770.09 WAIVERS FROM OWNERS OR OCCUPANTS WITHIN 200 OR 100 FEET.

   (a)    In addition to the consents required in Section 770.07 , no drilling shall be permitted for oil and/or gas wells, in any zone within 200 feet of any building or structure of any nature unless written waivers as hereinafter provided for accompany an application for a drilling permit.

   (b)    The owners or occupants of any buildings or structures which are located within 200 feet of the proposed well site shall waive in writing the distance set forth. Such owners or occupants may waive down to a minimum distance of 100 feet without necessity of vacating, or causing to be vacated, any buildings or structures during drilling operations.

   (c)    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, the City 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, facilities available at the Fire Department to cope with controlling liquid fires and such other matters as the City shall deem relevant to the application. Should the City upon considering such special features, find that an undue hazard is created, then irrespective of waivers being provided as called for in this subsection, the City may refuse to issue a permit to drill. The denial of the permit and the undue hazard created shall be recorded in the minutes of the Planning Commission and Council.

   (d)    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 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 required provided for in this section down to the same distance that such party waived for the other proposed drilling site or to the distance that a well was actually drilled, whichever is smaller.

   (e)    All distances as set forth in this section shall be those distances as measured from the geographic center of a proposed well site.

(Ord. 98-1980. Passed 6-9-80.)