For the purpose of this chapter, the city is hereby divided into 16 classes of zone districts known as:

(Ord. No. 301, § 2(3.21), 2-10-97; Ord. No. 527, § I, 4-27-15)

The zoning map delineating the zone districts listed in section 90-211 is declared to be a part of this chapter. Except where references on the map to a street line or other designated line by dimensions shown on the map, the district boundary lines follow lot lines or the centerlines of streets or alleys as they existed at the time of the adoption of the ordinance from which this chapter is derived; but where a district line does not coincide with such lot lines or such street centerlines, or where it is not designated by dimensions, it shall be deemed to be 132 feet from the nearest parallel line.

(Code 1970, § 3.22)

Where a district boundary line, as established in this division or as shown on the zoning map, divides a lot or lots in single ownership and on record at the time of enactment of the ordinance from which this chapter is derived, the least restricted use shall not extend beyond such line.

(Code 1970, § 3.23)

Where property shall become annexed to the city, the property shall be zoned automatically as shown by the zoning pattern on the zoning map.

(Code 1970, § 3.24)

Zoning affects every structure and land and the use thereof. Except as hereinafter specified, no structure, land or premises shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except subject to and in conformity with the regulations set forth for the district in which it is located.

(Code 1970, § 3.30)

SITE DEVELOPMENT STANDARDS

Notes:

1. Greater setbacks may be required due to buffer zone requirements (see article XII).
2. If abutting a residential lot the minimum setback shall not be less than two times the height of the building (see sections 90-554 and 90-579).

(Ord. No. 526, § I, 4-27-15)

The purpose of the R-R district is to provide for single-family dwellings at a density of about one dwelling unit per acre. Certain nonresidential uses such as churches, schools, parks and playgrounds are allowed by special use permit depending upon compatibility with adjacent land uses.

(Ord. No. 301, § 7(3.100), 2-10-97)

Land and structures in the R-R district may be used for the following purposes only:

1. Single-family detached dwellings.
2. Raising and keeping of farm animals is permitted provided the area in which they are kept shall be completely enclosed by a fence or similar barrier to prevent trespass onto adjoining properties or roads. Such areas shall be at least 50 feet from adjoining nonfarm property and shall be kept in a sanitary condition consistent with accepted agricultural and health practices. For purposes of this division, farm animals shall include horses, cattle, sheep, swine, poultry, llamas, goats, rabbits, ostriches or other similar animals customarily associated with farming.
3. Adult foster care family homes and family child care homes.
   
4. State licensed adult foster care family homes with no more than six adults. Such facilities shall be at least 1,500 feet apart as measured between property lines.
5. Home occupations as regulated by section 90-775.
6. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
7. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
8. Essential public service equipment.
9. Two-family dwellings on a parcel that has frontage on a state highway as regulated by section 90-885.
10. Single-family dwellings designed as open space preservation projects subject to the requirements of article 9, division 6.
11. Public schools per section 90-810.
12. Accessory Dwelling units as regulated by Secs 90-914/915.
    

(Code 1970, § 3.160; Ord. No. 301, § 7(3.101), 2-10-97; Ord. No. 360 § II, 10-28-02; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the R-R district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Churches, synagogues or other similar places of worship and customary related uses.
2. Public and institutional uses and hospitals.
3. Private schools.
4. Antennas and towers exceeding a height of 35 feet.
5. Noncommercial parks, playgrounds and playfields.
6. Essential public service buildings and structures.
7. Housing for the elderly, retired or those requiring assisted care, including nursing homes.
8. Public and private golf courses.
9. Adult foster care small group homes and group child care homes.
   
10. Child care centers.
    
11. Bed and breakfast establishments.
12. Foster care group home for adults and children.
13. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
14. Commercial kennels.
15. Off-street parking areas for commercial, industrial, multifamily or other nonresidential uses as regulated by section 90-921.
16. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.

(Code 1970, § 3.160; Ord. No. 301, § 7(3.102), 2-10-97; Ord. No. 357, § I, 9-23-02; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the R-R district unless the following requirements are met and maintained:

1. Minimum lot area and width, 44,000 square feet and 150 feet of lot width for all uses.
2. Minimum required building setbacks shall be:
   1. Front yard, 40 feet.
   2. Side yard, for dwellings, a total of 50 feet, provided no side setback shall be less than 20 feet. For all other uses, 30 feet on each side.
   3. For corner lots, the setback along the principal street shall be a minimum of 40 feet while the setback along the secondary street shall be at least 30 feet. The zoning administrator shall determine which is the principal street and which is the secondary street. Generally, the principal street will have a greater volume of traffic than the secondary street.
   4. Rear yard, 25 feet.
3. Maximum building height, 35 feet.
4. Maximum lot coverage, 30 percent.
5. Floor area shall be:
   1. One-story, 1,000 square feet.
   2. Two-story, 750 square feet on the ground floor.
   3. Split-level, bi-level and raised ranch, 800 square feet above grade.
   4. Two-family dwelling, 720 square feet per dwelling.

(Code 1970, § 3.163; Ord. No. 301, § 7(3.104), 2-10-97)

1. Off-street parking in the R-R district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.162; Ord. No. 301, § 7(3.105), 2-10-97)

The R-S district provides for single-family dwelling units at a density of about 2.90 units per acre. This district is intended to be served by public water and sanitary sewer. Regulations contained within this division also provide for the development of certain nonresidential facilities as special land uses, which can provide convenient services while at the same time maintaining the overall residential character of the district.

(Ord. No. 301, § 7(3.110), 2-10-97)

Land and structures in the R-S district may be used for the following purposes only:

1. Single-family detached dwellings.
2. Adult foster care family homes and family child care homes.
   
3. State licensed adult foster care family homes with no more than six adults. Such facilities shall be at least 1,500 feet apart as measured between property lines.
4. Home occupations as regulated by section 90-775.
5. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
6. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
7. Essential public service equipment.
8. Private stables provided there is a minimum of three acres per horse and the area in which the horse is kept is completely enclosed by a fence or similar barrier. Such areas shall be at least 50 feet from adjoining nonfarm property and shall be kept in a sanitary condition consistent with accepted agricultural and health practices.
9. Two-family dwellings on a parcel that has frontage on a state highway as regulated by section 90-885.
10. Single-family dwellings designed as open space preservation projects subject to the requirements of article 9, division 6.
11. Public schools per section 90-810.
12. Accessory Dwelling Units as regulated by Secs 90-914/915

(Code 1970, § 3.170; Ord. No. 301, § 7(3.111), 2-10-97; Ord. No. 360, § III, 10-28-02; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land use in the R-S district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Churches, synagogues or other similar places of worship and customary related uses.
2. Public and institutional uses and hospitals.
3. Private schools.
4. Antennas and towers exceeding a height of 35 feet.
5. Noncommercial parks, playgrounds and playfields.
6. Essential public service buildings and structures.
7. Housing for the elderly, retired or those requiring assisted care, including nursing homes.
8. Public and private golf courses.
9. Adult foster care small group homes and group child care homes.
   
10. Child care centers.
    
11. Bed and breakfast establishments.
12. Foster care group home for seven or more children.
13. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
14. Off-street parking areas for commercial, industrial, multifamily or other nonresidential uses as regulated by section 90-921.
15. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.

(Code 1970, § 3.170; Ord. No. 301, § 7(3.112), 2-10-97; Ord. No. 357, § II, 9-23-02; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the R-S district unless the following requirements are met and maintained:

1. Minimum lot area and width, 15,000 square feet and 99 feet of lot width for all uses.
2. Minimum required building setbacks shall be:
   1. Front yard, 35 feet.
   2. Side yard, for dwellings, a total of 40 feet provided no side setback shall be less than 15 feet. For all other uses, 25 feet on each side.
   3. For corner lots, the setback along the principal street shall be a minimum of 35 feet while the setback along the secondary street shall be at least 25 feet. The zoning administrator shall determine which is the principal street and which is the secondary street. Generally, the principal street will have a greater volume of traffic than the secondary street.
   4. Rear yard, 25 feet.
3. Maximum building height, 35 feet.
4. Maximum lot coverage, 30 percent.
5. The floor area shall be, for:
   1. One-story, 1,000 square feet.
   2. Two-story, 750 square feet on the ground floor.
   3. Split-level, bi-level and raised ranch, 800 square feet above grade.
   4. Two-family dwelling, 720 square feet per dwelling.

(Code 1970, § 3.173; Ord. No. 301, § 7(3.113), 2-10-97)

1. Off-street parking in the R-S district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.172; Ord. No. 301, § 7(3.114), 2-10-97)

The R-1 district provides for single-family detached dwellings as the predominant land use with a maximum density of 4.4 units per acre. Certain public and institutional uses are permitted as special land uses provided they can be compatible with the residential character of the area.

(Ord. No. 301, § 7(3.120), 2-10-97)

Land and structures in the R-1 district may be used for the following purposes only:

1. Single-family detached dwellings.
2. Adult foster care family homes and family child care homes.
3. State licensed adult foster care family homes with no more than six adults. Such facilities shall be at least 1,500 feet apart as measured between property lines.
4. Home occupations as regulated by section 90-775.
5. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
6. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
7. Essential public service equipment.
8. Two-family dwellings on a parcel that has frontage on a state highway as regulated by section 90-885.
9. Public schools per section 90-810.
10. Accessory Dwelling Units as regulated by Secs 90-914/915
    

(Code 1970, § 3.180; Ord. No. 301, § 7(3.121), 2-10-97; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the R-1 district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Churches, synagogues or other similar places of worship and customary related uses.
2. Public and institutional uses and hospitals.
3. Private schools.
4. Antennas and towers exceeding a height of 35 feet.
5. Noncommercial parks, playgrounds and playfields.
6. Essential public service buildings and structures.
7. Housing for the elderly, retired or those requiring assisted care, including nursing homes.
8. Adult foster care small group homes and group child care homes.
9. Child care centers.
10. Bed and breakfast establishments.
11. Foster care group home for seven or more children or adults.
12. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
13. Off-street parking areas for commercial, industrial, multifamily or other nonresidential uses as regulated by section 90-921.
14. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.

(Code 1970, § 3.170; Ord. No. 301, § 7(3.122), 2-10-97; Ord. No. 357, § III, 9-23-02; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the R-1 district unless the following requirements are met and maintained:

1. Minimum lot area 9,900 square feet.
2. Minimum lot width 75 feet.

(Code 1970, § 3.183; Ord. No. 301, § 7(3.123), 2-10-97)

1. Off-street parking in the R-1 district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.182; Ord. No. 301, § 7(3.124), 2-10-97)

The City of Hastings, the Townships of Rutland and Hastings and Barry County have jointly adopted the Hastings Area Plan in order to guide future development in a manner which is consistent with the common goals and objectives of these municipalities. The plan sets forth recommendations on future roads, utility extensions, and land use.

The purpose of the R1-A, one-family residential zone is to provide zoning regulations which are common to each municipality to ensure the consistent application of the recommendations of the Hastings Joint Land Use Plan. The permitted density for residential uses is approximately four units per acre and such density must be served by public water and sanitary sewer.

Subdivisions and site condominiums will be required to be served by these public utilities. Open space subdivisions are encouraged for site condominiums and platted subdivisions.

The R1-A zone is also proposed to serve as a receiving area for the transfer of development credits from agricultural and rural preservation areas in the county. Additional density will be permitted for projects which accept these development credits.

The purposes of this zoning district are also to:

1. Coordinate land use along the boundaries of the city boundary and the adjoining lands in Rutland Township and Hastings Township to achieve compatibility in density, use, function and design.
2. Provide for a connected system of street, pedestrian and bicycle trails between neighborhoods and activity centers.
3. Ensure that public utilities and urban services are provided concurrent with and by new development in a phased and sequential manner with the level of service proportional to the type of land use proposed.
4. Preserve valuable natural areas and open within and adjacent to residential developments.

(Ord. No. 447, § I, 7-27-09)

The regulations of this section shall apply to any land which is planned for moderate density residential land use (MDR) as recommended by the Hastings Area Plan which has been adopted as part of the City of Hastings Comprehensive Community Plan and as are designated on the City of Hastings Zoning Map.

(Ord. No. 447, § I, 7-27-09)

Land and structures in the R1-A district may be used for the following purposes only:

1. Single-family detached dwellings.
2. Adult foster care family homes and family child care homes.
3. State licensed adult foster care family homes with no more than six adults. Such facilities shall be at least 1,500 feet apart as measured between property lines.
4. Home occupations as regulated by section 90-775.
5. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
6. Accessory uses, buildings, and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
7. Essential public service equipment.
8. Two-family dwellings on a parcel that has frontage on a state highway as regulated by section 90-885.
9. Private stables provided there is a minimum of three acres per horse and the area in which the horse is kept is completely enclosed by a fence or similar barrier. Such areas shall be at least 50 feet from adjoining nonfarm property and shall be kept in a sanitary condition consistent with accepted agricultural and health practices.
10. Public schools per section 90-810.

(Ord. No. 447, § I, 7-27-09; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the R1-A district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Churches, synagogues or other similar places of worship and customary related uses.
2. Public and institutional uses and hospitals.
3. Private schools.
4. Antennas and towers exceeding a height of 35 feet.
5. Noncommercial parks, playgrounds and playfields.
6. Essential public service buildings and structures.
7. Housing for the elderly, retired or those requiring assisted care, including nursing homes.
8. Public and private golf courses.
9. Adult foster care small group homes and group child care homes.
10. Child care centers.
11. Bed and breakfast establishments.
12. Foster care group home for seven or more children or adults.
13. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.), provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
14. Off-street parking areas for commercial, industrial, multifamily or other nonresidential uses as regulated by section 90-921.
15. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.

(Ord. No. 447, § I, 7-27-09; Ord. No. 539, § 3, 12-27-16)

Buildings and structures in the R1-A district shall comply with the district regulations of the R-1 zone as contained in section 90-289 and the additional regulations for the R-1 zone contained in section 90-290.

(Ord. No. 447, § I, 7-27-09)

All lands which are within the R1-A, one-family residential zone which are proposed for development according to the State of Michigan Land Division Act of 1966 as amended, being P.A. 591 of 1996, the Condominium Act, being P.A. 59 of 1978, as amended and all land divisions which result in five or more new lots shall be served by public water and sanitary sewer.

(Ord. No. 447, § I, 7-27-09)

In order to achieve one of the objectives of the Hastings Area Plan which is to "provide for a connected system of streets and pedestrian and bicycle trails between neighborhoods and activity centers" all site plans, platted subdivisions and site condominiums shall be designed to provide for the following as may be required by the planning commission:

1. Public and private streets shall be extended to the boundary line of adjacent parcels to allow for the logical continuation of such streets into the adjacent parcel. This extension may be in the form of constructing the road itself to the parcel boundary or providing a right-of-way to the parcel boundary so the road may be constructed at a future date.
2. Sidewalks at least five feet wide, on both sides of the street, shall be installed within the street right-of-way for all plats and site condominiums in accordance with the applicable regulations of the City of Hastings Land Division Ordinance and article 8 of the Hastings Zoning Ordinance, site condominium projects.
3. Within platted subdivisions and site condominiums improved walkways, where practicable, shall be located along certain side lot lines in order to provide an alternative pedestrian travel route to the sidewalk system located within the public right-of-way. These "mid-block" walkways shall be located with an easement and shall not be blocked by the property owner and shall be spaced approximately 600 feet apart.
4. If the plat or site condominium provides common open space for use by its residents, a walking trail shall be provided within this open space if practicable.
5. Street trees and street lights shall be provided at regular intervals within the street right-of-way by the developer of the plat or site condominium if determined to be necessary by the planning commission.

(Ord. No. 447, § I, 7-27-09)

1. Intent. The intent of this section is to provide incentives for dedicated open space to be preserved within any new residential plat or site condominium development as recommended by the Hastings Area Plan. These regulations, which are voluntary, will allow an applicant to likely achieve a few more lots than would otherwise be possible under conventional plat or site condominium development. Further, this section seeks to achieve the following objective:
   1. Identify and preserve natural features of the site proposed for development.
   2. Provide for recreational areas and civic open space within new neighborhoods that are usable, centrally located and accessible to all residents of the neighborhood and which can promote a sense of community and opportunities for interaction among neighbors.
   3. Provide for neighborhood design which has a definable center and an edge, and which provides pedestrian links throughout the development.
2. Authorization. An open space neighborhood shall be a use permitted by right within the R1-A, one-family residential zone, when developed according to the regulations set forth in the City of Hastings Land Division Ordinance and article 8 of the Hastings Zoning Ordinance, site condominium projects.
3. Development requirements. The following regulations, shall apply to an open space neighborhood:
   1. The site shall be developed subject to the regulations of the City of Hastings Land Division Ordinance and article 8 of the Hastings Zoning Ordinance, site condominium projects.
   2. Public water and sewer shall be available to serve the site.
   3. Lot sizes within an OSN shall be an average of 7,000 square feet in area and no lot shall be less then 6,500 square feet in area with a minimum lot width of 60 feet.
   4. Front, side, and rear yard setbacks for all structures and buildings in an OSN may be as follows:
      1. Front: Minimum of 20 feet.
         
      2. Side: Minimum of 6 feet on one side provided that the sum of the dimensions of both side yards shall be no less than 15 feet.
         
      3. Rear: Minimum of 25 feet.
4. Open space requirements.
   1. An OSN shall provide and maintain a minimum of ten percent of the gross site acreage as preserved dedicated open space.
   2. A portion of the dedicated open space, but not more than five percent of the gross site acreage, may consist of woods, wetlands, steep slopes, existing ponds, creeks or floodplain areas.
      
      Dedicated open spaces shall also consist of play areas with play structures, open grass covered fields, ball fields, tennis courts, swimming pools and related buildings, community buildings, and similar recreational facilities, as well as natural areas such as fields and woods.
      
      It is the intent of this section to provide for recreational areas and civic open spaces within an OSN project that are usable, centrally located and accessible to all residents of the neighborhood and to preserve natural site features such as woods, stands of trees, wetlands, ravines, steep hills and similar areas which provide for wildlife habitat, shade, walking trails and pleasing views.
   3. At least one contiguous area of open space shall be centrally located within the development, and shall be maintained as a village square, playground, or park.
   4. The planning commission may require that specific natural features of the site be preserved as part of the dedicated open space. Such features may include stands of trees or woods, specimen trees, wetlands, steep slopes, natural drainage courses or open fields.
   5. Except for those natural site feature areas noted above, an individual open space area shall not be more than 60,000 square feet or less than 10,000 square feet. An OSN project shall contain at least one individual open space area of at least 20,000 square feet.
   6. Narrow bands of open space around the perimeters of sites will generally not qualify as usable dedicated open space, unless those areas are portions of walking trails that connect to larger areas of open space.
   7. Open space areas shall be located so as to be reasonably accessible to all residents of the OSN. Pedestrian access points to the dedicated open space areas from the interior of the OSN shall be provided and shall be clearly identifiable by a sign or improved pathway.
   8. Dedicated open space within the OSN shall be linked, if possible, with any adjacent existing public spaces or walkways.
   9. The planning commission and the city council may, at their discretion, consider variations from the open space requirements contained in subsections 90-291A(d) and (e) provided that the applicant can demonstrate that the intent of the open space neighborhood ordinance is met. However, the amount of dedicated open space shall not be reduced below the requirement in subsection 90-291A(1).
   10. Areas not counted as open space.
       1. The area within all public or private road rights-of-way.
       2. The area within a platted lot, or site condominium unit occupied or to be occupied by a building or structure.
       3. Off-street parking areas.
       4. Detention and retention ponds created to serve the project.
       5. Sidewalks, excepting those walkways that are a portion of a dedicated trail system. However, trail systems alone may not constitute the entire percentage of the dedicated open space.
   11. Guarantee of open space. The applicant shall provide an open space preservation and maintenance agreement to the city council stating that all dedicated open space portions of the development shall be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in title to commitments made as part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the city council and the land uses continue as approved in the plat or site condominium, unless an amendment is approved by the city council.
       
       The agreement must be acceptable to the city council and may consist of a dedicated park, a recorded deed restriction, covenants that run perpetually with the land or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980 as amended.
       
       The agreement shall:
       1. Indicate the allowable use(s) of the dedicated open space.
       2. Require that the dedicated open space be maintained by parties who have an ownership interest in the open space, whether those parties are of a private or municipal nature.
       3. Provide standards for scheduled maintenance of the dedicated open space including necessary maintenance of vegetation, and repair, maintenance or management of site amenities and facilities.
       4. Provide for maintenance to be undertaken by the city council in its discretion in the event that the dedicated open space is inadequately maintained, or is determined to be a public nuisance. Any costs incurred by the city shall be assessed to the owners of the property within the OSN.
5. Design standards for open space neighborhoods.
   1. Within an OSN, lots shall be located to face upon the centrally located village green or play area so as to promote visibility, monitoring, and safety of the area.
      
      This central green or play area shall be adjacent to the public or private roadway. Ideally, the central green or play area should be encircled by the roadway or by a sidewalk.
   2. Within the OSN, the edge of any central green or play area shall be located no more than 1,320 feet (one-quarter mile) from another green, play area, or other dedicated open space. In addition, no lot within an OSN shall be located further than 1,320 feet (one-quarter mile) from any central green, play area, or natural area.
   3. Stormwater shall be substantially managed with such techniques as vegetated swales, rain gardens, stone weirs or dikes, sediment basins and shallow stormwater areas. Stormwater shall be minimally managed with conventional stormwater management structures such as gutters, catch basins, underground pipes, detention ponds, and retention ponds.
   4. Stormwater detention ponds shall be required, if necessary, for the containment of estimated surface water runoff. Such ponds shall be placed at locations that will not detract from visual amenities along the streetscape or result in a hazard to pedestrians in the immediate area.

(Ord. No. 447, § I, 7-27-09)

It is the intent of this division to cooperate with the neighboring jurisdictions to guide growth and development in the Hastings area in a manner that benefits all communities. It is hereby determined that standards and regulations that permit or encourage competing high density residential or commercial or industrial uses of any kind outside the Hastings joint planning area will be in conflict with the intent of this division and are expressly prohibited. In keeping with the inter-jurisdictional cooperation that embodies the plan and this district, the provisions of this section shall not be amended by the City of Hastings to permit such competing uses without the approval of all signatories to the Hastings Area Joint Planning Agreement.

(Ord. No. 447, § I, 7-27-09)

The R-2 district is intended to provide opportunities for single-family housing at a density of 5.45 units per acre. Uses within this district are intended to be served by public water and sanitary sewer. Certain nonresidential uses that are compatible with surrounding uses would be allowed as special land uses.

(Ord. No. 301, § 7(3.150), 2-10-97)

Land and structures in the R-2 district may be used for the following purposes only:

1. Single-family detached dwellings.
2. Two-family dwellings.
   
3. Adult foster care family homes and family child care homes.
   
4. State licensed adult foster care family homes with no more than six adults. Such facilities shall be at least 1,500 feet apart as measured between property lines.
5. Home occupations as regulated by section 90-775.
6. Private communication antennas not exceeding 35 feet in height as regulated by section 90-921.
7. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this article.
8. Essential public service equipment.
9. Public schools per section 90-810.
10. Accessory Dwelling Units as regulated by Secs 90-914/915.
    

(Code 1970, § 3.190; Ord. No. 301, § 7(3.151), 2-10-97; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the R-2 district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Churches, synagogues or other similar places of worship and customary related uses.
2. Public and institutional uses and hospitals.
3. Private schools.
4. Antennas and towers exceeding a height of 35 feet.
5. Noncommercial parks, playgrounds and playfields.
6. Essential public service buildings and structures.
7. Housing for the elderly, retired or those requiring assisted care, including nursing homes.
8. Adult foster care small group homes and group child care homes.
9. Child care centers.
10. Bed and breakfast establishments.
11. Foster care group home for seven or more children or adults.
12. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
13. Off-street parking areas for commercial, industrial, multifamily or other nonresidential uses as regulated by section 90-921.
14. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.
15. Crisis mentoring family home operated by a nonprofit agency, as defined by the federal government, providing family mentoring for crisis pregnancies, parent-child crisis, relationship crisis and family roles in crisis. Such use shall be subject to the following requirements:
    1. Such use shall be located in an existing single-family dwelling.
    2. Such use shall only be permitted on lots which have frontage on state highways and West Green Street.
    3. Parking for employees, volunteers, clients, and other users of the facility shall be provided on site.
    4. Overnight or weekend use of the dwelling for training workshops and similar activities may be permitted with specific approval of the planning commission.
    5. No signs shall be permitted except for an unlighted nameplate not to exceed 144 square inches attached to the dwelling.
    6. The planning commission may place conditions on the operation of the use including limiting the number of employees on site at any one time, limiting the days and hours of operation in order to mitigate any adverse effects on nearby residents and to maintain the residential quality of the neighborhood.
    7. A site plan prepared in accordance with the requirements of section (4) need not be provided. However, an accurate drawing shall be provided illustrating the property lines, existing buildings, off-street parking area and other existing conditions relevant to the request.
16. Transitional or Emergency Housing.
    

(Code 1970, § 3.190; Ord. No. 301, § 7(3.152), 2-10-97; Ord. No. 357, § IV, 9-23-02; Ord. No. 441, § I, 4-27-09; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the R-2 district unless the following requirements are met and maintained:

1. Minimum lot area 8,000 square feet.
2. Minimum lot width 66 feet.

(Code 1970, § 3.193; Ord. No. 301, § 7(3.153), 2-10-97)

1. Off-street parking in the R-2 district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.192; Ord. No. 301, § 7(3.154), 2-10-97)

The intent of the R-D zoning district is to establish a district where both single-family and two-family dwelling units are allowed as a use by right. Three-family and four-family dwelling units would also be allowed as special land uses as would certain nonresidential uses. The uses permitted within this district would be served by public water and sanitary sewer.

(Ord. No. 301, § 7(3.160), 2-10-97)

Land and structures in the R-D district may be used for the following purposes only:

1. Single-family detached dwellings.
2. Two-family dwelling units.
3. Adult foster care family homes and family child care homes.
4. State licensed adult foster care family homes with no more than six adults. Such facilities shall be at least 1,500 feet apart as measured between property lines.
5. Home occupations as regulated by section 90-775.
6. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
7. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
8. Essential public service equipment.
9. Public schools per section 90-810.
10. Accessory Dwelling Units as regulated by Secs 90-914/915.
    

(Code 1970, § 3.220; Ord. No. 301, § 7(3.161), 2-10-97; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the R-D district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Three-family and four-family dwellings.
2. Churches, synagogues or other similar places of worship and customary related uses.
3. Public and institutional uses and hospitals.
4. Private schools.
5. Antennas and towers exceeding a height of 35 feet.
6. Noncommercial parks, playgrounds and playfields.
7. Essential public service buildings and structures.
8. Housing for the elderly, retired or those requiring assisted care, including nursing homes.
9. Adult foster care small group homes and group child care homes.
10. Child care centers.
11. Bed and breakfast establishments.
12. Foster care group home for seven or more children and adults.
13. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
14. Off-street parking areas for commercial, industrial, multifamily or other nonresidential uses as regulated by section 90-921.
15. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.
16. Transitional or Emergency Housing.
    

(Code 1970, § 3.220; Ord. No. 301, § 7(3.162), 2-10-97; Ord. No. 357, § V, 9-23-02; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the R-D district unless the following requirements are met and maintained:

1. Minimum lot area 9,900 square feet
2. Minimum lot width 75 feet.

(Code 1970, § 3.223; Ord. No. 301, § 7(3.163), 2-10-97)

1. Off-street parking in the R-D district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.222; Ord. No. 301, § 7(3.164), 2-10-97)

The R-M district is intended to provide for suitable areas for mobile home parks and other compatible uses. The regulations contained in this division are intended to ensure that mobile home parks will provide a comfortable, pleasing and safe environment for persons who seek mobile home residence by providing for safe and adequate vehicular and pedestrian movement on the site. These regulations are also intended to protect the public health of mobile home park residents by ensuring that mobile home parks will be served adequately by essential public facilities such as access streets, public water, sanitary sewer, stormwater drainage facilities, and police and fire protection.

(Code 1970, § 3.206)

In connection with a request for a rezoning to the R-M district, a preliminary sketch plan shall be submitted along with the information required by section 90-5(c). The preliminary plan shall illustrate the general layout of the mobile home park, the number and type of units proposed, vehicle circulation pattern, buffering treatment along perimeter lots, and a statement about how the proposed use will be served by the public utilities.

(Code 1970, § 3.207)

A mobile home park is a permitted use in the R-M district. Within a mobile home park the following uses shall be permitted by right:

1. Mobile homes.
2. Modular dwelling units.
3. Mobile home condominium projects as regulated by the Condominium Act, Act No. 50 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq.).
4. Parks, playgrounds, community building, open space areas, and other facilities for use by mobile home park tenants.
5. Accessory buildings and uses and permitted under the regulations of this division.
6. Customary home occupations as regulated by section 90-775.
7. Utility buildings used for laundry facilities by mobile home park tenants, or for storage space for personal property of mobile home park tenants.
8. The sale of mobile homes by individual resident owners, and the sale of mobile home model units by a licensed dealer/broker on individual mobile home sites when they are blocked, leveled, skirted, and otherwise appear to be completely installed on site. The establishment of a commercial sales lot offering mobile homes for placement on sites other than the mobile home park where offered for sale shall not be permitted.
9. One office building per mobile home park to be used exclusively for conducting the business operations of the mobile home park.
10. Church, school and public uses, provided that any building or structure is located at least 40 feet from any lot line.

(Code 1970, § 3.208)

All mobile home parks shall comply with the applicable requirements of Act No. 96 of the Public Acts of Michigan of 1987 (MCL 125.2301 et seq.), provided the developments meet the standards and conditions and all other provisions as established in this division.

(Code 1970, § 3.209)

1. Access. The mobile home park main entry street shall have vehicular access connected to a major street or state highway as designated on the city street system map. The street must be paved and of sufficient design capacity to safely and effectively handle any increased traffic that may be generated by the mobile home park.
2. Minimum park size. The minimum size for a mobile home park shall be 15 contiguous acres. A mobile home park site that has frontage on a public street other than the access road serving the site shall have a minimum of 150 feet abutting the public street.
3. Utilities. A mobile home park shall be served by public water and sewer.

(Code 1970, § 3.209A)

1. Mobile home site dimensions. The mobile home park shall be developed with sites averaging 5,500 square feet per mobile home. This 5,500 square feet for any one site may be reduced by 20 percent provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space; but in no case shall the open and distance requirements be less than that required under R 125.1946, rule 946 and R 125.1941 and R 125.1944, rules 941 and 944 of the Michigan Administrative Code.
2. Setbacks. In addition to the restrictions of the state mobile home commission regulations, a mobile home shall be located no closer than 20 feet from an internal road and no closer than 20 feet from the boundary line of a mobile home park or mobile home condominium. A mobile home, accessory building, utility building or mobile home park office building shall not be located closer than 50 feet to a public right-of-way.
3. Screening. The following regulations for screening shall apply:
   1. If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
   2. If the park abuts a nonresidential development, the park need not provide screening.
   3. In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.
   4. Required screening shall be installed according to the following regulations:
      1. Trees shall be planted a maximum of 30 feet on center along the length of the common lot line.
      2. A minimum of two shrubs for each 15 feet in length of the common lot line.
      3. All trees planted in a required landscaped area shall be a minimum of 1½-inch caliper at least five feet in height. Shrubs shall have a minimum of 36 inches of height at planting.
      4. All plantings in the buffer strip shall be hardy plant materials and maintained thereafter in a neat and orderly manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season.
      5. Required plantings may be reduced by half if a three-foot to five-foot high earthen berm is provided along the common boundary line.
      6. Alternative screening such as solid fencing may be utilized as permitted by the planning commission if such devices are considered as effective in screening the park as a landscaped buffer.
4. Open space. Open space areas shall be provided as required by the state mobile home commission rules. The open space areas shall comply with the following:
   1. At least one open space area in each mobile home park shall contain an area of not less than 20,000 contiguous square feet.
   2. In order to be considered an open space area, the area must be at least 15 feet in width and must contain not less than 500 contiguous square feet.
   3. Open space areas shall not include existing and proposed street rights-of-way, parking areas, mobile home sites, or nonrecreational buildings.
   4. Open space areas may be located within the 100-year floodplain, and within areas used for stormwater detention.
5. Ground cover. All unpaved ground surfaces in a mobile home park must be planted with trees, grass or shrubs, or ground cover capable of preventing soil erosion.
6. Drainage. The ground surface in all parts of a mobile home park shall be graded and equipped to drain all surface water in a safe and efficient manner. The mobile home park shall also comply with the state department of health standards for drainage.
7. Storage of recreational vehicles. The storage of recreational vehicles shall be permitted only in the storage area designated by the owner/operator of the mobile home park. This storage area shall be completely screened around its entire perimeter by a solid-type screening device at least six feet in height or by plantings of sufficient size to provide a similar screen.
8. Recreational areas. If a recreational area is to be provided in a mobile home park, such area shall be designated on the preliminary plan, and if so designated, must be developed and maintained. Such area shall be protected from vehicular intrusion. The development and maintenance of each recreational area shall be the responsibility of the park manager.
9. Utilities. Public sanitary sewer and water shall be connected to all mobile home or manufactured housing units located in the mobile home park according to the applicable regulations of the state mobile home commission. The homes in a mobile home park do not have to be separately metered, although the park itself must be metered. Such utilities for mobile or manufactured homes located in the mobile home park shall be designed, installed, operated and maintained in accordance with mobile home commission regulations and the state department of public health.
10. Lighting. The lighting system in the mobile home park shall comply with the requirements of state mobile home commission regulations.
11. Signs. A mobile home park may have one double-faced sign not to exceed 12 square feet in area per side or two one-sided signs with each sign limited to 12 square feet in area. All other requirements for signs in a mobile home park district shall be regulated by article XI of this chapter.
12. Traffic circulation.
    1. Access. Each mobile home park shall have at least two points of access from a major street or state highway. A boulevard entrance having two traffic lanes each 20 feet in width with a median at least 15 feet wide shall satisfy this requirement. All ingress to and egress from such street shall be a minimum of 125 feet from any other curb cut, or from any intersection of two public streets outside the mobile home park.
    2. Street regulations. Public streets shall be constructed to meet the standards of the city. All private streets located within the boundaries of a mobile home park shall meet the following standards:
       1. One-way roads within a mobile home park shall be a minimum of 18 feet wide if no parking is provided and a minimum of 24 feet wide if parking is provided along one side.
       2. All two-way roads within a mobile home park shall have a minimum width of 24 feet, with no parking on the roadway. Two-way roads with one lane of parking on the roadway shall have a minimum width of 33 feet. Two-lane roads with two lanes of parking on the roadway shall have a minimum width of 44 feet.
       3. All road widths shall be measured to the back of the curb.
13. Curbing. Curbing may be provided along all private internal roadways. Curbing, if installed, shall at a minimum be constructed in compliance with the construction standards of the state mobile home commission.
14. Parking requirements. Parking shall be provided as required by the state mobile home commission rules.
15. Paving. All streets and parking areas in a mobile home park shall at a minimum be paved with an asphalt or concrete surface that complies with the requirements of the American Association of State Highway and Transportation Officials (AASHTO).
16. Sidewalks.
    1. Paved sidewalks, if provided on any street in a mobile home park other than a public street, shall be at least four feet in width and shall otherwise comply with the requirements of the state mobile home commission regulations. Such sidewalks shall be required to be provided on both sides of all two-way streets functioning as main collector streets with the mobile home park.
    2. Sidewalks located along streets dedicated to the public shall be at least five feet in width.

(Code 1970, § 3.209B)

1. Maximum height. The maximum height for any building or structure in a mobile home park shall not exceed the lesser of 25 feet or 1½ stories.
2. Minimum floor area. The minimum floor area for any dwelling in a mobile home park shall be 720 square feet, exclusive of garage, basement or porch.
3. Mobile home foundation. Mobile home parks shall be in compliance with state mobile home commission standards for provision of a home site in a mobile home park.
4. Installation. Each mobile home site shall be installed pursuant to the manufacturer's setup instructions and pursuant to state mobile home commission regulations. Each mobile home shall be secured to the premises by an anchoring system or device comparable with state mobile home commission regulations.
5. Accessory buildings. One accessory building for private use may be placed on each mobile home site, not to exceed 120 square feet in area. It shall be permitted only in the rear or side yard of the mobile home site and shall not be located closer than ten feet to any mobile home or manufactured housing unit. If the accessory building or use is located within ten feet of or attached to the principal structure, it must have a fire wall on the side of the building facing the principal use. The fire wall shall comply with the building code of the city.
6. Skirting. All mobile homes located in a mobile home park within the city shall be required to be skirted in accordance with state mobile home commission rule 604.
7. Anchoring. All mobile homes shall be required to be anchored in accordance with state mobile home commission rules 605, 607 and 608.
8. Unit certification. Any mobile home built since 1976 must be certified by HUD (department of housing and urban development). Mobile homes or modular dwellings constructed prior to 1976 shall meet all the requirements and specifications of the state construction code, the ANSI code, or any other applicable code.

(Code 1970, § 3.209C)

Application of the construction, alteration or extension of a mobile home park on a site which is zoned R-M shall be accompanied by a site plan of the proposed park and all permanent buildings. This site plan shall be in conformance with the provisions and requirements of article IV of this chapter. In addition, a public hearing shall be held by the planning commission before approval of any site plan for a mobile home park in accordance with the notice requirements of section 90-5.

(Code 1970, § 3.209D)

The zoning administrator, building inspector, health officer, or any of their authorized agents may inspect the mobile home park whenever there is reasonable cause to believe the mobile home commission act, Act No. 96 of the Public Acts of Michigan of 1987 (MCL 559.101 et seq.) and the accompanying promulgated rules, or any provision of a local ordinance applicable to the mobile home park in accordance with such act and rules, have been violated.

(Code 1970, § 3.209E)

A request for a variance from the regulations of this division shall comply with the requirements of Act No. 96 of the Public Acts of Michigan of 1987 (MCL 559.101 et seq.).

(Code 1970, § 3.209F)

The A-1 district is designed to allow apartments at a higher density than the A-2 district. Public water and sanitary sewer are necessary for uses in this district.

(Ord. No. 301, § 7(3.170), 2-10-97)

Land and structures in the A-1 district may be used for the following purposes only:

1. 
   
2. Multiple-family dwellings with no more than eight units per building and a maximum density of 14 units per acre.
3. Two-family dwelling units.
4. Adult foster care family homes and family child care homes.
   
5. Housing for the elderly, retired or those requiring assisted care.
   
6. Home occupations as regulated by section 90-775.
7. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
8. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
9. Essential public service equipment.
10. Public schools per section 90-810.
    
11. Accessory Dwelling Units as regulated by Secs 90-914/915.
    

(Code 1970, § 3.210; Ord. No. 301, § 7(3.171), 2-10-97; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the A-1 district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Multiple-family dwellings with no more than 24 units per building and a maximum density of 14 units per acre.
2. Churches, synagogues or other similar places of worship and customary related uses.
3. Public and institutional uses and hospitals.
4. Private schools.
5. Antennas and towers exceeding a height of 35 feet.
6. Noncommercial parks, playgrounds and playfields.
7. Essential public service buildings and structures.
8. Adult foster care small group homes and group child care homes.
   
9. Child care centers.
   
10. Bed and breakfast establishments.
11. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
12. Foster care group home for seven or more children or adults.
13. Crisis shelter homes within a single-family dwelling operated by a nonprofit agency which provide temporary housing for families or individuals involved in domestic violence or similar crisis situations which prevent them from staying in their own homes.
14. Transitional or emergency housing.
    

(Code 1970, § 3.210; Ord. No. 301, § 7(3.172), 2-10-97; Ord. No. 357, § VI, 9-23-02; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the A-1 district unless the following requirements are met and maintained.

1. Minimum lot area 6,600 square feet
2. Minimum lot width 66 feet.
   
(Code 1970, § 3.212; Ord. No. 301, § 7(3.173), 2-10-97; Ord. No. 399, § 1, 7-25-05)

For multifamily developments consisting of more than one acre, a minimum of ten percent of the gross site area shall be preserved and maintained as common open space for use by all residents and property owners of the development. This open space shall be subject to the following regulations:

1. For purposes of this section, open space shall be deemed to be only those areas having a minimum dimension of 50 feet by 100 feet.
2. Land in public or private streets, sidewalks and parking areas shall not be considered to be open space; but wetlands and other nonbuildable areas may be considered open space.
3. The required amount of open space may be reduced by one-third if a recreational facility or equipment is provided for use by residents. Such facilities or equipment may include but shall not be limited to tennis courts, swimming pools, children's play structures, community buildings or exercise equipment.

(Ord. No. 301, § 7(3.174), 2-10-97)

During the review of a site plan for a residential development proposed under this division, the planning commission shall determine the need for and the type of secondary or emergency vehicle access necessary to serve the proposed project. In making this determination, the following criteria shall be considered:

1. Number and size of buildings and/or dwelling units that make up the project.
2. Type of interior roadway serving the project.
3. Interior circulation system.
4. Topography and other natural features of the site.
5. Adjacent land uses.
6. Feasibility of achieving a secondary means of access.
7. Comments of the city administrative staff.
8. Availability of public utilities.

(Ord. No. 301, § 7(3.175), 2-10-97)

1. Off-street parking in the A-1 district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.212; Ord. No. 301, § 7(3.176), 2-10-97)

The intent of this district is to implement one of the recommendations of the 2007 Community Comprehensive Plan for the City of Hastings. Specifically, the plan calls for the establishment of a transitional edge area south and west of the central business district and along Hanover Street from East State Street and West Green Street. The existing physical form of much of this area is a neighborhood of single-family houses, churches, offices, and a funeral home. The area serves as a transition from the CBD to the well-maintained single-family neighborhoods south of Green Street and west of Broadway and west of Hanover Street.

The comprehensive community plan calls for the retention of the existing single-family structures but allowing for their conversion to offices and multi-family use. Permitted uses will be the same or similar to those allowed in the apartment-office district. Demolition of existing buildings to provide off-street parking is discouraged. New construction is to be designed to ensure compatibility with the residential scale and character of existing buildings.

(Ord. No. 475, § I, 2-27-12)

Land and structures in the apartment edge district may be used for the following purposes only:

1. 
   
2. Two-family dwelling units;
3. Three- and four-family dwelling units;
4. Adult foster care homes and child day care homes;
5. Offices and other uses as permitted by section 90-477 herein;
6. Housing for the elderly, retired or those requiring assisted care, including nursing homes, subject to the standards of section 90-1080;
7. Home occupations as regulated by section 90-775;
8. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833;
9. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter;
10. Essential public service equipment.
11. Public schools per section 90-810.
12. Accessory Dwelling Units as regulated by Secs 90-914/915.
    

(Ord. No. 475, § I, 2-27-12; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the A-2 district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

2. Churches, synagogues or other similar places of worship and customary related uses;
3. Public and institutional uses and hospitals;
4. Private schools.
5. Antennas and towers exceeding a height of 35 feet;
6. Non-commercial parks, playgrounds and playfields;
7. Essential public service buildings and structures;
8. Adult foster care small group homes and group child care homes.
9. Child care centers.
10. Bed and breakfast establishments;
11. Gathering halls, lodges, or clubs of fraternal organizations, including accessory uses of such buildings, including, but are not limited to, garage sales, flea markets, art sales, wedding receptions and similar gatherings within such buildings as may be permitted by the planning commission.
12. Accessory buildings which are more than one story in height and which are similar in architectural style to the principal building on the property per section 90-1090 herein.

(Ord. No. 475, § I, 2-27-12; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the A-2 district unless the following requirements are met and maintained:

1. Minimum lot area 6,600 square feet.
2. Minimum lot width 66 feet.

(Ord. No. 475, § I, 2-27-12; Ord. No. 287, § I, 12-26-12)

Off-street parking shall be as required by article X except that in the review of a site plan the planning commission may reduce the parking requirements by no more than 30 percent if it can be demonstrated that based on the use the required number of parking spaces is not needed. The commission may take into consideration that some portion of the required parking spaces can be reasonably provided by on-street parking spaces or municipal parking lots located within 300 feet of the proposed building.

Parking on site must be located behind the principal building and be designed so vehicles do not need to back into the public street when exiting the site.

(Ord. No. 475, § I, 2-27-12)

1. New non-residential buildings shall have an architectural style respecting the scale, proportion, character, and materials of the buildings in the A-2 zoning district and the nearby buildings in the central business district. The mass and length of large buildings shall be deemphasized in a variety of ways, including the use of projecting and recessed sections to reduce their apparent over all bulk and volume and provide visual appeal.
2. Buildings shall be topped with pitched roofs with overhanging eaves, but flat roofs with articulated parapets and cornices may be permitted. Materials for pitched roofs shall include shingles (either wood or asphalt composition), slate, tiles or other material similar to the roofs on nearby buildings.
3. Exterior wall materials may consist of brick, stucco, wood, vinyl aggregate or split-face block, stone or similar decorative material which is similar to the exteriors of nearby buildings. Metal-sided buildings, including accessory buildings, may be acceptable provided the appearance of such buildings is compatible with the style and materials of nearby existing buildings.
4. Awnings, canopies, porches and similar architectural features shall be encouraged to be provided for non-residential buildings as a means to visually integrate new buildings in the A-2 zoning district with the central business zoning district.
5. The primary entrance to the building shall be visible from and face the street from which the address of the building is derived.
6. In recognition of developing technologies in building materials, the planning commission may agree to approve other materials noted in (b) and (c) above provided that they are compatible with surrounding properties, and further provided that such materials meet appropriate architectural, aesthetic, and safety concerns as may be provided for in any duly adopted ordinances and/or building and fire codes.

(Ord. No. 475, § I, 2-27-12)

1. Dumpsters shall be kept within a fenced or brick walled area which shall be at least six feet high and located so that their use, including emptying, does not pose a nuisance to nearby residents.
2. Existing single-family houses on Green Street, Broadway Street, Hanover Street and East State Street which are proposed to be converted to other uses as permitted by this article shall comply with the following requirements:
   1. The proposed use shall be subject to site plan review as regulated by Section 90-127.
   2. The primary entrance to the building shall be visible from and face the street from which the address of the building is derived.
   3. The building shall comply with the requirements of the building code.
   4. Exterior defects in the building or property such as cracked, chipped or peeling siding, cracked sidewalk, unkempt lawn or landscaping shall be identified as part of the site plan review process and corrected before the building is occupied.
   5. Vehicle access to the property shall be determined during review of the site plan. The existing driveway may be required to be closed in order to achieve safe access.
3. A walkway shall be provided from the existing or proposed sidewalk within the right-of-way to the primary building entrance.
4. The floor area shall be, for:
   1. Single-family dwellings: same as the R-2 zoning district.
   2. Two-family, three-family and four-family buildings: a minimum of 720 square feet per dwelling unit.
   3. All multiple-family buildings with more than four dwelling units: a minimum of 600 square feet per dwelling unit.

(Ord. No. 475, § I, 2-27-12)

For multifamily developments consisting of more than one acre, a minimum of ten percent of the gross site area shall be preserved and maintained as common open space for use by all residents and property owners of the development. This open space shall be subject to the following regulations:

1. For purposes of this section, open space shall be deemed to be only those areas having a minimum dimension of 50 feet by 100 feet.
2. Land in public or private streets, sidewalks and parking areas shall not be considered to be open space; but wetlands and other non-buildable areas may be considered open space.
3. The required amount of open space may be reduced by one-third if a recreational facility or equipment is provided for use by residents. Such facilities or equipment may include, but shall not be limited to, tennis courts, swimming pools, children's play structures, community buildings or exercise equipment.

(Ord. No. 475, § I, 2-27-12)

Landscaping shall be provided in accordance with the requirements of article XII of the zoning ordinance, although shade trees shall be emphasized in order to provide shade, continuity in landscape design and visibility of storefronts.

(Ord. No. 475, § I, 2-27-12)

It is the intent of the A-O district to allow apartments and office buildings to be established within the same zone. Other uses compatible with apartments and offices would also be allowed. Public water and sanitary sewer is necessary for uses in this district.

(Ord. No. 301, § 7(3.170A), 2-10-97)

Land and structures in the A-O district may be used for the following purposes only:

2. Multiple-family dwellings with no more than eight units per building and a maximum density of 14 units per acre.
3. Two-family dwelling units.
4. Adult foster care family homes and family child care homes.
5. Offices permitted by section 90-477 and other uses.
6. Housing for the elderly, retired or those requiring assisted care, including nursing homes, subject to the standards of section 90-1080.
7. Home occupations as regulated by section 90-775.
8. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
9. Accessory uses, buildings and structures customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
10. Essential public service equipment.
11. Public schools per section 90-810.
12. Accessory Dwelling Units as regulated by Secs 90-914/915.
    

(Code 1970, § 3.200; Ord. No. 301, § 7(3.171A), 2-10-97; Ord. No. 539, § 2, 12-27-16)

The following uses may be permitted as special land uses in the A-O district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Multiple-family dwellings with no more than 24 units per building and a maximum density of 14 units per acre.
2. Churches, synagogues or other similar places of worship and customary related uses.
3. Public and institutional uses and hospitals.
4. Private schools.
5. Antennas and towers exceeding a height of 35 feet.
6. Noncommercial parks, playgrounds and playfields.
7. Essential public service buildings and structures.
8. Adult foster care small group homes and group child care homes.
9. Child care centers.
10. Bed and breakfast establishments.
11. Residential substance abuse treatment facility as licensed under Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6233 et seq.) provided such facility is at least 800 feet from a similar facility or a licensed child day care home or center.
12. Gathering halls, lodges, or clubs of fraternal organizations.
13. Accessory buildings which are more than one story in height and which are similar in architectural style to the principal building on the property per the requirements of section 90-1090 herein, except that such buildings shall still comply with the building size requirements of subsection 90-831(d). Other regulations of section 90-1090 shall supersede all conflicting regulations of section 90-831.
14. Transitional or emergency housing.
    

(Code 1970, § 3.200; Ord. No. 301, § 7(3.172), 2-10-97; Ord. No. 461, § I, 11-22-10; Ord. No. 539, § 3, 12-27-16)

Buildings and structures shall not be erected or enlarged in the A-O district unless the following requirements are met and maintained:

1. Minimum lot area 6,600 square feet
2. Minimum lot width 66 feet.
   

(Code 1970, § 3.203; Ord. No. 301, § 7(3.173A), 2-10-97)

1. Off-street parking in the A-O district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.202; Ord. No. 301, § 7(3.175A), 2-10-97)

Editor's note - Ord. No. 475, § II, adopted Feb. 27, 2012, repealed Div.10A, §§ 90-456—90-464, in its entirety, which pertained to neighborhood Edge District and derived from Ord. No. 449, § I, adopted Oct. 26, 2009.

It is the intent of this division to provide for a variety of office uses of a business and professional nature as well as activities compatible with these uses. It is also the intent of this division to direct office uses to areas having access to arterial streets. The regulations contained in this division are designed to encourage a harmonious relationship between the office district and abutting land uses and provide a transition between arterial streets and residential areas.

(Ord. No. 474, § I, 2-27-12)

Land and structures in the office district may only be used for the following purposes:

1. Office establishments that perform business and professional services, such as government, insurance, real estate, legal, financial and other similar services.
2. Medical clinics and facilities for mental health and substance abuse treatment.
3. Offices of professional and nonprofit service organizations and clubs.
4. Mortuaries and funeral homes, not including crematories.
5. Banks, credit unions and savings and loans.
6. Research, development, and testing laboratories and offices without manufacturing.
7. Radio and television studios.
8. Private museum.
9. Studios or schools for instruction, such as dance or music.
10. Child day care centers and nursery schools.
11. Schools for vocational training.
12. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
13. Essential public service equipment.
14. Accessory buildings, structures, and uses customarily incidental to any of the above uses as regulated by article IX, division 3 of this chapter.
15. Private schools.
16. Food Truck/Food Truck Park as regulated by Division 90-IX-9
    

(Ord. No. 474, § I, 2-27-12; Ord. No. 539, § 3, 12-27-16)

The following uses may be permitted as special land uses in the office district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Hotels and motels.
2. Restaurants except those with drive-through or drive-up facilities.
3. Gathering halls, lodges, or clubs of fraternal organizations.
4. Antennas and towers exceeding a height of 35 feet.
5. Essential public service buildings and structures.
6. Public and institutional uses and hospitals.
7. Churches, synagogues and other similar places of worship.
8. Noncommercial parks, playgrounds and playfields.
9. Public schools per section 90-810.

(Ord. No. 474, § I, 2-27-12; Ord. No. 539, § 2, 12-27-16)

Buildings and structures shall not be erected or enlarged in the office district unless the following requirements are met and maintained:

1. Minimum lot area and width shall be 12,500 square feet and 99 feet of lot width.
2. Minimum building setbacks shall be, for:
   1. Front yard, 25 feet from each street right-of-way that abuts the lot.
   2. Rear yard, 30 feet.
   3. Side yard, height of the building.
3. Maximum building height shall be 35 feet.
4. Maximum building lot coverage shall be 40 percent.
5. Landscape and screening shall be as required by article XII of this chapter.

(Ord. No. 474, § I, 2-27-12)

1. Off-street parking in the office district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Ord. No. 474, § I, 2-27-12)

The B-1 zoning district is intended to serve as the downtown shopping district for the city. A wide range of retail service, office, governmental, and institutional and limited residential uses are permitted. Consistent with the comprehensive community plan, higher density residential uses are also allowed within designated areas to provide a variety of housing within walking distance of the business core. Building form and development standards recognize the special parking, pedestrian, building location, and visual character needs of an established downtown business district.

(Ord. No. 474, § II, 2-27-12)

Land and structures in the B-1 zoning district may be used for the following purposes only:

1. Any generally recognized retail business that supplies commodities on the premises within a completely enclosed building, such as but not limited to foods, drugs, liquor, furniture, clothing, dry goods, appliances or hardware.
2. Any personal service establishment that performs services on the premises within a completely enclosed building, such as but not limited to repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors, barbershops, interior decorators and photographers.
3. Restaurant, tavern or catering establishment.
4. Commercial Recreational Facilities
5. Medical clinics, general office buildings and facilities for substance abuse treatment.
6. Bank or other financial institution.
7. Government building and post office.
8. Business schools or private schools, operated for profit. Examples of private schools permitted include but are not limited to dance studios, music and voice schools, and art schools.
9. Offices and showrooms of plumbers, electricians, decorators, or other similar trades.
10. Bakery or confectionery shop.
11. Laundry, laundromat, dry cleaning or dyeing establishment.
12. Fraternal or social club or lodge.
13. Video rental and sales.
14. Hotel and motel.
15. Bus or rail passenger stations.
16. Dwelling units may be permitted as an accessory use within a building of two stories or greater subject to the following conditions:
    1. A dwelling unit shall not be located on the ground floor or in a basement.
    2. A dwelling unit shall not be located on the same floor or on a floor lower than a business located in the same building.
    3. Each dwelling unit shall be designed for or occupied by not more than one family and consist of living area, sleeping area, kitchen area, and private bath.
    4. Access to a dwelling unit shall be separate from the access used by the business located in the same building.
    5. Off-street parking shall be provided as required below:
       1. Required parking shall be provided off street within 300 feet of the dwelling unit it serves. The measurement shall be taken in a straight line from the parking space to the building containing the dwelling unit. Documentation of the required parking spaces shall be provided to the zoning administrator prior to issuance of a building permit.
       2. Parking spaces may be provided within municipal parking lots but such spaces shall require the approval of the city council.
       3. Parking spaces shall be provided at the ratio of one space for each dwelling unit.
    6. Window air conditioning units shall not project beyond the face of the building for that portion of the building which fronts on a street.
    7. A building permit shall be obtained to establish a dwelling unit in the B-1 zoning district in order to ensure compliance with the requirements of this section and also with the city building and fire code and the requirements of the Barry Eaton District Health Department. The entire building containing the dwelling unit shall also be brought into compliance with the city building and fire code before an occupancy permit is issued for the dwelling.
17. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
18. Essential public service equipment.
19. Accessory uses, buildings and structures customarily incidental to the above uses, including necessary incidental manufacturing when clearly accessory for a permitted use.
20. Outdoor display of merchandise as an accessory use to the principal use of the parcel. Such use shall be subject to site plan review by the planning commission in accordance with article IV of this chapter and shall comply with the following requirements:
    1. The merchandise displayed outdoors is the same as or is related to that which is offered inside the building which constitutes the principal use of the parcel.
    2. The size and nature of the outdoor display shall clearly be incidental and subordinate to the principal use of the parcel such that the accessory use serves to support the principal use but could not function independently of the principal use.
    3. The area devoted to the outdoor display of merchandise shall not create unsafe conditions for vehicles, pedestrians or those on a bicycle.
    4. The area devoted to the outdoor display of merchandise shall at all times be kept neat and orderly and not be allowed to become unsightly or a visual nuisance. Any debris, scrap material, litter, empty shelves, racks, pallets, boxes or similar material not containing display items shall be removed from the outdoor display area.
    5. No part of a public sidewalk, street right-of-way or public alley or parking lot shall be used for such accessory use except as may be permitted by the city council for sidewalk sales.
    6. The outdoor display of merchandise shall not be located so that it utilizes those parking spaces required by the Hastings Zoning Ordinance for the principal use.
    7. If the outdoor display requires the use of electricity then the method of providing the electricity shall comply with the applicable requirements of the City of Hastings.
    8. The Hastings Planning Commission may limit the number of days and the hours of operation for such uses.
21. Residential units may be permitted as an accessory use on the first floor of a building containing a commercial use in the B-1 zoning district subject to the following conditions. The residential use and the commercial use together shall be defined as a live-work unit. For purposes of this section, a live-work unit is defined as a building containing both a single-family residential use and a non-residential use such as a commercial or office use or use(s) and where at least one member of the family residing in the residential portion of the unit owns, manages or works in the non-residential portion of that same building.
    1. The unit shall only be located in a one story building which has its main entrance fronting on State Street.
    2. The non-residential portion of the building must be utilized for such uses allowed in the B-1 zone before the residential portion is occupied.
    3. A residential use within a live-work unit shall be designed for or occupied by not more than one family and consist of living area, sleeping area, kitchen area, and private bath. The residential unit shall not occupy more than 20 percent of the total gross floor area.
    4. One member of the family residing in the residential portion of a live-work unit must own, manage or work in the non-residential use of that same unit. If the commercial use portion of the live-work unit ceases to operate, the residential use shall cease to be occupied as a residence within 90 days of the cessation of operation of the commercial use.
    5. A building shall contain no more than one attached live-work unit per building.
    6. A residential use within a live-work unit shall not be located in a basement.
    7. A residential use within a live-work unit shall be located in the rear of the building and shall not have any frontage along the State Street.
    8. Off-street parking shall be provided as required below:
       1. Required parking shall be provided off street within 300 feet of the dwelling unit it serves. The measurement shall be taken in a straight line from the parking space to the building containing the dwelling unit. Documentation of the required parking spaces shall be provided to the zoning administrator prior to issuance of a building permit.
       2. Parking spaces may be provided within municipal parking lots, but such spaces shall require the approval of the city council.
       3. Parking spaces shall be provided at the ratio of one space for each dwelling unit.
    9. Window air conditioning units shall not project beyond the face of the building for that portion of the building which fronts on a street.
    10. A building permit shall be obtained to establish a live-work unit in the B-1 zoning district in order to ensure compliance with the requirements of this section and also with the city building and fire codes and the requirements of the Barry Eaton District Health Department. The entire building containing the live-work unit shall also be brought into compliance with the city building and fire code before an occupancy permit is issued for the residential use.
    11. No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter or interference with radio or television communication, or is otherwise incompatible with the permitted or special land uses within the district.
22. Vehicle repair shops (minor) existing as of March 4, 2022 subject to the following:
    1. An existing vehicle repair shop (minor) may be altered or replaced, subject to the requirements of the B-1 District and provided all work is performed within an enclosed building.
       
    2. An existing vehicle repair shop (minor) may not be moved, in whole or in part, from its current location and reestablished at another site within the B-1 District.
       
23. Food Truck/Food Truck Park as regulated by Division 90-IX-9.
    

(Ord. No. 474, § II, 2-27-12; Ord. No. 535, § I, 7-25-16)

The following uses may be permitted as special land uses in the B-1 zoning district subject to the applicable general and specific requirements and standards of article XIII of this chapter.

1. Bed and breakfast establishments.
2. Vehicle wash establishments as regulated by section 90-1093.
3. Antennas and towers exceeding a height of 35 feet.
4. Vehicle repair shops (minor) provided all work is performed within an enclosed building.
5. Gasoline stations as regulated by section 90-1084.
6. Public and institutional uses and hospitals.
7. Noncommercial parks, playgrounds and playfields.
8. Churches, synagogues or similar places of worship and customary related uses.
9. For property not provided frontage along or with direct drive access to the following street segments:
   
   East State Street Church Street: Court Street to Apple Street Jefferson Street: Court Street to Apple Street and subject to the regulations set forth in Sec. 90-474, Sec. 90-475 , Sec. 90-477 and 90-478, the following uses are permitted as special land uses:
   1. Three- and four-family dwelling units.
   2. Multiple-family dwellings, with no more than eight units per building.
   3. Single-family attached dwellings, with no more than eight attached units.
   4. Dwelling units located within a building(s) of two stories or greater and containing commercial use, with no more than eight units per building.

The maximum density for residential use may be modified by the planning commission based on the following standards. The residential uses shall:

1. Be designed, constructed, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.
2. Be served adequately by essential public facilities and services, such as highways, streets, pedestrian ways, police and fire protection, drainage structures, refuse disposal, water and sewer.
3. Not create excessive additional requirements at public cost for public facilities and services.
4. Be developed in accordance with the intent of the B-1 District as contained in this article.

(Ord. No. 474, § II, 2-27-12; Ord. No. 472, § 2-27-12)

Buildings and structures shall not be erected or enlarged in the B-1 zoning district unless the following requirements are met and maintained:

1. No minimum lot area and width is required.
2. A minimum and a maximum front building setback for lots in the B-1 zoning district is required in order to carry out one of the principal recommendations of the Hastings Comprehensive Community Plan which is to establish a "build to line" for new and expanding uses in the B-1 zoning district. The establishment of the following front setback requirements will preserve the downtown character of the city and provide flexibility for new buildings and expansions of existing buildings to closely match the existing building setback line. The required setbacks will vary by street segments as the location of existing buildings differs along certain streets. The required minimum and maximum build to line is intended to provide uniformity in the visual character along streets in the B-1 zoning district.
   1.  The required setback from the right-of-way along the following street segments shall be a minimum of zero feet and a maximum of five feet from each right-of-way line abutting the lot; a minimum of 80 percent of the front wall of the building must be within the required setback, which is also called a build to line, along each street frontage. Street segments
      - State Street: Church Street to Boltwood Street both sides of street. - Jefferson Street: Center Street to Apple Street both sides of street. - Church Street: Center Street to Apple Street east side only. - Michigan Avenue: Center Street to Apple Street west side only. - East Court Street: Church Street to Michigan Avenue both sides of street.
   2. The required setback from the right-of-way along all other street segments for parcels in the B-1 zone shall be a minimum of zero feet and a maximum of 20 feet from each right-of-way line abutting the lot; a minimum of 60 percent of the front wall of the building must be within the required setback, which is also called a build-to line, along each street frontage. The planning commission may allow a greater building setback than permitted by this subsection 90-474(b)(2) above, if compliance with such setbacks creates a practical difficulty in the operation of the proposed use. In considering whether or not to permit a greater setback, the commission shall consider following criteria:
      1. Whether the proposed use is located on a parcel which has frontage on more than one street;
      2. Whether the driveway(s) which are required to serve the site necessitate a greater building setback in order to safely accommodate on site maneuvering for vehicles and pedestrians;
      3. Whether a greater setback is needed in order to locate parking spaces, access drives or sidewalks between the building and the front lot line in order to improve safety for customers accessing the building;
      4. Whether the shape or size of the parcel or requirements of the zoning ordinance or other city ordinances create difficulties in complying with the required setback regulations.
   3. No side yard is required; except where a property abuts a residentially zoned lot, a minimum ten-foot side yard shall be required.
   4. The rear yard shall be 12 feet.
   5. Any building which does not meet the front setback requirements of this section, but which existed before the effective date of this subsection 90-474(b), shall be allowed to expand provided the expansion will result in the building being within or closer to the setback or build to line required for the street on which the building fronts. Approval from the zoning board of appeals is not required for this type of expansion; however, all other requirements of this zoning ordinance shall apply.
3. Maximum building height: 40 feet; a maximum building height greater than 40 feet is allowable as a special land use, subject to the specific requirements and standard of article XIII of this chapter. For proposed buildings with heights greater than 40 feet a front elevation drawing of the proposed building shall be provided superimposed on a drawing or photograph of the entire block showing the relation of the proposed buildings to other buildings along the block.
4. No maximum lot coverage requirement.

(Ord. No. 474, § II, 2-27-12; Ord. No. 473, § I, 2-27-12; Ord. No. 488, § I, 12-16-12; Ord. No. 519, § I, 4-27-15; Ord. No. 540, § I, 4-10-17)

1. Off-street parking in the B-1 zoning district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Ord. No. 474, § II, 2-27-12; Ord. No. 489, § I, 12-26-12; Ord. No. 519, § II, 4-27-15)

1. Purpose. The downtown area in the city is characterized by a variety of historical architectural styles and building materials which combine to create visual harmony and establish a sense of place for the Hastings community. In order to maintain this harmony, it is essential that renovations and additions to existing non-residential buildings and the construction of new nonresidential buildings be done in a manner which is visually compatible with such existing buildings.
   The purpose of the B-1 design standards is to provide regulations so that as existing non-residential buildings are renovated, remodeled and restored and new non-residential buildings are constructed, these physical improvements adhere to a consistent set of design standards which will enhance and preserve the historical character of downtown Hastings. To avoid duplication of the review process required by the downtown development authority (DDA) facade grant program but to ensure consistency of design for substantive building improvements, these regulations will only apply to those building improvements which are not subject to the DDA facade grant program except that windows which require a building permit to be replaced or increased or decreased in size shall be subject to subsection 90-476(d)(2) even if awarded a facade grant.
2. Applicability. The requirements of this section shall apply to the following uses within the area zoned B-1 central business district, as illustrated on the zoning map:
   1. Newly constructed non-residential buildings.
   2. Exterior alterations to existing non-residential buildings which require a building permit, except for those alterations which are subject to the downtown development authority (DDA) facade grant program.
3. Application and review procedures.
   1. Site plan review. Development projects subject to review under this section shall be reviewed by the planning commission, except for windows as noted below, according to the procedures and requirements for site plan review as set forth in section 90-129 herein and the requirements of this section.
   2. In addition to the submittal requirements of section 90-129, the application shall also include building plans and architectural drawings to demonstrate compliance with the design standards of this section.
4. Design standards.
   1. Buildings. Alterations and additions to existing buildings and any new buildings to be constructed within the B-1 zoning district shall be designed to substantially incorporate such styles and building materials as are contained in the design guidelines for commercial buildings as adopted by the planning commission. These design guidelines shall be maintained by the zoning administrator and shall be available for review by the public.
   2. Windows. Windows which are proposed to be added to a building, replaced or increased or decreased in size such that a building permit is required and which face one or more of the following public street segments shall be reviewed by the zoning administrator to determine compliance with the following requirements:
      Street segments:
      State Street: Church Street to Boltwood Street both sides of street.
      Jefferson Street: Center Street to Apple Street both sides of street.
      Church Street: Center Street to Apple Street east side only.
      Michigan Avenue: Center Street to Apple Street west side only.
      East Court Street: Church Street to Michigan Avenue.
      1. All windows.
         1. A single windowpane or more than one pane stacked vertically shall not exceed one story in height although windows higher than one story may be permitted if the design is such that the windows appear as separate stories.
         2. Windows shall be transparent and non-reflective glass. Only clear or lightly tinted, non-reflective glass in windows, doors, and display windows shall be considered transparent.
         3. Windows shall not be blocked by interior displays or otherwise have views to the interior obstructed for a depth of not less than five feet into the building.
      2. First-story windows.
         1. In order to provide clear view inward, the first story of a facade window opening shall cover a minimum of 40 percent and a maximum of 90 percent of the wall area.
         2. The bottom of the window opening shall be between 30 and 40 inches from the level of the sidewalk beneath the window.
         3. Upper-story windows. Between 20 percent and 40 percent of the facade wall area for all stories above the first story shall be devoted to transparent windows. If such windows are rectangular, they shall be oriented in a vertical fashion. In addition, all such windows shall contain visible sills and lintels on the exterior wall and no single pane of glass shall exceed 36 square feet in area.
         4. Facade transparency requirements do not apply for portions of structures in ground floor residential use, assembly area of theaters, auditoriums, churches, and similar non-commercial and office uses.
5. Modification of standards. The standards and recommendations of this section may be modified by the planning commission or the zoning administrator as applicable in their review of a site plan. In determining whether to approve a modification, the planning commission or zoning administrator shall document findings of fact regarding the following factors:
   1. The modification shall satisfy the purposes stated in subsection 90-476(a).
   2. The modification must result in the alteration of an existing building or the construction of new building which is visually compatible and comparable with nearby existing buildings and which maintains or improves upon the historical architectural character of downtown Hastings through the use of historical or contemporary similar building materials.

(Ord. No. 474, § II, 2-27-12)

1. Minimum number of stories: None
2. Maximum building height: 40 feet.
3. Minimum front porch area (if provided): 70 square feet.
4. Minimum floor area: As required for dwellings in the A-1zoning district.
5. Windows: A minimum of 20 percent and a maximum of 60 percent of the front and side facades each shall have transparent non-reflective windows. Windows on upper stories shall be vertical with defined edges
6. Exterior building materials facing a public or private street: Minimum 80 percent brick, stone, or lap siding with trim and ornamentation consisting of metal, concrete, brick, stone or wood.
7. Facade articulation: Differentiate each rowhouse or townhouse separately with vertical expression line; for other multiple-family buildings provide articulation every 50 feet using windows, balconies, and a change in building materials or similar provision.

1. Dumpsters shall be kept within a fenced or brick walled area which shall be at least six feet high and located so that their use, including emptying, does not pose a nuisance to nearby residents.
2. The primary entrance to the building shall be visible from and face the street from which the address of the building is derived.
3. Vehicle access to the property shall be determined during review of the site plan. The existing driveway may be required to be closed in order to achieve safe access.
4. A walkway shall be provided from the existing or proposed sidewalk within the right -of-way to the primary building entrance.

The B-2 zoning district is primarily intended to provide for an orderly and concentrated development of business along M-37 and M-43 and other major and minor arterial streets designated in the city's comprehensive plan in order to serve the needs of the motoring public and local residents. A wide range of retail service, office governmental, institutional and limited residential uses are permitted.

(Ord. No. 474, § III, 2-27-12)

Land and structures in the B-2 zoning district may be used for the following purposes only:

1. Any use permitted as a matter of right in the B-1 zoning district, except a residential use is not permitted.
2. Mortuaries or funeral homes.
3. Retail building supply and equipment stores.
4. Retail nurseries and garden centers.
5. Printing, lithography, publishing and photocopy establishments.
6. Building contractors such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, and similar uses provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways.
7. Laboratory, medical or dental.
8. Ambulance service establishments.

(Ord. No. 474, § III, 2-27-12)

The following uses may be permitted as special land uses in the B-2 zoning district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Special land uses as permitted in the B-1 zoning district.
2. Gas stations with or without vehicle repair facilities.
3. Open-air businesses, including, but not limited to, the sale of motor vehicles, farm implements, lawn and garden equipment sales and service, motor homes, mobile or modular homes and similar uses.
4. Vehicle repair or body shops provided all work is performed within an enclosed building and storage of vehicles is within an area which is well screened from the view of nearby properties and roadways.
5. Adult businesses subject to chapter 10, article II.

(Ord. No. 474, § III, 2-27-12)

Buildings and structures shall not be erected or enlarged in the B-2 zoning district unless the following requirements are met and maintained:

1. No minimum lot area and width is required.
2. Minimum required building setbacks shall be as follows:
   1. There shall be a front yard of not less than four feet provided that:
      1. Where a new building is located between two existing buildings, it shall conform to the established setback.
      2. Where an existing setback has been established by one adjacent business building existing at the time of the adoption of the ordinance from which this chapter is derived, the setback required shall not be less than half the sum of the zone requirement and the setback of the existing building.
      3. One foot of additional front yard shall be provided for each 100 feet the building is located away from the B-1 zoning district measured along the street right-of-way line. In no case shall a front yard of more than 25 feet be required.
   2. One side yard of at least ten feet shall be provided. Any side yard provided shall be at least ten feet in width. Where a lot abuts a residential zone or property, a ten-foot side yard shall be provided along that line.
   3. There shall be a rear yard of at least 12 feet, provided that where the rear yard abuts an alley, the full alley width may be counted as part of the required yard.
3. Maximum building height shall be 35 feet.
4. Wherever a B-2 zoning district abuts a residential, apartment or industrial district, landscaping shall be provided as required by article XII of this chapter.
5. All business, service or processing shall be conducted wholly within a completely enclosed building, except for automobile parking, off-street loading, drive-through banking and restaurant facilities, limited temporary outdoor display of merchandise, limited minor repair of vehicles at vehicle repair and service stations, open-air business special land uses, and outdoor seating at restaurants.

(Ord. No. 474, § III, 2-27-12)

1. Off-street parking in the B-2 zoning district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review requirements are contained in article IV of this chapter and are required for all special land uses. In addition to the submittal requirements of section 90-129 the application shall also include building plans and architectural drawings to demonstrate compliance with the design standards of this section.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Ord. No. 474, § III, 2-27-12; Ord. No. 494, § II, 5-13-13)

1. Purpose. The purpose of the following regulations is to provide specific design standards for the review and approval of new commercial buildings and re-developed parcels in the B-2 zoning district on West State Street west of Market Street in order to achieve the following community objectives:
   1. To encourage commercial building facade treatments that are articulated and enhanced in order to reduce the massive scale and impersonal appearance of large retail buildings.
   2. To maintain and improve community character by requiring buildings to be closer to the street which helps to create shopping areas with a more pedestrian scale.
   3. To encourage developers to use a more creative approach in the design of commercial buildings.
2. Applicability. The following regulations shall apply to those parcels in the B-2 zoning district which have frontage on West State Street between Market Street and the west city limits. To achieve the purposes of this article and to incorporate means and materials that enhance visual interest, economic value, and retail market sustainability in commercial areas in the City of Hastings, developments subject to these regulations shall be designed to substantially incorporate such styles and building materials as set forth in the design standards of this section 90-487. The following developments shall be subject to the design standards of this section:
   1. Newly-constructed principal buildings.
   2. Uses which require site plan review by the planning commission per section 90-127 herein.
   3. Exterior alterations, renovations and additions to existing non-residential buildings which require a building permit and which pertain to the building facade which is that portion or portions of a building which front on a public street.
3. Permitted facade materials. The facade of a building, which is defined as that portion or portions of a building, which front on a public street and which also faces an on-site parking lot shall adhere to the following requirement:
   At least 80 percent of the facade shall be constructed with one or more of the following materials:
   1. Traditional hard-coat stucco.
   2. Brick.
   3. Natural or cast stone.
   4. Tinted and/or textured masonry block.
   5. Glass.
   6. Architectural pre-cast panels.
   7. Wood except materials such as T-111, plywood or particle board and similar processed wood materials.
   8. Similar materials as approved by the planning commission.
4. Wall designs and features. That portion of a building which fronts on a public street shall be designed to eliminate large expanses of blank walls. Among other methods, this can be accomplished from the application of two or more of the following approximately every 50 feet in wall length:
   1. Doors with corniced parapets over the main entry door.
   2. Display windows that orient street-level customers to products.
   3. Arched entryways, canopies or awnings.
   4. Providing changes in the plane of a wall such as offsets, or projecting ribs which are at least 12 inches in width.
   5. Change in texture, color or masonry pattern.
   6. Pilasters, piers or columns.
   7. Other applications as approved by the planning commission which meet the intent of this section.
   8. Facade walls more than 100 feet in total length must also incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade.
   9. Side or rear walls that face rear walkways or rear or side service drives may include false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations of the wall, but only when actual doors and windows are not feasible.
5. Facades. All facades shall have a recognizable "top" or upper portion consisting of one or more of the following:
   1. Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials
   2. Sloping roof with overhangs and brackets.
   3. Stepped parapets.
   4. If the building has more than one story the façade shall have a horizontal expression line which separates each floor.
6. Customer entrances. Building facades shall exhibit clearly defined, highly visible and articulated front and, if provided, rear customer entrances, that feature at least two of the following:
   1. Canopies or porticos.
   2. Overhangs.
   3. Recesses or projections of at least three percent of wall length.
   4. Arcades.
   5. Raised cornice parapets over the door.
   6. Distinctive roof forms.
   7. Arches.
   8. Outdoor patios.
   9. Display windows.
7. Roofs.
   1. Buildings shall be topped with pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Materials for pitched roofs shall include shingles (either wood or asphalt composition), slate, tiles, or other material if such other material is similar to the roofs on nearby buildings in the business design overlay zone.
   2. Parapets shall be used to conceal flat sections of roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 25 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall.
8. Parking.
   1. No more than two rows of off street parking shall be located within the front yard, which is defined as the area between the principal building and the front lot line across the entire width of the lot. In certain circumstances, the planning commission may allow permitted and special land uses to have more than two rows of parking between the building and the front lot line. In determining when such parking should be allowed, the commission shall consider the following criteria:
      1. Whether the need for truck loading and unloading docks and maneuvering areas for trucks does not allow for required parking spaces to be located to the side or in the rear of the building;
      2. The width of the lot relative to the size of the building;
      3. The parking requirements for large "big box type" stores create difficulties in providing the majority of the required parking in the side or rear yards;
      4. Whether additional front yard parking would result in the preservation of a natural site feature(s);
      5. Whether parking in the side or rear yard is impractical due to a wetland or steep slope or other similar natural feature.
   2. For parcels located on a corner lot the above requirements shall only apply to that street which, in the opinion of the zoning administrator, carries the most traffic. For the remaining street the parking lot may be located in the front yard subject to the setback regulations of the zoning district in which it is to be located.
9. Sidewalks.
   1. Sidewalks shall be provided along all streets abutting a parcel in accordance with city standards. Sidewalks shall be a minimum of five feet wide although the planning commission may require that an easement be provided within the front yard abutting the right-of-way to allow for the placement of a future non-motorized trail along M-37/M-43.
   2. The commission may also require, where practical and feasible, that a walkway be provided extending from the public sidewalk to the entrance of the building on the site in order to provide for safe pedestrian access.
10. Additional considerations. In order to promote non-motorized access to businesses along the M-37/M-43 corridor bike racks at individual stores are encouraged to be provided as well as lighting of non-motorized trials which traverse or abut the property.
11. Modification of standards. The design standards and requirements of section 90-487 may be modified by the planning commission for those projects which require site plan review by the commission or by the zoning administrator for projects which only require staff review per subsection 90-127(b) or a building permit per subsection 90-487(b)(3) herein. In determining whether to approve a modification, the planning commission or zoning administrator shall submit findings of fact regarding the following factors:
    1. The modification shall satisfy the purposes of the B-2 zone as stated herein.
    2. Modification of the standards and requirements shall still result in the alteration of an existing building or construction of a new building being visually compatible with adjacent existing buildings and buildings on nearby properties.
    3. Modifications of the standards and requirements are necessary as strict compliance would create practical physical difficulties in applying the standards and requirements in the reconstruction or conversion of an existing building. Any modifications permitted shall comply with subsections (a) and (b) above.

(Ord. No. 494, § I, 5-24-13; Ord. No. 533, § I, 6-27-16)

The B-3 zoning district is designed to implement a recommendation of the 2007 comprehensive community plan which calls for a transition from the central business district core by allowing the same commercial uses as B-1 zoning district but also allowing for the establishment of attached dwelling units which in some locations will abut established neighborhoods. The permitted density of the B-3 zoning district will allow new residential uses to closely abut and support the downtown shopping district and bring more vitality to the central business zoning district. Commercial and office uses in the B-3 zoning district will adhere to the same design guidelines and setbacks as the B-1 zoning district to ensure consistency in visual character with the B-1 zoning district.

(Ord. No. 476, § I, 2-27-12)

Land and structures in the B-3 general business district may be used for the following purposes only:

1. Uses as permitted in the B-1 zoning district.

(Ord. No. 476, § I, 2-27-12)

The following uses may be permitted as special land uses in the B-3 downtown edge district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Special uses as permitted in the B-1 zoning district.
2. Multi-family dwellings including attached single-family dwellings such as townhouses with no more than eight units per building.
3. Transitional or Emergency Housing, when located within a single-family detached dwelling existing as of (date of adoption).
   

(Ord. No. 476, § I, 2-27-12)

Buildings and structures shall not be erected or enlarged in the B-3 downtown edge district unless the following requirements are met and maintained:

1. The requirements of section 90-474 and 90-475 for the B-1 zoning district.
2. For a multifamily building, there shall be a minimum of 3,000 square feet of lot area for each dwelling unit which is a gross density of 14.52 dwelling units per acre.
3. Residential buildings shall comply with the following requirements:
   1. Minimum roof pitch: 4:12 to 12:12 (rise; run): Roofs which are less than 22 feet above grade may be flat or pitched at any slope.
   2. Minimum front porch area (if provided): 70 square feet.
   3. Minimum floor area: As required for dwellings in the A-1 zoning district.
   4. Windows: A minimum of 20 percent and a maximum of 30 percent of the front and side facades each shall have transparent non-reflective windows. Windows on upper stories shall be vertical with defined edges.
   5. Exterior building materials facing a public or private street: Minimum 80 percent brick, stone, or lap siding with trim and ornamentation consisting of metal, concrete, brick, stone or wood.
   6. Facade articulation: Differentiate each row house or townhouse separately with a vertical expression line; for other multifamily buildings provide articulation every 50 feet using windows, balconies, and a change in building materials or similar provision.
   7. Building entrance: For row or townhouses, provide one entrance per unit facing the street; for other multi-family buildings, provide one entrance for every 75 feet of building frontage. A walkway shall be provided from the existing or proposed sidewalk within the right-of-way to the building entrance.
   8. Enclosed porches are allowed.
   9. Parking: Parking for townhouses, row houses and multifamily buildings must be located behind the principal building on the same lot. For all other uses, the parking requirements may be met by the community parking requirements of section 90-919.
   10. Landscaping: Wherever a B-3 zoning district abuts a residential, apartment or industrial district, landscaping shall be provided as required by article XII of this chapter. For purposes of the landscape buffer zone table 8-1 in section 90-1010, the B-3 zoning district shall be the equivalent of the B-1 zoning district.
4. The required setback from the right-of-way along all street segments for parcels in the B-3 district shall be a minimum of zero feet and a maximum of 20 feet from each right-of-way line abutting the lot; a minimum of 60 percent of the front wall of the building must be within the required setback, which is also called a build-to line, along each street frontage.
   The planning commission may allow a greater building setback than permitted by subsection 90-495(d) above if compliance with such setbacks creates a practical difficulty in the operation of the proposed use. In considering whether or not to permit a greater setback, the commission shall consider following criteria:
   1. Whether the proposed use is located on a parcel which has frontage on one or more streets;
   2. Whether the driveway(s) which are required to serve the site necessitate a greater building setback in order to safely accommodate on site maneuvering for vehicles and pedestrians;
   3. Whether a greater setback is needed in order to locate parking spaces, access drives or sidewalks between the building and the front lot line in order to improve safety for customers accessing the building;
   4. Whether the shape or size of the parcel or requirements of the zoning ordinance or other city ordinances create difficulties in complying with the required setback regulations.
   5. Non-residential buildings shall comply with the requirements of section 90-476 which are the design standards for the B-1 district.

(Ord. No. 476, § I, 2-27-12; Ord. No. 520, §§ I, II, 4-27-15)

1. Signs shall be regulated by article XI of this chapter.
2. Site plan review requirements are contained in article IV of this chapter and are required for all special land uses. In addition to the submittal requirements of section 90-129 the application shall also include building plans and architectural drawings to demonstrate compliance with the design standards of this section.
3. Site condominiums shall be regulated by article VIII of this chapter.
4. Modification of standards. The design standards and requirements of section 90-485 may be modified by the planning commission for those projects which require site plan review by the commission. In determining whether to approve a modification, the planning commission shall submit findings of fact regarding the following factors:
   1. The modification shall satisfy the purposes of the B-3 district as stated herein.
   2. Modification of the standards and requirements shall still result in the alteration of an existing building or construction of a new building being visually compatible with adjacent existing buildings and buildings on nearby properties.
   3. Modifications of the standards and requirements are necessary as strict compliance would create practical physical difficulties in applying the standards and requirements in the reconstruction or conversion of an existing building. Any modifications permitted shall comply with subsections (a) and (b) above.

(Ord. No. 520, § III, 4-27-15)

The purpose of the B-4 zoning district is to provide specific design standards for the review and approval of commercial buildings in several locations in the City of Hastings: west of the central business district along West State Street, Apple Street and North Broadway; the area close to the intersection of Woodlawn and Michigan; and other areas as may be designated by the city in order to achieve the following community objectives:

1. To visually and functionally connect the commercial area west of Broadway Street with the central business zoning district through building design and placement standards while serving as a transition to the commercial uses west of Market Street which have developed outside of a traditional downtown pattern.
2. To allow for the conversion of this area to a more compact, walkable, mixed use commercial neighborhood center as recommended by the 2007 Hastings Comprehensive Community Plan.
3. To encourage commercial building facade treatments that are articulated and enhanced in order to reduce the massive scale and impersonal appearance of large retail buildings.
4. To maintain and improve community character by creating shopping areas which have a pedestrian scale.
5. To encourage developers to use a more creative approach in the design of commercial buildings.
6. To create a sense of "place" and add elements of uniqueness to commercial projects, thereby boosting the value, quality and economic sustainability of Hastings's commercial corridors.
7. To allow for design features which promote energy conservation.

(Ord. No. 477, § I, 2-27-12)

1. Land and structures in the B-4 zoning district may be used for any permitted use in the B-2 zoning district as set forth in section 90-483.
2. Residential dwellings above retail, service and office uses subject to the requirements of subsection 90-472(p), except that more than one dwelling unit is permitted for each storefront. In addition, the following shall apply:
   1. Residential uses located within structures not designated as live-work units shall be completely separated from the non-residential uses with a separate means of entrance and internal or external staircase.
   2. Each dwelling shall contain a minimum of 600 square feet of floor area for a one bedroom unit and an additional 150 square feet for each additional bedroom.
   3. Second-story residential uses shall comply with all applicable accessibility requirements of the Americans with Disabilities Act.
3. Restaurants including those with outdoor seating. Outdoor dining is permitted where such dining does not encroach upon a minimum of five feet of unobstructed sidewalk space adjacent to the curb. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including plant material.

(Ord. No. 477, § I, 2-27-12)

The following uses may be permitted as special land uses in the B-4 zoning district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Any special use in the B-2 zoning district as set forth in section 90-484.
2. Transitional or Emergency Housing, when located within a single-family detached dwelling existing as of (date of adoption).
   

(Ord. No. 477, § I, 2-27-12)

Buildings and structures shall not be erected or enlarged in the B-4 zoning district unless the following requirements are met and maintained:

1. No minimum lot area and width is required.
2. For all streets in the B-4 zoning district other than West State Street, North Broadway, Michigan Avenue and Woodlawn Avenue, buildings shall be set back no more than ten feet from the street right-of-way line. A minimum of 80 percent of the front wall of the building must be within the build-to zone along each street. The required front setback from the right-of-way along West State Street, North Broadway, Michigan Avenue and Woodlawn Avenue shall be no more than 20 feet and no less than ten feet from the street right-of-way line. A minimum of 80 percent of the front wall of the building must be within the build-to zone along each street.
3. The planning commission may allow a greater building setback than permitted by subsection 90-504(b) above if compliance with such setbacks creates a practical difficulty in the operation of the proposed use. In considering whether or not to permit a greater setback, the commission shall consider following criteria:
   1. Whether the proposed use is located on a parcel which has frontage on one or more streets;
   2. Whether the driveway(s) which are required to serve the site necessitate a greater building setback in order to safely accommodate on site maneuvering for vehicles and pedestrians;
   3. Whether a greater setback is needed in order to locate parking spaces, access drives or sidewalks between the building and the front lot line in order to improve safety for customers accessing the building;
   4. Whether the shape or size of the parcel or requirements of the zoning ordinance or other city ordinances create difficulties in complying with the required setback regulations;
   5. Whether a greater building setback would significantly compromise the objective of visually and functionally connecting the site to the central business district and serve as a transition to the commercial uses west of Market Street.
4. The side and rear setbacks shall be determined by the planning commission in its review of the final site plan or by the zoning administrator for projects which only require staff review per subsection 80-127(b) or a building permit per subsection 90-505(a)(3) herein. In determining the setbacks the planning commission or zoning administrator shall take into consideration the impact on adjoining land uses, whether the proposed setback disrupts the interior circulation pattern on that block, whether safe vehicular and pedestrian access is maintained, whether the setbacks will allow safe access for firefighting purposes, and whether or not the proposed setbacks will create unusable or unsafe areas.
5. Sidewalks shall be provided along all streets abutting a parcel in accordance with city requirements. For sidewalks which need to be placed within the front setback, an easement shall be granted by the property owner to the city for public use of the sidewalk.
6. Sidewalks shall be a minimum of five feet wide although the planning commission may require a maximum sidewalk width of ten feet in order to allow for safe and efficient pedestrian movement, allow for activities in front of commercial uses and to create a street front atmosphere similar to the central business zoning district. Sidewalks shall be concrete although other materials such as brick or concrete with brick borders or brick pattern may be required by the planning commission in order to provide visual continuity with the brick walkway system in the central business zoning district.
7. Maximum building height shall be 40 feet.
8. Wherever the B-4 zoning district abuts a residential, apartment or industrial district, landscaping shall be provided as required by article XII of this chapter. For purposes of the landscape buffer zone table 8-1 in section 90-1010, the B-4 zoning district shall be the equivalent of the B-2 zoning district.
9. All business, service or processing shall be conducted wholly within a completely enclosed building, except for automobile parking, off-street loading, drive-through banking and restaurant facilities, limited temporary outdoor display of merchandise, limited minor repair of vehicles at vehicle repair and service stations, open-air business special land uses, and outdoor seating at restaurants.

(Ord. No. 477, § I, 2-27-12; Ord. No. 490, § I, 12-27-12; Ord. No. 533, § 2, 6-27-16)

1. Applicability. To achieve the purposes of this article and to incorporate means and materials that enhance visual interest, economic value and retail market sustainability in commercial areas in the city, developments subject to these regulations shall be designed to substantially incorporate such styles and building materials as set forth in the design standards of this section. The following developments shall be subject to the design standards of this section:
   1. Newly constructed office and commercial buildings.
   2. Exterior alterations, renovations and additions to existing nonresidential buildings which require a building permit.
   3. The conversion of a residential dwelling to a permitted office or commercial use which requires a building permit for exterior alterations, renovations or additions.
2. Permitted facade materials. The facade of a building, which is defined as that portion or portions of a building, which fronts on a public street shall adhere to the following requirements: At least 80 percent of the facade shall be constructed from one or more of the following materials:
   1. Traditional hard-coat stucco.
   2. Brick.
   3. Natural or cast stone.
   4. Tinted and/or textured masonry block.
   5. Glass.
   6. Architectural pre-cast panels.
   7. Similar materials as approved by the planning commission.
3. Prohibited facade materials.
   1. Smooth-faced gray concrete block and smooth-faced tilt-up concrete panels are prohibited.
   2. Metal, vinyl and aluminum sidings are prohibited as primary exterior surface materials. These sidings may be used as trim materials covering no more than 20 percent of the facade.
4. Wall designs and features. Facades which front on a public street shall be designed to eliminate large expanses of blank walls. Among other methods, this can be accomplished from the application of two or more of the following approximately every 30 feet in wall length:
   1. Doors with corniced parapets over the main entry door.
   2. Display windows that orient street-level customers to products.
   3. Arched entryways, canopies or awnings.
   4. Providing changes in the plane of a wall such as offsets, or projecting ribs which are at least 12 inches in width.
   5. Change in texture, color or masonry pattern.
   6. Pilasters, piers or columns.
   7. Other applications as approved by the planning commission.
   8. Facade walls more than 100 feet in total length must also incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade.
   9. Side or rear walls that face rear walkways or rear or side service drives may include false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations of the wall, but only when actual doors and windows are not feasible.
5. Customer entrances. Building facades shall exhibit clearly defined, highly visible and articulated front and, if provided, rear customer entrances, that feature at least two of the following:
   1. Canopies or porticos.
   2. Overhangs.
   3. Recesses or projections of at least three percent of wall length.
   4. Arcades.
   5. Raised cornice parapets over the door.
   6. Distinctive roof forms.
   7. Arches.
   8. Outdoor patios.
   9. Display windows.
6. Horizontal expression lines. The facade shall have a horizontal expression line which separates the first floor from the upper floors.
7. Windows. Windows on building facades facing public streets shall comply with the following requirements:
   1. All windows.
      1. A single windowpane or more than one pane stacked vertically shall not exceed one story in height although windows higher than one story may be permitted if the design is such that the windows appear as separate stories.
      2. Windows shall be transparent and non-reflective glass. Only clear or lightly tinted, non-reflective glass in windows, doors, and display windows shall be considered transparent.
      3. Windows shall not be blocked by interior displays or otherwise have views to the interior obstructed for a depth of not less than five feet into the building.
   2. First-story windows. In order to provide clear view inward the first story of a facade window opening shall cover a minimum of 40 percent and a maximum of 90 percent of the wall area and the bottom of the window opening shall be between 30 inches and 40 inches from sidewalk level.
   3. Upper-story windows. Between 20 percent and 40 percent of the facade wall area for all stories above the first story shall be devoted to transparent windows. If such windows are rectangular they shall be oriented in a vertical fashion. In addition, all such windows shall contain visible sills and lintels on the exterior wall and no single pane of glass shall exceed 36 square feet in area.
   4. Exceptions. Facade transparency requirements do not apply for portions of structures in ground floor residential use, assembly area of theaters, auditoriums, churches, and similar non-commercial and office uses.
8. Roofs.
   1. Buildings shall be topped with pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Materials for pitched roofs shall include shingles (either wood or asphalt composition), slate, tiles, or other material if such other material is similar to the roofs on nearby buildings in the business design overlay zone.
   2. Parapets shall be used to conceal flat sections of roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 25 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall.
9. Facades. All facades shall have a recognizable "top" or upper portion consisting of one or more of the following:
   1. Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials.
   2. Sloping roof with overhangs and brackets.
   3. Stepped parapets.

(Ord. No. 477, § I, 2-27-12)

1. Off-street parking in the B-4 zoning district shall be regulated by article X of this chapter.
2. Site plan review as regulated by article IV of this chapter is required for all special land uses. In addition to the submittal requirements of section 90-129, the application should also include building plans and architectural drawings to demonstrate compliance with the design standards of this section.
3. Site condominiums shall be regulated by article VIII of this chapter.
4. Signs for lots in the B-4 zone shall comply with the requirements of article 11 of the zoning ordinance as are applicable to the proposed use except as follows:
   1. Each lot containing a non-residential use or commercial or office establishment is permitted to have one ground sign, but not a pole sign, up to a maximum size of 35 square feet. Such sign shall not exceed a height of four feet above grade as measured to the top of the sign. Ground signs shall be setback a minimum of five feet from the front and side lot lines, but in no case shall a sign be placed where it might obstruct the vision of a motorist.
   2. Each commercial establishment is permitted to have one wall sign per street frontage to be placed on that side of the building which faces the street up to a maximum size of 50 square feet per sign.
   3. For buildings containing more than one commercial establishment the size of the ground sign and wall sign(s) may be increased by 50 percent.
   4. Projecting signs, sidewalk signs and banners shall be allowed according to the requirements of subsections 90-973(e) and (f).
   5. Awnings, canopy and marquee signs are permitted in lieu of a permitted wall sign.
   6. Ground and wall sign materials shall reflect the architectural character and materials of the building facade.
   7. For externally lit signs, the lighting fixture shall be mounted on the top of the sign only and the fixture directed downward so that the light does not present a glare to any person.

(Ord. No. 477, § I, 2-27-12)

The design standards and requirements of section 90-505 may be modified by the planning commission. In determining whether to approve a modification, the planning commission shall submit findings of fact regarding the following factors:

1. The modification shall satisfy the purpose section of the B-4 zoning district.
2. Modification of the standards and requirements shall still result in the alteration of an existing building or construction of a new building being visually compatible with adjacent existing buildings and buildings in the central business zoning district.
3. Modifications of the standards and requirements are necessary as strict compliance would create practical physical difficulties in applying the standards and requirements in the reconstruction or conversion of an existing building. Monetary difficulties in complying with the standards and requirements may be considered but shall not be the overriding reason for allowing modifications. Any modifications permitted shall comply with subsections (a) and (b) above.

(Ord. No. 477, § I, 2-27-12)

The B-5 zoning district is recommended in the 2007 Comprehensive Community Plan as an ideal area for redevelopment. Its proximity to Tyden Park and the central business district makes this area attractive for a new type of residential use, such as townhouses and lofts, and for live-work multi-story buildings with ground-floor retail.

The existing physical form of much of this area is a neighborhood of primarily single-family houses with a pedestrian scale; views of Tyden Park and the Thornapple River; proximity to retail and service uses; houses with front porches extending into the front setback; sidewalks; street trees; and detached garages. Offices are single-story with pitched roofs and residential flavor.

The B-5 mixed use zoning district regulations are designed to retain this form as new uses replace existing ones. Permitted land uses will be regulated according to the particular street in order to ensure the uses are appropriate and compatible with the level of traffic and character along that street segment. Typically a mix of land uses will be permitted along most street segments with building form and placement requirements designed to create residential and shopping areas with a pedestrian scale and architectural appearance reflecting the character of downtown Hastings.

(Ord. No. 478, § I, 2-27-12)

Land and structures in the B-5 mixed use district may be used for the following purposes only:

1. Detached single-family dwellings.
2. Single-family attached dwellings such as townhouses with no more than eight units attached in any building.
3. Two-family dwellings which are constructed after the adoption date of this article. The conversion of a single-family dwelling to a two-family dwelling or a multi-family dwelling is prohibited.
4. Professional offices including medical and dental.
5. Residential dwellings above office uses, subject to the requirements of subsection 90-472(p).
6. Accessory apartments above garages, provided the garage serves a single-family dwelling. An accessory apartment is a dwelling unit that is on the same lot as a single-family detached dwelling and is smaller than and clearly subordinate to the single-family detached dwelling. Such dwelling shall contain a minimum of 600 square feet of floor area.
7. Accessory uses buildings and structures customarily incidental to the above uses.

(Ord. No. 478, § I, 2-27-12)

The following uses may be permitted as special land uses in the B-5 mixed use district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Bed and breakfast establishments.
2. Live-work units provided such units are located on the south side of Mill Street only with no more than three such units located within in any building subject to the requirements of section 90-516 below. For purposes of this section, a live-work unit is defined as a dwelling unit containing both a single-family residential use and a non-residential use such as a commercial or office use or use(s) in which the portion devoted exclusively to the residential use occupies at least 20 percent of the total floor area of the unit, and where at least one member of the family residing in the residential portion of the unit owns, manages or works in the non-residential use of that same unit.
3. Churches, synagogues or similar places of worship and customary related uses.
4. Adult foster care small group homes and group child care homes.
5. Essential public service equipment, buildings, and structures.
6. Antennas and towers exceeding a height of 35 feet.

(Ord. No. 478, § I, 2-27-12)

1. A live-work unit shall be used for the following principal uses:
   1. A single-family dwelling.
   2. Any of the non-residential uses permitted by section 90-472.
2. In addition to the members of the family residing on the premises, a live-work unit shall have no more than two employees on the premises at any one time.
3. Hours of operation for non-residential uses shall be between 9:00 a.m. and 7:00 p.m.
4. A live-work unit may be used for residential purposes only but shall not be used for non-residential purposes only.
5. A residential use within a live-work unit shall not occupy less than 400 square feet of gross floor area.
6. A building shall contain no more than three attached live-work units per building.
7. All non-residential uses shall be conducted within an enclosed permanent structure, except that outdoor dining and outdoor display and sale of merchandise are permitted generally in front of the unit where such sales or displays do not encroach upon a minimum of five feet of unobstructed sidewalk space. Merchandise shall be located outdoors only during the hours of operation.
8. All non-residential uses shall be located on the ground floor of the live-work unit.
9. Outdoor dining is permitted subject to the provisions of subsection 90-502 (3).
10. No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter or interference with radio or television communication, or is otherwise incompatible with the permitted or special land uses within the district.
11. A minimum of two off-street parking spaces, in addition to available on-street parking, shall be provided for each live-work unit.

(Ord. No. 478, § I, 2-27-12)

1. Minimum lot area and width: 5,500 square feet and 45 feet wide per dwelling unit.
2. Maximum lot coverage of building: 35 percent.
3. Required front setback: Minimum of five feet, maximum of 15 feet from each street right-of-way line. Porches and stoops may be constructed between three feet and ten feet from the front lot line. The planning commission may allow a greater building setback than permitted by this section if compliance with such setbacks creates a practical difficulty in the operation of the proposed use. In considering whether or not to permit a greater setback, the commission shall consider following criteria:
   1. Whether the proposed use is located on a parcel which has frontage on one or more streets;
   2. Whether the driveway(s) which are required to serve the site necessitate a greater building setback in order to safely accommodate on site maneuvering for vehicles and pedestrians;
   3. Whether a greater setback is needed in order to locate parking spaces, access drives or sidewalks between the building and the front lot line in order to improve safety for customers accessing the building;
   4. Whether the shape or size of the parcel or requirements of the zoning ordinance or other city ordinances create difficulties in complying with the required setback regulations.
4. Side setback: five feet minimum; total 12 feet.
5. Rear setback: 15 feet.

(Ord. No. 478, § I, 2-27-12; Ord. No. 491, § I, 12-26-12)

1. Maximum building height: 35 feet.
2. Minimum roof pitch: 6:12 (rise:run).
3. Minimum front porch area (if provided): 70 square feet.
4. Minimum floor area: As required for dwellings in the R2 zoning district.

(Ord. No. 478, § I, 2-27-12)

1. Minimum lot width: 99 feet.
2. Maximum lot coverage of building: 60 percent.
3. Required front setback: Minimum of five feet, maximum of 15 feet from each street right-of-way line. Porches and stoops may be constructed up to ten feet from the front lot line. The planning commission may allow a greater building setback than permitted by this section if compliance with such setbacks creates a practical difficulty in the operation of the proposed use. In considering whether or not to permit a greater setback, the commission shall consider following criteria:
   1. Whether the proposed use is located on a parcel which has frontage on one or more streets;
   2. Whether the driveway(s) which are required to serve the site necessitate a greater building setback in order to safely accommodate on site maneuvering for vehicles and pedestrians;
   3. Whether a greater setback is needed in order to locate parking spaces, access drives or sidewalks between the building and the front lot line in order to improve safety for customers accessing the building;
   4. Whether the shape or size of the parcel or requirements of the zoning ordinance or other city ordinances create difficulties in complying with the required setback regulations.
4. Side setback: 15 feet.
5. Rear Setback: 15 feet.

(Ord. No. 478, § I, 2-27-12; Ord. No. 491, § II, 12-26-12)

1. Minimum number of stories: Two.
2. Maximum building height: 35 feet.
3. Minimum roof pitch: 4:12 to 12:12 (rise:run) Roofs which are less than 22 feet above grade may be flat or pitched at any slope.
4. Minimum front porch area (if provided): 70 square feet.
5. Minimum floor area: As required for dwellings in the A-1 zoning district.
6. Windows: A minimum of 20 percent and a maximum of 30 percent of the front and side facades each shall have transparent non-reflective windows. Windows on upper stories shall be vertical with defined edges
7. Exterior building materials facing a public or private street: Minimum 80 percent brick, stone, or lap siding with trim and ornamentation consisting of metal, concrete, brick, stone or wood.
8. Facade articulation: Differentiate each row house or townhouse separately with vertical expression line; for other multifamily buildings provide articulation every 50 feet using windows, balconies, and a change in building materials or similar provision.
9. Building entrance: For row or townhouses provide one entrance per unit facing the street; for other multi-family buildings provide one entrance for every 75 feet of building frontage.
10. Enclosed porches allowed.

(Ord. No. 478, § I, 2-27-12)

Site and building form standards for office, live-work and non-residential buildings shall be as required in section 90-504 and section 90-505 for buildings in the B-4 zone.

(Ord. No. 478, § I, 2-27-12)

1. Off-street parking for the uses permitted shall be as required by article X. Parking for townhouses, row houses and multi-family buildings must be located behind the principal building.
2. Parking located along the south side of Mill Street shall be screened by a decorative fence, brick wall, or hedge not to exceed a height of three feet or other screening as may be approved by the planning commission in order to mitigate the view of the parking area for residents on the north side of Mill Street.

(Ord. No. 478, § I, 2-27-12)

1. Dumpsters shall be kept within a fenced or brick walled area which shall be at least six feet high and located so that their use, including emptying, does not pose a nuisance to nearby residents.
2. Existing single-family houses which are proposed to be converted to other uses as permitted by this article shall comply with the following requirements:
   1. The proposed use shall be subject to site plan review by the planning commission.
   2. The primary entrance to the building shall be visible from and face the street from which the address of the building is derived.
   3. The building shall comply with the requirements of the Hastings Building Code.
   4. Exterior defects in the building or property such as cracked, chipped or peeling siding, cracked sidewalk, unkempt lawn or landscaping shall be identified as part of the site plan review process and corrected before the building is occupied.
   5. Vehicle access to the property shall be determined during review of the site plan. The existing driveway may be required to be closed in order to achieve safe access.
3. A walkway shall be provided from the existing or proposed sidewalk within the right-of-way to the primary building entrance.
4. The floor area shall be, for:
   1. Single-family dwellings: same as the R-2 zoning district.
   2. Two-family, three-family and four-family buildings: A minimum of 720 square feet per dwelling unit.
   3. All multiple-family buildings with more than four dwelling units: A minimum of 600 square feet per dwelling unit.
5. Wherever the B-5 zoning district abuts a residential, apartment or industrial district, landscaping shall be provided as required by article XII of this chapter. For purposes of the landscape buffer zone table 8-1 in section 90-1010 the B-5 zoning district shall be the equivalent of the A-2 zoning district.

(Ord. No. 478, § I, 2-27-12)

1. Signs for lots in the B-5 district which contain a non-residential use, office use, or live-work unit shall comply with the requirements of article XI of the zoning ordinance as are applicable to the proposed use except as follows:
   1. Each lot is permitted to have one ground sign, but not a pole sign, up to a maximum size of 24 square feet. Such sign shall not exceed a height of four feet above grade as measured to the top of the sign. Ground signs shall be setback a minimum of five feet from the front and side lot lines, but in no case shall a sign be placed where it might obstruct the vision of a motorist.
   2. Each non-residential use, office use or live-work unit is permitted to have one wall sign per street frontage to be placed on that side of the building which faces the street up to a maximum size of 50 square feet per sign.
   3. For buildings containing more than one office establishment the size of the ground sign and wall sign(s) may be increased by 50 percent.
   4. Projecting signs, sidewalk signs, banners and non-commercial signs shall be allowed according to the requirements of subsections 90-973(e), (f) and (g).
   5. Awnings, canopy and marquee signs are permitted in lieu of a permitted wall sign.
   6. Ground and wall sign materials shall reflect the architectural character and materials of the building facade.
   7. For externally lit signs, the lighting fixture shall be mounted on the top of the sign only and the fixture directed downward so that the light does not present a glare to any person.
2. Site plan review requirements are contained in article IV of this chapter and are required for all special land uses. In addition to the submittal requirements of section 90-129 the application shall also include building plans and architectural drawings to demonstrate compliance with the design standards of this section.
3. Site condominiums shall be regulated by article VIII of this chapter.
4. Modification of standards. The building and general development standards and requirements of sections 90-518, 90-520 and 90-523 may be modified by the planning commission for those projects which require site plan review by the commission. In determining whether to approve a modification, the planning commission shall submit findings of fact regarding the following factors:
   1. The modification shall satisfy the purposes of the B-5 district as stated herein.
   2. Modification of the standards and requirements shall still result in the alteration of an existing building or construction of a new building being visually compatible with adjacent existing buildings and buildings on nearby properties.
   3. Modifications of the standards and requirements are necessary as strict compliance would create practical physical difficulties in applying the standards and requirements in the reconstruction or conversion of an existing building. Any modifications permitted shall comply with subsections (d)(1) and (d)(2) above.

(Ord. No. 521, § I, 4-27-15)

Editor's note - Ord. No. 521, § I, adopted April 27, 2015, amended § 90-524 in its entirety to read as set out herein. Former § 90-524 pertained to modification of standards and derived from Ord. No. 478, § I, adopted Feb. 27, 2012.

The B-6 zoning district is primarily intended to provide for an orderly and concentrated development of business along and near South Hanover Street (M-37) in order to serve the needs of the motoring public and local residents. A wide range of retail service, office governmental, institutional and industrial uses are permitted.

(Ord. No. 498, § I, 7-22-13)

Land and structures in the B-6 zoning district may be used for the following purposes only:

1. Any use permitted as a matter of right in the B-1 zoning district, except a residential use is not permitted.
2. Indoor or outdoor commercial recreation facilities such as bowling centers, indoor theaters, skating rinks, racquet clubs, miniature golf, video amusement establishments, pool and billiard establishments or similar uses.
3. Mortuaries or funeral homes.
4. Retail building supply and equipment stores.
5. Retail nurseries and garden centers.
6. Printing, lithography, publishing and photocopy establishments.
7. Building contractors such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, and similar uses provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways.
8. Laboratory, medical or dental.
9. Ambulance service establishments.
10. Warehousing, storage or transfer buildings, but excluding the storage of bulk petroleum or related products, garbage or rubbish.
11. Truck terminals, including maintenance and service facilities.
12. Manufacture, compounding, processing, packaging, treating and assembling from previously prepared materials in the production of:
    1. Food products, including meat, dairy, fruit, vegetable, seafood, grain, bakery, confectionery, beverage, and kindred foods.
    2. Textile mill products, including woven fabric, knit goods, dyeing and finishing, floor coverings, yarn and thread, and other textile goods.
    3. Apparel and other finished products made from fabrics, leather goods, fur, canvas, and similar materials or any materials kept outside must be well screened from the view of nearby properties and roadways.
    4. Lumber and wood products, including mill work, prefabricated structural wood products and containers.
    5. Furniture and fixtures.
    6. Paperboard containers, building paper, building board, and bookbinding.
    7. Printing and publishing.
    8. Chemical products such as plastics, perfumes, synthetic fibers.
    9. Manufacturing of engineering, measuring, optic, medical, lenses, photographic and similar instruments.
    10. Jewelry, silverware, toys, athletic, office and tobacco goods, musical instruments, signs and displays, and similar manufacturing establishments.
13. Wholesale establishments, including automotive equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products and furnishing, and lumber and building products.
14. Research and development facilities, testing and experimental laboratories.
15. Stone yards or monument works.
16. Trade and industrial schools.
17. Tool and die manufacturing establishments.
18. Utility and public service buildings.
19. Lumberyards and other building supply establishments.
20. 
    
21. Mini-warehouses and self-storage facilities. A portion of the site may be used for the outdoor storage of materials, equipment and boats if these items are well screened from the view of nearby properties and roadways.
22. Building contractors such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, and similar uses, provided that any materials or equipment kept outside shall be well screened from the view of nearby properties and roadways.

(Ord. No. 498, § I, 7-22-13)

The following uses may be permitted as special land uses in the B-6 zoning district subject to the applicable general and specific requirements and standards of article XIII of this chapter:

1. Special land uses as permitted in the B-1 zoning district.
2. Open-air businesses, including, but not limited to, the sale of motor vehicles, farm implements, lawn and garden equipment sales and service, motor homes, mobile or modular homes and similar uses.
3. Adult businesses subject to chapter 10, article II.
4. Contractor yards for construction equipment such as bulldozers, backhoes and dump trucks, provided all such equipment and vehicles are stored indoors or otherwise well screened from view of surrounding properties and roadways.
5. Vehicle repair shops (minor or major) provided all work is performed within an enclosed building.
6. Vehicle wash establishments as regulated by section 90-1093.
7. Noncommercial parks, playgrounds and playfields.

(Ord. No. 498, § I, 7-22-13)

Buildings and structures shall not be erected or enlarged in the B-6 zoning district unless the following requirements are met and maintained:

1. No minimum lot area and width is required.
2. Minimum required building setbacks shall be as follows:
   1. There shall be a front yard setback of at least 25 feet provided that:
      1. Where a new building is located between two existing buildings it shall conform to the established setback.
         1. Where an existing setback has been established by one adjacent business building existing at the time of the adoption of the ordinance from which this chapter is derived, the setback required shall not be less than half the sum of the zone requirement and the setback of the existing building.
         2. One side yard of at least ten feet shall be provided. Any side yard provided shall be at least ten feet in width. Where a lot abuts a residential zone or property, a ten-foot side yard shall be provided along that line.
         3. There shall be a rear yard of at least 12 feet, provided that where the rear yard abuts an alley, the full alley width may be counted as part of the required yard.
3. Maximum building height shall be 35 feet.
4. Wherever a B-6 zoning district abuts a residential, apartment or industrial district, landscaping shall be provided as required by article XII of this chapter. For the purposes of the landscape buffer zone in table 8-1 of section 90-1010 of this Code, the B-6 zoning district shall be the equivalent of the B-2 zoning district.
5. All business, service or processing shall be conducted wholly within a completely enclosed building, except for automobile parking, off-street loading, drive-through banking and restaurant facilities, limited temporary outdoor display of merchandise, limited minor repair of vehicles at vehicle repair and service stations, open-air business special land uses, and outdoor seating at restaurants.

(Ord. No. 498, § I, 7-22-13)

1. Off-street parking in the B-6 zoning district shall be regulated by article X of this chapter in the same manner as signs in the B-2 zoning district.
2. Signs in the B-6 zoning district shall be regulated by article XI of this chapter in the same manner as signs in the B-2 zoning district.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.
5. Wherever the B-6 district abuts a residential, apartment or industrial district, landscaping shall be provided as required by article XII of this chapter. For purposes of the landscape buffer zone table 8-1 in section 90-1010, the B-6 zoning district shall be the equivalent of the B-2 district.

(Ord. No. 498, § I, 7-22-13; Ord. No. 522, § I, 4-27-15)

1. Purpose. The purpose of the following regulations is to provide specific design standards for the review and approval of new commercial buildings and redeveloped parcels in the B-6 zoning district in order to achieve the following community objectives:
   1. To encourage commercial building facade treatments that are articulated and enhanced in order to reduce the massive scale and impersonal appearance of large retail buildings.
   2. To maintain and improve community character by requiring buildings to be closer to the street which helps to create shopping areas with a more pedestrian scale.
   3. To encourage developers to use a more creative approach in the design of commercial buildings.
2. Applicability. The following regulations shall apply to those parcels in the B-6 zoning district. To achieve the purposes of this article and to incorporate means and materials that enhance visual interest, economic value, and retail market sustainability in commercial areas in the City of Hastings, developments subject to these regulations shall be designed to substantially incorporate such styles and building materials as set forth in the design standards of this section 90-487. The following developments shall be subject to the design standards of this section:
   1. Newly constructed principal buildings.
   2. Uses which require site plan review by the planning commission per section 90-127 herein.
   3. Exterior alterations, renovations and additions to existing non-residential buildings which require a building permit and which pertain to the building facade which is that portion or portions of a building which front on a public street.
3. Permitted facade materials. The facade of a building, which is defined as that portion or portions of a building, which front on a public street and which also faces an on-site parking lot shall adhere to the following requirement: At least 80 percent of the facade shall be constructed with one or more of the following materials:
   1. Traditional hard coat stucco.
   2. Brick.
   3. Natural or cast stone.
   4. Tinted and/or textured masonry block.
   5. Glass.
   6. Architectural pre-cast panels.
   7. Wood except materials such as T-111, plywood or particle board and similar processed wood materials.
   8. Similar materials as approved by the planning commission.
4. Wall designs and features. That portion of a building which fronts on a public street shall be designed to eliminate large expanses of blank walls. Among other methods, this can be accomplished from the application of two or more of the following approximately every 50 feet in wall length:
   1. Doors with corniced parapets over the main entry door.
   2. Display windows that orient street-level customers to products.
   3. Arched entryways, canopies or awnings.
   4. Providing changes in the plane of a wall such as offsets, or projecting ribs which are at least 12 inches in width.
   5. Change in texture, color or masonry pattern.
   6. Pilasters, piers or columns.
   7. Other applications as approved by the planning commission which meet the intent of this section.
   8. Facade walls more than 100 feet in total length must also incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade.
   9. Side or rear walls that face rear walkways or rear or side service drives may include false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations of the wall, but only when actual doors and windows are not feasible.
5. Facades. All facades shall have a recognizable "top" or upper portion consisting of one or more of the following:
   1. Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials.
   2. Sloping roof with overhangs and brackets.
   3. Stepped parapets.
   4. If the building has more than one story the facade shall have a horizontal expression line which separates each floor.
6. Customer entrances. Building facades shall exhibit clearly defined, highly visible and articulated front and, if provided, rear customer entrances, that feature at least two of the following:
   1. Canopies or porticos.
   2. Overhangs.
   3. Recesses or projections of at least three percent of wall length.
   4. Arcades.
   5. Raised cornice parapets over the door.
   6. Distinctive roof forms.
   7. Arches.
   8. Outdoor patios.
   9. Display windows.
7. Roofs.
   1. Buildings shall be topped with pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Materials for pitched roofs shall include shingles (either wood or asphalt composition), slate, tiles, or other material if such other material is similar to the roofs on nearby buildings in the business design overlay zone.
   2. Parapets shall be used to conceal flat sections of roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 25 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall.
8. Parking.
   1. No more than two rows of off-street parking shall be located within the front yard, which is defined as the area between the principal building and the front lot line across the entire width of the lot. In certain circumstances the planning commission may allow permitted and special land uses to have more than two rows of parking between the building and the front lot line. In determining when such parking should be allowed the commission shall consider the following criteria:
      1. Whether the need for truck loading and unloading docks and maneuvering areas for trucks does not allow for required parking spaces to be located to the side or in the rear of the building;
      2. The width of the lot relative to the size of the building;
      3. The parking requirements for large "big box-type" stores create difficulties in providing the majority of the required parking in the side or rear yards;
      4. Whether additional front yard parking would result in the preservation of a natural site feature(s);
      5. Whether parking in the side or rear yard is impractical due to a wetland or steep slope or other similar natural feature.
   2. For parcels located on a corner lot the above requirements shall only apply to that street which, in the opinion of the zoning administrator, carries the most traffic. For the remaining street the parking lot may be located in the front yard subject to the setback regulations of the zoning district in which it is to be located.
9. Sidewalks.
   1. Sidewalks shall be provided along all streets abutting a parcel in accordance with city standards. Sidewalks shall be a minimum of five feet wide.
   2. The commission may also require, where practical and feasible, that a walkway be provided extending from the public sidewalk to the entrance of the building on the site in order to provide for safe pedestrian access.
10. Additional considerations. In order to promote non-motorized access to businesses along South Hanover Street corridor, bike racks at individual stores are encouraged to be provided as well as lighting of non-motorized trails which traverse or abut the property.
11. Modification of standards. The design standards and requirements of section 90-487 may be modified by the planning commission for those projects which require site plan review by the commission. In determining whether to approve a modification, the planning commission shall submit findings of fact regarding the following factors:
    1. The modification shall satisfy the purposes of the B-6 zone as stated herein.
    2. Modification of the standards and requirements shall still result in the alteration of an existing building or construction of a new building being visually compatible with adjacent existing buildings and buildings on nearby properties.
    3. Modifications of the standards and requirements are necessary as strict compliance would create practical physical difficulties in applying the standards and requirements in the reconstruction or conversion of an existing building. Any modifications permitted shall comply with subsections (a) and (b) above.

(Ord. No. 498, § I, 7-22-13)

The D-1 district includes the older industrial areas within the city, which are characterized by older buildings with minimal building setbacks and site improvements. Most generally recognized industrial uses are permitted along with accessory retail sales. As these older buildings are expanded and reused, improvements should be made to protect nearby nonindustrial uses from these industrial operations.

(Ord. No. 301, § 7(3.220), 2-10-97)

Land and structures in the D-1 district may be used for the following purposes only:

1. Warehousing, storage or transfer buildings, but excluding the storage of bulk petroleum or related products, garbage or rubbish.
2. Truck terminals, including maintenance and service facilities.
3. Manufacture, compounding, processing, packaging, treating and assembling from previously prepared materials in the production of:
   1. Food products, including meat, dairy, fruit, vegetable, seafood, grain, bakery, confectionery, beverage, and kindred foods.
   2. Textile mill products, including woven fabric, knit goods, dying and finishing, floor coverings, yarn and thread, and other textile goods.
   3. Apparel and other finished products made from fabrics, leather goods, fur, canvas, and similar materials or any materials kept outside must be well screened from the view of nearby properties and roadways.
   4. Lumber and wood products, including mill work, prefabricated structural wood products and containers.
   5. Furniture and fixtures.
   6. Paperboard containers, building paper, building board, and bookbinding.
   7. Printing and publishing.
   8. Chemical products such as plastics, perfumes, synthetic fibers.
   9. Manufacturing of engineering, measuring, optic, medical, lenses, photographic and similar instruments.
   10. Jewelry, silverware, toys, athletic, office and tobacco goods, musical instruments, signs and displays, and similar manufacturing establishments.
   11. Metals, minerals, and other naturally occurring substances.
4. Wholesale establishments, including automotive equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products and furnishing, and lumber and building products.
5. Research and development facilities, testing and experimental laboratories.
6. Stone yards or monument works.
7. Trade and industrial schools.
8. Tool and die manufacturing establishments.
9. Utility and public service buildings.
10. Lumberyards and other building supply establishments.
11. Essential public service equipment, structures and buildings.
12. Vehicle repair shops (minor or major) provided all work is performed within an enclosed building.
13. Mini warehouses and self-storage facilities. A portion of the site may be used for the outdoor storage of materials, equipment and boats if these items are well screened from the view of nearby properties and roadways.
14. Building contractors such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, and similar uses, provided that any materials or equipment kept outside shall be well screened from the view of nearby properties and roadways.
15. Customary accessory buildings and uses, including limited retail sales provided such sales are accessory to the permitted use.
16. Private communication antennas not exceeding 35 feet in height as regulated by section 90-833.
    
17. Food Truck/Food Truck Park as regulated by Division 90-IX-9.
    

(Code 1970, § 3.100; Ord. No. 301, § 7(3.221), 2-10-97)

The following uses may be permitted as special land uses in the D-1 district subject to the applicable general and specific requirements of article XIII of this chapter:

1. Open-air businesses, including but not limited to the sale of motor vehicles, farm implements, lawn and garden equipment sales and service, motor homes, mobile or modular homes, and similar uses.
2. Contractor yards for construction equipment such as bulldozers, backhoes and dump trucks, provided all such equipment and vehicles are stored indoors or otherwise well screened from view of surrounding properties and roadways.
3. Antennas and towers exceeding a height of 35 feet.
4. Gasoline stations as regulated by section 90-1084.
5. Noncommercial parks, playgrounds and playfields.
6. Commercial Kennels as regulated by Section 90-1083 subsection (c).
   
7. Vehicle wash establishments as regulated by Section 90-1093.
   
8. Parking lots for the overnight parking of semi-tractors, semi-trailers, vehicles with 2 or more rear axles, large single rear axle trucks, and recreational vehicles on a short-term basis, subject to compliance with the parking lot requirements established by Section 90-920.
   

(Ord. No. 301, § 7(3.222), 2-10-97; Ord. No. 364, § 3, 1-27-03)

Buildings and structures shall not be erected or enlarged unless the following requirements are met and maintained:

1. No minimum lot area and width is required.
2. Minimum required building setbacks shall be, for the:
   1. Front yard, ten feet.
   2. Side and rear yard, ten feet; except where a D-1 property abuts a residentially zoned lot, the minimum setback shall not be less than two times the height of the building.
3. Maximum building height shall be 40 feet.
4. Maximum lot coverage shall be 40 percent.
5. Wherever a D-1 district abuts an existing residential district, an apartment, office or commercial district, landscaping shall be provided as required by article XII of this chapter.

(Code 1970, § 3.104; Ord. No. 301, § 7(3.223), 2-10-97)

The following development standards are designed to mitigate negative impacts on nearby properties and shall apply to all uses in the D-1 district:

1. All storage of materials related to the use are to be kept within a completely enclosed building or within an area enclosed on all sides by a solid fence, green belt, or wall at least six feet in height. Further, all business shall be conducted in such a manner that any noise, smoke, dust, vibration, or like nuisance shall not adversely affect adjoining properties.
2. Industrial equipment on a site, including trucks, shall not be operated in a manner such that it produces noise above 75 decibels when measured at the nearest occupied residential dwelling unit.
3. Operations that involve the repair or storage of damaged vehicles shall immediately remove all fluids from such vehicles if there is evidence that leaking of fluids is occurring or could occur. This is necessary to minimize fire hazards and to prevent such fluids from contaminating groundwater and surface water.
4. Any use permitted in the D-1 district shall not create a vibration discernible to off-site residents or occupants.

(Code 1970, § 3.103; Ord. No. 301, § 7(3.224), 2-10-97)

1. Off-street parking in the D-1 district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.102; Ord. No. 301, § 7(3.225), 2-10-97)

It is the intent of this division to encourage and facilitate the development of more intensive industrial enterprises in a setting appropriate to such uses. Land conducive to the intent of the D-2 district is limited in availability and is therefore primarily restricted to industrial uses.

(Ord. No. 301, § 7(3.230), 2-10-97)

Land and structures in the D-2 district may be utilized for the following purposes only:

1. Uses permitted in the D-1 district.
2. General manufacturing, fabrication, and assembly operations.
3. Chemical processes and operations such as drugs, soaps, detergents, paints, enamels, wood, chemicals, agriculture, and allied chemicals.

(Code 1970, § 3.110; Ord. No. 301, § 7(3.231), 2-10-97)

The following uses may be permitted as special land uses in the D-2 district subject to the applicable general and specific requirements of article XIII of this chapter.

1. Special uses as permitted in the D-1 district.
2. Asphalt, concrete, or similar refining and manufacturing.
3. Salvage yards.
4. Refuse and garbage incinerators.
5. Scrap tire collection sites and scrap tire processors.
6. Manufacture of gas, coke or coal tar products.
7. Manufacture of ammunition, fireworks or other explosives.
8. Stockyards and slaughterhouses.
9. Blast furnaces, drop forges, petroleum refining, metal stamping, and similar uses.
10. Solid waste processing facility, including composting as an incidental use.
11. Petroleum refining and bulk storage facilities.
13. Police stations with or without lock up facilities.
14. Bus transit facilities including maintenance and parking of buses.

(Ord. No. 301, § 7(3.232), 2-10-97; Ord. No. 355, § 1, 8-26-02)

Buildings and structures shall not be erected or enlarged in the D-2 district unless the following requirements are met and maintained:

1. No minimum lot area and width is required.
2. Minimum required building setbacks shall be, for:
   1. Front yard, 25 feet.
   2. Side and rear yard, 25 feet; except where a D-2 property abuts a residentially zoned lot, the minimum setback shall not be less than two times the height of the building.
3. Maximum building height shall be 40 feet.
4. Maximum lot coverage shall be 40 percent.
5. Whenever a D-2 district abuts an existing residential district, an apartment, office or commercial district, landscaping shall be provided as required by article XII of this chapter.

(Code 1970, § 3.113; Ord. No. 301, § 7(3.233), 2-10-97)

The following development standards are designed to mitigate negative impacts on nearby properties and shall apply to all uses in the D-2 district:

1. All storage materials related to the use are to be kept within a completely enclosed building or within an area enclosed on all sides by a solid fence, green belt, or wall at least six feet in height. Further, all business shall be conducted in such a manner that any noise, smoke, dust, vibration or like nuisance shall not adversely affect adjoining properties.
2. Industrial equipment on a site, including trucks, shall not be operated in a manner such that it produces noise above 75 decibels when measured at the nearest occupied residential dwelling unit.
3. Operations that involve the repair or storage of damaged vehicles shall immediately remove all fluids from such vehicles if there is evidence that leaking of fluids is occurring or could occur. This is necessary to minimize fire hazards and to prevent such fluids from contaminating groundwater and surface water.
4. Any use permitted in the D-2 district shall not create a vibration discernible to off-site residents or occupants.

(Ord. No. 301, § 7(3.234), 2-10-97)

1. Off-street parking in the D-2 district shall be regulated by article X of this chapter.
2. Signs shall be regulated by article XI of this chapter.
3. Site plan review as regulated by article IV of this chapter is required for all special land uses.
4. Site condominiums shall be regulated by article VIII of this chapter.

(Code 1970, § 3.112; Ord. No. 301, § 7(3.235), 2-10-97)

The floodplain district is intended primarily to protect those undeveloped areas of the city subject to predictable flooding in the floodplain area of the Thornapple River, Butler Creek and Fall Creek so that the reservoir capacity will not be reduced or to impede, retard, accelerate or change the direction of flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. These regulations, while permitting reasonable use of such properties, will help to protect human life, prevent or minimize material and economic losses and reduce the cost to the public in time of emergency through public aid and relief efforts occasioned by the unwise occupancy of such flood areas.

(Code 1970, § 3.224)

The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled Barry County, Michigan (All Jurisdictions) dated May 4, 2009 and the Flood Insurance Rate Maps (FIRM) panel numbers 26015C; 0190C, 0191C, 0192C, 0193C, and 0194C dated May 4, 2009 are adopted for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the "Flood Hazards" section of Table R301.2(1) of the Michigan Residential Code.

(Ord. No. 442, § I, 4-27-09)

Editor's note - Ord. No. 442, § I, adopted April 27, 2009, amended § 90-602 in its entirety to read as herein set out. Formerly, § 90-602 pertained to floodplain areas and derived from the original codification of 1970, § 3.225.

Notwithstanding any other provisions of this division, no building or structure shall be erected, converted or structurally altered and no land and/or structure shall be used except for one or more of the following uses: Open space uses such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature trails, and recreation; provided no alteration is made to the existing level of the floodplain or structure provided that may interfere with the flow of the river or floodplain capacity.

(Code 1970, § 3.226)

Land within the 100-year floodplain may be utilized if the proposed use, including any structure, is approved as a special land use by the planning commission in accordance with the requirements for special land use as contained in this chapter and subject to the following conditions:

1. The applicant has first obtained approval from the state department of natural resources in accordance with the provisions of Act No. 451 of the Public Acts of Michigan of 1994 (MCL 324.3104).
2. The use pattern and structure proposed to accomplish the use shall be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water.
3. All buildings constructed under special use permits shall have a minimum first floor elevation of not less than one foot above the established floodplain elevation. For the purpose of this article, the term "first floor elevations" shall mean any floor usable for living purposes, which includes basements, working, sleeping, eating, cooking or recreation areas, or a combination thereof.
4. Utilities, roads, off-street parking, railroads, structures and buildings for public or recreational uses may be permitted when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.
5. All developments shall be built in such a way to be reasonably safe from flooding and shall be consistent with the standards of sections 60.3d and 60.6a of the rules and regulations of the National Flood Insurance Study program (44-CFR59-etc.).

(Code 1970, § 3.227; Ord. No. 280, § 3.227, 10-24-94; Ord. No. 301, § 11, 2-10-97)

Prior to the issuance of a building permit for structures on or adjacent to floodplain areas, the building inspector shall require the applicant for such permit to submit an approved permit by the state department of natural resources, topographic data, engineering studies, proposed site plan and/or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All such required data shall be prepared by a registered professional civil engineer.

(Code 1970, § 3.228)

The city shall incur no liability whatsoever by permitting any use or building within a floodplain within the city.

(Code 1970, § 3.229)

Pursuant to the provisions of the State Construction Code, in accordance with Sections 8b (6) of Act 230, of the Public Acts of 1972, as amended, the building inspector of the City of Hastings, Barry County, Michigan is hereby designated as the enforcing agency to discharge the responsibility of the City of Hastings under Act 230, of the Public Acts of 1972, as amended. The City of Hastings assumes responsibility for the administration and enforcement of said Act through out the corporate limits of the community adopting this ordinance.

(Ord. No. 442, § II, 4-27-09)

Pursuant to the provisions of the State Construction Code, in accordance with Section 8b (6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the City of Hastings.

(Ord. No. 442, § II, 4-27-09)

The purpose of this section is to provide for the preservation of natural areas adjacent to the Thornapple River within the City of Hastings. Within the river protection overlay zone, certain types of future development and uses will be controlled so as to benefit most of the existing private development, and to maintain or improve the Thornapple River environment and water quality for its scenic and recreational values.

(Ord. No. 426, § I, 6-23-08)

The river protection overlay zone includes those areas that extend 50 feet from the shoreline of the Thornapple River, excluding any tributaries, except that in the B1 and B2 zoning districts the overlay zone shall include the area 25 feet from the shoreline of the Thornapple River and all wetlands contiguous to the Thornapple River.

Such area is illustrated as the river protection overlay zone on the City of Hastings Zoning Map as amended.

(Ord. No. 426, § I, 6-23-08)

Land located within the river protection overlay zone shall be subject to the following development standards:

1. Provisions. A dwelling unit or other principal building shall not be constructed within the river protection overlay zone except that the following structures may be permitted:
   1. Flood control or bank protection structures permitted or constructed by authorized state or federal agencies.
   2. Pedestrian or vehicular bridges when designed and constructed in a manner that minimizes impact on the Thornapple River feature.
   3. Boardwalk access to or through wetlands when constructed in accordance with a permit issued by the Michigan Department of Environmental Quality.
   4. One pump house per lot housing a pump used for irrigation when setback a minimum of 15 feet from the ordinary high water mark, and having a maximum ground coverage of nine square feet.
2. Minimum principal structure setback. A principal structure shall not be erected closer than 50 feet from the ordinary high water mark of the river or contiguous wetland except on nonconforming lots of record or where there are steep banks.
3. Principal structure exception for steep banks. Where there is a steep stream bank, a principal structure may be constructed closer to the Thornapple River feature according to the following schedule: Where the bank height at the bluff is (a) feet as measured in vertical feet from the ordinary high water mark, the principal structure may be located no closer than (b) horizontal feet from the bluff or the ordinary high water mark, whichever is greater.
   
   

   Bank Height	Setback from Bluff or Ordinary High Water Mark
   (a)	(b)
   10	40
   15	35
   20	30
   25 (or greater)	25

4. Minimum accessory structure setback. Any building accessory to the principal building may be allowed to be constructed to within 25 feet from the ordinary high water mark of the river or contiguous wetland.
5. Minimum fencing setback. Fencing may be allowed to be constructed to within 25 feet from the ordinary high water mark of the river or contiguous wetland.
6. Additional provisions. Land areas located within the river protection overlay zone are subject to the following provisions:
   1. A natural vegetation zone 25 feet wide, bordering each side of the designated mainstream (except as provided for in the B1 and B2 zoning districts where the vegetation zone will be ten feet wide), shall be maintained in trees, shrubs, and other vegetation native to the area. It is the intent of the natural vegetation strip to provide a functional vegetative corridor along the edge of a stream. Its functions shall be to protect water quality, animal habitat, and aesthetic values of the Thornapple River feature by minimizing erosion, stabilizing the bank, minimizing nutrient flows into the water, shading the water to maintain low temperatures, and screening man-made structures.
   2. Dead, diseased, unsafe, or fallen trees, and noxious weeds and shrubs may be removed.
   3. Existing lawns at the time of adoption of this division may be allowed to remain.
   4. Trees and shrubs may be pruned to afford a view of the river.
   5. Selective removal of trees for commercial timber harvest or landscaping shall be permitted upon written approval of the zoning administrator.
   6. A trail or walkway a maximum of eight feet in width may be allowed to afford access to the river. One access point for every 50 feet of river frontage, with 30 feet of separation is allowed.
7. Vegetation strip exception for steep banks. Where there is a steep bank and the bank can be used as a functional vegetative buffer, the vegetation strip above the bluff may be reduced according to the following schedule: Where the bank height at the bluff is (a) feet as measured in vertical feet from the ordinary high water mark, the vegetation strip may be reduced to (b) horizontal feet from the bluff in all zoning districts (except the B1 and B2 zoning districts), according to the following schedule:
   
   

   Bank Height	Setback from Bluff
   (a)	(b)
   5	20
   10	15
   15	10
   20 (or greater)	5

   Where the bank height at the bluff is (a) feet as measured in vertical feet from the ordinary high water mark, the vegetation strip may be reduced to (b) horizontal feet from the bluff in the B1 and B2 zoning districts, according to the following schedule:
   
   

   Bank Height	Setback from Bluff
   (a)	(b)
   5 (or greater)	5

(Ord. No. 426, § I, 6-23-08)

Land, water and/or building in the river protection overlay zone may be used for the following purposes only. Dwelling units and structures, other than those provided herein are specifically prohibited from the river protection overlay zone.

1. Damming, dredging, filling, or channelization, only if approved by the department of natural resources (Sections 10 and 15, Act 231).
2. Water withdrawal for irrigation, only for reasonable use.
3. Stream improvements for fish habitat, bank stabilization, and other natural resource management practices, which might alter the natural character of the stream, only if approved by the department of natural resources.
4. Gas or oil pipelines, or electrical transmission lines, only if approved by the department of natural resources.
5. Signs, only if necessary for identification, direction, resource information, or regulation of use subject to the sign regulations of the City of Hastings.
6. Groundwater wells.
7. Grills and picnic equipment for use by individual property owners within the River Protection Overlay Zone.
8. Fishing and hunting.
9. Licensed motor vehicles, only when operated on existing public roads, or designated trails on public land.
10. Off-road vehicles, only when operated on designated trails on publicly owned land and on private property by the landowner or their guest.
11. Private docks and/or bulkheads provided that natural materials such as rocks and logs are used in the construction of such facilities, and only if approved by the department of natural resources.

(Ord. No. 426, § I, 6-23-08)

The use of land which is within the B1, B2, and B-3 districts and which is also within the river protection overlay zone shall only be allowed as a special land use in accordance with the requirements for special land uses as contained in article XIII of chapter 90 of the Code of Ordinances. In addition, if the land is within the floodplain zoning district, the applicant shall also comply with the applicable requirements of that district as contained in chapter 90 of the Code of Ordinances

(Ord. No. 527, § II, 4-27-15)

Editor's note - Ord. No. 527, § II, adopted April 27, 2015, amended § 90-605A in its entirety to read as set out herein. Former § 90-605A pertained to uses permitted by special use permit and derived from Ord. No. 426, § I, adopted June 23, 2008.

The uses outlined in section 90-605A shall be reviewed by the zoning administrator who may also refer such uses to the planning commission to be reviewed in accordance with the requirements for site plan review as contained in article 4 in chapter 90 of the Code of Ordinances.

Review of site plans by the zoning administrator shall be in accordance with the same procedures, requirements and standards required for site plans reviewed by the planning commission except the number of site plan copies and submittal date shall be to the discretion of the zoning administrator. The zoning administrator may waive specific site plan review submittal requirements if is determined that such requirements are not relevant to the site plan under consideration. Following approval of a site plan, the zoning administrator shall notify the planning commission.

(Ord. No. 426, § I, 6-23-08)

The City of Hastings shall incur no liability whatsoever by permitting any use within the river protection overlay zone within the city limits.

(Ord. No. 426, § I, 6-23-08)

The purpose of this chapter is to allow detached accessory buildings reflective of the style and size of the existing houses in R2 zoned areas of the city. This type of accessory building would be more than one story in height and be similar in architectural style to the existing house on the property. Such accessory buildings would maintain the character and historical nature of the R2 zoned areas of the city but would not fit other residentially zoned portions of the city. These regulations are not intended as a means to simply allow taller or larger accessory buildings in the R2 zone.

The regulations of the accessory building overlay zone are designed to ensure that these larger accessory buildings are characteristic of their neighborhood, are compatible with nearby properties and are given adequate public review.

(Ord. No. 319, § I, 6-28-99)

The regulations of this article shall apply to all parcels which are zoned R2 as illustrated on the official city zoning map.

(Ord. No. 319, § I, 6-28-99)

1. The requirements of this chapter are in addition to and shall supplement those requirements of the underlying R2 zoning district imposed by this division and other ordinances of the city. These regulations supersede all conflicting regulations of the underlying R2 zoning district to the extent of any such conflict.
2. The regulations of this section shall not apply to accessory buildings in the R2 zoning district which comply with the building height requirements of subsection 90-831(d)(1).
3. 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.
4. The height of any door opening shall not be greater than eight feet.
5. 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.
6. 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.
7. 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.
8. Accessory buildings shall not be constructed with a flat roof. The roof shall be covered with asphalt, fiberglass or cedar shingles or another building product which matches or is similar to the roof of the principal building on the same lot or nearby lots.

(Ord. No. 319, § I, 6-28-99)

1. Special land use. Any person wishing to construct an accessory building higher than 14 feet within the accessory building overlay zone shall first obtain a special land use in accordance with the procedures of article XIII of this chapter except as noted herein.
2. 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.

(Ord. No. 319, § I, 6-28-99)

The planning commission shall hold a public hearing as required by section 90-47 and make a decision on the special land use. To approve a special land use under this section the planning commission shall find that the request meets the standards of section 90-1049 and the following standards:

1. The proposed accessory building meets the standards of section 90-613.
2. The size, location, appearance, and architectural style of the proposed accessory building will be compatible with the house on the lot and with the existing building characteristics of the immediate neighborhood.

(Ord. No. 319, § I, 6-28-99; Ord. No. 407, § IV, 8-28-06)

In approving a request for a special land use under this section, the planning commission may impose conditions in accordance with section 90-1050 and may modify the proposed size of the accessory building in order to achieve the intent of the accessory building overlay zone.

(Ord. No. 319, § I, 6-28-99)