§ 63-5. Existing outdoor wood-fired hydronic heaters.

Any outdoor wood-fired hydronic heater in existence in an R-80 or RA-40 Zoning District on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Code Enforcement Officer prior to September 30 of the year following the effective date of this chapter; provided, however, that upon the effective date of this chapter, all the provisions hereof, except § 63-6B, C and D, immediately apply to existing outdoor wood-fired hydronic heaters. All of the provisions of this chapter, except § 63-6B, C and D, shall continue to apply to existing outdoor wood-fired hydronic heaters that receive permits. If the owner of an existing outdoor wood-fired hydronic heater in an R-80 or RA-40 Zoning District does not receive a permit prior to September 30 of the year following the effective date of this chapter, the outdoor wood-fired hydronic heater shall be removed. Any outdoor wood-fired hydronic heater in existence in any other zoning district prior to the enactment of this chapter shall no longer be permitted to operate after September 30, 2011. Exceptions to the September 30, 2011, phaseout date may be granted by the Zoning Board of Appeals on a yearly basis. Each yearly request must be submitted to the Zoning Board of Appeals two months before the start of a new year of operation. "Existing" or "in existence" means that the outdoor wood-fired hydronic heater is in place and operational on the site on the effective date of this chapter.