In order to preserve and safeguard the life, property, public peace, safety and general welfare of the city and the citizens thereof, there are established certain non-drilling territories in which no well shall be drilled or put down for the production of oil and/or gas, which territories are particularly described as follows:
(A) No well shall be drilled or put down for the production of oil and/or gas or injection of produced fluids at any point less than a distance of 660 feet of any protected use as listed in § 113.001, except as permitted under § 113.065, or a distance less than 300 feet from the property line of any adjacent property owner. No production site or pad shall be less than a distance of 460 feet from any protected use. The measurement of the 660 foot distance, the 300 feet distance or the 460 foot distance, shall be made from the well bore or the edge of the pad or production site as appropriate, in a straight horizontal line, to the closest exterior point of the structure of a dwelling, church, public library, public park, medical facility, prekindergarten, kindergarten or elementary, middle or high school, public pool, senior center, public recreation center or licensed business. This setback distance may be reduced by a vote of the City Council, but never less than 250 feet for a residence except by both an explicit authorization by all affected residence owners, including all undivided interest holders or homesteaded spouses in the residence(s) via written notarized waiver; and also, the waiver granted by the City Council. The City Council may not unilaterally grant the waiver relating to the residence of less than 250 feet and must have the above stated written consent of all the affected residence owners. No tank, pressure vessel or other equipment accessory to the oil well may be nearer than 300 feet of any protected use.
(B) No oil or gas wells shall be permitted to be drilled in any city park or publicly held property.
(C) All drilling and completion operations proposed within a FEMA 100-year designated flood plain shall comply with the adopted flood hazard regulations and shall be fully flood proofed.
(Ord. 814, passed 6-11-2018; Ord. 834, passed 2-21-2019; Ord. 958, passed 1-8-2024) Penalty, see §
113.999