(a) No person shall drill or cause to be drilled a well for gas or oil within the corporate limits of the City until the relevant provisions of this chapter have been complied with and a conditional use permit (conditional zoning certificate) has been granted by the Planning Commission, with the approval of Council. No conditional use permit shall be granted unless the application contains a permit issued by the Division of Oil and Gas.
(b) For each gas and oil well to be drilled, a conditional use permit shall be obtained and the applicant shall comply with each and every regulation of the Zoning Code prior to the issuance of the permit, regardless of the number of permits previously issued within a drilling unit. If the Planning Commission finds that any applicant for a permit is in violation of this chapter on any previously issued conditional use permit, the Commission shall not issue any new permit until satisfactory evidence has been provided to the Commission that all violations have been remedied and all fines, deposits and costs have been remitted to the City.
(c) No permit shall be issued to drill, deepen, reopen or plug a well for oil or gas unless the proposed well is located upon a tract of land or drilling unit containing not less than twenty acres. Not more than one oil and/or gas well shall be permitted to be drilled in any one drilling unit. Not more than two contiguous lots of record shall be pooled for the purposes of creating a drilling unit and meeting minimum lot area requirements.
(d) All drilling, production and transmission operations and facilities for oil and gas shall comply with all of the requirements of this chapter, Ohio R.C. Chapter 1509, and Ohio Administrative Code Chapter 1501; the rules of the Division; all other applicable administrative regulations and laws of the State; the requirements of the Ohio and U.S. Environmental Protection Agency regulations; the National Pollution Discharge Elimination System regulations and permit provisions, as applicable; and the Federal Water Pollution Control Act Amendments of 1972, including, but not limited to, the Oil Pollution Prevention regulations, the Safe Drinking Water Act, as amended, and applicable provisions of anti-degradation statutes and regulations of the State and Federal governments. In case of a conflict among any local, State or Federal laws, the more stringent provisions shall apply.
(e) No conditional use permit shall be assignable or transferable. Any change in ownership or operation of any conditional use shall require the new owner or operator to file an application for a new conditional use permit in accordance with this chapter. The existing permit holder shall advise the Commission of any change in ownership, and failure to advise shall be a violation of this chapter.
(Ord. 1986-6. Passed 4-28-87.)