(A) General. Except as herein provided, nothing in this chapter shall prevent (outside of urban areas) the complete use and alienation of any mineral resources or forests by the owner or alienee thereof. For the purpose of this section, urban areas shall include all lands or lots within the limits of the incorporated city and any other lands or lots used for residential purposes where there are eight or more residences within any quarter mile square area, and such other lands and lots as have been or are planned for residential areas contiguous to incorporated cities. For the purpose of preserving mineral resources and using them in the development and growth of the community, the encroachment of other uses upon lands where such resources may be obtained should be avoided.
(B) Ones in which permitted. The mining of minerals shall be considered special use and may be permitted in the A Agriculture Zone, the IL Limited Industrial Zone, and the IIM Intense Industrial Zone subject to the determination of the Board of Zoning Appeals.
(C) Quality standards.
(1) In determining whether or not the working of an area for the extraction of minerals is feasible and whether or not such operation should be permitted, the Plan Commission and the Board of Zoning Appeals may consider the following factors:
(a) The depth of overburden;
(b) The quality of deposits at various depths;
(c) The engineering problems concerning size and area;
(d) Existing and future land use;
(e) Ingress and egress and similar traffic problems; and
(f) Proximity of existing residential, commercial development.
(2) In determining the feasibility of a project, the Commission and the Board may avail themselves with technical aid from state and federal agencies with expertise in the question of mineral resources.
(Ord. 1991-07, passed 1-7-1991)