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Municode Page 1 of 1 <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 /> (�) Normal and customary grading in the area of an existing or a newly constructed <br /> building, or the grading of the driveway serving such building. <br /> �2) Any earth movement under 500 cubic yards which does not adversely impact the <br /> existing drainage. <br /> �3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone <br /> of all lakes enumerated in article IX of this chapter. <br /> �b) Such grading and earth movement shall be subject to approval by the building inspector at <br /> the time of issuance of a building permit, provided that a plan showing proper drainage and <br /> protection of adjoining property has been submitted. Where such earth movement is not <br /> being performed in conjunction with a building permit, a separate land alteration permit shall <br /> be required. Any unusual land alterations, including earth filling, removal or grading, <br /> proposed by a builder shall be subject to a conditional use permit as provided for in this <br /> chapter. The following land alterations shall be considered as unusual land alterations: <br /> ��) All excavations for foundations in excess of 12 feet average depth if any amount of <br /> the excess material removed below 12 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 fill required <br /> to raise grade for adequate frost footing protection, the intent being that structures <br /> shall not be artificially raised above the 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 /> ��) The building inspector shall have the authority to refer any requests for land alteration <br /> permits to the city council for review and approval in instances where the land alteration <br /> appears to potentially create negative impacts or be not in keeping with the goals and <br /> 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, 4-4-1998) <br /> http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3a%2£.. 11/4/2013 <br />