The following findings of fact made:

12.11.

Residential, Commercial, Industrial or Agricultural Classification Inadequate. Within Daviess County there are a number of land activities that have characteristics of operations that do not readily permit classification in the usual residential, commercial, industrial, or agricultural districts. However, they are necessary to the livability or economic health of the community or are of such character that their specific control is necessary.

12.12.

Conditional Use Inadequate. Many of these activities are permitted as conditional uses within particular residential, commercial, industrial, or agricultural zones. However, the need for specifically enumerated performance standards and site locational 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, and the conditions which the Board of Adjustment may attach are not enumerated in such a manner as to avoid inconsistent and unequal treatment of similar activities.

The reclassification of certain activities from the category of conditional use in a particular residential, commercial, industrial, or agricultural zone to an exclusive use zone is intended to:

12.21.

Establish Specific Standards. Classification of these activities within exclusive use zones will enable specific site locational standards to be enumerated and applied. Such standards will protect that public health, safety, and welfare more adequately, will assure more equal treatment of the same or similar uses. Transportation facilities, including the use of roads and bridges shall also be considered.

12.22.

Avoid Confusion Concerning Requirements. By specifically stating the standards to be applied to these activities, confusion and doubt about the standards will be reduced, and enforcement of the standards by the Inspector will be facilitated.

12.23.

Increase Compatibility With Adjacent Uses. Exclusive use zones intended to make such activities more compatible with adjacent uses, allow greater flexibility in site selection for the activity, and require the zoning of the site to be re-examined upon termination of the permitted activity within such an exclusive use zone.

Activities placed in an exclusive use zone are those not capable of ready classification as residential, commercial, or industrial uses or which require specific, unique regulation unnecessary or inappropriate to other uses properly classified in residential, commercial, or industrial zones. Each such zone shall be designated EXCLUSIVE USE ZONE I (EX-1), etc. in order of adoption. The regulations for each exclusive use zone shall be included as an appendix to Article XII. Thus, the exclusive use zone for Coal Mining, as an example, shall be referred to as Article XII, Appendix A, Exclusive Use Zone I, Coal Mining. The abbreviated designation shall be (EX-1, EX-2, etc.)

The regulations adopted under this chapter relating to each exclusive use zone created must include the following if applicable:

12.41.

Definition of the specific use to be permitted.

12.42.

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.

Regulations relating to surface and subsurface drainage, floodplains and soil erosion;

f.

Off-street parking requirements;

g.

Other site and design requirements as determined necessary and reasonable to make such activity compatible with neighboring land uses likely to be affected by such activity.

12.43.

Operational Standards. Performance standards may be established relating to those aspects of the activity which must be controlled to protect the public health, safety, or welfare such as:

a.

noise, air, water and soil pollution on other areas;

b.

stormwater drainage, floodplain or erosion control problems;

c.

and other operational requirements which are necessary and reasonable to make such activity compatible with neighboring land uses likely to be affected by such activity.

12.44.

Bonding Requirements. Performance bonds may be required, and the amount, duration and supervisory agency should be established.

12.45.

Reference to Other Applicable Laws. A listing of local, state and federal requirements applicable to such use may be included to facilitate effective coordination between the various agencies having jurisdiction over the particular use. Such a list shall not be considered exhaustive, but it is merely to be available to assist persons requesting such zoning.

12.51.

Administration Process For Exclusive Use Zoning. Any activity which must be conducted within an exclusive use zone shall be permitted only upon approval by the appropriate legislative body of the required exclusive use zone. Requests for such zoning shall be made through the OMPC in accordance with Kentucky Revised Statute Chapter 100, the intent of which is shown in H. B. 390, 1966 Session, General Assembly and the County Ordinance of October 16, 1973 relating to flood control and land uses.

12.52.

Information Required In Application. The information necessary for proper review of each application shall be specified for each exclusive use zone. Additional information may be required by the OMPC.

12.53.

Factors Which Shall Be Considered. In passing on requests for exclusive use zoning, all relevant factors specified for each zone and those listed below shall be considered.

12.531.

The importance, to the community, of the services provided by the proposed facility or activity.

12.532.

The availability of alternative locations for the proposed facility or activity.

12.533.

The compatibility of the proposed use with existing uses and uses anticipated in the foreseeable future.

12.534.

The relationship of the proposed use to the Land Use Plan, or other community plans.

12.535.

Such other factors which are relevant to the purpose of this ordinance.

12.54.

Time For Acting On An Application. The time for acting on an application shall be in accordance with normal OMPC procedures unless otherwise specified.

Each exclusive use zone shall be included as an appendix to this section of the Zoning Ordinance.