719.04  DRILLING NEAR BUILDINGS, STRUCTURES; WAIVER; VACATION.
   No drilling shall be permitted for oil and/or gas wells within 200 feet of any building or structure of any nature unless written waivers as hereinafter provided accompany an application for a drilling permit.
   (a)   The owners or occupants of any buildings or structures of any nature may consent to drilling for oil and/or gas closer than 100 feet to such buildings or structures, but in such cases, Council shall consider special features affecting the application for a drilling permit, such as topographical conditions, nature of occupancy and proximity of buildings on the abutting property and facilities available at Fire Departments to cope with controlling liquid fires and such other matters that Council deems relevant to the application.  Should Council, upon considering such special features, find that an undue hazard is created, then irrespective of waivers being provided as called for in this section, Council may refuse to issue a permit to drill and the denial of the permit and the undue hazard created shall be recorded in the minutes of Council by the Clerk-Treasurer.
   (b)   Where the owners or occupants of any buildings or structures which are closer than 200 feet to a proposed drilling site have at any time waived in writing the distance requirement provided for in this section for any proposed drilling site which was closer than 200 feet to such buildings or structures, then such property owners shall be deemed to have waived the distance requirement provided for in this section down to the same distance that such part waived for the other proposed drilling site, or to the distance that a well was actually drilled, whichever is smaller.
   (c)   Any owners or occupants of any buildings or structures who actually reside within 100 feet of a proposed drilling site must vacate, cause to vacate and assure the continued vacation of such buildings or structures during drilling operations.  A written agreement must be provided with the application for a drilling permit in such cases wherein the owners or occupants agree to vacate, cause to vacate and assure continued vacation of any buildings or structures located closer than 100 feet to a proposed drilling site.
   All distances as set forth in this section shall be those distances as measured from the exact center of a proposed drilling site.
(Ord. 36-1964.  Passed 10-5-64.)