(a) In addition to the consents required in Section 725.08, no drilling shall be permitted for gas and/or oil wells in any zone within 300 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 and occupants of any building or structures which are located within 300 feet of the proposed well site must waive, in writing, the distance set forth. The owners and occupants may waive down to a minimum distance of 200 feet without the necessity of vacating or causing to be vacated, any buildings or structures during drilling operations.
(c) The owners and occupants of any buildings or structures of any nature may consent to drilling for gas and/or oil to a minimum distance of 100 feet to the buildings or structures, but in these cases, the Planning Commission shall consider special features affecting the application for a drilling permit, such as a topographical condition 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 Village shall deem relevant to the application. Should the Planning Commission, upon considering the special features, find that an undue hazard is created, then irrespective of waivers being provided, as called for in this section. The Village 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.
(d) Where the owners and 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 300 feet to the building or structures, then the property owners shall be deemed to have waived the distance requirement provided for in this section down to the same distance that the party waived for the other proposed drilling site or to the distance that a well actually drilled, whichever is smaller.
(e) All distances, as set forth in this section, shall be those distances as measured from the exact center of a proposed drilling site. (Ord. 2688-94. Passed 10-19-94.)