Article 11 — DRILLING PERMITS.

No person shall drill, redrill, deepen or cause to be drilled, redrilled or deepened any oil well in the O-1, O-2, or O-3 Combining Oil Districts unless a drilling permit has been obtained therefor in accordance with the provisions of this Article.

For the purposes of this Article, the term "oil well" is defined in Section 97.1.1. herein, the term "drill" is defined in Section 97.1.1. herein, the term "redrill" is defined in Section 97.4.3. herein, and the term "deepen" is defined in Section 97.4.3. herein.

(Amended by O-2822)

The decision of the Oil Board may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.

(Amended by O-2501)

a) Drilling permits shall not become effective, and no drilling shall be commenced thereunder, until fifteen (15) days after the granting of such permit by the Oil Board, or, if an appeal is filed from the decision of the Oil Board, until the granting of such permit by the City Council.

b) Each drilling permit shall expire and become null and void at the times provided in Section 95.2.7. herein for the expiration of Conditional Use Permits; provided, however, that the provisions of this subsection (b) shall not apply to drilling permits issued before June 1, 1974.

c) The Oil Board may extend the time for which a drilling permit is granted one (1) or more times without a hearing thereon where good cause is shown; provided, however, that no request for such an extension of time may be granted after the expiration date, or extension thereof, of the drilling permit.

Upon the breach of any of the conditions of any drilling permit by the permittee or by the permittee’s representatives, successors, or assigns, the Oil Board may revoke the permit after hearing thereon. Notice of the hearing shall be given at least five (5) days before the hearing by registered mail addressed to, or personal service on, the permittee or his successors or assignee. The decision of the Oil Board may be appealed to the City Council in the manner provided in Section 97.11.7.

a) In the case of any application for a permit to drill a well on land which is zoned for commercial or manufacturing uses, the surface of which well will be located more than three hundred (300) feet from the nearest property line of any lot or parcel of land on which a residence is situated or which is zoned for residential use, the City Council on request of the applicant may grant the operator permission to drill such well without compliance with the provisions of Article 4 of this Chapter 7 and any other applicable drilling conditions.

b) Such request shall be heard by the Oil Board at the same time it hears the application for a drilling permit for such well. At the conclusion of the hearing, the Oil Board shall make a recommendation thereon to the City Council.

c) The City Council shall hear such request at the same time it hears the appeal, if any, from the decision of the Oil Board granting or denying the application for a drilling permit. If no such appeal is filed, the City Council shall hear the matter and the City Clerk shall give notice of such hearing in the same manner as provided in Section 97.11.8

d) After the conclusion of the hearing, the City Council may grant such request in whole or in part if, in the judgment of the City Council:

1. The drilling of such well without compliance with such provisions will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof; and

• 2. Compliance with such provisions would impose an unnecessary hardship on the operator; and

3. Compliance with such provisions would serve no substantial public purpose.

(Added by O-2744)

a) No drilling permit shall be issued for any well included in or to be used for a secondary recovery oil operation as defined in Section 97.13.1. unless and until a Conditional Use Permit has been issued for such operation in accordance with the provisions of Section 95.3.36

b) The Conditional Use Permit shall become null and void:

1. Three (3) years after the granting of such permit if the drilling program for the subject secondary oil recovery operation has not been commenced and is not being diligently prosecuted to completion on such date; provided, however, that the Planning Commission for good cause shown may grant an extension of time therefor not to exceed three (3) additional years.

2. Ninety (90) days after the discontinuance of such secondary recovery oil operation.