(A) From and after the effective date of this section, it shall be unlawful for any person, corporation or other legal entity to drill, install or operate any of the following facilities within the corporate limits of the municipality without first having obtained a permit from the governing body:
(1) Potable water well;
(2) Any other well;
(3) Sewage lagoon;
(4) Absorption or disposal field for water;
(5) Cesspool;
(6) Dumping grounds;
(7) Feedlot;
(8) Livestock;
(9) Livestock corral;
(10) Chemical product storage facility;
(11) Petroleum product storage facility;
(12) Pit toilet;
(13) Sanitary landfill;
(14) Septic tank;
(15) Sewage treatment plant; and/or
(16) Sewage wet well.
(B) In order to obtain a permit, the owner of the property on which the proposed facility is to be located shall make application on the form provided by the governing body or its designated representative. The application shall be presented to the governing body at any regular meeting or special meeting. After reviewing the application, the governing body shall approve or deny the permit.
(C) Under no circumstances shall the governing body approve any permit to drill or operate any of the following facilities within the indicated number of feet from the municipal water wells:
Absorption or disposal field for water | 500 feet |
All other wells not listed herein | 1,000 feet |
Cesspool | 500 feet |
Chemical or petroleum product storage facility | 500 feet |
Dump | 500 feet |
Feedlot or feedlot runoff | 500 feet |
Irrigation or industrial well (unless special permit is obtained from the State Department of Water Resources) | 1,000 feet |
Pasture or corral | 500 feet |
Pit toilet | 500 feet |
Potable water well | 1,000 feet |
Sanitary landfill | 500 feet |
Septic tank | 500 feet |
Sewage lagoon | 1,000 feet |
Sewage treatment plant | 500 feet |
Sewage wet well | 500 feet |
Sewer connection | 100 feet |
Sewer line | 50 feet |
Sewer manhole | 100 feet |
(D) Any nonconforming uses existing on the effective date of this section are exempted.
(E) If any of the facilities described in this section are drilled, installed or operated without first having obtained a permit from the governing body or within the designated number of feet from the municipal water supply, such facilities shall be deemed a nuisance and the governing body shall abate such facility as a public nuisance, pursuant to § 90.16.
(Prior Code, § 3-119) Penalty, see § 10.99