Hastings City Zoning Code

1. Zoning administrator.
   1. It is hereby provided that the provisions of this chapter shall be administered and enforced by the zoning administrator and designees of the same. The zoning administrator shall, among other duties, interpret this chapter, and issue all permits and notice of violations, except building and sign permits, provided for in this chapter.
   2. Any use, use of land, activity, structure, or development activity not expressly allowed by this chapter is prohibited, unless the zoning administrator finds that the use is substantially similar in character to a use or item listed in this chapter. An individual may apply to the planning commission for consideration of an amendment to this chapter to include a proposed use in one or more of the zoning districts of this chapter, either as a permitted use or a special land use in accordance with the provisions of section 90-5 of this chapter. At their option and discretion, the planning commission and city council may consider an amendment to this chapter, but are not required to do so.
2. Building inspector. The building inspector shall be responsible to issue permits for the erection or structural alteration of any building or sign as well as the issuance of an occupancy permit for any building or land. The building inspector shall not issue a permit where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter except under written order of the board or the council.
   1. Violations. The building inspector shall investigate any alleged violation of this chapter under their responsibility whether by complaint or arising from their own personal knowledge. If a violation is found to exist, notice shall be served upon the owner to cease the violation. If the owner fails to act diligently to correct the violation after 14 days of notification, the building inspector shall serve notice upon the owner, notify the council, and prosecute a complaint to terminate the violation.
   2. Inspections. The building inspector shall inspect all new construction or alterations at the time footings are placed, at the time the basic walls are completed, and at the time of completion of the authorized construction or alterations. He shall make such additional inspections as he deems necessary for a specific undertaking to ensure compliance with the provisions of this chapter. The building inspector shall also make periodic inspections of the city to ascertain that the requirements of this chapter are being complied with.
   3. Records. The building inspector shall keep records of all inspections, applications and permits issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans, other than for one-family houses, and of all fees submitted with applications. The same shall form a part of the records of his office and shall be available to the council and all other officials of the city.

(Code 1970, § 3.232; Ord. No. 460, § III, 10-25-10)

Editor's note - Ord. No. 460, § III, adopted Oct. 25, 2010, changed the title of § 9-41 from "Duties of the building inspector" to "Duties of the zoning administrator and building inspector". This historical notation has been preserved for reference purposes.

No building or structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished until a permit has been granted by the building inspector. Application therefor shall be filed in duplicate by the owner or his agent, and it shall state the intended use of the structure and of the land. The application shall be accompanied by detailed plans and specifications, a plot plan showing open spaces, the established building lines within the block, and such other information as may be necessary or desirable to provide for the enforcement of this chapter. Plans shall be drawn to scale and shall show actual dimensions in figures. Building and plot plans shall be signed by the person preparing them and by the owner of the property or building involved. The council shall establish by resolution the fee required to defray the costs of administration and inspections, and such fee shall accompany any plans or application. No building permit shall be issued for the erection, construction, reconstruction, structural alteration, or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed to conform in all respects to the provisions of this chapter, and is located on an accepted public street. All building permits shall expire one year from their date of issuance. An expired building permit may be reissued provided all the requirements of this chapter or any subsequent amendments thereto are complied with. A copy of all approved building permits shall be sent to the city assessor.

(Code 1970, § 3.231)

No building permit shall be issued for any building to be occupied by human beings unless provisions have been made to provide public sewer and water to such building. In the absence of public sewer and/or water, plans and necessary soil test data shall be presented to the building inspector, who shall ensure that the proposed plans for water and sewage disposal meet state and municipal standards before issuing a permit.

(Code 1970, § 3.45)

Before issuing a building permit for any construction for any premises intended for a combination of dwelling and commercial occupancy, or that would result in an increased number of dwelling units within a building partly occupied by business usage, or that would result in an increased area devoted to business and industrial usage within a building partly occupied as a dwelling, the building inspector shall refer the plans to the fire chief and the health officer and request their report as to any fire or health hazards that exist or may be expected to exist; and their recommendations as to desirable additional provisions or changes in the interest of safety or health shall be complied with before issuance of a permit.

(Code 1970, § 3.32)

1. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building inspector stating that the premises or building complies with all the provisions of the approved plans and all ordinances of the city. Such certificate of occupancy shall be granted or denied within ten days from the date written application therefor has been received by the building inspector. Where any special use conditions are applicable, those conditions shall be stated on the certificate of occupancy.
2. A record of all certificates of occupancy shall be kept on file in the office of the building inspector, and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected. Where a building permit is not involved, the council shall establish, by resolution, the fees to be charged for each original certificate and for each copy thereof. A copy shall be sent to the city clerk/treasurer and the city assessor by the building inspector.

(Code 1970, § 3.233)

1. Temporary permits may be authorized by the board after a hearing, for the period not to exceed one year, for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, signs and the assembly of building materials. In addition, the board after a hearing may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of those homes within the subdivision for a period of one year, provided all the following requirements are complied with:
   1. The house to be used as such office is built upon a lot approved as part of the approved subdivision and is of substantially similar design as those houses to be sold within the subdivision.
   2. No retail sales or business other than that accessory to the management and sales of the land in the subdivision owned by the applicant shall be permitted.
   3. The dwelling house shall meet all other zoning restrictions of the zone in which it is located.
2. The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such permit may be renewed by the board annually after a hearing.

(Code 1970, § 3.41)

All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 and the other provisions of this section with regard to public notification.

1. Responsibility for public notice: The clerk or their agent shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation the City of Hastings and mailed or delivered as provided in this section.
2. Notice requirements: Notice of a public hearing for a rezoning, special land use, text amendment, planned unit development, variance, appeal, or ordinance interpretation shall be given not less than 15 days before the date of the public hearing. The notice shall be given as follows.
   1. Newspaper notice: The notice shall be published in a newspaper that circulates in the City of Hastings.
   2. Mail and personal notice: The notice shall be sent by first class mail or personal delivery to:
      1. The owner of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
      2. To all persons to whom property is assessed within 300 feet of the boundary of the property subject to the request, and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the boundaries of the City of Hastings. If the name of the occupant is not known, the term "occupant" may be used in making notification. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four or fewer dwelling units, only one occupant of each unit must be given notice for a public hearing.
      3. All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to subsection 90-47(c) registration to receive notice by mail.
   3. Record of mailing: The clerk shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.
   4. Content of notice: The public notice shall:
      1. Describe nature of request: Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.
      2. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.
      3. Indicate the date, time and place of the public hearing(s).
      4. Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.
3. Registration to receive notice by mail: Any neighborhood organization, public utility, company, railroad or any other person may register with the clerk to receive written notice of all applicants for development approval pursuant to subsection 90-47(b)(2)c.

(Ord. No. 407, § I, 8-28-06; Ord. No. 431, § I, 11-24-08)