The purpose of this article is to provide regulations for uses not essentially incompatible with uses permitted by right in a given district, but which may only be appropriate if restrictions or conditions are imposed by reason of special problems presented by the use itself or its particular location in relation to neighboring properties. The special land use permit procedure established in this article is designed to provide the planning commission with an opportunity to review and act upon any application for a special use permit.

(Ord. No. 301, § 8(3.240), 2-10-97)

The planning commission shall have the power to approve special land use permit applications with such conditions and safeguards as are appropriate under this article or to deny special land use permit applications where not in harmony with the purpose and intent of this article.

(Ord. No. 301, § 8(3.241), 2-10-97; Ord. No. 407, § VII, 8-28-06)

1. Application. An application for a special land use permit shall be made through the city clerk/treasurer to the planning commission. The application may be accompanied by an application for a zone change if such change is necessary to accommodate the requested special land use. The required fee shall be as established by council resolution.
2. Site plan requirement. Applications for a special land use permit shall also be accompanied by a site plan, which shall contain the information for final site plans required by article IV of this chapter.
3. Additional information. The planning commission may also require that the applicant provide additional information about the proposed use. Such information may include but shall not be limited to traffic analysis; environmental impact statement; and economic analysis justifying the need for a proposed use or uses, impact on public utilities and services, and affect on the public school system.
4. Planning commission hearing. The application shall be referred to the planning commission, which shall set a public hearing for the application. Notice of the hearing shall be as required in section 90-47 of this zoning ordinance.

(Ord. No. 301, § 8(3.242), 2-10-97; Ord. No. 321, 8-23-99; Ord. No. 407, § VII, 8-28-06)

To approve a special land use, the planning commission must find that all the following general standards are satisfied, in addition to any applicable standards set forth in this article for specific special land uses:

1. Be designed, constructed, operated and maintained so it will be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not result in a detrimental change to the essential character of the area in which it is proposed.
2. Be adequately served by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools.
3. Not create excessive additional requirements at public cost for public facilities and services.
4. Not involve uses, activities, processes, materials and equipment, or conditions of operation that will be overly detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. Be consistent with the intent and purpose of the zoning district in which such use will be located.
6. Be compatible with and in accordance with the city's master plan.

(Ord. No. 301, § 8(3.243), 2-10-97)

1. In approving a request for a special land use permit, the planning commission may impose conditions and safeguards. Such conditions may include but are not limited to conditions necessary to:
   1. Ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity;
   2. Protect the natural environment and conserve natural resources and energy;
   3. Ensure compatibility with adjacent uses of land; and
   4. Promote the use of land in a socially and economically desirable manner.
2. Conditions imposed shall meet all of the following requirements:
   1. Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
   2. Be related to the valid exercise of the police power and purposes affected by the proposed use or activity.
   3. Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
3. The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the planning commission and the applicant. The approving planning commission shall maintain a record of the conditions which are changed.

(Ord. No. 301, § 8(3.244), 2-10-97)

1. Planning commission approval of a special land use permit shall be valid regardless of change of ownership, provided that all terms and conditions are complied with by the new owners.
2. In cases where development authorized by a special land use permit has not commenced within one year of issuance, the permit shall automatically terminate. Upon written application filed before the termination of the one-year period, the planning commission may authorize a single extension for a further period of not more than one year.
3. The planning commission shall have the authority to revoke a special land use permit following a public hearing with notice given as required herein. Such permit may be revoked upon evidence that the applicant, owner or operator has failed to comply with the requirements of the permit as stipulated by the planning commission and any other applicable regulations of this article.

(Ord. No. 301, § 8(3.245), 2-10-97)

1. Any person or agency for which a special land use has been approved shall notify the zoning administrator of any proposed amendment to the approved use and site plan. Any minor change such as dimension changes, increase in parking, drive relocation, landscaping changes, or movement of lighting or signs may be approved by the zoning administrator, who shall notify the planning commission in writing of such amendments. A copy shall be placed in the file of the original permit requested.
2. Any major changes to any approved special land use shall comply with the filing procedures contained in this article for special land use. Major changes shall include but are not limited to increasing the density or number of dwelling units, increasing the number of buildings or land area, and the addition of another use or uses not initially authorized under the original site plan. The zoning administrator shall determine if other similar changes constitute a major amendment.

(Ord. No. 301, § 8(3.246), 2-10-97)

The provisions given in this division are standards for specific special land uses that must be satisfied to qualify for a special land use, in addition to the general standards set forth in this article.

(Ord. No. 301, § 8(3.247), 2-10-97)

1. In addition to providing a site plan as required by this chapter an applicant for a bed and breakfast shall also provide a floor plan noting total square footage of the dwelling unit and the use and square footage of each room.
2. The following standards shall be met:
   1. The bed and breakfast shall not have more than six transient rooms.
   2. There shall be a minimum distance of 500 feet between bed and breakfast establishments as measured between property lines.
   3. Rooms utilized for sleeping accommodations shall contain at least 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.
   4. There shall be no separate cooking facilities in the bedroom area.
   5. One off-street parking space shall be provided for each transient room in the bed and breakfast. A two-stall garage or covered parking for one-third of the required parking spaces shall be provided. All off-street spaces shall also conform to the requirements of article X of this chapter.
   6. Lavatories and bathing facilities shall be available to all persons using any bed and breakfast.
   7. The dwelling unit in which the bed and breakfast is located shall be the principal residence of the operator/owner, and the operator/owner shall live on premises when the bed and breakfast operation is active. The dwelling unit shall contain a minimum of 2,000 square feet.
   8. The sleeping rooms of the bed and breakfast shall not consist of more than 40 percent of the total dwelling unit floor area. In addition, there shall be a minimum of 20 percent of the dwelling that can be used as a common area for both guests and the owner.
   9. The bed and breakfast shall comply with all applicable regulations of the district health department and the state.
   10. 1. A bed and breakfast located in a residential zoning district shall be permitted one sign not to exceed six square feet and shall be set back ten feet from the front and side lot lines.
       2. A bed and breakfast located in a nonresidential zoning district shall be permitted to install signs in accordance with the sign requirements of article XI of this chapter for that zoning district in which the bed and breakfast is located.

(Ord. No. 301, § 8(3.248), 2-10-97)

1. Group child care homes shall be licensed by the state under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111 et seq., MSA 25.358(11) et seq.).
2. A Group child care home shall not be located closer than 800 feet to any of the following facilities as measured along a street, road, or other public thoroughfare, excluding an alley:
   1. A residential facility offering substance abuse treatment and rehabilitation services licensed by the state.
   2. A community correction center, resident home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the department of corrections.
3. The outdoor play area shall not be located within the required front yard setback area and shall be the minimum area required by state law.
4. All outdoor play areas shall be enclosed by a fence that is at least 48 inches high and complies with the applicable regulations for fences as required by this chapter.
5. One off-street parking space shall be provided for each nonfamily employee of the group child care home in addition to the parking normally required for the residence. A driveway may be used to fulfill this requirement.
6. Hours of operation shall not exceed 16 hours in a 24-hour period, and activity shall be limited between the hours of 10:00 p.m. and 6:00 a.m.
7. Group child care homes shall only be permitted in a safe environment. Such environment, both on the premises and adjacent to such property, shall be free from nuisance or hazardous conditions that would place children's health or safety at risk. Such conditions might include but are not limited to bodies of water, unacceptable exposure to traffic, noise, air contaminants, vibration, explosive materials, or other dangerous commercial or industrial activities.
8. As a condition of approval, the planning commission may require any site improvement they feel is necessary to ensure the health and safety of the children to be present on the premises.
9. Group child care homes shall not result in a detrimental change to the essential residential character of the neighborhood in which it is to be located, nor shall it result in an unreasonable nuisance condition to residents of the neighborhood in which it is to be located. In determining whether potential for an unreasonable nuisance situation exists, the planning commission shall evaluate the following factors:
   1. Traffic volumes to be generated into the neighborhood once the group child care home is in operation.
   2. Adequacy of parking or drop-off sites.
   3. Presence of other group child care homes or similar uses in the immediate area, and any complaints on record regarding the same uses.

(Ord. No. 301, § 8(3.249), 2-10-97)

1. Child care centers shall be licensed by the state under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111 et seq., MSA 25.358(11) et seq.).
2. A child care center shall not be located closer than 800 feet to any of the following facilities as measured along a street, road or other public thoroughfare, excluding an alley:
   1. A residential facility offering substance abuse treatment and rehabilitation services licensed by the state.
   2. A community correction center, resident home, halfway house or other similar facility that houses an inmate population under the jurisdiction of the department of corrections.
3. The minimum lot area shall be 17,000 square feet, with a minimum lot width of 132 feet.
4. A child dropoff/pickup area shall be provided off the public street.
5. Child care centers shall comply with the minimum building setbacks specified for principal buildings in the zoning district in which the child care center is located. In order to protect the peace and quiet of neighboring residents, the planning commission may impose greater setbacks than the minimum specified in those instances where the child care center would be located adjacent to single-family dwellings.
6. The outdoor play area shall not be located within the required front yard building setback area. Such area shall be enclosed by a fence that is at least 48 inches high and complies with the applicable regulations for fences as required by this chapter.
7. Child care centers shall only be permitted in a safe environment. Such environment shall be free from nuisance or hazardous conditions, either on or adjacent to the premises, that would place children's health or safety at risk. Such conditions might include but are not limited to bodies of water, unacceptable exposure to traffic, noise, air contaminants, vibration, explosive materials, or other dangerous commercial or industrial activities.
8. As a condition of approval, the planning commission may require any site improvement they feel is necessary to ensure the health and safety of the children to be present on the premises.
9. Child care centers shall not result in a detrimental change to the essential character of the area in which it is to be located.
10. Child care centers shall not result in an unreasonable nuisance condition to residents of any residential district. In determining whether potential for a nuisance situation exists, the planning commission shall evaluate the following factors:
    1. Traffic volumes to be generated once the child care center is in operation;
    2. Adequacy of parking or dropoff sites;
    3. Presence of other child care centers in the immediate area, and any complaints on record regarding the same uses.
11. Where such use abuts existing residential land use or a residential zoning district, landscape buffer zone B shall be provided as specified in article XII of this chapter.
12. The facility shall be connected to public water and sanitary sewer.
13. The facility shall be located on a parcel that has frontage on a major street as illustrated in the city master plan or on a state highway.

(Ord. No. 301, § 8(3.250), 2-10-97)

1. The maximum density of housing for the elderly, retired or assisted care facilities shall not exceed 14 units per acre. For purposes of this section a unit shall include a room in a nursing or convalescent home or a dwelling unit with or without kitchen facilities designed for occupancy by not more than two persons.
2. Uses permitted shall include but need not be limited to:
   1. Group dining facilities;
   2. Recreational facilities;
   3. Commercial or retail uses for use by residents or their guests, child or adult day care facility;
   4. Limited medical or therapy facilities for residents.
3. Where such use abuts existing residential land use or a residential zoning district, landscape buffer zone B shall be provided as specified in article XII of this chapter.
4. The facility shall be connected to public water and sanitary sewer facilities.
5. The facility shall be located on a parcel that has frontage on a major street as illustrated in the city's master plan or on a state highway.
6. The facility shall be located so as to provide its residents with safe and convenient pedestrian vehicular access to community services such as transportation, shopping, recreation and medical services.

(Ord. No. 301, § 8(3.251), 2-10-97)

1. All principal buildings on a golf course shall be at least 200 feet from the front lot line and 200 feet from all other lot lines.
2. Uses permitted in conjunction with the golf course may include a pro shop offering golf merchandise for sale as well as golf equipment repair services, a restaurant, driving range and similar related uses as may be approved by the planning commission.
3. Tees, fairways, greens and trails shall be arranged in a manner to limit stray golf shots and trespassing onto neighboring properties. The planning commission may require fencing to prevent trespassing onto neighboring properties.
4. Lighting shall be no brighter than necessary to provide for safe use of the recreational facility and shall be directed away from adjoining properties and public rights-of-way. The planning commission may, as a condition of special land use approval, require the reduction or extinguishment of lighting during periods when the area is not being used for its intended purpose.

(Ord. No. 301, § 8(3.252), 2-10-97)

1. All church buildings shall be set back a minimum of 40 feet from all lot lines.
2. Parking lots shall be set back a minimum of 15 feet from any lot line that abuts existing residential uses or residential zoning districts. This setback area shall be landscaped according to the requirements of Article XII of this chapter for landscape buffer zone C. The planning commission may increase, decrease or otherwise modify the landscaping requirements in order to achieve the intent of providing a suitable buffer zone for adjacent properties.
3. Athletic fields, accessory buildings which exceed the requirements of section 90-831 or other uses or buildings associated with the church use may be allowed only with approval of the planning commission, in accordance with the general standards for special land uses. For accessory buildings which exceed the requirements of section 90-831, the planning commission may modify the requirements of section 90-831 as part of the conditions of the special land use. In determining whether to approve a modification of these requirements, the planning commission must find, based upon the facts presented by the applicant, that the modification satisfies the standards of approval for a special land use in this chapter and that the modification is justified due to the nature, size, density, location or design of the proposed special land use.
4. A child care center may be operated on church property only if approved by the planning commission as an additional special land use if it complies with the standards for child care centers as specified in this article.
5. The facility shall be connected to public water and sanitary sewer.
6. Churches with a seating capacity of over 300 in the main room of worship shall comply with the following standards:
   1. The church shall be located on a parcel that has frontage on a major street as illustrated in the city's master plan or on a state highway.
   2. The parcel shall have a minimum of two acres.
   3. The parcel shall have a minimum width of 200 feet along a major street or state highway.
7. Churches that existed before the adoption of the ordinance from which this chapter was derived (1-27-1997) or church-owned lands that were purchased before the adoption of the ordinance from which this chapter was derived (1-27-1997) shall be considered conforming. Such existing churches may expand and such church-owned lands may be built upon provided a special land use is obtained from the planning commission. Expansions of existing churches shall comply with the requirements of this section.
8. Site development standards pertaining to walls, fences, driveways, sidewalks and other similar physical site improvements, excluding building setbacks and height and parking, may be modified by the planning commission as part of the conditions of the special land use. In determining whether to approve a modification of these requirements, the planning commission must find, based upon the facts presented by the applicant, that the modification satisfies the standards of approval for a special land use in this chapter and that the modification is justified due to the nature, size, density, location or design of the proposed special land use.
9. Churches may exceed the maximum height standard for the district in which they are located provided that the front, side and rear setbacks are increased by one (1) foot for every foot by which the building exceeds the maximum allowed height.

(Ord. No. 301, § 8(3.253), 2-10-97; Ord. No. 305, § 2, 10-27-97; Ord. No. 358, § I, 10-14-02)

1. The minimum lot area for a commercial kennel is two acres plus an additional one-third acre for each animal in excess of six.
2. Buildings for the housing of animals and outdoor fenced areas for keeping of animals shall not be located within 200 feet of any property line or street right-of-way.
3. The premises shall be kept in a safe and sanitary manner so as not to cause a public nuisance through production of flies, excessive odors, noise or other conditions detrimental to the community health and welfare.

(Ord. No. 301, § 8(3.254), 2-10-97)

1. The minimum frontage for gasoline stations shall be 150 feet along each street that abuts the parcel.
2. The minimum lot size shall be 15,000 square feet.
3. Pump islands shall be set back a minimum of 20 feet from all lot lines.
4. Buildings shall be set back a minimum of 50 feet from the front lot line. Setbacks from other lot lines shall be as required by the district. For gasoline service stations in the B-1 zoning district, however, the setbacks for the canopy, fuel pumps and buildings shall be determined by the planning commission during1 review of the site plan so that the location of such structures will be compatible insofar as is practicable with nearby existing building setbacks to maintain the visual setback character of the downtown area. In determining the appropriate setbacks, the commission shall give due consideration to achieving pedestrian safety, avoiding negative impacts on adjoining land uses and ensuring safe ingress, egress, and on-site movement for vehicles.
5. Not more than two canopies may be placed within the required front and side yards covering gasoline and/or diesel pumps. The canopy shall meet the following requirements:
   1. There shall be a minimum setback from any road right-of-way of three feet.
   2. There shall be a minimum setback from any area or side yard lot line of 15 feet.
   3. Any canopy must be completely open on all sides except at the top and the side if it is attached to the principal building, then on all sides except its top and the side if it is attached to the principal building; the canopy shall be constructed to meet the requirements of the city's construction code and shall have a minimum clearance height of 12.5 feet and a maximum clearance height of 15 feet and a maximum overall height of 18 feet.
   4. The clearance height of the canopy shall be posted on all sides from which access is obtained for the canopy.
   5. Support posts for the canopy shall be placed so as not to be a traffic hazard for vehicles using the premises and not in any regularly used portion of the property used by vehicles.
   6. Canopy lighting shall be completely recessed within the canopy so that the light source is not visible from off the site.
6. Vehicle parking spaces at the pump island may be counted as part of the required parking spaces.
7. Traffic circulation and parking shall be arranged to avoid vehicle and pedestrian congestion near or in front of the entrance to the building.
8. Driveways shall be a minimum of 55 feet from street intersections unless located on M-37 or M-43, in which case the driveway placement standards of section 90-883 shall apply. This distance shall be measured along the curbline from the point of intersection of street right-of-way lines to the closest edge of the driveway. Driveways shall be a minimum of ten feet from abutting property lines.

(Ord. No. 301, § 8(3.255), 2-10-97; Ord. No. 472, § II, 2-27-12)

1. Purpose. It is the intent of this section to regulate new and existing wireless communication towers and antennas which exceed 35 feet in height in accordance with the Federal Telecommunications Act of 1996, the Sequestration Act of 2012 and the Michigan Zoning Enabling Act, PA 110 0f 2006, as amended. Within the general parameters of these laws, this section also intends to reduce the impact of these communication elements on adjacent land uses by reasonably regulating their location, height, safety, general appearance, and eventual removal.
   Additionally, this section intends to promote and encourage the co-location of attached communication antennas on existing towers and support structures.
2. Definitions. As used in this section:
   1. Collocate means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. Collocation has a corresponding meaning.
   2. Equipment compound means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
   3. Wireless communications equipment means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
   4. Wireless communications support structure means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
   5. Not included in the above definition are private communication antennas as defined in section 90-1 of this chapter.
3. Co-location of new wireless communications equipment and modification of existing wireless communications equipment and support structures permitted by right. The co-location of new or the replacement of existing wireless communications equipment as defined herein and the modification of existing wireless communications support structures shall be permitted by the zoning administrator subject to compliance with all of the following requirements and the issuance of the applicable city building and electrical permits.
   1. The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.
   2. The existing wireless communications support structure or existing equipment compound is in compliance with the City of Hastings Zoning Ordinance and applicable building and electrical codes.
   3. The proposed collocation and any subsequent collocations will not do any of the following:
      1. Increase the overall height of the wireless communications support structure by more than 20 feet or ten percent of its original height, whichever is greater. The height shall be measured from the top of the structure to the average ground grade within 25 feet of the base of the wireless communications support structure;
      2. Increase the width of the original wireless communications support structure by more than the minimum necessary to permit collocation; or
      3. Increase the area of the existing equipment compound to greater than 2,500 square feet.
   4. The proposed collocation complies with the terms and conditions of any previous final approvals of the existing wireless communications support structure or wireless communications equipment as previously approved by the City of Hastings Planning Commission or Zoning Administrator; and
   5. Any wireless communications equipment which meets the requirements of subsections (c) (1) and (2) but does not meet the requirements of subsection (c)(3) or (4) shall only be approved if the collocation complies with the requirements of subsection 90-1085(d) which requires a special land use permit.
   6. Application and submittal information. An application for the uses permitted by subsection 90-1085(c)(1) above shall be filed with the city and contain the following information unless specifically waived by the zoning administrator:
      1. A complete written and graphic description of the proposed wireless communications equipment and wireless communications support structure. This shall include an illustration of the antenna and support structure to be installed and its design including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.
      2. A statement that the proposed wireless communications equipment and wireless communications support structure will be installed in accordance with the manufacturer's specifications and applicable city codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and wireless communications support structure shall also be provided.
      3. A description of the tower maintenance program.
      4. A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used as permitted in that zoning district.
      5. Security measures including emergency contact personnel.
      6. The applicant shall provide documentation that indemnity and insurance coverage exist for the wireless communications equipment and wireless communications support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the city and the cancellation of such policy shall not be effective without the approval of the city.
      7. All required fees shall be paid to the city at the time of application.
   7. Site plan requirements. The applicant shall also file with the city three copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet containing the following information unless specifically waived by the zoning administrator:
      1. The date on which the site plan was prepared as well as the name of the preparer.
      2. A north arrow and legal description of the property.
      3. The area and dimensions of the parcel containing the tower and antenna including any area leased for the tower.
      4. A location map sufficient to show the character of the area surrounding the proposed antenna and the zoning and land use on adjacent properties.
      5. The height of the tower and antenna and its distance to all property lines.
      6. Any buildings or structures existing on the parcel.
      7. The distance to the closest building on adjacent property.
      8. The location of any overhead transmission lines on the site or on adjacent property which might be affected by the tower.
      9. Any tower supporting structures or devices.
      10. Type and height of fencing to be installed around the tower or an equipment building.
      11. Elevation drawings of any buildings designed to serve the tower.
      12. Access road, width and construction standards along with access easement.
      13. Any lighting proposed to be located on the tower.
   8. Upon approval of the application by the zoning administrator, the applicant may proceed to obtain the applicable building and electrical permits.
4. Wireless communications equipment and wireless communications support structure allowed by special use permit. Wireless communications equipment which is proposed to be mounted or attached to a newly installed wireless communications support structure which will exceed a height of 35 feet or a proposed collocation subject to subsection 90-1085(c)(5) may be allowed in all zoning districts if a special land use permit is approved by the planning commission subject to the 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. Procedures:
      1. An application for a special use permit for wireless communications equipment and wireless communications support structures shall be reviewed for completeness by the zoning administrator or their agent. An application shall be considered complete if it contains all of the information contained in subsections 90-1085(d)(2) and (3) below. Within 14 days of receiving the application the zoning administrator shall notify the applicant in writing of any missing items. Failure to do so shall mean that the special use permit application is considered complete (but not approved).
      2. Once a completed application is received, a public hearing shall be scheduled in accordance with the requirements of subsection 90-1048(d) of this chapter.
      3. The planning commission shall render a decision on a completed application within 90 days of its receipt or 60 days if the collocation is subject to subsection 90-1085(c)(5). Failure to do so shall result in the approval of the application as submitted.
      4. Any conditions imposed upon the approval of the special use permit must relate directly to the requirements of this zoning ordinance and any applicable city ordinances as well as applicable State of Michigan and federal laws.
   2. Application requirements: In addition to normal application requirements, an application for wireless communications equipment and wireless communications support structures which require a special use permit shall include all of the following information unless specifically waived by the planning commission. The fee paid by the applicant shall not exceed the actual cost to process the application or $1000.00, whichever is less.
      1. Proposed use - A complete written and graphic description of the proposed wireless communications equipment and wireless communications support structure. This shall include an illustration of the antenna and support structure to be installed and its design including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.
      2. Location justification - Written materials which document the need for the proposed location.
      3. Ownership interest - The nature and extent of the applicant's ownership or lease interest in the property, building or structure upon which the facilities are proposed for placement.
      4. Co-Locations - Documentation that the applicant has investigated the potential of co-location with other wireless communication service providers or owners of wireless communications support structures located in Hastings or neighboring communities and which may meet the coverage needs of the applicant. The documentation must include written evidence that the applicant has had direct communication and response regarding the potential for co-location with the owners/operators of such other wireless communications support structures. All applications for construction of a wireless communications support structure will be required to provide plans for future co-location with other owners/operators at a fair and reasonable rental rate.
      5. Engineering certification and plans - A statement that the proposed wireless communications equipment and wireless communications support structure will be installed in accordance with the manufacturer's specifications and applicable city codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and wireless communications support structure shall also be provided.
      6. A description of the tower maintenance program.
      7. A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used by a use permitted in that zoning district.
      8. Security measures including emergency contact personnel.
      9. Liability - The applicant shall provide documentation that indemnity and insurance coverage exist for the wireless communications equipment and wireless communications support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the city and the cancellation of such policy shall not be effective without the approval of the city.
   3. Site plan requirements: Fourteen copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet. However, a larger scale may be accepted by the planning commission depending upon the size of the parcel. The plan shall be prepared and sealed by a professional engineer. The site plan shall contain at a minimum the information required by subsection 90-1085(c)(7) above and any information required by article IV, site plan review of this chapter, or as may be required by the planning commission unless specifically waived by the planning commission.
   4. Performance standards. Wireless communications equipment and wireless communications support structures shall comply with all of the following requirements:
      1. Any support structure shall be set back from all lot lines a distance equal to the height of the support structure. The planning commission may modify the setback if it is demonstrated by the applicant that a lesser setback will not threaten adjoining properties or roadways. In no case shall the setback be less than the setback requirement of the zoning district in which the lot is located;
      2. The tower and antenna shall comply with all applicable state construction and electrical codes and local building permit requirements as well as the manufacturer's installation requirements provided they do not conflict with the state and local requirements;
      3. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA, and the minimum FAA lighting standards shall not be exceeded;
      4. The applicant shall provide written documentation of compliance with the Michigan Airport Zoning Act (Public Act 23 of 1950) and the Michigan Tall Structures Act (Public Act 259 of 1959);
      5. A tower or similar structure which has been constructed to support an antenna which is unused or abandoned shall be removed, along with any associated buildings and structures, by the owner/operator within 90 days of the date of a written notice from the city. An extension of 90 days may be granted by the planning commission or zoning administrator as the case may be upon a request from the owner/operator citing extenuating circumstances beyond their control in removing the tower within the initial 90-day period;
      6. In removing the tower, the owner/operator shall comply with the decommissioning plan submitted by the applicant and as approved by the planning commission;
      7. The antenna or tower shall be permanently secured to a stable foundation;
      8. No part of the antenna or tower shall conduct or display any advertising, message or other graphic representation;
      9. All antennas and towers must be grounded to protect against damage from lightning;
      10. All towers shall be located so that they do not interfere with any reception in nearby residential areas. In the event a communication tower causes interference, the communication company shall take all steps necessary to correct and eliminate such interference;
      11. Tower structures and communication facilities shall incorporate a color scheme which reduces visual impact; and
      12. A commercial or public antenna or tower, including accessory buildings and guy wire supporting structures, shall be fully enclosed by a sturdy fence, securely gated, and shall have such height as reasonably determined by the planning commission. The fence may be fitted with barbed wire along the top of the fence if permitted by the planning commission.
      13. Towers may be permitted to be on the same site as another principal use. In its consideration of this, the planning commission shall find that allowing the antenna or tower shall not pose a hazard to nearby buildings, properties and roadways and shall also comply with the special approval standards of this chapter.
   5. Approval standards. In order to approve the application, the planning commission shall find that:
      1. The proposed use and structure meet the special land use approval standards of section 90-1049;
      2. The proposed use and structure meet requirements of this subsection 90-1085(d);
      3. Approval of the project will fill a significant gap in the service coverage of the applicant; and
      4. That alternate sites or facilities for the wireless communications equipment and wireless communications support structure are not available or feasible.
   6. Conditions of approval: Any conditions imposed on an approval must relate directly to this section, other applicable city ordinances and codes and applicable state and federal laws.
   7. Noncompliance with subsection 90-1085(d) requirements. If the planning commission determines to deny an application for special use permit approval because the proposed project does not meet one or more of the requirements contained in subsection 90-1085(d) or any of the special use or site plan standards found elsewhere in this chapter the planning commission shall nevertheless approve the proposed project if the applicant can demonstrate to the satisfaction of the planning commission that no other viable alternative to the installation of the wireless communication structure and equipment can be found which will either provide personal wireless services to the area in question or close a significant gap in the existing service coverage for the area. Pursuant to any such approval by the planning commission, the wireless communication support structure and equipment shall still comply with all of the requirements of subsection 90-1085(d) and other applicable provisions of this section except to the extent that the applicant demonstrates that compliance with a particular requirement or regulation would:
      1. Prohibit or have the effect of prohibiting the providing of personal wireless services to the area, or
      2. Prohibit the applicant from closing a significant gap in existing service coverage to the area involved.

(Ord. No. 511, § I, 6-23-14)

Editor's note - Ord. No. 511, § I, adopted June 23, 2014, amended § 90-1085 in its entirety to read as set out herein. Former § 90-1085 pertained to antennas and towers above a certain height or exceeding a certain dimension and derived from Ord. No. 301, § 8(3.256), adopted Feb. 10, 1997.

Editor's note - Ord. No. 539, § 4, adopted Dec. 27, 2016, repealed § 90-1086 in its entirety. Former § 90-1086 pertained to schools and derived from Ord. No. 301, § 8(3.257), adopted Feb. 10, 1997; Ord. No. 305, § 3, adopted Oct. 27, 1997.

1. Hospitals and permitted accessory uses, including off-street parking, shall be located on a contiguous parcel of land of not less than ten acres. For purposes of this section, contiguous shall mean lands abutting or adjacent and also lands under the control of the hospital but separated by a public street or right-of-way.
2. The parcel shall be located on a major street or state highway as identified in the city's master plan. The parcel shall have a minimum frontage of 300 feet on such street or highway.
3. The site shall be served by public utilities.
4. All vehicular ingress and egress shall be from a major street or highway unless the planning commission determines that access to other streets is needed to reduce traffic hazards for hospital traffic and passing traffic. Such access shall only be allowed if it can be demonstrated that vehicle and pedestrian safety on the other streets that will be used to provide access will not be significantly and adversely affected.
5. Maximum lot coverage by the principal hospital building and all permitted accessory buildings shall not exceed 40 percent.
6. Building height shall not exceed 35 feet.
7. All buildings shall comply with the setbacks of the zoning district in which the hospital is located.
8. If the hospital parcel abuts a residential zone or a single-family dwelling on abutting property, the hospital buildings shall be set back a distance equal to the height of the building.
9. Landscaping and buffering shall be provided as required by article XII of this chapter.
10. Lighting fixtures used to illuminate off-street parking areas shall be so arranged as to deflect the light away from any adjoining residential properties or streets and highways. Lighting fixtures within 100 feet of any residential dwelling shall not exceed 20 feet in height. All other fixtures shall not exceed 35 feet in height unless the planning commission finds that a fixture more than 35 feet high will not result in adverse impact on nearby properties and residents. All light fixtures shall be designed to achieve total luminary cutoff, including exterior building lights.
11. In addition to the medical and health services normally provided by a hospital, the following uses are permitted as hospital related or accessory uses:
    1. Pharmacies.
    2. Ambulance and delivery areas.
    3. Outpatient medical laboratories.
    4. Kitchen and cafeteria.
    5. Laundry facilities.
    6. Conference facilities for in-house use.
    7. Gift shop.
    8. Chapel.
    9. Medical clinics or offices for doctors and physicians authorized to perform or provide services within the hospital.
    10. Facilities for mental health.
    11. Offices and facilities for physical therapy, including exercise rooms, gymnasiums and swimming pools.
    12. Residential facilities occupied by persons employed by the hospital.
    13. Helipads but only if approved as a separate special land use by the planning commission.
    14. Other uses determined by the planning commission to be normal and customary hospital-related uses.
12. Hospitals which existed before the adoption of the ordinance from which this chapter was derived or hospital-owned lands which were purchased before the adoption of the ordinance from which this chapter was derived shall be considered conforming. Such existing hospitals may expand, and such hospital-owned lands may be built upon provided a special land use is obtained from the planning commission. Expansions of existing hospitals shall comply with the requirements of this section.
13. Site development standards pertaining to signs, walls, fences, driveways, sidewalks and other similar physical site improvements excluding building setbacks and height and parking may be modified by the planning commission as part of the conditions of the special land use. In determining whether to approve a modification of these requirements, the planning commission must find, based upon the facts presented by the applicant, that the modification satisfies the standards of approval for a special land use in this chapter and that the modifications is justified due to the nature, size, density, location or design of the proposed special land use.

(Ord. No. 301, § 8(3.258), 2-10-97; Ord. No. 305, § 4, 10-27-97)

For public and institutional use, site development standards pertaining to signs, walls, fences, driveways, sidewalks and other similar physical site improvements, excluding building setbacks and height and parking, may be modified by the planning commission as part of the conditions of the special land use. In determining whether to approve a modification of these requirements, the planning commission must find, based upon the facts presented by the applicant, that the modification satisfies the standards of approval for a special land use in this chapter and that the modification is justified due to the nature, size, density, location or design of the proposed special land use.

(Ord. No. 305, § 5, 10-27-97)

1. An employee or member of the nonprofit agency which operates the crisis shelter shall reside on the premises.
2. The use shall comply with all requirements of the Barry-Eaton District Health Department.
3. The dwelling must maintain the appearance of a single-family house with no exterior modifications made to accommodate or identify the crisis shelter use.
4. The number of people occupying the shelter at any one time shall be determined by the planning commission based on the size of the dwelling and the number of bedrooms provided.
   The planning commission shall also determine the need for off-street parking spaces based on the number and ages of people permitted to occupy the dwelling, the size of the parcel or lot, its location and the availability of public transit.
5. Crisis shelter homes shall be a minimum of 1500 feet apart as measured in a straight line between such dwellings contained the use. The planning commission may allow such uses to be closer together if it can be demonstrated that a closer distance would still comply with the general standards for a special land use as contained in section 90-1049 of this section.
6. The applicant for such use is exempt from the site plan submittal requirements of this section. However, the applicant shall provide information on the number of people proposed to occupy the shelter at any one time. Drawings shall also be submitted illustrating the floor plan of the house and of the house and of the property illustrating all buildings and off street parking areas.

(Ord. No. 357, § VIII, 9-23-02)

1. The total height of an accessory building permitted under this section shall not exceed the total height of the principal building on the same parcel. For purposes of this section, total height shall be the vertical distance measured from the average grade to the highest point of the building.
2. The height of any door opening shall not be greater than ten feet.
3. Accessory buildings which are more than 14 feet in total height shall be setback a minimum of six feet from side lot lines and ten feet from the rear lot line except that the planning commission in its discretion may increase or decrease these setback distances if the increase or decrease is necessary to meet the intent of this section and to ensure that the accessory building does not have a substantial negative impact on nearby properties.
4. Accessory buildings which have a second story shall have at least one window on two sides of the building. Each required window shall be a minimum of 32 inches wide by 48 inches high measured to the outside of the window frame.
5. The exterior of accessory buildings shall be constructed with building materials which match or are similar to the exterior building materials of the principal building located on the same lot or on nearby lots.
6. Accessory buildings shall not be constructed with a flat roof. The roof shall be covered with asphalt, fiberglass, cedar shingles, standing metal seam or another building product which matches or is similar to the roof of the principal building on the same lot or nearby lots.
7. Site plan. A neat and accurate site drawing drawn to scale shall be submitted with the application for a special land use. The drawing shall, at a minimum, contain the following information:
   1. The size, height and location of the proposed accessory building and the existing house on the lot.
   2. Distance of the proposed accessory building from all lot lines.
   3. Buildings on adjacent lots.
   4. Roads abutting the lot.
   5. Any driveway serving the proposed accessory building.
   6. Size and location of existing trees on site.
   7. An architectural elevation drawing illustrating building height, type of exterior building materials, height of door openings and other information necessary to show how the proposed building meets the standards of this section.
8. Review standards. To approve a special land use under this section the planning commission shall find that the request meets the standards of section 90-1049, standards for special land use approval, and the following standards:
   1. The proposed accessory building meets the standards of this section 90-1090.
   2. The size, location, appearance, and architectural style of the proposed building will be compatible with the house on the lot and with the existing building characteristics of the immediate neighborhood.
9. Conditions. In approving a request for a special land use under this section, the planning commission may impose conditions in accordance with section 90-1050, conditions and safeguards for approval of special land uses, and may modify the proposed size of the accessory building in order to achieve compatibility with the character of the neighborhood.

(Ord. No. 449, § II, 10-26-09)

The maximum height requirement for buildings in the city is primarily 35 feet, although in certain zoning districts it increases to 40 feet. While it is the desire of the city that these maximum heights be maintained for consistency, it is recognized that in certain instances a greater building height may be permitted if a proposed building and its use can be determined to benefit the overall goals of the city. It is the intent of this section to allow buildings to exceed the maximum height requirements of its zone when allowed as a special land use by the planning commission in accordance with the procedures and standards of article XIII. In making a determination whether or not to allow a building to exceed the maximum height of the zoning district in which the development project is proposed, the planning commission must find that the proposed building height meets the standards of section 90-1049 and the following requirements and standards:

1. Only buildings in the B1, B2, B3, and D2 zoning districts are subject to the regulations of this section.
2. The proposed building must comply with the requirements of the city fire chief and police chief.
3. The proposed building must be of a size, scale and appearance which is substantially compatible with nearby buildings and the overall skyline of the city.
4. The proposed building shall be setback a minimum of 100 feet from an A-O, A-1, A-2, RR, RS, R1, R2, RD or RM zoning district and shall be setback an additional one foot from the minimum required lot line setback for each one foot that the building exceeds the maximum height limitation of the zoning district in which the building is proposed.
   This additional setback distance shall be taken from the lot line(s) of the lot containing the proposed building which are closest to the residential zone. For example, if a building is proposed to be 45 feet high in the B2 zone which has a maximum building height of 35 feet, then the proposed building must be setback 100 feet plus ten feet, which is the minimum side setback of the B-2 zone, plus an additional ten feet as the proposed building is ten feet higher than the maximum building height in the B-2 zone. The proposed building would then be a minimum of 120 feet from the residential zone.
5. The planning commission shall have the authority to require a greater setback than permitted by this section and to approve a building height which is less than requested by the applicant in order to mitigate any negative effects of the proposed building on nearby residents.

(Ord. No. 471, § II, 2-27-12)

1. Single-family detached dwellings may be used for transitional or emergency housing when occupied by an on-site manager and may house up to six transitional persons (adults and children).
2. A transitional or emergency house shall be considered relative to its proximity to any other transitional or emergency house, public or private school, residential rehabilitation facility, adult day care center, family or group childcare home, or small or large adult foster care facility. A separation of at least 1500 feet as measured between property lines is recommended.
3. Rooms used for sleeping accommodations shall have a maximum of two occupants.
4. Rooms used for sleeping accommodations shall be a minimum size of 100 square feet.
5. The common living area shall be a minimum of 450 square feet or 20 percent of the total dwelling unit floor area, whichever is greater.
6. Parking shall be provided to satisfy demonstrated average parking demands and shall be located on site. The location and design of the parking area shall preserve the residential character of the area.
7. A transitional or emergency house shall maintain the appearance of a single-family dwelling with no exterior modifications made to accommodate or identify the emergency/transitional residence use.
8. Approval by the building inspector is required prior to occupancy of the dwelling. Thereafter, the building inspector shall conduct an annual compliance inspection.
9. The use of the dwelling shall not, in the judgment of the Planning Commission, be detrimental to adjacent land uses and the immediate neighborhood.
10. The Planning Commission may place conditions on the operation of the use in order to mitigate any adverse effects on nearby residents and to maintain the residential quality of the neighborhood.
11. The Planning Commission reserves the right to review on-site management schedules and require up to 24-hour supervision by staff employed by the non-profit or governmental agency operating the facility.
12. The management operating the facility must maintain non-profit or governmental status as a requirement of the special land use.
13. A site plan prepared in accordance with the requirements of Article IV need not be provided. However, the applicant shall provide information on the number of people proposed to occupy the dwelling at any one time. Drawings shall also be submitted illustrating the floor plan of the house and the layout of the property, including the location of all buildings and off street parking areas.
14. Any application submitted under this Section for a special land use permit and any site plans related thereto shall be submitted to the Police and Fire Departments for review and comment.

1. All washing activities must be carried on within a building.
2. Sufficient space shall be provided on the site so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located on the site of the vehicle wash establishment. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the establishment.