Final Public Hearing on Outdoor Woodburning Furnaces




City of Milford Zoning Code Amendment

Ordinance 2011-5

NOTICE IS HEREBY GIVEN the Planning Commission of the City of Milford will hold a Public Hearing on an amendment to the City of Milford Zoning Code on Tuesday, July 19, 2011 at 7:00 p.m.

A FINAL PUBLIC HEARING is scheduled on Monday, July 25, 2011 at 7:00 p.m. before Milford City Council. Following the hearing, Ordinance 2011-5 may be adopted, with or without amendments.



Chapter 230: Zoning

It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor woodburning 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, with the adoption of this article, it is the intention of the City of Milford to establish and impose restrictions upon the construction and operation of outdoor woodburning furnaces within the limits of the city for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the city and its inhabitants.

Section 1.

An Ordinance to amend the Code of the City of Milford, Chapter 230, thereof, entitled, Zoning,

by defining and regulating Outdoor Woodburning Furnaces in the City of Milford.

Section 2.

Amends Article I, General Provisions, §230-4, Definitions, by adding a definition for Outdoor Woodburning Furnace.


OUTDOOR WOODBURNING FURNACE-An accessory structure, designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site, building, or structure on the premises.

Section 3.

Amends Article I, General Provisions, §230-4, Definitions, by adding a definition for Firewood.

FIREWOOD-Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.

Section 4.

Amends Article I, General Provisions, §230-4, Definitions, by adding a definition for Stack or    



STACK or CHIMNEY-Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating device or structure, including that part of the structure extending above a roof.

Section 5.

Amends Article VIII, Miscellaneous Provisions, §230-41, Accessory Uses, by adding a new paragraph (D) regulating Outdoor Woodburning Furnaces, to read as follows:


D. Outdoor Woodburning Furnaces


(1) Prohibited


(A) The construction and operation of outdoor woodburning furnaces is hereby prohibited within the City of Milford.


(2) Nonconforming Uses


(A) All woodburning furnaces operating within the City of Milford must be removed

by the property owner from the subject premise no later than April 30, 2012 AUGUST 31, 2011.  


This will allow sufficient time for an alternate source of heat to be established. During the transition, such use shall conform with the following provisions:


(1) Only firewood and untreated lumber are permitted to be burned in any outdoor furnace.

(2) Wood must be stored in a neat pile no closer than five feet from side and rear property lines.

Section 6. Dates.

Introduction to City Council: 06/13/11

Planning Commission Hearing (Revisited): 07/19/11

City Council Hearing:  07/25/11

Effective Date: 08/31/11

Both hearings will be held in the Joseph Ronnie Rogers Council Chambers at Milford City Hall, 201 South Walnut Street, Milford, Delaware.

The public is invited to attend and encouraged to comment on the amendment to the Zoning Code. If unable to attend, written comments will be accepted but must be submitted to the City Clerk’s Office one week prior to the hearing.

A complete copy of the Code of the City of Milford is available by request through the City Clerk’s Office or by accessing the official website at

By: Terri K. Hudson, CMC