§ 102-16. Variances and exceptions; appeals.

A. 

No grading permit shall be required for the following:

(1) 

Agricultural uses of land zoned agricultural;

(2) 

Grading or an excavation below finished grade for basements, footings, retaining walls or other structures on plots zoned RA-1, RA-2 or RA-3, of less than 20,000 square feet and more than 100 feet from any lake, stream or drainage course;

(3) 

A sidewalk or driveway authorized by a valid permit under Chapter 217, Articles I and II.

(4) 

Gravel, sand, dirt or topsoil removal as authorized pursuant to Chapter 75; or

(5) 

Where the City Engineer certifies, in writing, that the planned work and the final structures or topographical changes will not result in or contribute to soil erosion or sedimentation of the waters of the state; will not interfere with any existing drainagecourse in such a manner as to cause damage to any adjacent property or result in the deposit of debris or sediment on any public way; will not create any hazard to any person or property; and will have no detrimental influence upon the public welfare or upon the total development of the watershed.

B. 

Even though no permits are required under Subsection A(1) to (5) hereof, operations and construction which are exempt from the permit requirement must still be in compliance with the provisions of this chapter concerning grading and erosion.

C. 

Where it is alleged that there is an error or misinterpretation in any order, requirement, decision, grant or refusal made by the City Engineer, the Zoning Board of Appeals may hear specific applications and may amend or change such order, requirement, decision, grant or refusal so that it is in harmony with the general purpose and intent of this chapter. The procedural requirements for appeals under the Zoning Code shall be applicable to appeals under this chapter.