(a) In addition to the consents required in Section 904.13, no drilling shall be permitted for oil and/or gas wells in any zone within 400 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 buildings or structures which are located within 400 feet of the proposed well site must waive, in writing, the distance requirement set forth. The owners and occupants may waive down to a minimum distance of 300 feet without the necessity of vacating, or causing to be vacated, any buildings or structures during drilling operations.
(c) When the owners and occupants of any buildings or structures which are closer than 400 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 400 feet to the buildings 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 was drilled, whichever is smaller.
(d) The City Council may refuse to reduce the distance from any building or structure even though the owners and occupants within 400 feet of the well site have waived the distances set forth in this chapter. City Council will evaluate each case from the perspective of safety, the impact on the immediate area and the relationship to long-term plans for the area.
(Ord. 37-04. Passed 5-24-04.)