9-4-2: EXCAVATION BELOW END USE GRADE:
   A.    Prohibited: Except as provided in subsections B and C of this section, it shall be unlawful for any person to displace, remove or excavate any rock, sand, dirt, gravel, clay, or other like material within the city, if such displacement, removal or excavation extends below the future end use grade as approved by the city council.
   B.    Parcels Less Than Twenty Acres: Displacement, removal or excavation of any rock, sand, dirt, gravel, clay, or other like material below the future end use grade within the city shall be prohibited on parcels (or multiple parcels) with a total area of less than twenty (20) acres, except as follows:
      1.    Removal of materials unsuitable for development.
      2.    Earthwork directly associated with the construction of on site storm water ponds.
      3.    Those excavations identified under section 9-4-1-3 of this chapter.
   C.    Parcels Greater Than Twenty Acres: Displacement, removal or excavation of any rock, sand, dirt, gravel, clay, or other like material below the future end use grade within the city shall be prohibited on parcels (or multiple parcels) with a total area of twenty (20) acres or more, except as follows:
      1.    Removal of materials unsuitable for development.
      2.    Earthwork directly associated with the construction of on site storm water ponding.
      3.    Those excavations identified under section 9-4-1-3 of this chapter.
      4.    Displacement, removal or excavation of sand and gravel if the parcel or multiple parcels involved have been rezoned to sand and gravel zoning district in accordance with title 10, chapter 13, article G of this code. (Ord. 914, 2-23-1998)