Hastings City Zoning Code

Nothing in this article shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector.

(Code 1970, § 3.31)

The erection, construction, alteration or maintenance of essential public service equipment shall be permitted in any zoning district. All such uses, except buildings and structures outside the street right-of-way, shall be exempted from the regulations of this chapter.

(Code 1970, § 3.35; Ord. No. 301, § 3(3.35), 2-10-97)

A lot or parcel shall not be devoted to more than one principal use, or contain more than one principal building except for groups of apartment, retail, office or industrial buildings used together as a single principal use or as may otherwise be permitted by this chapter.

(Ord. No. 301, § 3(3.47), 2-10-97)

All dwelling units located outside of mobile home parks shall comply with the following requirements:

1. Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan adequate to illustrate compliance with the requirements of this chapter, shall be submitted to the building inspector. If the dwelling unit is a mobile home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to mobile homes set forth in this section.
2. All dwelling units shall provide a minimum height between the floor and ceiling of 7½ feet; or if a mobile home, it shall meet the requirements of the United States Department of Housing and Urban Development regulations, relating to mobile home construction and safety standards, effective June 15, 1976, as amended.
3. There shall be a minimum width throughout the entire length of the dwelling unit of 24 feet measured between the exterior part of the walls having the greatest length.
4. Dwelling units shall have a minimum roof pitch of four inches to one foot.
5. All dwellings shall be firmly attached to a permanent foundation having the same perimeter dimensions as the dwelling unit and meets the City’s building code requirements.
6. All dwellings shall be firmly attached to the foundation so as to be watertight as required by the building code or, if a mobile home, shall be in compliance with the United States Department of Housing and Urban Development regulations relating to mobile home construction and safety standards, and installed to meet the manufacturer's specifications for pillar placement and load capacity.
7. The wheels, pulling mechanism, and tongue of any mobile home shall be removed prior to placement on a foundation.
8. All dwellings shall be connected to a sewer system and water supply system in accordance with applicable city ordinances.
9. For all dwelling units where there exists an elevation differential of more than one foot between any door and the adjacent grade, steps, a porch or deck shall be provided as follows:
   1. The steps, porch or deck shall be permanently attached to the dwelling unit; or
   2. The steps, porch or deck shall be permanently installed in the ground and shall abut the dwelling unit so that they appear to be permanently attached to the dwelling unit.
10. All dwellings shall provide a minimum of two points of ingress and egress.
11. All additions to dwellings shall meet all the requirements of this article.
12. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides or roof drainage systems, concentrating roof drainage at collection points along sides of the dwellings. The compatibility of design and appearance shall be determined in the first instance by the building inspector upon review of the plans submitted for a particular dwelling. An appeal by an aggrieved party may be taken to the zoning board of appeals. Any determination of compatibility shall be based upon the standards set forth in this section as well as the character, design and appearance of residential dwellings located outside of mobile home parks within 300 feet of the subject dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
13. A private garage, either attached or detached, shall be constructed in conjunction with any dwelling unit except apartment buildings built after the effective date of the ordinance from which this section was derived in order that such dwellings will compare favorably with existing dwellings in the city. Further, all dwelling units constructed after the effective date of this section shall install a driveway paved with asphalt or concrete, which shall connect the garage with the public street abutting the site.

(Code 1970, § 3.49A; Ord. No. 362, § 1, 11-25-02)

Home occupations are permitted in any zone. A home occupation is any use that:

1. Is conducted entirely within a principal residential building without being visible or evident in any way from the street or from any neighboring premises.
2. Does not change the character of the building in which it is conducted and does not constitute, create or increase a nuisance.
3. Is carried on only by the inhabitants of the building in which conducted plus not more than one person who is not such an inhabitant.
4. Employs only mechanical equipment similar in power and type usual and permissible for household purposes and hobbies and does not affect the insurance rates on premises other than where employed.
5. Displays no sign not permitted in the zone where conducted and specifically displays no signs that relate to such occupation.
6. Provides off-street parking as required by section 90-916 et seq.
7. Devotes not more than 50 percent of the floor area of one story of the building to such home occupation, and does not involve keeping a stock in trade or the sale of commodities on the premises.
8. Conforms to all district requirements.

(Code 1970, § 3.154; Ord. No. 301, § 3, 2-10-97)

1. Any owner or lessee of a recreational vehicle may park or store such vehicle in any zoning district, subject to the following:
   1. Such recreational vehicle shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area.
   2. If such recreational vehicle is equipped with liquefied gas containers, such containers shall meet the standards of the Interstate Commerce Commission, the Federal Department of Transportation, or the American Society of Mechanical Engineers.
   3. At no time shall such parked recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes except as provided in subsection (4) of this section.
   4. In any residential district it shall be lawful for only nonpaying guests at a residence to occupy one recreational vehicle, parked subject to the provisions of this section, for sleeping purposes only for a period not exceeding 72 consecutive hours. The total number of days during which recreational vehicles may be occupied under this subsection shall not exceed 14 in any calendar year on the premises of a dwelling unit.
   5. A recreational vehicle may be parked in the following manner:
      1. Inside any enclosed structure.
      2. Outside in the side yard or in the rear yard, but under no circumstances shall the recreational vehicle be located closer than two feet to any side or rear lot line.
      3. Parking of recreational vehicles is permitted in front driveway or an area adjacent to the driveway provided all of the following conditions are met:
         1. Space is not available in the side yard, or there is no reasonable access to either the side or rear yard (a lot shall be deemed to have reasonable access to the rear yard if terrain permits and access can be had without substantial damage to existing large trees or landscaping; a corner lot shall normally be deemed to have reasonable access to the rear yard);
         2. Inside parking is not possible;
         3. The recreational vehicle may not extend over the public sidewalk or publicly owned right-of-way; and
         4. The unit is parked perpendicular to the front curb.
2. Notwithstanding the provisions of subsection (a), a unit may be parked anywhere on the premises during active loading or unloading for a time period not to exceed 24 hours. Use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

(Code 1970, § 3.157; Ord. No. 301, § 3, 2-10-97)

1. The height requirements of all zones may be exceeded by the following exceptions: parapet walls not over four feet in height, chimneys, silos and farm barns, roof-mounted television and radio antennas, monuments, cupolas, domes, spires or other ornamental projections, additions to existing buildings up to the existing height of the building, or public water towers.
2. In the industrial zones, stack chimneys, cooling and fire towers, elevator buildings and bulkheads, storage tanks and other necessary appurtenances are permitted provided they are located the same distance as their height from any adjoining property line.
3. In the B1, B2, B3, and D2 zoning districts, buildings may be allowed to exceed the height limitations of these zoning districts if permitted as a special land use by the planning commission in accordance with the procedures and standards of article XIII and section 90-1091.

(Code 1970, § 3.44; Ord. No. 471, § I, 2-27-12)

Outdoor boilers are prohibited in all zoning districts. For purposes of this section an outdoor boiler is considered to be an accessory structure consisting of an above ground metal chamber or furnace in which wood is burned to heat water which is piped underground to provide heat for a house or building on the same property.

(Ord. No. 370, § 1, 7-28-03)

A medical marijuana dispensary as defined herein shall not be commenced, conducted, operated, or utilized in any zoning district or on or from any property within the City of Hastings.

(Ord. No. 460, § II, 10-26-10)

1. Prohibition. Pursuant to Section 6.1 of the Michigan Regulation and Taxation of Marihuana Act, the City of Hastings hereby prohibits the establishment or operation of any and all categories of marihuana establishments within its boundaries.
2. Expiration. Unless the City of Hastings acts to reverse the prohibitions enacted herein, this Section and the prohibitions contained herein shall remain in full force and effect.
   

No lot in single ownership, and no yard, court, parking area or other space shall be so divided, altered or reduced to make the area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, the area or dimension shall not be further divided or reduced.

(Code 1970, § 3.33)

In any zone other than the central business district on any corner lot, no fence, structure or planting over 36 inches in height above the curbline except deciduous trees shall be erected or maintained within 20 feet of the intersecting right-of-way line so as to interfere with traffic visibility across the corner. No structure or planting deemed a traffic hazard by the chief of police shall be permitted in any zone.

(Code 1970, § 3.34; Ord. No. 301, § 3(3.34), 2-10-97)

A building, dwelling unit or structure shall be erected only on a lot or parcel which abuts or has frontage on a public street in accordance with the lot width requirements for the zoning district in which it is located except that private roads may be allowed within a site condominium development.

(Code 1970, § 3.36; Ord. No. 301, § 3(3.36), 2-10-97)

The following regulations shall apply to corner lots in all zoning districts:

1. A corner lot bounded by two intersecting streets shall have two front yards, a rear yard and a side yard. The owner, builder or other person with a legal interest in the property may, after consulting with the zoning administrator, designate which is the rear yard and which is the side yard.
2. For a corner lot bounded by three intersecting streets, the lot shall have three front yards, and the remaining yard shall be a rear yard.
3. The minimum front yard requirements for a corner lot shall conform to the requirements of the zoning district in which the lot is located.
4. A principal or accessory building on a corner lot to be located within 25 feet of the side lot line of an adjoining lot shall adhere to the front yard requirement for that adjoining lot.
5. A detached or attached garage serving a principal building on a corner lot shall be set back a minimum of 25 feet from each front lot line to allow adequate off-street parking space and to reduce the likelihood of vehicles parking over sidewalk.

(Code 1970, § 3.40; Ord. No. 301, § 3(3.40), 2-10-97)

The following yard encroachments shall be permitted under the provisions of this chapter:

1. Certain architectural features such as cornices, eaves, gutters, chimneys, pilasters, and similar features may project no more than two feet into required front, side and rear yards.
2. An unenclosed porch, deck or awning may project into the required rear yard area for a distance not to exceed four feet and into the average front yard for a distance not to exceed four feet; but in no case shall the unenclosed porch, deck or awning be closer than 20 feet from the front lot line. The average front yard shall be determined as set forth in section 90-808. An unenclosed porch, deck or awning shall not be placed in any required side yard.
3. The minimum setback and yard requirements for structures, attachments, and permitted encroachments for the zone in which they are located shall apply to access ramps to be used by individuals with physical disabilities (hereinafter referred to as "access ramps") whenever possible. If, in the opinion of the zoning administrator, the required setbacks prevent the access ramp from being constructed so that it can be reasonably used, the zoning administrator shall have the discretion to allow reductions in the setback requirements so that the access ramp can be constructed in a manner to allow it to be usable. In no case shall the access ramp be closer than five feet from the front yard lot lines and three feet from the side and rear lot lines. The zoning administrator will allow only the minimum deviations from the minimum setback requirements necessary to reasonably permit construction of the access ramp and to ensure the safety of the public, and shall issue a permit documenting his/her findings related to the need for and extent of any reduction(s) in the required setback(s). Access ramps shall comply with all city building code requirements as well as all applicable state and federal regulations applying to such access ramps.

(Code 1970, § 3.49B; Ord. No. 484, § II, 6-11-12)

The building setback shall be determined by measuring the distance between a lot line and the nearest wall of an existing or proposed building excluding steps, unenclosed porches, and decks.

(Code 1970, § 3.49C)

In all zoning districts, the required front yard shall be measured from the lot line that abuts an existing, proposed or future right-of-way line as specified by the state department of transportation or the city's master plan, whichever is more restrictive. The required front yard shall be the distance required for the zoning district in which the building or structure is to be located.

(Ord. No. 301, § 3(3.49D), 2-10-97)

Where the front yard for existing buildings is less than the minimum required front yard of this chapter, the minimum front yard for a proposed building shall be the average of the front yards for those existing buildings on the same block and on the same side of the street. There shall be at least two existing buildings on the same block in order to establish an average front yard, otherwise the required minimum yard for the zoning district shall apply. In no case shall the front yard be less than 20 feet.

(Ord. No. 301, § 3(3.49E), 2-10-97)

A model home shall be permitted in all residential zoning districts as regulated by this section.

1. A model home means and shall be limited to a dwelling used as a place to show prospective customers the type of dwelling which could be built in the plat or other land development in which the model home is located. A model home may be used for discussing the purchase and sale of dwellings or lots, as a place for meeting and greeting customers for houses or lots and as a place for signing papers in connection with the purchase and sale of dwellings or lots.
2. A model home shall not be used as a principal business address for a general real estate office or other kind of office. Transactions occurring in the model home shall include only those which pertain to the dwellings or lands within the plat or land development area in which the model home is located.
3. A model home may be operated at different locations within the plat or land development area but only one model home may be permitted at any time.
4. A model home shall have a paved or asphalt driveway and a lawn installed prior to its use and shall also provide a location for a future garage door for vehicles. The architecture and appearance of model homes shall otherwise be substantially similar to other dwellings in the immediate vicinity.
5. A model unit shall be permitted to display one sign denoting its use as a model unit. Such sign shall not be more than six square feet in area or more than four feet in height and shall be setback a minimum of ten feet from all lot lines. The sign shall be removed upon the conversion of the model unit to a dwelling. Pennants, streamers and banners for a model home in the RR, RS, R1, R2 and RD zoning districts are prohibited. All other signs are regulated by article 11 of the zoning ordinance.
6. The model home shall not be open earlier than 9:00 a.m. nor later than 8:00 p.m.
7. A model home shall at all times comply with the City of Hastings building code and other applicable city ordinances.
8. A dwelling shall be used as a model home for not more than two years from the date it is first commenced to be so used. Such date of commencement shall be deemed to be the date of issuance of a certificate of occupancy for the model home. A dwelling shall not be used as a model home until a certificate of occupancy, under the city building codes, shall have been issued. An extension of up to two years may be granted by the planning commission provided the applicant or owner demonstrates a need for the continued use of the model home.

(Ord. No. 339, § I, 12-10-01)

According to Section 380.1263 of the Revised School Code for the State of Michigan, the enlargement of an existing public school building or facility and the construction of a new public school building or facility are not subject to the site plan review requirements, the district regulations, and supplementary district regulations of this zoning ordinance.

However, public school officials may voluntarily submit site plans for such projects to the planning commission for administrative review. The planning commission, in its review of the project, may provide comments on the site plan pertaining to the district regulations of the zoning district in which the project is located, the general standards for site plan review in section 90-131 of this ordinance, the impact of the project on vehicle and pedestrian safety, storm water management, and compatibility with nearby land uses, as well as the relationship of the project to other applicable city ordinances.

The comments of the planning commission are advisory only and are not binding on the proposed school project.

(Ord. No. 539, § 1, 12-27-16)

1. General regulations. The following regulations shall apply to accessory buildings in all zoning districts.
   1. An accessory building may be erected detached from the permitted principal building or as an integral part of the permitted principal building. When erected as an integral part of the permitted principal building, it shall comply in all respects with the requirements of this section applicable to the permitted principal building.
   2. The distance between the detached accessory building and any principal building shall not be less than ten feet. The distance between any detached accessory buildings on the same lot shall not be less than six feet.
   3. An accessory building shall not be built upon any lot on which there is no principal building or structure.
   4. No accessory building, nor any structure which exceeds a height of 36 inches, shall be erected in any required front yard.
2. Accessory building setbacks.
   1. Front setback. In all zones the minimum required front setback shall be the same as required for the principal building.
      A detached accessory building may be located between the minimum required front setback and the principal building provided the accessory building is setback from the side lot line the same distance as required for the principal building.
   2. Side setback. Except as required by subsection 90-831(d), the side setback in all zones shall be the same as the minimum required side setback for the principal building except for accessory buildings in residential zones which are 60 feet or more from all right-of-way lines then the minimum required setback shall be three feet from the side lot lines.
   3. Rear setback. Except as required by section 90-831(d), the rear setback for accessory buildings shall be as follows:
      1. In residential zones, the minimum required setback from the rear lot line shall be three feet.
      2. In nonresidential zones the minimum required setback from the rear lot line shall be the same as required for the principal building.
3. Corner lots.
   1. For accessory buildings on a corner lot, the setback from the front lot line shall comply with section 90-804.
   2. Where a corner lot adjoins in the rear of another corner lot, a detached accessory building may be erected three feet from such common rear lot line if all portions of such building are located within the furthest quarter of the lot from the street lines except as may be required by subsection 90-831(d). _____
4. The following regulations shall apply to residential accessory buildings.
   1. Residential detached accessory buildings shall comply with the following:
      
      

      Zoning District	Max. Size of a Bldg.	Max. Total S.F. of All Bldgs.	Max. Bldg. Peak	Minimum Setback
      R2, R-D, R-M, A-1, A-O, A2, O	900 s.f.	1,100	14' w/10' sidewall	As per subsection 90-831(b)
      R1 and R1-A	900 s.f.	1,100	16' w/10' sidewall	Front setback—Per subsection 90-831(b)(1) Side and rear—Min. of 10 ft. for buildings higher than 14 ft.
      For lots in the R1, R1-A, and R-2 Zones which exceed both the minimum lot area and minimum lot width requirements of that zone.	10% of total lot area up to a maximum building size of 1200 s.f. R-2 zoned lots are still permitted to have a 900 s.f. building if the lot is equal to or less than 9,000 s.f.	1500 s.f.	No height limitation but the roof slope (pitch) of accessory buildings shall closely match, but not exceed, the roof slope of the principle structure.	Front setback—Per subsection 90-831(b)(1) except that the accessory building shall not be located between the minimum required front setback and the principal building. Side and rear—Min. of 10 ft. for buildings higher than 14 ft.
      R-S, R-R	1200 s.f.	1500 s.f.	18' w/12' sidewall	Front setback—Per subsection 90-831(b)(1) Side and rear setback are a minimum of the height of the accessory building.

   2. For buildings accessory to active farm operations, no maximum building size shall apply. Such accessory buildings shall comply with all required building setbacks.
   3. A lot shall not contain more than two detached accessory buildings.
   4. Carports and detached garages for multiple family and senior housing are exempt from the requirements of section 90-831(d)(1) and (3) except that the carport and detached garage must comply with the height and setback requirements of these sections.

(Code 1970, § 3.37; Ord. No. 301, § 3(3.37), 2-10-97; Ord. No. 320, § I, 7-26-99; Ord. No. 358, § II, 10-14-02; Ord. No. 508, § I, 1-27-14)

The use of a basement or the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones.

(Code 1970, § 3.42)

1. Permitted. In all zoning districts, the installation and/or use of private communication antennas as an accessory use is permitted provided the provisions of this section are satisfied.
2. Intent. It is the intent of this section to provide reasonable regulations for the mounting of private communication antennas. The objectives of these regulations are:
   1. To promote safety and prevent dangers to persons and property resulting from accidents involving antenna facilities that become dislodged in whole or in part, and fall from building structural mountings due to wind load, snow load, and/or other factors and/or conditions that may reasonably be expected to impact upon such facilities when so mounted;
   2. To promote the utilization of ground mounting for antennas where reasonably feasible;
   3. In the interest of maintaining and promoting the aesthetic and architectural quality of property values, to minimize the visibility of antennas through the use of locational requirements;
   4. To balance the city's authority and duty to regulate the placement and manner of antenna installation in relation to the right of the public to construct and use private antennas to receive and/or transmit signals without unreasonable restrictions;
   5. To conditionally exclude from the operation of this section certain criteria of subsection (d) of this section based upon the following findings:
      1. There is relatively small concern for wind and snow load issues;
      2. There has been a long demonstrated safety record;
      3. There has been an historical acceptance of such facilities from an architectural and aesthetic standpoint; and
      4. The cost of compliance with the procedure for application and review would be great in relation to the cost of purchasing and installing such antennas.
3. Requirements. Prior to the issuance of a permit for the erection of a private communication antenna in any zoning district, the following provisions must be satisfied:
   1. The applicant shall submit a site plan, showing to scale the proposed location and the elevation of the antenna, building located on the site, roads, and natural features. In addition, the site plan shall also provide foundation and/or mounting detail as appropriate for the building inspector to determine safety and building code compliance.
   2. No portion of an antenna shall display any advertising message or other graphic representation other than a manufacturer's logo or nameplate.
   3. All antennas located shall be on the same lot or premises as the use for which it is necessary. No antennas are to be allowed on public property or in the public streets right-of-ways.
   4. All antennas shall be of a color and texture so as to promote its visual blending into the adjacent background.
4. Location of antenna.
   1. Ground-mounted antennas.
      1. No ground-mounted antenna shall be constructed in any front yard area but shall be constructed to side or rear of the principal structure.
      2. Ground mounted satellite dish antennas under one meter (39.37 inches) shall be allowed in the front yard, but shall be setback a minimum of 20 feet from the front yard property lines.
      3. No ground-mounted antenna shall be located closer than its height to a rear or side property line.
      4. All ground-mounted antennas not mounted on a principal or accessory building shall be permanently anchored to a foundation located on the ground.
      5. No ground-mounted satellite dish antenna shall exceed a height of 12 feet or a diameter of ten feet. Conventional noncommercial radio and television antennas and amateur radio antennas shall not exceed the building height limitation of the zoning district.
   2. Roof-mounted and/or building-mounted antennas.
      1. Antennas mounted on the roof or side of a building shall not exceed the height limitation for the district, and no satellite dish antenna shall extend higher than five feet above the ridge or peak of the building roof.
      2. An antenna mounted on the roof or side roof of a building shall be located on that portion of the building located adjacent to the rear of the property unless it is demonstrated that an alternative location is as safe or safer and the visibility of the antenna from the adjacent properties and by pedestrian or vehicular passersby is reduced or equal in comparison to a rear yard orientation/location. Satellite dishes under one meter (39.37 inches) shall be exempt from this regulation.
   3. Maintenance. All antennas shall be well maintained, securely attached to a structure and shall not be allowed to become unsightly in appearance.
5. True hardship or practical difficulty. In regulating satellite dishes under one meter (39.37 inches) if a true hardship or practical difficulty exists on a particular lot or parcel of land such that compliance with the provisions of this ordinance is impossible because satellite sight lines are blocked, then a waiver may be granted by the zoning administrator to the extent necessary to permit reasonable reception, after consideration of the following factors and standards:
   1. A showing of true hardship or particular difficulty;
   2. The safety of the property owner and the surrounding property owners;
   3. The waiver shall be the minimum necessary to afford relief to the applicant;
   4. "Reasonable reception," as used in this section, does not mean perfect reception from each satellite service provider.
   5. Conditions may be attached to the granting of a waiver, which are in the best interest of the health, safety, and welfare of the community.
   6. Under no circumstance shall any satellite dish antenna or mounting device be located closer than five feet from any front property line or sidewalk.
6. Conditional exemption. Conventional VHF and/or UHF television antennas that have width and height dimensions of not more than 135 inches and ten feet, respectively, that are situated on the portion of the roof adjacent to the rear yard on the property, and that do not extend higher than eight feet above the ridge and/or peak of the roof or the maximum height limitation in the zoning district shall be exempted from the requirement of applying for and receiving approval under this section.
7. Interpretation guidelines. The provisions of this section will be interpreted to carry out the stated objective of this section and shall not be interpreted so as to impose costs upon the applicant that are excessive in light of the purchase and installation cost of the antenna and accessory equipment.

(Code 1970, § 3.49; Ord. No. 301, § 3(3.49), 2-10-97; Ord. No. 421, § I, 9-22-08; Ord. No. 456, § I, 3-22-10)

Churches may be allowed to utilize an existing building that is being used for a permitted use within that zoning district. The following conditions shall apply:

1. The church operation shall utilize the existing building no more than two days per week.
2. Sufficient parking shall be provided on the site to serve the church.
3. The church shall not operate during the same hours as the existing use.
4. A sign may be placed on the building or the lot but only during the time when church services are conducted.
5. The church shall not be established within an occupied or unoccupied dwelling.
6. The church use shall not utilize a vacant building unless a special land use is obtained as required by this chapter.

(Ord. No. 301, § 3(3.49K), 2-10-97)

1. The keeping of household pets, including dogs, cats, fish, birds, hamsters, nonpoisonous spiders, snakes and reptiles and other animals generally regarded as household pets is permitted as an accessory use in any district.
2. No more than three dogs or three cats or any combination thereof totaling three that are six months of age or older shall be kept in a dwelling unit in any residential district.
3. The keeping or sale of pigeons having free access outside their cages, the keeping of poultry, pigs, hogs, wild animals, horses, donkeys, mules, other species of equine, cows, oxen, and other species of bovine, sheep, goats, geese, turkeys and other species of fowl is prohibited in all districts except for farm animals as may be permitted in the rural residential district.
4. The keeping of chickens is allowed as an accessory use to an owner-occupied single-family dwelling in any residential district, except the R-R District where it is allowed by Sec 90-237 (b), subject to the following requirements:
   1. The keeping of chickens shall be done on a noncommercial basis and be exclusively used by the people occupying the property as a locally grown food source for the consumption of eggs or meat.
   2. A maximum of four chickens are allowed per lot if the lot is 1/2 acre or less in area; a maximum of five chickens are allowed per lot if the lot is 1/2 to one acre in area; and, a maximum of six chickens are allowed per lot if the lot is over one acre in area. Roosters are prohibited.
   3. Chickens shall be provided with a covered enclosure (coop) and must be kept in the coop or an adjoining fenced enclosure (run) at all times. The coop and run are not subject to the accessory building standards established by Sec 90-831 but shall meet the following requirements:
      1. The coop and run shall be located in the rear yard and shall be located no closer than 10 feet to any property line and no closer than 40 feet to any residential dwelling on an adjacent property.
      2. The coop and run shall not exceed 8 feet in height or 100 square feet in total area.
      3. The coop shall be constructed in such a way as to prevent rats, mice, or other rodents or vermin from being harbored underneath or within the walls of the enclosure.
      4. The coop and run shall be completely enclosed with a top and/or cover and shall be constructed in a workmanlike manner. The use of tarps, fabric, rubber, paper, cardboard, or similar materials is prohibited.
   4. All feed and other items associated with the keeping of chickens likely to attract rats, mice, or other rodents or vermin shall be secured and protected in sealed containers.
   5. The enclosed areas where the chickens are kept shall be maintained in a clean and neat manner at all times. The keeping of chickens is subject to the City of Hastings Code of Ordinances pertaining to noise, odors, dust, fumes, sanitation and health or other comparable nuisances to ensure the public health, safety and welfare.
   6. The outdoor slaughtering of chickens is prohibited.
   7. Any person who keeps chickens in the City of Hastings shall obtain a permit from the City prior to acquiring the chickens. Application shall be made to the City Clerk and the fee for the permit shall be as determined by Council resolution.
      
      Prior to the issuance of a permit, there shall be an inspection of the proposed site by the City to determine compliance with the requirements of this Ordinance. A permit shall not be issued until all requirements are met.
      
      Permits expire and become invalid five (5) years after the date of issuance. A person who wishes to continue keeping chickens shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
      If the above requirements are not complied with, the City may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation.
      

Ord. No. 301, § 3(3.49J), 2-10-97)

A temporary storage enclosure, as defined by Section 90-1, shall meet the following requirements:

1. A temporary storage enclosure shall not be erected on any lot on which there is no principal building or structure.
2. A temporary storage enclosure shall be subject to the accessory building size, height and setback regulations set forth in Section 90-831 (d)(1), except a temporary storage enclosure shall not have a floor area or ground coverage footprint greater than 200 square feet.
3. A lot with an accessory building shall be allowed one temporary storage enclosure. A lot without an accessory building shall be allowed up to two temporary storage enclosures.
4. A temporary storage enclosure shall not be utilized for living or sleeping purposes.
5. All temporary storage enclosures shall be maintained in good condition. Any torn or damaged covering shall be promptly repaired.
6. The covering material shall be transparent or a neutral color so as not to be visually obtrusive.
7. The temporary enclosure shall be securely anchored so as to avoid damage or movement by the wind.
8. Upon a finding by the Zoning Administrator that an existing temporary storage enclosure no longer remains in a condition in accordance with the requirements of this section, removal of the temporary storage enclosure shall be required.

Seasonal screen houses, seasonal gazebos, and camping tents are exempt from these regulations as long as they are not being used for storage.

(Ord. No. 434, § I, 12-22-08)

This division shall apply to fences, walls or landscape screens in all zoning districts.

(Ord. No. 301, § 3(3.43), 2-10-97)

Before a fence or wall is erected, constructed or installed, a permit shall be obtained from the zoning administrator. An application for a fence permit must include a drawing showing the location type, height and materials of the fence or wall to be constructed and other information the zoning administrator requests to determine that the proposed fence or wall will comply with the provisions of this section.

(Ord. No. 301, § 3(3.43(1)), 2-10-97)

Any fence or wall presently in existence shall not be enlarged, altered or reconstructed until a permit is obtained in the manner provided for in section 90-857.

(Ord. No. 301, § 3(3.43(2)), 2-10-97)

1. Front yard.
   1. A fence, decorative or protective wall or landscape screen may be located within a front yard but shall not exceed a height of three feet, except as follows:
      1. In the B-1, central business district, and B-3, downtown edge district, a fence, decorative or protective wall or landscape screen with a height not exceeding six feet may be located in the front yard.
      2. In the B4 and B5 districts, a fence, decorative or protective wall or landscape screen with a height not exceeding six feet may only be located in the front yard if approved by the planning commission with due consideration given to pedestrian and vehicle visibility and safety as well as if such fence, wall or screen is compatible with the character of the immediate area.
   2. For a corner lot which has more than one front yard, a fence, decorative or protective wall which is no more than six feet high may be placed within the secondary street front yard provided such fence, decorative or protective wall is set back the minimum distance required for corner lots for that zoning district. The zoning administrator shall determine which is the secondary street. Such fences, decorative or protective walls shall be subject to the clear vision requirements.
   3. All fences, decorative or protective walls, or landscape screens must be set back a minimum of one foot from the front lot line or two feet from a sidewalk, except in the B-1 (central business district).
2. Side and rear yards. A maximum height of six feet is permitted except in industrial zones, where the maximum height shall be ten feet.
3. Visibility. A fence, decorative or protective wall or landscape screen shall comply with the requirements of section 90-802.

(Ord. No. 301, § 3(3.43(3)), 2-10-97; Ord. No. 303, § 1, 9-22-97; Ord. No. 324, § I, 10-25-99; Ord. No. 398, § 1, 7-25-05; Ord. No. 523, § I, 4-27-15)

1. Any fence, decorative or protective wall, or landscape screen shall be of uniform design, construction and appearance, and sturdily constructed to withstand normal weather conditions. The method of construction and type of materials and design shall be of a kind normally and customarily associated with the uses permitted in the zoning district in which it is located. Woven wire or chain link fences with plastic, metal, or wood slats or inserts, shall not be permitted.
2. In the B-1 (central business district) and the B3, B4 and B5 districts, fences made of barbed wire, woven wire, chain link, any other non-decorative metal or naturally degradable material, and wood are prohibited. Decorative or protective walls shall be constructed of brick or other decorative masonry, wrought iron, or other similar visually attractive low maintenance material.
3. All fences, decorative or protective walls and landscape screens shall be constructed and maintained so as not to become a visual nuisance, or pose a safety hazard to nearby residents, passerby, or the general public. All fences, decorative or protective walls in the B1 (central business district) shall be architecturally compatible with the building on the property in which it is located, and surrounding buildings.

(Ord. No. 301, § 3(3.43(4)), 2-10-97; Ord. No. 398, § 2, 7-25-05; Ord. No. 523, § II, 4-27-15)

1. All fences, and decorative or protective walls shall be erected so that the finished face of the fence, decorative or protective wall faces outside the property.
2. Fences parallel to one another shall be prohibited unless special provision is made to specifically provide the proper maintenance of both fences, including but not limited to adequate distances between fences and construction design details.
3. Gates in fences, or decorative or protective walls shall not open over public property, into alleys, or over adjoining properties.
4. A fence shall not be constructed or maintained that is charged or connected with an electrical current.
5. Barbed wire fences are prohibited in all zoning districts, except in the industrial district the use of barbed wire strands is permitted provided the strands are at least eight feet above the bottom of the fence.
6. Essential services structures and buildings such as electrical substations may be protected by a fence up to ten feet in height with barbed wire strands located at least eight feet above the bottom of the fence.
7. Fences higher than permitted by the zoning district may be permitted by the planning commission if it is demonstrated that such fences is necessary for public safety or proper screening, or is necessary for the proper operation of the principal use.
8. All vertical support members for a fence shall not exceed the maximum permitted fence height by more than four inches.
9. A fence, decorative or protective wall or landscape screen shall not be constructed within or over any public right-of-way.
10. In the B-1 (central business district) when a fence, decorative or protective wall or landscape screen abuts or is immediately adjacent to a sidewalk, alley, street right-of-way, or building, that portion of the fence, decorative or protective wall or landscape screen, which is more than three feet above the sidewalk, shall be at least 75 percent open.

(Ord. No. 301, § 3(3.43(5)), 2-10-97; Ord. No. 398, § 3, 7-25-05)

1. Where it can be demonstrated that a temporary fence is necessary to protect trees and plants from damage caused by animals or weather, the zoning administrator may allow such fences to be erected only during the months of November through April in any zoning district.
2. Such fences may consist of flexible material commonly used on construction sites or similar fencing material which shall not be permanently attached to the ground, a building, or other structure so it can be easily removed. Such fence shall not be placed in the right-of-way and shall not create a visual obstruction for pedestrians or drivers. Such fence, in the opinion of the zoning administrator, shall not be a safety hazard or be so unsightly as to be a visual nuisance.
3. The wrapping or covering of trees, shrubs and other vegetation with protective material or containers where such materials and containers are not supported by posts or other similar independent structures is not considered to be a temporary fence and shall not be subject to approval of the zoning administrator.

(Ord. No. 457, § I, 3-22-10)

The storage, collection or placing of discarded material, building materials, inoperable motor vehicles or unprotected metals is prohibited in all yards in any residential district.

(Code 1970, § 3.46; Ord. No. 301, § 3(3.46), 2-10-97)

The outdoor storage, parking, display, accumulation or placing of material, waste, machinery, vehicles in inoperable condition, unlicensed vehicles, boats not properly stored on a licensed boat trailer (not including small, non-motorized craft such as kayaks or canoes), equipment, furnishing, or the parts thereof, whether new or used, is prohibited on any residentially zoned or used lot unless located in the rear yard and then only if screened from the view of any adjoining property or a public street. This shall not be deemed to include children's play or recreational equipment in good repair or other equipment or structures customarily essential and accessory to a residential use.

(Code 1970, § 3.158)

1. General requirements. All driveways, including tapers and approaches, shall be located within the limits of the side lot lines extended to the centerline of the roadway except for shared driveways as permitted by this section.
2. Residential driveways.
   1. 1. A lot or parcel containing a single-family dwelling shall have only one driveway. Two driveways may be permitted for a circle drive on the lot or parcel, but only if the lot or parcel has 80 feet or more of frontage on the street.
      2. One additional driveway may be allowed for every 70 feet of frontage that is in excess of 100 feet of lot frontage.
   2. Driveways serving a lot containing a single-family or two-family dwelling shall be a minimum of 45 feet from a driveway on another lot as measured between the centerline of each driveway. The zoning administrator may permit driveways closer together if it can be demonstrated that there is some feature peculiar to the lot or street or the location of an existing driveway prevents or makes it difficult to comply with the 45-feet spacing requirement.
   3. Dwellings constructed after the effective date of the ordinance from which this section was derived shall be served by a driveway paved with asphalt or concrete that shall connect the garage or parking space with the street.
   4. The maximum width of a driveway serving a single-family or two-family dwelling shall be a minimum of 12 feet and a maximum of 24 feet as measured at the property line.
   5. 1. For lots containing single-family and two-family dwellings where the dwelling is more than 150 feet from the edge of the street, the fire chief shall review the driveway and make recommendations to require, to the extent possible, that the driveway be constructed so the dwelling can be provided adequate fire protection.
      2. For driveways that cross a ditch, natural drainage course or other body of water, the fire chief shall approve the crossing to ensure it is capable of accommodating emergency vehicles.

(Ord. No. 301, § 3(3.48), 2-10-97)

1. Private swimming pools are permitted in all residential districts, provided all of the following regulations are complied with:
   1. The pool shall be equipped with filtration, circulation, clarification and chlorination systems adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the city.
   2. The discharge pipe leading from any private swimming pool shall not exceed two inches in diameter, and the discharge pipe of all such pools shall be composed of galvanized iron, or such other standard and durable material as may be approved by the director of public services. No private swimming pool shall be wholly or partially emptied in any manner that will cause water to flow upon the premises of another, and no private swimming pool shall be wholly or partially emptied upon any land if a storm drain is readily accessible to the premises on which the pool is located. No private swimming pool shall be wholly or partially emptied into any sanitary system.
   3. No public water shall be used in connection with the operation of any private swimming pool during any time when restrictions are imposed upon the use of public water.
   4. 1. Every person owning land on which there is situated a swimming pool, which contains 24 inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. Such enclosure, including gates, shall not be less than four feet above the underlying ground. All gates shall be self-closing and self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.
      2. A natural barrier or other protective device may be approved by the building inspector as long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described in this section.
   5. The wall of the swimming pool shall not be closer than ten feet to any side or rear lot line of the premises, provided on corner lots no part of any pool shall be constructed within the front yard of either street. Any walkway or deck adjacent to a pool shall be at least six feet from any side or rear lot line. No part of this walkway shall be placed within the front yard if on a corner lot.
2. The provisions of this section shall apply to any basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation; however, this section does not apply to any plastic, canvas or rubber pool temporarily erected upon the ground, holding less than 300 gallons of water.

(Code 1970, § 3.155; Ord. No. 301, § 3, 2-10-97)

1. In any R district, (R-R, R-S, R-1, or R-2) a parcel that has frontage upon a state highway, as designated on the city's official street systems map, may be used for a two-family dwelling, subject, however, to the following provisions:
   1. That such dwelling shall have the exterior appearance of a one-family dwelling.
   2. That such dwelling shall not have more than one entry in the same plane on any front or side wall of the dwelling.
   3. Newly constructed two-family dwellings shall have a garage for each unit, and no garage shall be placed between the dwelling units.
   4. The two-family dwelling unit shall be built according to the lot size, lot width, setback, unit size and other required conditions for the R district in which the two-family dwelling is to be located.
2. If the city building inspector questions the suitability of a proposed design, the building inspector may refer the elevation and plot plans to the planning commission for its approval prior to granting a building permit.

(Code 1970, § 3.159; Ord. No. 301, § 3, 2-10-97)

1. Definition. A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. This term shall not include roll-off waste containers or storage containers having storage capacity of less than 150 cubic feet. (Example of a roll-off waste container, yard waste, refuse and debris containers, or open/unclosed containers).
2. General requirements. Portable storage containers located outside of a fully enclosed building or structure shall be located only in residential zoning districts, subject to the following restrictions:
   1. In residential districts, no more than one portable storage container shall be allowed on a lot of record, and for no longer than a total of 14 days in any consecutive 12-month period.
   2. No portable storage containers shall have dimensions greater than 16 feet in length, eight and one-half feet in height or eight feet in width.
   3. No portable storage containers shall be located:
      1. In any required front yard;
      2. Closer than ten feet to any side or rear lot line, provided that the zoning administrator may allow a reduced setback if mature landscaping or a solid fence at least six feet in height provides adequate screening; or
      3. On any portion of a lot except behind the nearest portion of the principal building adjacent to any public street. On lots where there is no principal structure, portable storage containers shall not be allowed.
   4. Portable storage containers shall be allowed only upon issuance of a permit by the zoning administrator. The fee for such permit shall be set by city council by resolution.
3. Extenuating circumstances. The zoning administrator may permit the placement of a portable storage container in a residential district for more than 14 days, subject to building setback requirements, provided that the property owner has demonstrated that extenuating circumstances exist to justify the extension. Extenuating circumstances, shall include, but are not limited to, disaster such as tornado, fire or flood.
4. Temporary use. The zoning administrator may lessen the regulation of storage containers when used as a temporary use during construction, remodeling, or redevelopment of permanent on-site building and facilities, subject to the issuance of a permit for such use. The permit shall specify and limit the number, size, location, and duration of the storage containers.

(Ord. No. 420, § I, 11-26-07)

Garage sales, yard sales, estate sales and similar types of sales are a permitted use in all residential zoning districts. All such sales shall not exceed three consecutive days of operation with no more than three such sales per calendar year per lot or parcel. Signs for such sales are regulated by section 90-971 herein.

(Ord. No. 534, § 11, 6-27-16)

Act No. 179 of the Public Acts of Michigan of 2001 ("Act 179") requires that zoned cities having a population of 1,800 or more and having undeveloped land zoned for residential purposes must adopt zoning regulations to permit "open space preservation" developments.

Under these regulations, a landowner has the option to retain at least 20 percent of the property as open space and place dwellings on the remaining portion. The number of dwellings cannot be less than the number which would be permitted on the land without the open space preservation regulations.

The purpose of this article is to adopt open space preservation provisions consistent with the requirements of Act 179.

(Ord. No. 360, § I, 10-28-02)

An open space preservation development shall be reviewed by the planning commission according to the requirements and general standards for site plan review contained in article 4 of this chapter except as otherwise provided in this section.

(Ord. No. 360, § I, 10-28-02)

1. The applicant shall submit an application according to the requirements of section 90-129 of this chapter.
2. Open space preservation plan. The applicant shall submit 14 sets of the open space preservation plan which shall be professionally prepared and which shall include information required by section 90-130 of this chapter and the following information:
   1. The areas devoted to preserved open space.
   2. The site development plan shall illustrate the location of all proposed lots and proposed building envelopes and shall indicate the lot area and width of each lot, and the proposed front, side and rear yard building setbacks. The number of proposed lots on the site development plan shall not exceed the number of lots on the existing zoning plan, as approved by the planning commission.
   3. The total number of acres of land that are proposed for preserved open space, the total number of acres of land that are proposed to be used for dwellings, and the percentage of each, as compared to the total site acreage.
   4. The site development plan shall illustrate the location and type of all proposed structures or improvements that are not dwellings.
   5. If the open space development will not be served by public sanitary sewer, the applicant shall submit documentation from the Barry-Eaton District Health Department that the soils are suitable for on site septic systems.
3. Open space preservation development proposed as platted subdivision or site condominium. If an open space preservation development is proposed as a platted subdivision or a site condominium, the applicant must also submit all information and follow the procedures required by the City of Hastings subdivision ordinance or article 8, site condominium projects, as applicable.
4. Existing zoning plan. In addition to the information required above, the applicant must also submit a separate existing zoning plan. This plan is to be prepared for the purpose of demonstrating the number of dwelling units that could be developed on the land under its existing zoning if the open space preservation option provided by this article were not exercised. The existing zoning plan shall be professionally prepared and shall include at least the following information:
   1. Date, north arrow and scale, which shall not be more than 1 inch = 200 feet.
   2. Location of streets adjacent to and within the site.
   3. Location of all lots, illustrating lot area and width of each lot to demonstrate compliance with the minimum requirements of the applicable zoning district.
   4. Location of all utilities that would be necessary to serve a development under the existing zoning plan.
   5. If development under the existing zoning plan would require the use of septic tanks and drain fields, the applicant shall submit written documentation from the Barry-Eaton District Health Department that at least 20 percent of the lots are suitable for on site disposal systems. Such lots shall be spread evenly over the site.
   6. The existing zoning plan shall illustrate all unbuildable land, which shall include slopes of 20 percent or greater, regulated and unregulated wetlands, public utility easements, floodplains, and other similar features which limit or prevent construction of buildings or roads.

(Ord. No. 360, § I, 10-28-02)

The planning commission shall determine whether the existing zoning plan accurately reflects the number of lots that could be developed on the land under its existing zoning if the clustering option provided by this article were not exercised.

The commission shall either approve the number of lots illustrated on the existing zoning plan or require the plan to be revised to accurately reflect the number of lots which could be developed on the land under the standards required for preparing the existing zoning plan in this article.

(Ord. No. 360, § I, 10-28-02)

1. Required open space. At least 20 percent, but no more than 30 percent of the land proposed for development under the provisions of this article shall remain in a perpetually undeveloped state (i.e., "open space") by means of a conservation easement, plat dedication, restrictive covenant, or other legal instrument that runs with the land, as approved by the city attorney.
2. Areas not counted as open space.
   1. The area within all public or private rights-of-way.
   2. Golf course.
   3. Any easement for overhead utility lines.
   4. The area within a platted lot, site condominium unit or metes and bounds parcel occupied by a structure not permitted to be located in open space.
   5. Off-street parking area.
   6. Detention and retention ponds created to serve the project.
   7. Community drain fields.
   8. Fifty percent of the area of wetlands, creeks, streams, existing ponds or lakes or other bodies of water.
   9. Fifty percent of the area of floodplains and steep slopes (20 percent or over).
3. Standards for open space. The following standards shall apply to the preserved open space required by this article:
   1. The open space may include a recreational trail, picnic area, children's play area, community building or other use which, as determined by the planning commission, is substantially similar to these uses.
   2. The open space shall be available for all residents of the development, subject to reasonable rules and regulations.
   3. If the land contains a lake, stream or other body of water, the planning commission may require that a portion of the open space abut the body of water.
   4. Open space shall be located so as to be reasonably accessible and useable to the residents of the open space development. Safe and convenient pedestrian access points to the open space from the interior of the open space shall be provided.
   5. Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, wetlands or agricultural land.
4. Methods to preserve open space. The applicant shall submit before final approval of the project a copy of the conservation easement, plat dedication, restrictive covenants, or other legal instrument that would run with the land, and that would have the legal effect of preserving in perpetuity the open space required by this article in an undeveloped state. Such legal instrument shall be reviewed by the city attorney prior to recording, and shall be subject to the approval of the attorney, consistent with the terms of this article. The legal instrument shall:
   1. Indicate the proposed permitted use(s) of the undeveloped open space.
   2. State the parties who have an ownership interest in the undeveloped open space.
   3. Require that the open space be maintained in perpetuity in an undeveloped condition, without buildings, structures or other improvements, except such drainage improvements, utility lines, walking trails, picnic areas, park or playground equipment, or similar improvements that are approved by the planning commission.
   4. Require that the undeveloped open space be maintained by parties who have an ownership interest in the undeveloped open space.
   5. Provide standards for scheduled maintenance of the undeveloped open space, including necessary pruning and harvesting of trees and new plantings.

(Ord. No. 360, § I, 10-28-02)

1. Water and sanitary sewer.
   1. Open space preservation projects which are located in the RS zoning district shall be served by public water and sanitary sewer.
   2. Open space preservation projects in the RR zoning district shall be served by either public or community water and sanitary sewer or by private wells and septic systems subject to the approval of the Barry-Eaton County Health Department.
2. Minimum lot sizes and setbacks. In order to accommodate both the required open space and the number of lots permitted according to the existing zoning plan the planning commission shall allow a reduction in the minimum lot size and building setback requirements of the zoning district in which the open space preservation project is located.
   1. The minimum lot sizes shall not be less than the following: RS Zone

      Minimum Lot Size	Minimum Lot Width
      9,900 sq. ft.	75 ft.

      
      RR Zone

      Minimum Lot Size	Minimum Lot Width
      26,000 sq. ft.	100 ft.

   2. The minimum front setback for buildings may be reduced by not more than 20 percent of the zoning district in which the open space project is located. The minimum side setbacks for open space projects in the RS zone shall be as required for the R1 zone side setbacks. The minimum side setbacks for open space projects in the RR zone shall be as required for the RS zone side setbacks.
   3. The planning commission may allow a decrease in the above minimum lot sizes and widths, however, for the purpose of achieving the number of lots allowed by the existing zoning plan.
3. Compliance with zoning district. The development of land under this article shall comply with all requirements of this chapter applicable to the zoning district in which the land is located, except for the lot size and setback modifications allowed by section 90-905(b)(1) and (2) herein.
4. Uniform lot size. Lots for dwellings shall be as uniform in area as is reasonably practicable, unless otherwise approved by the planning commission.
5. Maximum number of lots. The open space preservation project shall contain no more than the maximum number of lots as determined from the existing zoning plan approved by the planning commission.
6. Perimeter lots. Notwithstanding any other provision of this article, the planning commission may require that the open space preservation development be designed and constructed with lot sizes and setbacks on the perimeter that will be reasonably consistent with the lot sizes and setbacks of adjacent uses (planned or existing).
7. Sidewalks. The planning commission may require sidewalks in accordance with the city's site condominium regulations and subdivision ordinance.
8. Grading. Grading shall comply with the following requirements:
   1. To preserve the natural appearance of the land, all graded areas, cuts and fills shall be kept to a minimum. Specific requirements may be placed on the area of land to be graded or to be used for building, and on the size, height, and angles of cut-and-fill slopes and the shape thereof.
   2. All areas indicated as open space on the approved development plan shall be undisturbed by grading or excavating, except as permitted by the planning commission.

(Ord. No. 360, § I, 10-28-02)

An open space preservation plan shall be subject to the requirements of sections 90-133, and 90-135 which pertain to performance guarantees, and amendments to approved projects.

(Ord. No. 360, § I, 10-28-02)

An approved open space preservation plan which is also approved under the city's site condominium regulations or subdivision ordinance shall remain valid as prescribed in these ordinances.

For all other approved open space preservation plans, the approval shall be valid for one year from the date of approval as set forth in section 90-134 of this chapter.

(Ord. No. 360, § I, 10-28-02)

A public hearing shall be required for an open space preservation project. The requirements for notification shall be as set forth in section 90-1048(d) of the Hastings Zoning Ordinance.

(Ord. No. 360, § I, 10-28-02)

The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy systems shall be regulated within the City of Hastings, in order to promote the safe, effective, and efficient use of wind energy.

(Ord. No. 450, § I, 10-26-09)

1. Ambient sound level: The amount of background noise at a given location prior to the installation of a WES(s) which may include, but not be limited to, traffic, machinery, lawnmowers, human activity, and the interaction of wind with the landscape. The ambient sound level is measured on the dB (A) weighted scale as defined by the American National Standards Institute.
2. Applicant: The person, firm, corporation, company, limited liability corporation or other entity which applies for city approval under this section, as well as the applicant's successor(s), assign(s), and/or transferee(s) to any approved WES.
3. Building mounted WES: A WES mounted or attached to a building.
4. Interconnected WES: A WES which is electrically connected to the local electrical power utility system and can provide power to the local electrical power utility system.
5. Nacelle: In a wind turbine, the nacelle refers to the structure which houses all of the generating components, gearbox, drive train, and other components.
6. Rotor diameter: The cross-sectional dimension of the circle swept by the rotating blades of a WES.
7. Shadow flicker: The moving shadow, created by the sun shining through the rotating blades of a wind energy system (WES). The amount of shadow flicker created by a WES is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.
8. Total WES height: The vertical distance measured from the uppermost vertical extension of any blade or to the uppermost part of the wind energy system if it does not have blades to the ground at the base or wall line of any structure or building supporting or containing the WES.
9. Tower mounted WES: A WES mounted or attached to a tower, pole, or similar structure which is not a building.
10. WES setback: The distance from the base of the structure or building upon which the WES is mounted to the nearest lot line. In the case of multiple parcels utilized for multiple or single WES, the setbacks shall be taken from the outside boundary of the parcels utilized for the WES project
11. Wind energy system (WES): "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.

(Ord. No. 450, § I, 10-26-09)

All wind energy systems shall comply with the following requirement:

1. Sound pressure level.
   1. Wind energy systems shall not exceed 55 dB (A), or ambient noise level as measured at any property line of the parcel containing the WES. This sound pressure level may be exceeded during short-term events such as severe wind storms.
   2. Wind energy systems which are under single ownership or control and which involve more than one property shall be subject to the requirements of subsection 90-911(a)(1), but the sound pressure level shall be measured at the property line closest to the WES at the outside boundary of all property used for the wind energy system. In addition, the applicant shall provide modeling and analysis that will demonstrate that the wind energy system will not exceed the maximum permitted sound pressure.
   3. A noise emission study of the proposed site and impact upon all areas within 300 feet of the property containing the proposed WES location may be required for a WES which requires a special land use permit (at the applicant's cost) and submitted to the city prior to any placement of a WES.
      The applicant must also provide estimated noise levels which the WES will produce at the property lines of the parcel proposed for the WES at the time of a special use application.
2. Setbacks for WES.
   1. Tower mounted WES. The minimum setback for a tower mounted WES from a property line, public right-of-way, public easement, or overhead utility lines shall be a distance which is at least equal to the total height of the WES
   2. Building mounted WES. The setback for a building mounted WES shall be a minimum of 15 feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of the building. The setback shall be measured from the furthest outward extension of all moving parts.
      The 15 feet minimum setback requirement may be reduced by the building inspector under either or both of the following circumstances:
      1. If the applicant provides a registered engineer's certification that the WES is designed to collapse, fall, curl or bend within a distance less than the required setback of the WES.
      2. If the building inspector determines that a lesser setback will not be detrimental to adjoining properties. In making this determination the building inspector shall, at a minimum, take into consideration the type and location of the building containing the WES, the type of WES proposed, the installation requirements of the WES and the location of buildings or uses on the adjacent properties.
3. Location. A tower mounted WES shall only be located in the rear yard and must be on the same lot as the principal use.
4. Shared Wes usage. A WES may provide electrical power to more than one dwelling unit or building, provided the dwelling units or buildings are located on property or properties that are adjacent to the property or properties on which the WES is located.
5. Rotor clearance.
   1. Blade or rotor arcs created by a tower mounted WES shall have a minimum of 20 feet of clearance over and from any structure, adjoining property or tree.
   2. The blade or rotor arcs created by a building mounted WES shall have a minimum clearance of eight feet above the roof or be designed in the opinion of the building inspector so the blade or other moving parts do not present a safety hazard to any person on the roof.
6. Shadow flicker. The planning commission or building inspector may request that the applicant perform an analysis of potential shadow flicker. The analysis shall identify locations of shadow flicker that may occur, and shall describe measures such as screening that shall be taken to eliminate or minimize the shadow flicker.
7. Construction codes and interconnection standards. A WES shall comply with the following:
   1. All applicable state construction and electrical codes and City of Hastings building permit requirements;
   2. Federal Aviation Administration requirements;
   3. The Michigan Airport Zoning Act, Pubic Act 23 of 1950, as amended;
   4. The Michigan Tall Structures Act, Public Act 259 of 1959, as amended;
   5. The Michigan Public Service Commission and Federal Energy Regulatory Commission, if the WES is an interconnected system.
8. Safety requirements.
   1. Each WES shall be equipped with both a manual and automatic braking device capable of stopping the WES operation in high winds or must be designed so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.
   2. To prevent unauthorized access, each tower mounted WES must comply with at least one of the following provisions, and more than one if required by the planning commission or the building inspector:
      1. Tower climbing apparatus shall not be located within 12 feet of the ground.
      2. A locked anti-climb device shall be installed and maintained.
      3. A tower capable of being climbed shall be enclosed by a locked, protective fence at least ten feet high with barbed wire fence.
   3. All WES shall have lightning protection.
   4. If a tower is supported by guy wires, the wires shall be clearly visible to height of at least eight feet above the guy wire anchors.
9. Signs.
   1. Each tower mounted WES shall have one sign not to exceed two square feet posted at the base of the tower, or, if the structure is fenced, on the fence. The sign shall include a warning about high voltage and emergency phone numbers.
   2. A WES shall not include any advertising of any kind, except the nacelle may have lettering that exhibits the manufacturer's and/or owner's identification.
10. Electromagnetic interference. WES shall be designed, constructed and operated so as not to cause radio and television interference.
11. Maintenance. All WES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard.
12. Distribution lines. All distribution lines from the WES shall be located and maintained underground, both on the property where the WES will be located and off-site. The planning commission may waive the requirement that distribution lines for the WES which are located off-site (i.e. are not located on or above the property where the WES will be located) be located and maintained underground if the planning commission determines that to install, place, or maintain such distribution lines underground would be impractical or unreasonably expensive.
13. Color. A WES shall be painted a nonobtrusive light environmental color such as beige or gray color that is nonreflective. No striping of color or advertisement shall be visible on the blades or tower.

(Ord. No. 450, § I, 10-26-09)

Any tower mounted or building mounted wind energy system which is no more than 35 feet in total height shall be a permitted use in all zoning districts, subject to the requirements of section 90-911 and the following:

1. Permit required. A permit shall be required to be obtained from the city to construct and operate any tower mounted or building mounted WES which is no more than 35 feet in total height. The total height of a WES shall be as defined above in subsection 90-910(h). Any WES which is more than 35 feet in total height shall be required to obtain a special use permit as set forth in section 90-913.
   The following information is required upon application for a WES permit:
   1. Name of property owner(s) and address.
   2. An accurate drawing showing the proposed location of the WES, property lines, existing building(s), proposed WES setback, right-of-way lines, public easements, and overhead utility lines and the distance from the WES to principal buildings on adjacent lots.
   3. The proposed type and height of the WES to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
   4. If the applicant intends to install an interconnected WES the applicant must provide documentation that the applicable utility company has or will approve the proposed interconnection.
   5. Other relevant information as may be reasonably requested by the building inspector.

A permit shall be issued after an inspection of the WES by the city or an authorized agent of the city, and where the inspection finds that the WES complies with the requirements of section 90-911, all applicable state construction and electrical codes, City of Hastings building permit requirements, and all manufacturers' installation instructions.

(Ord. No. 450, § I, 10-26-09)

Any tower mounted or building mounted WES which is more than 35 feet in total height, may be allowed as a special use in all zoning districts subject to the following regulations and requirements of this section and also the general special land use review procedures and standards of article 13 of this zoning ordinance:

1. Application requirements: In addition to the special land use application form, an applicant for a WES over 35 feet in total height shall provide the following information as part of the application:
   1. The proposed type and height of the WES to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
   2. If the applicant intends to install an interconnected WES, the applicant must provide documentation that the applicable utility company has or will approve the proposed interconnection.
2. Site plan requirements: A site plan for a WES for which a special use is required shall include the following items with or on the site plan:
   1. All requirements for a site plan contained article IV herein.
   2. Dimensions of the area purchased or leased which is to contain the WES.
   3. Location and height of all existing and proposed buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing, and any other above-ground structures proposed or existing for the parcel or parcels containing the WES.
   4. Specific distances from the WES structures to all other buildings, structures, and above ground utilities which are on the parcel or parcels upon which the WES is proposed to be located and on abutting parcels.
   5. Land uses within 300 feet of the parcel.
   6. Access drives to the WES including dimensions and composition, with a narrative describing proposed maintenance of the drives.
   7. All lighting proposed for the site, including diagrams of lighting fixtures proposed if requested by the planning commission.
   8. Security measures proposed to prevent unauthorized trespass and access.
   9. Standard drawings of the structural components of the WES, including structures, towers, bases, and footings. A registered engineer shall certify drawings and any necessary calculations that show that the system complies with all applicable local, state, and federal building, structural and electrical codes.
   10. Additional information as required by article XIII, special land uses of this Ordinance, or as may be required by the planning commission.
   11. The planning commission may waive or modify the above requirements at the request of the applicant if it is determined that those items would not be needed to properly review the project.
3. Lighting: A WES shall provide lighting as may be required by the Federal Aviation Administration.
4. Maintenance program required: The applicant shall provide a written description of the maintenance program to be used to maintain the WES, including a maintenance schedule of types of maintenance tasks to be performed.
5. Siting standards and visual impact:
   1. A WES shall be designed and placed in such a manner to minimize adverse visual and noise impacts on neighboring areas.
   2. A WES project with more than one WES structure or tower shall utilize similar design, size, color, operation, and appearance throughout the project as is practicable.
6. Inspection: The city shall have the right upon approving any WES to inspect the premises on which the WES is located at all reasonable times with permission of the property owner. The city may hire a consultant to assist with any such inspections at the applicant's cost.
7. Performance guarantee: If a special use is approved pursuant to this section, the planning commission may require a security in the form of a cash deposit, surety bond, or irrevocable letter of credit in a form, amount, time duration and with a financial institution deemed acceptable to the city, which will be furnished by the applicant to the city in order to ensure full compliance with this section and any conditions of approval.
8. Issuance of permit: A permit shall be issued after an inspection of the WES by the City of Hastings or an authorized agent of the city, and where the inspection finds that the WES complies with the requirements of section 90-912 and section 90-913 and all applicable state construction and electrical codes, City of Hastings building permit requirements, and all manufacturers' installation instructions.

(Ord. No. 450, § I, 10-26-09)

1. Accessory Dwelling Unit (ADU): A secondary housing unit that occupies the same structure or lot as the principal single-family dwelling.
2. Internal ADU: An ADU that is fully integrated into the existing structure of the principal single-family dwelling (most often located in a finished basement or attic).
3. Attached ADU: An ADU that shares at least one wall with the principal single family dwelling, generally having a separate entrance and sharing no internal connections with the main dwelling.
4. Detached ADU: An ADU developed as a detached building, or developed within a legal, conforming detached accessory building (such as a garage or carriage house).
   

1. Except as otherwise provided in this Section, an ADU is allowed only on a lawful conforming lot that is occupied by a lawful single-family dwelling. An ADU is not allowed on a lot that is occupied by a residential facility licensed by the State pursuant to Public Act 218 of 1979, as amended or Public Act 116 of 1973, as amended.
2. Only one (1) ADU is allowed per lot.
3. An ADU shall not be sold separately from the principal single-family dwelling on the lot.
4. The total floor area of the ADU shall not exceed the area of the existing first floor of the principal single-family dwelling on the lot. An ADU located on a second floor shall not exceed the area of the first floor of the building. An interior stair floor area shall not count toward the floor area calculation of the ADU.
5. The principal building height restrictions of the zoning district shall apply, except that the ADU shall not exceed the height of the principal single-family dwelling on the lot.
6. The accessory building setback requirements of the zoning district shall apply.
7. Detached ADUs shall be located closer to the principal single-family dwelling on the lot than to the principal dwelling on an adjacent lot.
8. Detached ADUs shall not be located within the front yard. Corner lots are considered to have a front yard along each street frontage.
9. An otherwise permissible ADU is allowable as a special land use where the ADU:
   1. Is located on a lawful nonconforming lot;
   2. Does not comply with applicable floor area, height, and/or location requirements, subject to the provisions of this Ordinance pertaining to special land uses, and the additional requirements of this Section.
10. The ADU shall be compatible in general exterior appearance to the principal! single-family dwelling on the lot in terms of building materials, colors, and landscaping.
11. The ADU shall be served by the same driveway that serves the principal single family dwelling on the lot.
12. An ADU shall be provided a minimum of one (1) parking space, in addition to the two (2) parking spaces required for the principal single-family dwelling on the lot. The ADU parking space(s) may be provided as tandem or stacked parking on an existing driveway.
13. The ADU shall be served by approved water and sewer facilities.
14. The ADU shall meet all applicable requirements of the locally adopted building code and fire code, including adequate emergency access.
15. Either the principal single-family dwelling or the ADU shall be owner-occupied.
16. A deed restriction that runs with the land must be filed with the Register of Deeds that incorporates the following restrictions:
    1. The ADU shall not be sold separately from the principal single-family dwelling.
    2. The owner-occupancy requirement of this Section.
    3. The deed restriction must be in effect until the ADU is removed.
17. Prior to the issuance of a building permit for an ADU, the zoning administrator shall determine that the proposed ADU meets the standards of this Section. The following information shall be submitted for review:
    1. A site plan showing the location of the proposed ADU, lot identification (address and property number), size of lot, dimension of lot lines, existing improvements on the lot, location of structures on adjacent lots, abutting streets, driveways, and parking areas.
    2. Sufficient architectural drawings or photographs to show building exteriors.
    3. Interior floor plans showing the floor area of the proposed ADU, accessory building, and/or principal single-family dwelling.
    4. The recorded deed restriction required by subsection.
    5. Any additional Information deemed necessary by the zoning administrator for review.
18. The approval of an ADU shall expire within one (1) year after the date of such approval unless a building permit has been issued and construction has commenced.
19. The building permit and any other form of approval issued for an ADU shall be subject to revocation upon a finding by the City or its lawfully authorized designee, that there is in fact noncompliance with the conditions and requirements contained in this Section.

1. Public property. A food truck located on public property is not regulated by this ordinance.
2. Private property. A food truck located on private property shall only be allowed as regulated by Article 90-VI – District Regulations and shall be subject to the standards and approval process of Section 90-917 – Standards.
   

1. Location. A food truck may be located and operate on property with or without a principal use/building.
2. District regulations. Lot area, lot width, setbacks and any other dimensional requirement of the zoning district shall apply.
3. Parking
   1. A food truck located/operating on property with a principal use/building shall not serve to reduce on-site parking for the principal use/building in violation of parking requirements.
   2. A food truck located on property without a principal use/building and food truck parks shall be adequately served by on-site and/or off-site parking facilities.
4. Separation. A food truck shall not be located within 150 feet of a permanent business with a food license during the permanent business’s hours of operation.
5. Traffic. A food truck shall be located and operate in such a manner so as not to interfere with pedestrian or vehicular traffic
6. Noise. The use of amplifiers, banners, loud music, and other attention gathering devices in conjunction with the operation of a food truck shall be prohibited.
7. Lighting. The use of flashing or blinking lights or strobe lights in conjunction with the operation of a food truck is prohibited. All exterior lights over 60 watts shall contain opaque, hood shields to direct the illumination downward.
8. Refuse. A food truck provider shall provide appropriate waste receptacles at the site of the food truck and keep the area in which it operates clean, sightly, and free of trash.
9. Local ordinances. A food truck shall comply with the city's nuisance ordinance, sign ordinance and all other city ordinances.
10. Other regulations. A food truck shall comply with all applicable federal, state, and county regulations.
11. Approval. A food truck/food truck park shall be subject to the following approval process:
    1. No food truck/food truck park shall locate or operate on private property until a zoning permit has been approved by the city.
    2. Application for a zoning permit shall be made through the city clerk/treasurer and shall be accompanied by a plot plan, which shall show parking and outdoor seating proposed to serve the food truck/food truck park and demonstrate compliance with the standards of this section.
       1. Application for a zoning permit for a food truck may be for a single location or to rotate between multiple locations.
       2. Application for a food truck/food truck park shall be accompanied by written consent of the property owner(s) of the private property(ies) under consideration.
    3. The zoning administrator shall review the application and plot plan for a single food truck to be located on one (1) property or multiple properties for compliance with the standards of this section. Based on these standards, the zoning administrator shall approve, deny, or approve with conditions the zoning permit.
    4. The planning commission shall review the application and plot plan for a food truck park for compliance with the standards of this section. Based on these standards, the planning commission shall approve, deny, or approve with conditions the zoning permit.
    5. The zoning permit shall state the approved time periods of location/operation of the food truck/food truck park.
    6. A zoning permit for a food truck/food truck park shall be valid for one calendar year.
    7. An amendment of a zoning permit is required if there are proposed modifications to the approved plot plan or conditions of the temporary zoning permit.
    8. A zoning permit may be revoked by the zoning administrator upon evidence of a failure to comply with the standards of this section and/or the conditions of the temporary zoning permit.