(A) The Board of Public Works and Safety shall grant an excavating permit after a hearing only in the event the Board finds the following:
(1) The land where the proposed excavation is to be made is zoned for heavy industrial use under the provisions of the zoning code, as adopted by Chapter 158.
(2) The proposed excavation shall be a reasonable distance from the nearest roadway, and a distance of three miles from the nearest residential district so as not to be unduly detrimental to the safety, health or general welfare of the public.
(B) It is hereby expressly declared the intention of the Common Council that the Board of Public Works and Safety in issuing excavating permits shall grant them only in those areas in which a heavy industrial use is permitted by the zoning regulations and only when the proposed excavation will not constitute a nuisance due to the close proximity of residential property in the vicinity of the area upon which the excavation is to be made. It is further expressly declared to be the intention of the Common Council that no excavation be made within the city below the present grade of the city street nearest the place of excavation, within the limitations of § 152.01.
(Prior Code, § 152.03) (Ord. 4137, passed 10-14-1975)