(A) Generally. It is unlawful for any person to do any grading, excavation or fills without first having obtained a permit from the city either under this section or under § 150.102 for building permits and in compliance with or along with a Storm Water Management Permit governed by the city's zoning ordinance. A separate permit shall be required for each site, and may cover grading, excavations and fills. Changes or deviation from previously approved plans require that an amended permit be applied for and approved before the work is performed.
(B) Exceptions. The following activities are excepted from the requirement to first obtain a permit, but shall be required to otherwise comply with these regulations:
(1) Grading in an isolated, self-contained area if there is no danger apparent to private or public property;
(2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt the requirement for a permit for fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of the structure;
(3) Cemetery graves;
(4) Refuse disposal sites controlled by other regulations;
(5) Excavations for wells, tunnels, existing public alley and roadways, or utilities;
(6) Mining, quarrying, excavating, processing, crushing, screening, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law or provisions of the City Code. This shall not exempt these types of activities from the special use permit requirements set forth in other provisions of the City Code;
(7) Exploratory excavations under the direction of soil engineers or engineering geologists;
(8) An excavation which is less than 2 feet in depth or does not create a cut slope greater than 5 feet in height and steeper than 2 units horizontal to 1 unit vertical; and
(9) A fill which is less than 2 feet in depth and placed on natural terrain with a slope flatter than 3 horizontal to 1 vertical or less than 3 feet in depth, not intended to support structures. The fill shall not exceed 50 cubic yards on any 1 lot and shall not obstruct a drainage course or infringe upon a ponding area or wet land.
(C) Prohibitions. The activities of processing, crushing, and screening are prohibited within residential and commercial zoning districts without prior authorization of the City Council under an approved grading plan. Such grading plan must identify any mining quarrying, processing, crushing, screening, stockpiling, loading, and hauling of material.
(Prior Code, § 4.06) (Am. Ord. 2024-03, passed 3-11-2024) Penalty, see §
150.999