§ 118.04 WELL SETBACKS.

   (A)   (1)   It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:

         (a)   Within 25 feet of any storage tank or source of ignition;

         (b)   Within 75 feet of any public street, road, highway or future street, right-of-way or property line;

         (c)   Within 100 feet of any building accessory to, but not necessary to the operation of the well;

         (d)   Within 300 feet of any fresh water well;

         (e)   Within 400 feet of any industrial building; or

         (f)   Within 600 feet of any protected use.

      (2)   This provision applies to any existing protected use or industrial building, or where a building permit has been issued for a protected use or an industrial building on the date the application for a permit under this chapter is filed with the city.

   (B)   The distances referred to in § 118.04(A)(1) through (6) above shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects to the closest exterior point of any object or boundary listed in divisions (1) through (6) above.

   (C)   The distances set out in § 118.04(A)(5) and (6) may be reduced in accordance with § 118.05(C), but never to less than 200 feet from a protected use or industrial building, by:

      (1)   A waiver granted by the City Council; or

      (2)   Written notarized waivers granted by the owners of protected use property within a 600-foot radius around the proposed well, or by the owners of any industrial building within a 400-foot radius around the proposed well. All waivers must identify the property address, block and lot number, subdivision name (if applicable), plat volume and page, and must be filed, at the expense of the operator, in the applicable county records prior to the application for the permit.

(Ord. 01-2007-07, passed 1-23-07) Penalty, see § 118.99