§ 10-23. Existing outdoor furnaces.

Any outdoor furnace in existence on the effective date of the ordinance from which this article is derived shall be permitted to remain, subject to the following requirements:

(1)

Temporary exemption. Outdoor furnaces in existence on the effective date of the ordinance from which this article is derived shall be exempt from the provisions of this article for a maximum period of one month from the effective date. After one month, all provisions shall be applicable except as provided in subsection (2) of this section. 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 (2) of this section.

(2)

Setback exemption. The provisions of subsection 10-24(1) 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.

(3)

Definition. The term "existing" or "in existence" means the outdoor furnace is in place on a lot and operating as of the date of this article.

(4)

Request for variance. Owners may request a variance for existing furnaces on a case-by-case basis, to remain unaltered from the current status.

(Prior Code, § 126.05)