§ 157.079 EXCAVATION, REMOVAL, FILL, OR DEPOSIT.

   (A)   The use of land for the excavation, removal, filling, or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or byproducts, is not permitted in any zoning district except under a certificate from, and under the supervision of the Zoning Administrator in accordance with a topographic plan, approved by the City Engineer, submitted by the feeholder owner of the property concerned.  The topographic plan shall be drawn at a scale of not less than 1 inch equals 50 feet and shall show existing and proposed grades and topographic features and other data as may from time to time be required by the City Engineer.  The certificate may be issued in appropriate cases upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the state running to the city in an amount as established by the City Engineer which will be sufficient in amount to rehabilitate the property upon default of the operator or other reasonable expenses.  This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Building Official.

   (B)   Any material filled or deposited on any property within the city, whether it be of any type of earth material, topsoil, gravel, rock, stone, broken concrete or asphalt or any other material shall not be piled higher than 25 feet from ground elevation of the surrounding area prior to the filling or depositing of the material.

§ 157.080 RESTORING UNSAFE BUILDINGS.

   Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Official or required compliance with his or her lawful order.

§ 157.081 GRANDFATHER CLAUSE.

   Nothing in this ordinance shall be deemed to require any change in the plans, construction, or design use of any building upon which actual construction was lawfully begun prior to the adoption of this ordinance, and upon which building actual construction has been diligently carried on, and provided further, that the building shall be completed within 2 years from the date of passage of this ordinance.

§ 157.082 VOTING LOCATION; TEMPORARY USE.

   The provisions of this ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with municipal or other public election.

§ 157.083 PLAT APPROVAL; CONFORMANCE REQUIRED.

   No proposed plat of a new subdivision shall hereafter be approved by either the City Council or the City Planning Commission, unless the lots within the plat equal or exceed the minimum size and width requirements set forth in the various districts of this ordinance, and unless the plat fully conforms with the statutes of the state and all other provisions of this city code.

§ 157.084 ESSENTIAL SERVICES.

   Essential services shall be permitted as authorized under any franchise or that may be regulated by any law of the state or any ordinance of the city, it being the intention hereof to except those essential services from the application of this ordinance.

§ 157.085 RADIO AND TELEVISION TOWERS.

   All commercial radio, television, and other transmitting or relay antenna towers shall be permitted in any business, commercial, or industrial district which has access upon a major thoroughfare.  The setbacks for these towers from all abutting streets or adjacent property shall be a distance equal to the height of the tower.  The structural plans must be approved by the Building Official.