A. Except as provided in subsection B of this section, a permit shall be required for every "excavation", "grading" or "filling" as defined herein.
B. No permit shall be required for the following classes of excavation, grading or filling operations:
1. Building Permit: Under provisions of a duly issued building permit.
2. Incidental Excavations, Grading Or Filling: Excavations and removal of excavated material, and filling, shall be permitted in any zone, provided such operation is clearly incidental to the improvement of the property, consists of less than two hundred (200) cubic yards of material and the area is graded and covered by revegetation or other suitable means.
3. Excavation For Streets And Drains: Necessary grading, removal or excavation of topsoil, or other materials shall be permitted within the limits of the right of way or slope rights of any existing street or for the purpose of constructing streets and other related improvements within the area of new subdivisions when made in accordance with subdivision plans approved by the planning and zoning commission, which subdivision plans shall establish the elevations and grades of said streets and/or the location of said improvements, and for which a street construction permit or a drain connection permit has been issued.
4. Other Construction Work: Construction work relating to drains, utilities or sanitary sewerage systems for which a street opening and/or other necessary permit has been issued by the city council.
5. Farming: The provisions of this section shall not be construed as prohibiting or limiting the lawful use of land for farming, nurseries or gardening, or similar agricultural or horticultural use in any zoning district where and as permitted by the zoning ordinances. (Ord. 04-0-16, 2-3-2004)