The regulations set forth in this chapter or elsewhere in this ordinance which are applicable shall apply to the unclassified and special uses listed in this ordinance.

It shall be recognized that certain uses possess characteristics of such unique and special form as to make impractical their being included automatically in any class of use as permitted in the various zoning districts established by this ordinance; therefore, these uses shall be subject to certain conditions and standards set forth in this chapter, and the authority for the location thereof shall be subject to review by the Norwalk Planning and Zoning Commission and the issuance of a special use permit by the Norwalk Board of Adjustment.

The following uses are declared Unclassified, and upon the issuance of a special use permit, may be authorized in any zone in addition to those zones in which the use may be specifically listed as a special use.

   1.   Accessory or branch structures and facilities for public utilities and public service uses, including water reservoirs and tanks, pumping stations, telephone exchanges, natural gas transmission and regulating facilities, and electric power and transformer stations, but not including equipment storage yards and garages, etc., which are considered commercial and industrial uses.

   2.   Dam or levee.

   3.   Parks, playgrounds, and recreation areas intended for public use.

   4.   Recreation, refreshment, and service buildings in public parks, playgrounds, and golf courses.

   5.   Excavation to create artificial lakes, sand, soil, gravel, rock, or mineral quarries, borrow pits, or mining operations, except in an established residential area.

   6.   Satellite dish antennas with greater than a twelve (12)-foot diameter.

   7.   Windmills or wind generators of greater than twelve (12) feet in height.

   8.   Shooting ranges, including pistol, rifle, skeet and trap ranges, providing these uses are specifically excluded from any R District.

   9.   Golf courses and golf driving ranges.

   10.   Towers over twenty-five (25) feet in height, not including windmills and wind generators.

   11.   Tourist parks and campgrounds.

   12.   Any use not permitted by this ordinance as a principal permitted use, accessory use, or special use shall be considered an unclassified use, and permitted only by approval of a special use permit by the Board of Adjustment, provided such use is compatible with the type of uses permitted in the zoning district in which the use is proposed.

   1.   General Conditions.

      A.   A special use permit shall not authorize a use which does not comply with the minimum requirements of the district in which it is located or by its construction, architecture, or site improvements is not considered compatible with the neighborhood and surrounding use of land and construction.

      B.   A special use permit shall not authorize a use which is in conflict with any ordinance of the City of Norwalk or law of the State of Iowa regulating nuisances, pollution or hazardous occupation.

      C.   The authority for the location of an unclassified or special use through the issuance of a special use permit shall be subject to review and recommendation by the Planning and Zoning Commission to the Board of Adjustment.

      D.   Before issuance of any special use permit for any use, the Board of Adjustment and the Planning and Zoning Commission shall review the conformity of the proposal with the standards of the Comprehensive Plan, and any other applicable City ordinances or regulations. The Board, after review of the Commission recommendations, may approve or disapprove the special use permit as submitted or, before disapproval, may require that the applicant modify, alter, adjust, or amend the proposal as the Board deems necessary to the end that it preserve the intent and purpose of this ordinance to promote the public health, safety, morals, and general welfare.

   2.   Required Site Plan and Statistical Information. The request for authorization of a special use permit shall be accompanied by a site plan in compliance with Chapter 175I of this ordinance, as well as, the following information:

      A.   As the uses herein are classified by possessing characteristics of unique and special form making automatic inclusion in the various zoning districts impractical, a brief technical report, prepared by a qualified professional person, which shall outline and illustrate the provisions and methods for the abatement of undesirable effects on the public, which maybe peculiar to the use, such as but not limited to the following:

         (1)   Traffic intensity and control.

         (2)   Excessive lighting.

         (3)   Noise level.

         (4)   Hazardous conditions to spectators, participants, trespassers, or neighboring use.

         (5)   Pollution of air, water, or earth.

      B.   In the event of a special use permit application for a windmill, wind generator, ham radio antenna, radio, personal communication system, cellular telephone, and television transmitters and satellite dish antennas, a site plan shall be submitted to the City that includes: the height of the structure, dimensions of the property, location of the structure on the property, location and approximate height of overhead power or transmission lines, and location of principal and accessory structures on the applicant’s property as well as surrounding properties.

         (1)   Any windmill, wind generator, ham radio antenna, radio, personal communication system, cellular telephone, and television transmitters, satellite dish antennas, or other tower must be located on a lot or property so that if it falls, it will not fall on any neighboring structures which are not owned by the person operating and owning the windmill, wind generator, ham radio antenna, radio and television transmitters, satellite dish antenna, or other tower.

         (2)   In the case of ham radio antennas, there shall be proof of a current ham radio license provided to the Zoning Administrator each year from date on which the special permit was granted by the Board. If such license is not up to date or the use is abandoned for a period of six (6) months, then the provisions of Section 175A.15 shall apply with the two (2) year stipulation not applying as stated in said Section 175A.15 and the owner of record shall bear the cost of removing the structure.

         (3)   Ornamental windmills twelve (12) feet in height or less, or windmills used in pumping water on land being used for agricultural purpose are exempt from this section.

         (4)   Any special use permit request for sand, gravel, or mineral quarries shall require the submittal of a reclamation plan setting forth the reuse of the quarry site after the quarry activity is complete. The reclamation plan shall include a proposed Master Plan for reuse and redevelopment of the quarry site, as well as any water bodies. A performance guarantee may be required by the City.

      C.   In the event a special permit is granted under the terms of this chapter, any such change thereafter in the approved use or site plan shall be cause for submittal of the site plan to be considered in the same manner as the original proposal.

   1.   Authorization for a special use permit shall not be granted if the following conditions are not met.

      A.   Large outside assemblages of more than one hundred (100) people shall not be located less than three hundred (300) feet from any existing dwelling site, not including temporary assemblages on public property for public events.

      B.   Uses shall emit light and noise levels consistent with those found commonly in the district where located.

      C.   Uses involving the large assemblages of more than one hundred (100) people shall not be located in the vicinity where the street system is inadequate to provide for the increased traffic.

      D.   Exterior lighting shall not be located in a vicinity where such lighting would create a glare and be hazardous to air or ground trafficway and such uses shall not be located less than a distance required to reduce the light intensity to normal residential street lighting intensity at any R District boundary.

   2.   The following restrictions shall be complied with:

      A.   Accessory or branch structures and facilities for a public utility or public service, windmills, wind generators, satellite dish antennas over twelve (12) feet in diameter, and towers which require a special use permit and are located within an R, C, TC, PC, or IC District shall be screened from public view by a buffer wall or landscape buffer in accordance with Chapter 175F, if determined by the Planning and Zoning Commission and Board of Adjustment that such use is not compatible with the adjoining uses and zoning.

The party or parties submitting an application for a special use permit shall pay to the City a filing fee in accordance with Chapter 177, Rates and Fees, of this Code of Ordinances.