§ 52.04 NOTICE OF PROPOSED ACTION TO OPERATOR OF PUBLIC OR COMMUNITY WATER SUPPLY.

   (A)   Whenever there is a request which requires a special use permit from the Planning and Zoning Commission for land lying within a Drinking Water Protection District, written notice of the hearing shall be given to the entity operating the public or community water supply within that overlay district.

   (B)   The Planning and Zoning Commission may require a granting of easements for monitoring wells if the Commission deems it appropriate for protection of the public water supply.

(Ord. 579, passed 1-4-2005)

§ 52.05 NONCONFORMING USES.

   Any legal use existing at the time of the adoption of this subchapter and listed as a prohibited use herein shall become a legal nonconforming use and may not be expanded or improved, except as otherwise provided in the zoning ordinance.

(Ord. 579, passed 1-4-2005)

§ 52.06 ENFORCEMENT.

   It shall be unlawful for any person, corporation, government entity or business to occupy or use the land within the area designated in the Drinking Water Protection Overlay District of Zone IA, IB, II and III contrary to, or in violation of, any of the provisions of this subchapter.

(Ord. 579, passed 1-4-2005) Penalty, see § 52.99

§ 52.07 AMENDMENTS.

   Proposed amendments to this subchapter will require advance notice to all entities operating public or community water supplies that this subchapter affects.

(Ord. 579, passed 1-4-2005)

WELLS; DRILLING RESTRICTIONS

§ 52.20 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DRILLER. The person supervising, drilling or participating in the actual drilling, deepening or modification of the well.

   DRILLING. Any modification, deepening or actual drilling of a well as defined herein.

   OCCUPANT. A person seeking to drill, deepen or modify a well as the owner or person having control of the property or location where the well is to be drilled.

   PERSON. Any individual, trust, estate, corporation, partnership or other legal entity.

   WELL. An artificial excavation or opening in the ground more than 18 feet deep and vertical depth below land surface for which groundwater of any temperature is sought or obtained.

(Ord. 569, passed 5-1-2001)

§ 52.21 RESTRICTIONS ON DRILLING.

   All drilling, deepening or modification of wells within the city shall be discretionary with the city and by written permit only.

(Ord. 569, passed 5-1-2001) Penalty, see § 52.99