The purpose of the Court Street PUD is preserve the residential character, privacy, property values and safety of the neighborhood south of Court Street while allowing for the expansion of the central business district to meet the demand for additional commercial growth in the City of Hastings. Design standards for the Court Street PUD are intended to visually and functionally connect the Court Street PUD to the central business district. The Court Street PUD is intended to apply to a specific area along the north side of Court Street which abuts commercial land uses fronting on West State Street.

The area south of Court Street is a stable neighborhood characterized by well kept single-family houses. Such neighborhoods are an integral component of the City of Hastings and contribute to the vitality of the downtown area and the city as a whole. It is important that the development on the north side of Court Street be of a type and design that protects and enhances the character and vitality of the neighborhood to the south.

Residential use is preferred along the north side of Court Street as this type of land use can best achieve the objectives of the Court Street PUD District. Nonresidential uses, however, may be permitted in this area if the objectives of this article can be met along with the design standards of this article. The intent of the Court Street PUD is to achieve the following objectives:

1. Buildings within the PUD shall be of a size, scale and appearance which relate visually to nearby residential uses and which are visually and functionally integrated into the neighborhood.
2. The appearance of the buildings facing State Street shall be as attractive as the buildings on the Court Street side.
3. Uses within the Court Street PUD should be a mix of retail, service, office and residential complemented by public space such as courtyards, squares, fountains, sitting areas or walkways to encourage shopping and social interaction and become an extension of the central business district.
4. Traffic control and traffic calming measures, including the number and placement of driveways onto public streets abutting the PUD, shall be well planned so that traffic volumes on Court Street do not significantly increase, turning movements to and from State Street are minimized, pedestrian safety along Court Street and State Street is not adversely affected and cut through traffic is minimized.
5. Walkability should be significant feature within the Court Street PUD. Safe and efficient design for pedestrian movement should be provided in order to ensure a physical connection to the central business district to the east and the commercial uses to the west and to benefit pedestrian movement between commercial and residential uses within the PUD.

(Ord. No. 382, § 1(90-725A), 5-24-04)

The Court Street Planned Unit Development District may be approved by the Hastings City Council following a recommendation from the planning commission for that area recommended by the Hastings Master Plan in accordance with the procedures of this article. The granting of the Court Street PUD rezoning shall require an amendment of the zoning ordinance and zoning map. An approval granted under this article shall constitute a part of the zoning ordinance.

(Ord. No. 382, § 1(90-726A), 5-24-04)

Only the following uses are permitted within the Court Street PUD District:

1. Attached single-family dwellings and townhouses.
2. 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 multifamily dwelling is prohibited.
3. Multifamily dwellings.
4. Bed and breakfast establishments
5. Personal service establishments which perform services on the premises within a completely enclosed building such as repair shops (electronics, clocks, shoes, etc.), tailor shops, salons, barber shops, licensed massage clinics, interior decorators, photographers, and other personal service establishments that meet the intent of this chapter.
6. Retail sale of products including but not limited to:
   1. Antique sales.
   2. Art gallery and artist supply store.
   3. Bakeries.
   4. Book stores.
   5. Candy store.
   6. Card store.
   7. Clothing store.
   8. Consumer electronics.
   9. Decorator shop (paint, wallpaper, lighting, floor covering).
   10. Fabric shop.
   11. Florist.
   12. Hardware store.
   13. Ice cream shops.
   14. Jewelry store.
   15. Liquor.
   16. Meat markets.
   17. Musical instrument and products store.
   18. Office supply store.
   19. Pharmacy. Drive through facilities may be allowed but only if specifically approved by the city council following a recommendation from the planning commission.
   20. Photography supply store.
   21. Photo copy and printing shop.
   22. Restaurants without drive-through, drive-in, or drive-up services.
   23. Sporting goods.
   24. Video rental and sales.
7. Offices and showrooms of plumbers, electricians, decorators, or other similar trades.
8. Offices of an executive, administrative, or professional nature.
9. Banks and financial institutions. Drive through facilities may be allowed but only if specifically approved by the city council following a recommendation from the planning commission.
10. Essential public service equipment, buildings, and structures.
11. Fraternal or social club or lodge.
12. Laundry, laundromat, and dry cleaning.
13. Medical and dental offices.
14. Pool or billiard parlor.
15. Studios for instruction of dance, music, and the arts.
16. Public and institutional uses.
17. An existing single-family dwelling which is on a lot with frontage on State Street may be used for one of the above permitted uses in addition to being used at the same time for residential use subject to the requirements of this article.
18. Other similar uses that meet the intent of this district subject to the specific approval of the city council.
19. Accessory uses buildings and structures customarily incidental to the above uses.

(Ord. No. 382, § 1(90-727A), 5-24-04)

Uses in the Court Street PUD District shall comply with the following regulations:

1. Minimum lot size/placement of commercial buildings/use of existing buildings.
   1. New commercial, office and other nonresidential uses shall only be constructed on a lot which has a minimum width of 132 feet on both State Street and Court Street with a minimum lot depth of 264 feet throughout the lot. If this lot is subsequently developed for a nonresidential use the lot depth may then be reduced but only to allow new residential development to occur on that portion of the lot fronting on Court Street. A new lot may be created to accommodate this new residential use in accordance with subsection (2) hereinbelow.
      Also, lots with a depth of less than 264 feet may be approved for nonresidential uses fronting on State Street if new residential uses have been developed along the north side of Court Street which prevents the creation of a nonresidential lot with 264 feet of depth from being achieved.
   2. New residential uses shall only be constructed on lots which have a minimum width of 132 feet on Court Street and a maximum depth of 90 feet.
   3. No part of any nonresidential building and the parking lot serving such building shall be more than 160 feet from the State Street right-of-way. The city council, following a recommendation from the planning commission, may modify this requirement if it is demonstrated that interior block vehicle circulation will be maintained between uses and that residential land use along the north side of Court Street for that block under consideration can still be accomplished as recommended by the Hastings Master Plan.
   4. Dwellings and other uses existing at the date of adoption of this article are subject to the following regulations:
      1. Such uses may continue even if such uses do not conform to the requirements of this article.
      2. A change in the use of such building, structure or property or an expansion of such use, building or property shall be subject to the applicable review procedures and regulations of this article. If such expansion or change requires additional land the minimum lot size requirement shall be increased to the extent necessary to accommodate any additional required parking and to meet other required design standards of the Court Street PUD including but not limited to such standards as building setbacks, landscaping, lighting and vehicular and pedestrian circulation. The minimum lot size shall be determined by the city council following a recommendation by the planning commission.
   5. Uses which have been approved according to the regulations of this article and which subsequently are desired to be changed by an applicant shall be subject to the requirements of sections 90-127 and 90-674 of the Hastings Zoning Ordinance which regulates modifications to approved site plans and PUD's.
2. Density and building size for residential uses. The density and number of dwellings per building for residential uses shall be determined by the city council following a recommendation from the planning commission. In determining the proper density and building size for any project in the Court Street PUD the council shall consider the impact of the density and building size proposed by the applicant on the existing residential character along Court Street. In making this determination the council shall take into consideration the proposed building type and size, the vehicular and pedestrian traffic to be generated, the proposed parking for the residential use and whether or not these or other project design items are likely to significantly detract from the existing residential character along Court Street.
   The council shall have the authority to modify the proposed density and building size in order to ensure that the project is compatible with the existing Court Street character.
3. Minimum and maximum setbacks.
   1. For all streets other than State Street the front setback shall be no more than ten feet from the right-of-way line.
   2. The front setback from the State Street right-of-way shall be no more than 20 feet and no less than ten feet in order to provide a transition in the visual character from the strip commercial development west of Market Street to the traditional downtown of the Hastings central business district.
   3. The side and rear setbacks shall be determined by the planning commission in its review of the final site plan. In determining the setbacks the planning commission 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 fire fighting purposes, and whether or not the proposed setbacks will create unusable or unsafe areas.
4. Building height. Maximum building height shall be 40 feet.
5. Vehicle access and circulation.
   1. Driveways onto Court Street which serve nonresidential uses are prohibited.
   2. Access to Park, Washington and Market Streets shall be provided for all uses within the Court Street PUD. Parcels with frontage on these streets shall allow for interior parcels to access these streets. Such access shall be determined by the planning commission during review of the final site plan. Easements for access and maintenance of driveways and access drives which are to be used by more than one property owner shall be provided prior to approval of any final site plan.
   3. Driveways onto State Street shall be subject to the access control standards of section 90-132 of this Zoning Ordinance.
   4. Interior circulation and building placement shall be designed so that all parcels within a block are accessible to each other by way of an alley, parking lot connections, service drives or similar means.
6. Pedestrian circulation.
   1. Sidewalks shall be provided along all streets abutting a parcel. For sidewalks along State Street the sidewalk shall be placed within the front setback and an easement granted to the City of Hastings for public use of the sidewalk. 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 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 district.
   2. Pedestrian safety measures such as painted crosswalks, "bump outs" at public street intersections, maintaining clear vision areas at driveways and building corners and other such measures shall be provided as determined to be necessary by the planning commission.
7. Parking.
   1. On site parking shall be provided according to the requirements of article X of the Hastings Zoning Ordinance.
   2. Off-street parking of vehicles for nonresidential uses between the Court Street right-of-way and any buildings on the site shall be minimized or may be prohibited if in the opinion of the planning commission such parking would be a nuisance to nearby residents.
   3. Parking located along any street shall be screened by a decorative fence, brick wall, or hedge not to exceed a height of three feet. The use of earthen berms shall be prohibited.
8. Lighting.
   1. All outdoor light fixtures including building mounted fixtures shall be cut-off fixtures as defined by IENSA (Illumination Engineering Society of North America) except those fixtures listed in subsection (2) below. The intensity of the light emitted from the fixture at any angle above a cut-off angle of 80 degrees from the vertical must be less than ten percent of the total lamp lumens emitted above a horizontal plane running through the lowest point on the fixture where light is emitted.
   2. The use of fixtures from a particular period or architectural style may be utilized as alternatives or supplements to the lighting described in subsection (1) above. If such fixtures are not cut-off fixtures as defined by IENSA, the maximum initial lumens by each fixture shall not exceed 2,000 (equivalent to a 150 watt incandescent bulb). The height of such alternative fixtures shall not exceed ten feet.
   3. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision, safety and comfort and not to cause glare or direct illumination onto adjacent properties or streets.
   4. The level of light trespass onto nearby residential properties and roads shall not exceed 0.01 foot-candles.
   5. A separate lighting plan shall be submitted to demonstrate compliance with the requirements of this section.
   6. Lighting terms used in this section shall have the same meaning as set forth in the IENSA's Lighting Handbook.
   7. Illumination of building facades facing Court Street is prohibited.
   8. Outdoor lighting fixtures serving nonresidential uses which are visible from south of Court Street may be required to be turned off between 11:00 p.m. and 6:00 a.m. if, in the opinion of the planning commission, such light would pose a nuisance to residents if kept on all night.
9. Signs.
   1. Signs for lots which have frontage on State Street shall comply with the requirements of article XI of the Hastings Zoning Ordinance as are applicable to the proposed use except as follows:
      1. Each lot containing a nonresidential use or commercial establishment facing State Street is permitted to have one ground sign, but not a pole sign, along the State Street frontage 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. Wall signs shall not exceed ten percent of the area of the wall to which they are attached 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 section 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.
   2. Signs which face Court Street shall be limited to the following:
      1. Ground directional signs no higher than three feet and signs above doors. Such signs shall not exceed six square feet in area.
      2. Signs for residential and institutional uses as regulated by section 90-973.
   3. For signs which will be illuminated plans must be submitted for review by the planning commission to ensure that sign lighting does not create a glare for drivers and nearby residents. Such signs may be required to be turned off between 11:00 p.m. and 6:00 a.m. if, in the opinion of the planning commission, such light would pose a nuisance to nearby residents if kept on all night.
   4. All uses in the Court Street PUD shall display address numbers in accordance with City of Hastings Ordinance No. 281, section 18-451 et seq.
10. Landscaping.
    1. Landscaping shall be provided in accordance with the requirements of article XII of the Hastings Zoning Ordinance although shade trees shall be emphasized in order to provide shade, continuity in landscape design and visibility of storefronts.
    2. The landscaping along Court Street shall be designed to complement and enhance the appearance of Court Street and the buildings facing Court Street but not in such amounts that the buildings are hidden or obscured.
11. Building appearance for nonresidential uses.
    1. New nonresidential buildings shall have an architectural style respecting the scale, proportion, character, and materials of the buildings in the central business district and the residential uses south of Court Street. The mass and length of large commercial 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. Such breaks in the facade and roof lines of the buildings should not occur more frequently than every 25 feet nor less frequently than every 100 feet.
    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, are prohibited.
    4. Awnings, canopies, porches and similar architectural features shall be encouraged to be provided for commercial buildings as a means to visually integrate commercial uses in the Court Street PUD with the Hastings central business district.
    5. That portion of a nonresidential building facing Court Street, Park, Washington and Market shall avoid solid, blank walls and shall be designed with architectural features which complement and enhance the residential character along the south side of Court Street. Such architectural features shall include windows on each story of the building, doors, steps, awnings, window and building trim, and similar features.
12. General development standards.
    1. Each PUD project shall be encouraged to provide outdoor areas for sitting, viewing or gathering or objects of interest such as a fountain, statute or plaza.
    2. 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.
    3. Existing houses on State Street which are proposed to be converted to other uses as permitted by this article shall comply with the following requirements:
       1. The building shall comply with the requirements of the Hastings Building Code.
       2. Exterior defects in the building or property such as cracked, chipped or peeling siding, cracked sidewalk, unkept lawn or landscaping shall be identified as part of the application and corrected before the building is occupied. The planning commission shall determine if the property has been improved sufficiently to satisfy the objectives of the Court Street PUD.
       3. 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 along State Street.
       4. The planning commission shall determine if the use proposed for the existing house and the proposed design satisfy the intent of the Court Street PUD District.
13. Modification of standards. The city council, following a recommendation from the planning commission, may modify any of the standards of this section 90-730.4 if it is determined that such modifications would result in a project which would still satisfy the objectives of the Court Street PUD and the Hastings Master Plan.

(Ord. No. 382, § 1(90-728A), 5-24-04)

1. An application for rezoning land to the Court Street PUD District shall be accompanied by a preliminary site plan of the Court Street PUD area designated in the Hastings Master Plan. Such plan will serve to guide the overall development of the Court Street PUD so it is unified in function and design. This plan shall be conceptual in nature and shall contain land use designations, access management criteria and provisions for pedestrian safety and other information as desired by the planning commission.
2. The planning commission shall hold a public hearing on the rezoning application and preliminary site plan according to the requirements of section 90-667(g) herein and shall make a recommendation to the Hastings City Council following the public hearing. The recommendation shall include the reasons for the recommendation and any specific conditions it considers necessary for the PUD.
3. After reviewing the recommendation of the planning commission the city council shall approve, approve with conditions or deny the rezoning and preliminary site plan.

(Ord. No. 382, § 1(90-729A), 5-24-04)

1. Application. An application for a final site plan shall be submitted to the zoning administrator along with a fee a set by the city council for the review of all planned unit developments. The zoning administrator shall arrange for the a review of the application with the director of public works and other city staff and such consultants as deemed appropriate in order to discuss the project before submission to the planning commission.
2. Review with city staff. At this meeting the applicant shall present a sketch of the site plan which shall illustrate the area to be developed and a general layout of the project and how it would comply with the requirements of the Court Street PUD District.
3. Final site plan requirements. Following review by the city staff the applicant shall submit 14 copies of a site plan to the zoning administrator which contains the information required by section 90-130 of this Zoning Ordinance and the following:
   1. Computer generated images of the proposed building to illustrate how it will appear as viewed from Court Street and State Street along with a list of exterior building materials.
   2. A separate landscape plan of the site including landscaping adjacent to the building and the number, type and size of all proposed landscape materials.
   3. Information on the number, size material and placement of signs.
   4. A lighting plan for all exterior lights.
   5. The final PUD site plan shall generally comply with the preliminary PUD site plan and the Hastings Master Plan.
4. Initial review by planning commission. The planning commission shall review the final site plan in accordance with the development requirements and objectives of this article and provide comments to the applicant in order for the applicant to prepare the site plan for a public hearing.
5. Public hearing on final site plan.
   1. Following its initial review of the final site plan the applicant shall submit 14 copies of the final site plan revised in accordance with the recommendations of the planning commission.
   2. The planning commission shall hold a public hearing on the revised plan. The hearing shall be noticed in accordance with the requirements of section 90-47 of this Zoning Ordinance.
   3. Following the public hearing the planning commission shall make a recommendation to the city council to approve, deny or approve with conditions the final site plan.
6. Standards for approval. In making a recommendation to approve a final site plan for the Court Street PUD District, the planning commission shall find that the proposed site plan meets the standard for planned unit developments contained in section 90-668 of this Zoning Ordinance as well the purposes of the Court Street PUD District contained in section 90-730.1 herein.
7. Council approval. After receiving the recommendation of the planning commission, the council shall either approve, deny, or approve with conditions the final site plan in accordance with section 90-5(d)(6) and the standards for approval and conditions as contained in this article. The council, after a recommendation from the planning commission or at its own discretion, may require a performance bond in accordance with section 90-133 of this Zoning Ordinance in order to ensure the completion of required improvements.
8. Conditions and development agreement.
   1. In approving a final site plan for the Court Street PUD the council may impose reasonable conditions as set forth in section 90-669 of this Zoning Ordinance.
   2. Before the issuance of a building permit or the commencement of any demolition or construction on the site the applicant shall enter into a development agreement with the city in recordable form setting forth the applicant's obligations with respect to the final PUD site plan. The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the approved final PUD site plan with revisions as well as other documents and illustrations which comprise the approved final PUD site plan and all conditions attached to the approval by the city council.
      The agreement shall also establish the remedies of the city in the event of default by the applicant in carrying out the final PUD site plan. The agreement shall be binding on all successors in interest to the applicant. The agreement shall be signed by the applicant and the mayor and recorded with the Barry County Register of Deeds.

(Ord. No. 382, § 1(90-730A), 5-24-04; Ord. No. 407, § VI, 8-28-06)

The final PUD site plan may be modified in accordance with the requirements of section 90-674 of this Zoning Ordinance.

(Ord. No. 382, § 1(90-731A), 5-24-04)