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� • pC Exhibit G <br /> Sec.78-966. - Prohibition. <br /> {a) It is unlawful for any person ta perform or have performed the follawing iand alteration activities without <br /> 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 material <br /> within the limits of the city. <br /> (2} Fill or reclaim any land by depasiting such materiai or by gracfing of existing land to elevate ar <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 /> Eakeshore property. <br /> (b) Afl iand 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 and <br /> other applicable statutes or ordinances of other govemmental bodies. <br /> (Code 1984, § 10.03(19); 4rd. No. Ib3 2nd series, § 1, 12-8-199� <br /> Sec. 78-967. - Exception. <br /> (a) The requirements of secti�n 78-966 are not intended to govern the foilowing land alteration activities: <br /> {1) NoRnal 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 �akes <br /> enumerated in article IX of this chapter. <br /> (b} Such grading and earth movement shall be subject to approval by the building inspector at the time of <br /> issuance of a building permit, provided that a pEan showing proper drainage and protection of adjoining <br /> property has been submitted. Where such earth movement is not being perfvrmed in conjunction with <br /> a building permit, a separate land alteration permit shali be required. Any unusual land �Iterations, <br /> including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use <br /> permit as provided for in this chapte�. The fol�owing land alteratians shall be considered as unusuaf <br /> land afterations: <br /> (1) Ali excavations for foundations in excess of 12 feet a�erage depth if any amount of the excess <br /> material removed below 'f2 feet depth is to be stockpiled on the site. <br /> (2) Any additional fill brought on site in excess of 500 cubic yards, except for fll requirad to raise <br /> grade for adequate frost footing protection, the intent being that structures shall not be artifrcially <br /> raised above the preexisting surrounding topography. <br /> (3) Grading or alterations that woulc! propose any changes in elevations within fi�e feet of adjacent <br /> residential lot lines except for drainage swales and ditches. <br /> (c) The building inspector shafl have the a�thority to refer any requests for land alteration perrnits to the <br /> city cAuncil for review and approval in instances where the land alteration appears to potentially create <br /> negative impacts or be not in keeping with the goals and policies of the community management plan. <br /> (Code 1984, § 10.03(21); Ord.No. 163 2nd series, § 2, 12-8-1997; Ord.No. 171 2nd series, § 1, <br /> 4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015) <br /> Sec.78-968. - Permit. <br /> Page 1 <br />