(A) Purpose.
(1) Within the city, there are a number of land activities that have characteristics of operations or development that do not readily permit classification in the usual residential, commercial, industrial, public or agricultural districts. However, they are necessary to the livability, development or economic health of the community, or of such character that their specific control is necessary.
(2) Some of the activities are permitted as conditional uses within the particular residential, commercial, industrial, agricultural or public zones, but the need for specifically enumerated performance standards and site standards make inclusion as a conditional use in a particular zone inadequate, since the restrictions in each zone must be applied equally to all uses within the zone (to endeavor to ensure consistent and equal treatment), and the conditions that may be attached by the Board of Adjustment may result in treatment that is inconsistent and unequal.
(3) The exclusive use zones classification will allow flexibility in the development and use of a particular property. It will allow specific site and use standards to be enumerated and applied. Such standards will protect the public health, safety and welfare more adequately, will assure more equal treatment of the same or similar uses, and allow uses and site standards that will promote the needs of the community.
(B) Establishment of exclusive use zones. Activities and properties placed in an exclusive use zone are those that are not capable of a ready classification, such as residential commercial, industrial, public or agricultural, or that require a specific, unique regulation unnecessary or inappropriate to other uses properly classified as to zone. Each such zone shall be designated an exclusive use zone (EX-1 and the like) in order of adoption. Each exclusive use zone adopted shall be included as an appendix to this section.
(C) Requirements for all exclusive use zones. If applicable, each exclusive use zone must include the following:
(1) Definition of the specific use to be permitted;
(2) Site, design and locational standards such as:
(a) Lot, yard and height requirements;
(b) Landscape buffer and fencing requirements;
(c) Sign restrictions;
(d) Access design requirements and limitations;
(e) Drainage requirements;
(f) Off-street parking requirements;
(g) Other site and design requirements determined to be necessary to make the exclusive use compatible with neighboring land uses likely to be affected by the activity or use.
(D) Bonding requirements. Performance bonds, setting forth the amount and duration, may be required.
(E) Procedure; steps required for the approval of an exclusive use zone. An exclusive use zone is approved in the same way as a zoning map amendment (rezoning). After a public hearing, recommendation concerning the approval of the designation of exclusive use zone is forwarded to the City Council for its final action. The specific steps for approval, in order of occurrence, are as follows:
(1) Pre-application conference with the Zoning Administer to review the request and to provide suggestions concerning timing, designations requested, site design and layout, as well as any other and relevant matter.
(2) Application provided by the Planning Commission office is completed and submitted prior to established deadlines. All supplemental materials or attachments must be submitted or the application will be considered incomplete and not accepted.
(3) The Planning Commission shall hold a public hearing as for proposed map amendment as provided by KRS 424, Chapter 10 of the comprehensive plan, § 153.451 and KRS Chapter 100. The public hearing shall consider all aspects of the application. Within thirty (30) days after the last public hearing on the application, the Planning Commission shall prepare and transmit to the City Council and the applicant specific findings of fact, together with its recommendations to the City Council with respect to the action to be taken on the application for an exclusive use zone. The City Council shall have a period of sixty (60) days to approve or reject, by resolution, the application. If the application is rejected, the written reasons for the rejection shall be made available.
(4) The development plan will be considered as a preliminary plat. After approval by the City Council, a final development plan shall be submitted to the Planning Commission for its consideration and approval. The submission of the final development plan must be made within one hundred twenty (120) days of the final approval of the exclusive use zone designation or that designation will become null and void. The Planning Commission shall review and approve, if appropriate, the final development plan. Within two (2) months of the approval of the final development plan, a copy of the final development plan, with appropriate original signatures affixed, shall be filed with the County Clerk as a plat. Failure to file a final development plan shall void the development plan and the exclusive use zone approvals.
(5) After the filing of the final development plan, the owner/developer of the property approved for an exclusive use zone shall have three (3) years to develop the property as set out in the final development plan, or the development plan and exclusive use zone approvals shall become null and void.
(Ord. 2022-07, passed 10-6-22)