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Subd. 19. Prohibition. It is unlawful for any person to: <br />a.remove, fill, or use for fill, dredge, store or excavate rock, sand, gravel, dirt or <br />similar material within the limits of the City; <br />to fill or reclaim any land by depositing such material or by grading of existing land <br />so as to elevate or alter the existing natural grade; <br />c.or to build, alter, or repair any seawall, retaining wall, or to otherwise change the <br />grade or shore of lakeshore property without a conditional use permit issued by the <br />Council. <br />All of the above referenced land alterations involving filling and grading shall be performed with <br />only "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations <br />and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental <br />bodies. <br />Subd. 21. Exception The requirements of Subdivision 19 are not intended to govern: <br />a.the normal and customary grading in the area of an existing or a new ly constructed <br />building, or <br />the grading of a driveway serving such building, nor <br />c.to any movement under 100 cubic yards which does not adversely impact the existing <br />drainage. <br />Such grading and earth moving shall be approved by the Building Inspector at the time of issuance <br />of the building permit, providing that a plan showing proper drainage and protection of adjoining <br />property ’ has been submitted. Any unusual earth filling, removal or grading proposed by a builder <br />shall be referred by the Building Inspector to the Planning Commission and the Council for action <br />in accordance to this Chapter. The Building Inspector shall adhere to the following guidelines in the <br />determination of unusual land alterations; <br />1.All excavations for foundations in excess of 12 feet if any amount of the excess <br />material removed below 12 feet depth is to be stockpiled on site. <br />2.Any additional fill brought on site in excess of 100 cubic yards except for fill required <br />to raise grade for adequate frost footings protection. <br />U2290 Elaine and Sieve Silus <br />3235 Casco Circle <br />Conditional Use Permit <br />10/20/97 <br />page~3 <br />1