No structure shall be constructed which does not meet the minimum frontage requirements of § 155.286 along a duly dedicated and accepted public street within this village.

   (C)   Minimum setback from all property lines of lot: ten feet except corner lots shall comply with § 155.288.

   (E)   Variances from § 155.304. The Village Planning Commission is hereby authorized to grant variances from any of the provisions of § 155.304 if it determines from the evidence presented that the literal application of these provisions will cause undue hardship or practical difficulties. The Planning Commission shall in granting a variance from the requirements of this chapter consider the following factors:

      (1)   The extent to which the greenbelt will interfere with ingress or egress including sight distance to the applicant's property or any adjacent property.

      (2)   The extent to which the greenbelt will interfere with public utility easements or existing structures or buildings.

      (3)   The extent to which the variance will have an adverse effect upon property values in the area.

      (4)   The extent to which the variance will detract from the appearance of the area.

(Ord. 87-27, § 520, passed 7-7-1987)

      (1)   No person, whether the owner, lessee, agent, tenant, or other person or entity having charge or care of land in the village, shall permit grass or noxious weeds to grow thereon to a height in excess of 12 inches, or permit noxious weeds to mature seeds thereon, or fail to cut or destroy noxious weeds of any height when notified by the Zoning Officer to do so.

      (3)   Whoever violates this section is subject to the penalties provided in § 155.999 in addition to the responsibility for costs described below.

      (1)   The Zoning Inspector shall cause written notice to be served upon the owners, lessees, tenants, or other persons or entities having charge or care of the land in the village notifying them that grass or noxious weeds are growing on land in their care in violation of this section and directing that such grass or noxious weeds be cut within 11 days of such notice and that such grass or weeds be cut thereafter during the growing season with such frequency to prevent such grass or weeds from exceeding 12 inches or maturing seeds thereon. Notice shall be personally delivered or mailed to the address at which the offending vegetation is growing. Notice shall also be mailed by means of certified mail or personal delivery to the owner of the land at his address of record in the office of the County Treasurer. If the owner's address of record is the land upon which the offending vegetation is growing, only one notice is required and shall be certified mail or personal delivery.

      (2)   Every notice to cut and destroy noxious weeds, grasses or other types of vegetation shall state: "If this notice is not complied with within 11 N days, in addition to the penalty provided in 155.999, the Village may enter upon the lands to cut and destroy such growth and the costs incurred by the Village in cutting and destroying such growth shall by recovered pursuant to Section 155.305(C)(1)."

      (3)   Notice shall be served on any property no more than once each growing season, May 15 through September 30, of each calendar year.

      (1)   If the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of the lots or lands fails to comply with the written notice, the village shall thereupon cause the noxious weeds, grasses or vegetation to be cut and removed by use of village forces and equipment or by hiring private contractors.

      (2)   Upon completion of the cutting and removal of noxious weeds, grasses and vegetation, the Administrator shall determine the cost of cutting and removal and shall cause a statement thereof to be mailed by means of certified mail or personal delivery to the owner of the land at his address of record in the office of the County Treasurer. Such statement of cost shall include:

         (a)   Village equipment charge;

         (b)   Village equipment operator charge;

         (c)   Equipment transportation charge;

         (d)   Administration and supervision charge;

         (e)   Removal cost (i.e. solid waste district or dump fees);

         (f)   Incidental labor;

         (g)   Invoice for private contractor.

      (3)   The minimum fee to be charged shall in no case be less than $100 for the first hour or portion thereof and $50 per employee per hour for each additional hour or prorated portion thereof. This amount is exclusive of any removal cost incurred in carrying out such action. If a private contractor is used the amount will be equal to that charged by said contractor.

      (4)   The owner shall pay such costs as are charged in accordance with this chapter to the Finance Director within 30 days after the statement of charges has been mailed or delivered to the owner at the address of record in the office of the County Treasurer. Such payments shall be credited to the appropriation from which such cost was paid by the village. If the charge is not paid within 30 days after mailing, the village shall cause the charges for services as provided in division (B) of this section, to be certified to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate, and any fees incurred by the village to process the special assessment, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the village with the General Fund pursuant to R.C. § 731.54. The recovery of its costs by the village pursuant to this section is a remedy in addition to the penalty provided in § 155.999.

(Ord. 21-2019, passed 9-3-2019)

   The Village Planning Commission is hereby authorized to grant variances from any of the provisions of § 155.306 if it determines from the evidence presented that the literal application of these provisions will cause undue hardship or practical difficulties. The Planning Commission shall in granting a variance from the requirements of this chapter consider the following factors:

   Outdoor wood furnaces, outdoor wood boilers and outdoor wood-fired hydronic heaters are permitted in all districts as a permitted use subject to the following definitions and regulations:

      (1)   No person shall, from the effective date of this local law, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with this section.

      (2)   No person shall operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements regarding fuels that may be burned in an outdoor wood furnace as set forth in divisions (C)(1) and (C)(2) of this section and chimney height as set forth in divisions (C)(4) and (C)(6) of this section.

      (3)   All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this section. In the event of a conflict, the requirements of this section shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.

      (4)   The owner of any new outdoor wood furnace shall produce the manufacturer’s owner’s manual or installation instructions to the Zoning Inspector to review at any time if requested.

      (5)   All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.

      (6)   If an existing outdoor wood furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the Zoning Inspector:

         (a)   Modifications made to the unit to eliminate the nuisance, such as extending the chimney or relocating the outdoor wood furnace, or both.

         (b)   Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.

      (1)   Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup.

      (2)   The following fuels are strictly prohibited in new or existing outdoor wood furnaces:

         (a)   Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.

         (b)   Rubbish or garbage, including but not limited to food wastes, food packaging or food wraps.

         (c)   Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

         (d)   Rubber, including tires or other synthetic rubber-like products.

         (e)   Newspaper, cardboard, or any paper with ink or dye products.

         (f)   Any other item not specifically allowed by the manufacturer or this provision.

      (3)   Setbacks for any new outdoor wood furnace (models not EPA OWHH Phase 1 Program Qualified) shall be as follows:

         (a)   The outdoor wood furnace shall be located at least 25 feet from the property.

         (b)   The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements for clearance to combustible materials.

         (c)   The outdoor wood furnace shall be located at least 100 feet from any residence dwelling that is not served by the outdoor wood furnace.

      (4)   Chimney heights for new and existing outdoor wood furnaces shall be as follows:

         (a)   The chimney of any new outdoor wood furnace shall extend at least two feet above the peak of the building served by the outdoor wood furnace.

         (b)   Existing properly owners with an outdoor wood furnace would be exempt from the stack height regulation, unless they would have to replace it. At that point they must come into compliance with this section.

      (5)   Setbacks for EPA OWHH Phase 1 Program qualified models shall be as follows:

         (a)   The outdoor wood furnace shall be located at least 25 feet from the property line.

         (b)   The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements tor clearance to combustible materials.

      (6)   Chimney heights for EPA OWHH Phase 1 Program qualified models shall be as follows:

         (a)   The EPA OWHH Phase 1 Program qualified model chimney shall extend at least two feet above the peak of the residence for which it serves.

      (7)   Outdoor wood furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and stack height requirements as EPA OWHH Phase 1 Program qualified models.

(Ord. 12-37, passed 9-4-2012)