176.44    EXCLUSIVE USE ZONES.  Activities placed in an exclusive use zone are those uses that cannot be readily classified as agricultural, residential, business, professional office, or industrial uses.  Such activities are generally intense uses of property and shall be directed to areas land use designated for industrial purposes.  To this end, the exclusive use zone:

1.         Establishes Specific Standards.  Classification of these activities within exclusive use zones will enable specific site location, design and performance standards to be enumerated and applied for the basis of evaluation criteria.  Such standards will protect the public health, safety and welfare more adequately, and will assure more equal treatment of the same or similar uses.

2.         Avoids Confusion Concerning Requirements.  By specifically delineating the standards to be applied to these activities, perception, understanding and enforcement of these standards will be enhanced.

3.         Increases Compatibility with Adjacent Uses.  Exclusive use zones are intended to make the considered 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.

4.         Regulations In Exclusive Use Zones.  The regulations adopted in this section relating to each exclusive use zone shall include but not be limited to the following:

A.        Definition.  A detailed definition of the specific use or uses to be permitted.

B.         Site Design and Location Standards.

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

D.        Bonding Requirements.  Performance bonds or letters of credit may be required, and the amount, duration and supervisory agency should be established.

E.         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 is merely to be available to assist persons requesting such zoning.

5.         Procedures and Standards for Approval.  The procedures and standards for approval of an Exclusive Use Zone are as follows:

A.        Creation of New Exclusive Use Zone(s).  A proposal for creation of an Exclusive Use Zone shall be processed as an amendment to the zoning regulations.  Each new Exclusive Zone adopted shall be designated Exclusive Use Zone (Number) (Name of Use) in order of adoption.  The abbreviated designation shall be EU-1, EU-2, etc. A “Findings of Fact” shall be established so as to ensure that the spirit and intent of this section are met.

B.         Zoning District Reclassification to an Exclusive Use Zone.  Any activity that must be conducted within an Exclusive Use Zone shall be permitted only upon approval of the zoning district reclassification by the City Council.  Requests for reclassification shall be made according to the procedures as set forth in this chapter.

(Ord. 04-22 – Feb. 05 Supp.)