It shall be unlawful for any person to operate or create a borrow pit or borrow area without a permit from the city. Requests for permits shall require a public hearing and Commission approval; however, no such permit shall be required for any of the following activities when they are located on private property;
(A) The installation of utilities.
(B) The installation of the foundations of any building or structure.
(C) Digging drainage ditches and canals where their locations and sizes have been authorized and approved by the City Commissioners and the City Engineer, and if the excavated material is not removed from the tract of land.
(D) Excavations relating to accessory uses of land and designed to be filled upon completion of excavation, such as graves, septic tanks, and the like.
(E) The construction of a swimming pool when a permit has been issued for its construction.
(F) The excavation, grading, and moving of earth in conjunction with the platting of a subdivision, when those activities are approved by the City Commission.
(G) Any other use similar in nature to those listed above, where the excavated material is not removed from the boundaries of the tract, where the excavation is taking place with the approval of the City Commission.
(Ord. 241, passed 11-27-85)