1. Essential Services. Existing facilities of public and private utilities, railroads and the City, may continue to be operated and maintained in all districts. Certain related new facilities and structures may also be erected, constructed, installed and utilized in all districts. These include buildings, over-head, surface or underground gas, electrical, steam, or water distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, public parking lots, parks, traffic signals, hydrants, towers and poles, railroad switches and signals, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public or private utility, railroad or the City for the public health, safety, or general welfare. However, no new buildings, nor such new structures and uses as substations, railroad lines, generating plants, relay towers, sewage treatment, sanitary landfills and the like, nor any expansion of such existing buildings, structures, and uses by more than twenty-five percent (25%) of the existing size shall be permitted in a district where such use is not allowed as a permitted use, except when so approved by the Board of Adjustment as a conditional use following the procedures contained in Sections 165.83 and 165.84 of this Code.
2. Private Sewage Disposal and Water Supply Systems. Where public sewage disposal or water supply systems are unavailable, there shall be sufficient ground area left unoccupied by structures or paving to allow a proper system of sewage disposal and/or water supply conforming with the applicable standards and requirements of City, County, and State regulations regardless of other provisions of this chapter. Site plans accompanying building permit or certificate of occupancy applications shall clearly show the proposed sewage disposal system and/or water supply system. All such proposed systems shall be subject to approval of the appropriate health and other agencies prior to issuance of a building permit. Coverage of any part of a septic tank field by a building or hard surface shall not be permitted.
3. Temporary Buildings and Structures. Temporary buildings and structures, including mobile homes, that are used for office or storage purposes in conjunction with construction work only, may be permitted on the same lot or one adjacent thereto, in any district during the period that the construction work is in progress but such facilities shall be removed upon completion of the construction work. The City Council may by resolution permit the temporary establishment in a district of a Portland concrete or asphaltic concrete mixing plant in conjunction with the construction of a highway or other large scale project. Such permissions shall contain a termination time and any other conditions deemed necessary and proper to protect surrounding properties. Any temporary buildings and structures permitted by this section need not comply with district yard requirements, but shall be set back from all lot lines and otherwise be located on the property as may be required by the City to reduce any potential safety hazards to vehicles and pedestrian traffic on adjacent public ways, and to also reduce any adverse effects on adjacent properties. However, no permanent structures shall be erected except in conformance with the regulations of the district within which the property is located. Temporary accessory structures shall be permitted in accordance with Section 165.23(9).
4. Restriction on Use of a Residential Lot for Provision of Access to Adjacent Property. No part of any lot located in an R district shall be used for vehicular access purposes to any other property which is located in any district other than an A or R district, or to any other property being used for a purpose not allowed in an A or R district as a permitted or conditional use.
5. Building and Structures Destroyed or Damaged. Any building or structure which is damaged, partially destroyed; or destroyed or reduced by fire, flood, wind, earthquake or other calamity which renders such building or structure unsafe or unsightly shall be reconstructed, repaired, or altered to restore it to a safe and slightly condition. Such restoration shall be started within one year from the date of such destruction, damage or reduction and shall be diligently prosecuted to completion. If such restoration is not made, the residual building or structure shall be removed by the owner thereof at his expense within said one year period and the premises shall be made safe and slightly. If the owner does not comply with said provision, the Zoning Administrator shall give written notice of said requirement to the owner and give the owner ninety (90) days to comply. Upon the owner’s failure to comply with such notice, the Zoning Administrator shall be authorized to cause removal of the premises to a safe and slightly condition and any expense incident thereto shall be paid by the owner.
6. Use of Air Rights. The development of air rights above land located in any district and utilized for public or private use shall be permitted subject to all the requirements of the district within which such development is located. Total development on the lot shall be in accordance with requirements of the district within which it is located.
7. Exceptions to Height Limitations. In those districts where height limitations are imposed, such height limitations shall not apply to the following appurtenances and structures:
A. Church spires
B. Belfries
C. Monuments
D. Ornamental towers and spires
E. Radio, telephone and television antennas, aerials, and relays
F. Chimneys
G. Smoke stacks
H. Flag poles
I. Silos
J. Windmills and Wind Generators
K. Emergency sirens and similar devices
L. Elevator and stairway bulkheads, and air conditioning equipment
M. Water towers and cooling towers
8. Corner Visual Clearance Required. In all districts nothing shall be erected, placed, planted, or allowed to grow on a corner lot in such a manner as to significantly impede vision between a height of two and one-half feet and ten feet above the center line street grades of the area described as follows: that triangular shaped area bounded by the street or road right-of-way line of a corner lot or tract and a straight line joining points on said right-of-way lines, 30 feet from said corner.
9. Manufactured Homes and Mobile Homes.
A. A manufactured home may be located in an approved mobile home park, subject to the provisions of Section 165.16(6) of this Code and Chapter 147 of the Municipal Code, or may be located in any district in which single family dwellings are permitted, subject to all applicable requirements with this Code, and including the following:
(1) Have been manufactured after June 15, 1976, and bear a label certifying compliance with the National Manufactured Home Construction and Safety Standards Act of 1974, and have not been subsequently altered in violation of such standards.
(2) Have met all City required inspection and/or permits required for any dwelling unit and lot, other than for the factory manufactured structure itself which is governed by Federal standards.
(3) Be attached to a permanent foundation and be classified and taxed as real property.
B. A mobile home used for residential purposes, if not meeting the standards and qualifications contained within the definition of a Manufactured Home in this Code, shall be located only in an approved mobile home park subject to the provisions of Section 165.16(6) of this Code and Chapter 147 of the Municipal Code. A mobile home which does meet the Manufactured Home definition’s standards and qualifications shall be classified as a Manufactured Home and be regulated as a single-family dwelling.
10. Tents. No tent or similar structure shall be erected, used, or maintained for human residence. Erection, use, and maintenance of tents and similar structures for other uses shall be subject to the fire prevention regulations and other applicable regulations of the City.
11. Signs. Signs shall be allowed in each district in accordance with the provisions of Chapter 166 of this Code.
13. Flood Plain Regulations. The regulations contained in this Code shall be supplementary to flood hazard and damage prevention regulations adopted by the City Council in Chapter 161 of this Code, the Iowa Natural Resources Council and any other public agency having jurisdiction in this matter. In the event of conflict the more restrictive provisions shall apply.
14. Airport Zone – Height and Use Limitations. The Cedar Rapids Airport Zoning Regulations shall supplement the regulations contained in this Code. All properties contained within the jurisdictional boundaries of the airport zoning regulations, as indicated on the current airport zoning map, shall be subject to the regulations contained in such airport zoning regulations for the Cedar Rapids Airport.
15. Nonconformance Created. Uses or structures lawfully established prior to the effective date of this chapter and rendered nonconforming by the provisions thereof, or by subsequent amendments thereto, may continue subject to the provisions of Section 165.70 of this Code.
16. Single-Family Dwelling Buildings. Any building erected or otherwise established for use as a single-family building after the adoption of this chapter shall meet the following requirements:
A. Have a measured minimum dimension of twenty-four (24) feet for the main body.
B. Have a minimum floor area of six hundred and sixty (660) square feet.
C. Have a continuous and complete frost protected perimeter foundation for the main body.
17. Vehicle Repair and Service Restrictions.
A. Residential Zoning Districts.
(1) Vehicle repair, service or maintenance, when done for compensation, shall be limited to only:
a. Emergency services as defined in Section 165.96(69); and
b. Oil changes, filter replacement, chassis lubrication, adding or removing of fluids, vacuuming interiors, washing windows, windshield wiper blade replacement, washing of vehicles, engine tune-ups limited only to spark plugs and wires, points, distributor cap, and carburetor adjustment.
(2) All persons providing the services described in subparagraph A(1)(b) above shall be required to first register with the Building Department of the City of Hiawatha on forms provided by the Building Official, and at the time of registration also file a copy of any waste oil disposal permit required by the Department of Natural Resources, have a permanent place of business in a commercial or other district authorizing such use, restrict the service and repair activities on all residential lots to a maximum of four consecutive hours to be conducted only between the hours of 8:00 a.m. and 9:00 p.m. on any one day, and shall comply with all the provisions of nuisance laws and the Hiawatha noise ordinance, compliance with this subsection shall not relieve the person providing the service with compliance with all other provisions of applicable federal, State and local laws and regulations.
(3) A property owner/occupant shall be permitted to perform vehicle repair, service or maintenance only upon vehicles owned by him/her, and also only when such vehicle repair, service or maintenance is done on a property owned or occupied by such vehicle owner, and also subject to the following conditions:
a. When outside an enclosed structure, activities shall be limited to washing, lubrication, replacement of tires, filters, fluids, plugs, points, lights, battery, windshield wipers, fuses, spot body repair and spot painting. Once such activities are commenced, the same shall be completed within 48 hours, and shall be limited to only one vehicle during such period of time. Parts, machinery, equipment, fluid, or debris associated with the repair shall be kept within an enclosed structure.
b. When done within an enclosed structure the following activities are permitted: engine rebuilding, repair or replacement of drive train, body and frame components, upholstering, painting, undercoating, repair or replacement of mufflers, tail and exhaust pipes, and similar heavier service and repairs not authorized in subparagraph (3)(a) above.
c. Repair, service and maintenance on a vehicle with a maximum gross weight of 5,000 pounds or more shall be prohibited in a residential zoning district.
B. Commercial Zoning Districts. No vehicle repair, service or maintenance shall be permitted in unenclosed accessory parking facilities or any other unenclosed area in any Commercial Zoning District, except emergency service and repairs defined in Section 165.96(67), and except washing of vehicles. No motor fuel or oil shall be sold in conjunction with any accessory parking facilities provided in C-ORS District. A property owner/occupant of a lot within a Commercial Zoning District, which principal use is residential, will be permitted to perform repair service and maintenance authorized under Subsection 17(A)(3), subparagraphs a. and b., notwithstanding other provisions prohibiting the same.
C. Industrial Zoning Districts. Unless otherwise permitted, no vehicle repair, service or maintenance shall be permitted in or in conjunction with any unenclosed accessory parking facilities or any other unenclosed area in any Industrial District, except emergency service and repairs defined in Section 165.96(69), and except washing of vehicles. A property owner/occupant of a lot within an Industrial Zoning District, which principal use is residential, will be permitted to perform repair, service and maintenance authorized under Subsection 17(A)(3), subparagraphs a. and b., notwithstanding other provisions prohibiting the same.