Permit Required. The removal of topsoil from any parcel of land in the city by any person shall be allowed only under permit from the zoning board of review. However, no permit shall be required wherein the amount of topsoil to be removed is necessarily incidental to or in connection with the construction, alteration, excavation or grading for a building or road or other facility involving a permanent change in the use of the land; provided, that there is reasonable assurance that the construction will be completed. Further, no permit shall be required where the area from which the topsoil is removed is less than two hundred (200) square feet and where the topsoil is not removed for sale.

Location of Removal Areas. It shall be determined that topsoil removal is not seriously detrimental to the neighborhood. Removal operations shall not be performed closer than three hundred (300) feet to a public road or to any existing dwelling, school or park. No permit shall be issued for more than two years. Removal operations as a nonconforming use shall not be extended beyond the property lines of the particular parcels upon which such operations are in progress at the time of the adoption of this chapter.

Treatment of Land After Removal. All areas from which topsoil has been removed shall be treated as follows: