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No person shall commence or perform any grading or excavation, including those in gravel pits and rock quarries, in excess of the limits specified below without first obtaining a conditional use permit for grading or excavation. In this chapter, all references to “conditional use permit” mean a “conditional use permit for grading or excavation.”

1. A conditional use permit shall be required in all cases where development comes under any one or more of the following provisions unless such work is otherwise exempted elsewhere in this chapter:

a. Excavation, fill or any combination thereof exceeding one thousand cubic yards;

b. Fill exceeding five feet in vertical depth at its deepest point measured from the adjacent undisturbed ground surfaces;

c. An excavation exceeding five feet in vertical depth at its deepest point;

d. An excavation, fill or combination thereof exceeding an area of one acre;

e. Vegetation removal from an area in excess of one acre.

2. A conditional use permit shall not be required in the following cases:

a. Excavations below finished grade for which a building permit is required and has been issued by the local jurisdiction, including but not limited to, the following:

i. Septic tanks and drain fields;

ii. Tanks;

iii. Vaults;

iv. Tunnels;

v. Equipment basements;

vi. Swimming pools;

vii. Cellars; or

viii. Footings for buildings or structures;

ix. Excavation or removal of vegetation within property owned by public utility companies or within public utility easements by public utility companies;

x. Removal of vegetation as a part of the work authorized by an approved building permit;

xi. Tilling of soil or cutting of vegetation for agricultural or fire protection purposes;

xii. Commercial quarries operating with valid conditional use permits and/or in appropriate industrial zones as provided for in this division;

xiii. Engineered interior fills or surcharge on the property with respect to industrial development;

xiv. Items not covered by this chapter which are exempted from required permits by this division and the building code of the local jurisdiction;

xv. Grading and/or excavation done pursuant to an approved final subdivision plan. (Ord. 111 §1, amended, 1985; Prior code §12-107-6(B))