(a) (1) No owner, his agent or lessee of real estate within the City limits shall drill, dig or allow to be drilled or dug a water well on property within the City.
(2) An exception may be made for one or more of the following reasons:
A. If it would not be economically feasible from an engineering standard to attach to the water system. The feasibility of the connection shall be determined by the City Engineer.
B. If in the case of a commercial or industrial user, the necessary water demand to supply production needs of the facility exceeds the capacity of the City water system.
C. If in the case of a commercial or industrial user, a permit request is made to replace an existing well r well system which has continuously supplied water for production purposes and that denial of a permit would impose an undue economic hardship on the commercial or industrial user because of the charges levied by the City under its schedule of water user fees.
(3) The owner or authorized agent of the owner shall provide the Director of Administration with a written statement including sufficient information to verify the need for an exception to allow the drilling of a well on the property. The Director then may either issue or deny the permit. The maximum allowable well case diameter shall be specified by the Director based on the individual need for an exception.
(b) In case any water well is or is proposed to be drilled or dug within the City, Council, the Director of Law, Section Leader of the Water Section or any adjacent or neighboring property owner who would be specially damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the unlawful drilling or digging.
(c) Notwithstanding subsections (a) and (b) hereof, the Director may issue regulations setting standards and fees for wells used solely for the purpose of heating or cooling.
(1984 Code Sec. 51.04)