11-13-2017 Council Packet - Laserfiche WebLink

Home Browse Search

Citv Code Sections Sec. 78-912. - Reference to planning commission. Before the council may grant conditional use permits for such conditional uses as prescribed in the district regulations of this chapter, the request shall be referred to the planning commission for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recommendation in regard to granting such conditional use and its conditions, if any, or for the denial of such conditional use. The council may by unanimous action waive reference to the planning commission. (Code 1984, § 10.09(2)) Sec. 78-967. - Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (4) The following unusual land alterations: a. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a permit. The following land alterations shall be considered as unusual land alterations: All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. Any additional fill brought on site outside the Shore land Overlay District, in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015; Ord. No. 188 3rd series, § 2, 3-22-2017) Sec. 78-1286. - Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity