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� 1 �� PC Exhibit I ' <br /> Sec. 78-966. Prohibition. <br /> (a) It is unlawful for any person to perform or have performed the following land <br /> alteration activities 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 <br /> similar earth material within the limits of the city. <br /> (2) Fill or reclaim any land by depositing such material or by grading of existing land <br /> to elevate or alter the existing natural grade. <br /> (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade <br /> or shore of lakeshore property. <br /> (b) All land alterations involving filling and grading shall be performed only with <br /> clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and <br /> prohibitions of this Code and other applicable statutes or ordinances of other governmental <br /> 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 <br /> alteration activities: <br /> (1) 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 <br /> zone 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 <br /> inspector at the time of issuance of a building permit, provided that a plan showing proper <br /> drainage and protection of adjoining property has been submitted. Where such earth movement is - <br /> not 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,proposed <br /> by a builder shall be subject to a conditional use permit as provided for in this chapter. The <br /> following land alterations shall be considered as unusual land alterations: . <br /> (1) All excavations for foundations in excess of 12 feet average depth if any amount <br /> of the excess material removed below 12 feet depth is to be stockpiled on the site. <br />