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LA18-000084 <br /> Exhibit A <br /> PC <br /> Subdivision II. - Land Alteration <br /> Sec. 78-966.- Prohibition. <br /> (a) It is unlawful for any person to perform or have performed the following land alteration activities <br /> without a conditional use permit issued by the council: <br /> (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth <br /> material within the limits of the city. <br /> (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or <br /> alter the existing natural grade. <br /> (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of <br /> lakeshore property. <br /> (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in <br /> section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code <br /> and other applicable statutes or ordinances of other governmental bodies. <br /> (Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1, 12-8-1997) <br /> Sec. 78-967. -Exception. <br /> (a) The requirements of section 78-966 are not intended to govern the following land alteration <br /> activities: <br /> (1) Normal and customary grading in the area of an existing or a newly constructed building, or the <br /> grading of the driveway serving such building. <br /> (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing <br /> drainage. <br /> (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes <br /> enumerated in article IX of this chapter. <br /> (4) The following unusual land alterations: <br /> a. Any unusual land alterations, including earth filling, removal or grading, proposed by a <br /> builder shall be subject to a permit. The following land alterations shall be considered as <br /> unusual land alterations: <br /> 1. All excavations for foundations in excess of 12 feet average depth if any amount of the <br /> excess material removed below 12 feet depth is to be stockpiled on the site. <br /> 2. Any additional fill brought on site outside the Shore land Overlay District, in excess of <br /> 500 cubic yards, except for fill required to raise grade for adequate frost footing <br /> protection, the intent being that structures shall not be artificially raised above the <br /> preexisting surrounding topography. <br /> 3. Grading or alterations that would propose any changes in elevations within five feet of <br /> adjacent residential lot lines except for drainage swales and ditches. <br /> (b) Such grading and earth movement shall be subject to approval by the building inspector at the time <br /> of issuance of a building permit, provided that a plan showing proper drainage and protection of <br /> adjoining property has been submitted. Where such earth movement is not being performed in <br /> conjunction with a building permit, a separate land alteration permit shall be required. <br /> (c) The building inspector shall have the authority to refer any requests for land alteration permits to the <br /> city council for review and approval in instances where the land alteration appears to potentially <br />