§ 43-19. Well setbacks.

(a)

It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:

(1)

Within 25 feet from any outer boundary line; or

(2)

Within 25 feet from any storage tank, or source of ignition; or

(3)

Within 75 feet of any public street, road, highway or future street, right-of-way or property line; or

(4)

Within 300 feet from any building used, or designed and intended to be used, for human occupancy; or

(5)

Within 100 feet of any building accessory to, but not necessary to the operation of the well; or

(6)

Within 200 feet to any fresh water well. The measurement shall be in a direct line from the closest well bore to the fresh water well bore.

(b)

The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in subsection (a) above.

(c)

The distances set out in subsection (a) above may be reduced at the discretion of the city council, but never less than 200 feet from any dwelling or any other building used, or designed and intended to be used, for human occupancy without the unanimous consent of the property owners within a 200-foot radius around said well and the affirmative vote of not less than three-fourths of all the members of the city council. For protection of the public health, safety and welfare, the city council may impose additional requirements for a reduction of such distance. The reduction of the distance requirement for fresh water wells is subject to the railroad commission regulations and any other state or federal requirements.

(Ord. No. O-2011-010-11, § 1(Exh. A), 9-12-11)