The Director of Buildings shall investigate the statements contained in the application required by Section 1193.02 and shall report the application and his or her findings to the Board of Zoning Appeals. The Board shall set a date for a hearing upon the application and shall notify the applicant of such date. If, after a hearing, the Board determines that the granting of the application will not adversely affect the public welfare, health, safety and convenience, it shall grant the application with such conditions as the Board believes are necessary for the protection of the public interest, health, safety and welfare, relating to the method of stripping and removal, the term of the permit, the amount of topsoil or loam to be left on the land (which shall not be less than three inches), reseeding or replanting, drainage or topography, and such other conditions as the Board sees fit to impose. Any condition imposed by the Board shall be made a part of the permit and constitute limitations thereon.
If the Board denies an application, the applicant may appeal its decision to Council within thirty days, and Council may, by a vote of five of the seven elected members of Council, act on such application, subject to the limitations set forth in this Zoning Code.
(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)