation, operation and maintenance instructions.
E. A description of the stack or chimney proposed to be used in connection with the outdoor furnace, including its height and a description of any guy wires or other devices to be used to support or stabilize the stack.
F. Such other information as the City Zoning Administrator shall require to show full compliance with this chapter and all other ordinances of the City.
2. Permit Fee. The applicant shall file with the outdoor furnace permit application an administration and inspection fee in the amount of $10.00 which shall be deposited in the City's general fund.
3. Applicant. The applicant for an outdoor furnace permit shall in all cases be the owner of the lot on which the outdoor furnace is to be located.
4. Time; Rejections. The City Zoning Administrator shall issue an outdoor furnace permit or deny an outdoor furnace application within 10 days after receipt of an application, provided that the required information is contained in the application and the other conditions set forth in this section have been satisfied by the applicant. The City Zoning Administrator shall deny any application which is not filed in conformity with this section or which proposes an outdoor furnace which would be contrary to the provisions of this chapter. Any denial of an application shall be given in writing with the reasons for such denial stated thereon. If an application is denied, the permit fee shall be refunded to the applicant.
5. Issuance. An outdoor furnace permit shall be issued by the City Zoning Administrator when the application and the investigation thereof indicate compliance by the applicant with all of the provisions of this chapter and all other applicable laws. The permit shall specify the minimum stack or chimney height that must be used in connection with the outdoor furnace.
6. Records. A careful record of all permit applications and permits shall be maintained by the City clerk
157.07 ENFORCEMENT AND VIOLATIONS.
1. It is the duty of the MAYOR with the aid of the Police Department and the City Attorney, to enforce the provisions of this chapter. The City Zoning Administrator shall promptly report all violations to the City Attorney and the Mayor.
2. Any person who violates, disobeys, neglects or fails to comply with, or who resists the enforcement of, any of the provisions of this chapter or any of the terms and conditions of any permit, regulation, or lawful order of the Zoning Administrator made under the authority of this chapter shall be guilty of a simple misdemeanor and a municipal infraction. Each day that a violation exists or continues shall constitute a separate offense.
3. If any outdoor furnace regulated under this chapter is installed, constructed, moved, maintained or used in violation of this chapter or in violation of the terms and conditions of any permit or regulations issued or made under the authority of this chapter, the City Attorney, at the direction of the Council, shall, in addition to other remedies, institute any appropriate action or proceedings in any court to prevent such unlawful installation, construction, movement, maintenance or use, to restrain, correct or abate such violation, or to prevent any illegal act, conduct, business, or use relating to such outdoor furnace.
SECTION 2. REPEALER. All ordinaces or parts of ordinances i nconflict with the provisions of this ordinance are herby repealed.
SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
Passed and approved by the City Council of the City of Wyoming, Iowa this 8th day of November ,2010 and approved this 8th day of November , 2010.
Allen Willmlan, Mayor
ATTEST:
Sheri Tjaden, City Clerk
I certify that the foregoing was published as Ordinance No 357 on the19th day of November, 2010.
Sheri Tjaden, City Clerk
I/We hereby request an outdoor furnace permit to :
____Erect ____ Enlarge _____ Alter _______ Replace
Name of Manufacturer: _______________________________
Model Number: ________________
(Please provide a copy of the manufacturer’s installation, operation, and maintenance instructions.)
Description of the stack or chimney: __________________________________________
_________________________________________________________________
Height of stack or chimney: _______________________________
Date
THE CITY DOES NOT DETERMINE PROPERTY LINES