This Chapter shall be known as the "Zoning Ordinance" of the City of Grand Rapids, Michigan.

This Chapter is enacted pursuant to the authority granted by the Michigan Zoning Enabling Act 110 of the Public Acts of 2006, as amended.

A.

In addition to promoting the purposes provided in the Zoning Enabling Act, this Chapter is necessary to promote the public health, safety, and general welfare of the City of Grand Rapids as well as to implement the themes, policies and goals contained in officially adopted plans, including the following purposes related to the City of Grand Rapids Master Plan.

B.

Great Neighborhoods.

1.

Protect the character and quality of established residential neighborhoods;

2.

Allow for and advance innovation in new residential development and redevelopment that meets the demand for housing with a greater variety in the type and design of dwellings and to provide for a range of incomes for their residents;

3.

Promote active and vibrant mixed use environments in appropriate locations and intensity; and

4.

Preserve the quality of life for residents and visitors.

C.

Vital Business Districts and a Strong Economy.

1.

Maintain and enhance economically vibrant as well as attractive business and commercial areas;

2.

Provide reasonable accommodation for growth and development;

3.

Promote a balanced supply of commercial, industrial, institutional and transportation land uses that are compatible with adjacent land uses and have sufficient access to public infrastructure;

4.

Promote rehabilitation and reuse of older buildings; and

5.

Provide places for residence, recreation, industry, trade, services, and other uses of land.

D.

Balance with Nature and Enrich Lives.

1.

Ensure uses of land are situated in appropriate locations;

2.

Ensure adequate light, air, privacy, and access to property;

3.

Encourage environmentally responsible development practices;

4.

Facilitate adequate and efficient public infrastructure and systems for transportation, sanitary and storm sewage collection and disposal, potable water, recreation and other public services and amenities; and

5.

Meet the needs of the city's citizens for food, fiber, energy and other natural resources.

E.

Balanced Transportation Systems.

1.

Promote alternate means of transportation to the automobile, such as pedestrian, bicycle and public transit use; and

2.

Limit inappropriate overcrowding of land and congestion of population, transportation systems and networks, and other public facilities.

F.

Provide for partnerships that establish clear, fair and efficient development review and approval procedures for applicants and residents alike.

This Chapter shall take effect and be in force on and after April 27, 2017.

A.

This Chapter is applicable to all land located within the city. Zoning affects every building, structure and use and extends vertically. All lands, buildings, and uses in a Zone District shall be subject to the applicable provisions of this Chapter.

B.

No building or structure, or part thereof, shall hereafter be erected, constructed, altered, maintained or used, and no new use or change shall be made to any building, structure or land, or part thereof, except in conformity with this Chapter.

Nothing in this Chapter shall be interpreted or construed to give rise to permanent vested rights in the continuation of any particular use, density, Zone District, Neighborhood Classification or permissible activity therein. All land, buildings, structures, uses and designations are hereby declared to be subject to any subsequent amendment, change or modification as may be necessary to meet the purposes and intent of this Chapter.

The administration, enforcement and amendment of this Chapter shall be consistent with the City Master Plan, Parks and Recreation Plan and any adopted Area Specific Plans, and other plans that may be adopted by the City Commission related to the future development of the city. In the event this Chapter becomes inconsistent with those plans, then this Chapter shall be amended within a reasonable time to become or remain consistent.

A.

Other Public Laws, Ordinances, Regulations or Permits. This Chapter is intended to complement other municipal, state and federal regulations that affect land use. Unless otherwise noted in this Chapter, where conditions, standards or requirements imposed by any provision of this Chapter are more restrictive than comparable provisions imposed by other regulations, the provisions of this Chapter shall govern.

B.

Private Agreements. This Chapter is not intended to revoke or repeal any easement, covenant or other private agreement; provided, however, that where this Chapter imposes a greater restriction or requirement, the provisions of this Chapter shall control. Nothing in this Chapter shall modify or repeal any private covenant or deed restriction, but any covenant or restriction shall not be used to justify a lack of compliance with this Chapter. The City shall not be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

A.

In cases where two (2) or more requirements in this Chapter conflict with one another, the more restrictive requirement shall not necessarily control (e.g. if an Overlay District conflicts with the base Zone District).

B.

The Planning Director shall determine which requirement controls based on the degree to which one (1) or more requirements results in:

1.

Greater consistency with the goals and objectives contained within the Master Plan;

2.

Better support for the purposes of this Chapter as described in Section 5.1.03. Purpose and Intent, and in the applicable purposes of the conflicting provisions;

3.

Increased compatibility with adjacent development and surrounding community character;

4.

Enhanced environmental quality and protection of natural resources;

5.

Greater protection and preservation of historic and cultural resources; or

6.

Higher quality of building form, design and/or architecture.

Headings and illustrations are provided for convenience and reference only and shall not be used to restrict or limit the scope of any provision of this Chapter. Where any difference of meaning or implication between the text of this Chapter and any heading, drawing, table, figure, or illustration, the text shall govern.

A.

If any court of competent jurisdiction invalidates any provision of this Chapter, that judgment shall not affect the validity and continued enforcement of any other provision of this Chapter.

B.

If any court of competent jurisdiction invalidates the application of any provision of this Chapter to a particular property, structure, or situation, that judgment shall not affect the application of that provision to any other building, structure, or situation not specifically included in that judgment.

C.

If any court of competent jurisdiction invalidates any condition attached to the approval of a development review application, that judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

D.

Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission, or board considered that condition or limitation necessary to carry out the requirements, standards, purposes, or spirit and intent of this Chapter, and that the officer, commission, or board would not have granted the authorization to which the condition or limitation pertained except in belief that the condition or limitation was lawful.

A.

The purpose of transitional provisions is to resolve the status of properties with pending applications or recent approvals and properties with outstanding violations prior to the effective date of this Chapter.

B.

Processing of Applications. Applications, re-applications or requests that were submitted in complete form with all required materials and fees before the effective date of this ordinance shall be governed exclusively by the previous Chapter originally enacted on September 16, 2008 (known as "previous chapter") until and on that date and thereafter exclusively by this Chapter. All development applications, re-applications or requests accepted on or after the effective date of this ordinance shall be subject to and reviewed wholly under the terms of this Chapter.

C.

Approved Project. Any building, development or structure for which a final building permit was issued before the effective date of this Chapter may be completed in conformance with the issued building permit and other applicable permits and conditions, even if the building, development or structure does not fully comply with provisions of this Chapter. If construction is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied in full compliance with the standards and requirements of this Chapter.

D.

Violation Continues.

1.

Any violation in existence prior to the effective date of this Chapter shall continue to be a violation under this Chapter and be subject to penalties and enforcement.

2.

If the use, development, construction or other activity that was a violation prior to the effective date of this Chapter complies with the express terms of this Chapter, enforcement action shall cease, except that penalties for violations that occurred before the effective date of this Chapter shall be collected.

3.

The adoption of this Chapter does not affect nor prevent any pending or future prosecution of, or action to abate, violations that occurred before the effective date of this Chapter.

E.

Nonconformity. Any nonconformity in existence prior to the effective date on this Chapter shall also be a nonconformity under this Chapter and shall be regulated by the provisions of Article 3.

F.

Existing Use.

1.

When a use classified as a Special Land Use under this Chapter existed as a Permitted With Approval use or Permitted Use prior to the effective date of this Chapter, that use shall be considered as a legal Special Land Use except as otherwise expressly provided in this Section.

2.

When any amendment to this Chapter changed a Permitted Use to a Special Land Use, any use legally established before that amendment shall be considered a legal Special Land Use on and after the effective date of the amendment unless additional development occurs that was not permitted by the previous Chapter or this Chapter, in which case a new Special Land Use approval shall be required.

3.

A lawfully established, existing use that is not allowed as a Special Land Use or a Permitted Use in the Zone District in which the use is now located shall be considered a nonconforming use and shall be subject to all applicable regulations of Article 3, including Section 5.12.09. B.2. Use Intensity.

G.

Zone District Conversions. The Zone District classifications in the 1969 Zoning Ordinance are converted as follows:

All Zone Districts. The provisions of this Article apply to all Zone Districts unless indicated otherwise. If there is a conflict between this Article and the individual requirements of the Zone District, the Planning Director shall determine which requirements controls, in accordance with Section 5.1.09.

A.

Standards and Requirements. Standards and requirements for site layout and building placement, building elements, compatible uses, signs, lighting, landscaping and other related measures are considered necessary to promote and strengthen the defined character of city neighborhoods. It has been determined by the Master Plan that neighborhood character contributes to the unique and desirable identity of the city and therefore the measures set forth in this Chapter are necessary and appropriate to promote and strengthen those characteristics.

B.

Main Building and Principal Use. Except as otherwise specifically provided in this Chapter, no lot may contain more than one (1) main building or principal use, except for groups of multiple-family, retail, office, or other groups of buildings erected under a single approved plan, or developed in a coordinated fashion under multiple approved plans, as an integrated complex, as defined by this Chapter.

A.

Alterations and Enlargements. Existing buildings or structures shall not be modified, converted, enlarged, reconstructed, demolished, moved or structurally altered, except as permitted by this Chapter.

B.

Demolition.

1.

To assure a legal replacement use, existing buildings or structures shall not be demolished in any Zone District unless the request satisfies one (1) of the following:

a.

Site Plan and Reuse of a Lot. When a site plan for the redevelopment of a property in any Zone District has been approved pursuant to this Chapter or is permitted by this Chapter, and a Land Use and Development Services (LUDS) or building permit for the redevelopment of the property has been requested.

b.

Building or Housing Code. When the demolition in any Zone District has been authorized by Chapter 131 General Building Regulations or Chapter 140 Housing of the City Code, or required by a court or governmental agency or official of competent jurisdiction. Obtaining a building, demolition or other permit does not ensure compliance with this provision.

2.

Any requested demolition not meeting the requirements of B.1. above shall require Director Review or approval as a Special Land Use, under the following conditions.

a.

Nonconforming Lot. Demolition of structures on a parcel that is nonconforming due to lot width or lot area, and is to be used for an approved accessory use for a Permitted Use on an adjacent property, may be approved by the Director.

b.

Conforming Lots. A Special Land Use approval for demolition is required on lots that meet the lot width or lot area of the District unless the property is to be used for an approved accessory use for an adjacent property or use.

c.

If the property is to be used for an approved accessory use for an adjacent property or use, any additional required zoning approval shall be obtained prior to demolition approval.

A designated historic landmark or a property in a historic district as provided in Chapter 68 Historic Preservation Commission of the City Code, shall comply with the requirements for approval of a Certificate of Appropriateness from the Historic Preservation Commission in lieu of the Site Layout and Building Placement requirements and the Building Elements requirements contained in Article 5, Residential Zone Districts and Article 6, Mixed-Use Commercial Zone Districts.

A.

Measurements. Unless otherwise expressly stated, distances specified in this Chapter are to be measured as the length of an imaginary straight line joining two (2) described points.

B.

Lot Requirements.

1.

Minimum Lot and Street Frontage. Every lot created shall have the minimum lot area, and lot width and lot frontage upon an approved public or private street, as required by this Chapter. Flag lots are prohibited.

2.

Reduction. No lot, or lots of common ownership, yards, parking areas, or other spaces required by this Chapter shall be reduced below the area or dimensional requirements of this Chapter. If already less than the minimum required under this Chapter, that area or dimension shall not be further divided or reduced. Actions by governmental agencies, such as street widening, shall not be considered reductions.

3.

No lot or portion of a lot shall be used to meet the requirements of yard, lot area per unit, residential density, percentage of lot occupancy, or other site requirement for any other existing building or structure of this Chapter, for any other lot.

4.

Two (2) or more lots may be combined into a single lot, provided that all lots are within the same Neighborhood Classification and Zoning District and all requirements of Chapter 64, Subdivision Regulations are met. See also Section 5.3.02.B. Contiguous Nonconforming Lots of Common Ownership.

5.

Established Areas. See Section 5.5.06. for site layout and building placement requirements for lots in established areas.

6.

Administrative Departures.

a.

New Lots. This Departure applies to lots that contain a Single-Family or Two-Family use in an existing principal structure. A reduction to the required lot area and/or lot width may be granted for all newly created lots, provided the application meets the requirements of Section 5.2.05.B.6.c.

b.

Existing vacant lots. This Departure applies to existing lots that do not contain a principal structure. A reduction to the required lot area and/or lot width may be granted to allow for (a) the creation of new lots to be used for Single- or Two-Family use, or (b) the use of an existing vacant lot for Single- or Two-Family use, provided the application meets the requirements of Section 5.2.05.B.6.c.

c.

All Administrative Departures will be reviewed by the standards outlined in Section 5.12.16. in addition to the following standards and requirements below:

i.

The Administrative Departure may not result in the demolition of any principal household building or structure; and

ii.

The lot shall be no less than the minimum lot area and lot width required in Table 5.5.06.A. for a detached Single-Family interior lot, unless accessible from a usable alley, in which case the lot area and lot width may be less than the minimum, but no less than as originally platted; and

iii.

Tandem parking may be permitted for detached Single-Family and Two-Family uses on lots thirty-six (36) feet or less; and

iv.

A property survey shall be provided to ensure that all site layout and building placement standards can be met. If applicable, the survey shall also show the lot lines of the original plat.

d.

An Administrative Departure of not more than three (3) percent of the required lot area of the Zone District may be granted where unusual lot configurations, topography or natural features exist, or where the Departure would be in keeping with the character of the neighborhood.

C.

Building Setbacks and Required Building Lines (RBL).

1.

Building Setbacks.

a.

Except as noted in C.2, below, when this Chapter provides for a building setback, it is considered to be permissive, in that any portion of the main building may be placed anywhere at or behind the setback line. All setbacks extend for the full width of the lot.

b.

Rear Setback. Where any lot line exceeds forty-five (45) degrees from being parallel to the front lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line for the purpose of measuring rear yard setbacks.

c.

Side Setback. The side setback shall extend from the side lot line between the front setback line and the rear lot line.

2.

Required Building Lines (RBL).

a.

When this Chapter provides for a Required Building Line it is considered as a mandatory placement of the building façade, where the building must be "built to" the required line, except as permitted in Article 5 Residential Zone Districts and Article 6 Mixed-Use Commercial Zone Districts.

b.

RBL Measurement. RBLs shall be measured from the back of the curb along a public street to the building façade, irrespective of the lot line. RBLs are dependent upon the location of the street curb to avoid discrepancies in varying lot lines and to provide sufficient pedestrian circulation, access, and to maintain a consistent streetscape and street wall.

c.

Where a lot line abuts more than two (2) streets, the RBL provisions shall only apply for two (2) streets, as determined by the Director. To designate RBLs, the Director may consider all relevant factors and information, including but not limited to:

i.

The existing or the intended character of existing or proposed streets on which the lot has, or is proposed to have, frontage;

ii.

The locations of front and corner side property lines on adjacent lots or lots on the opposite side of the street; or

iii.

Adjacency to the same or similar land uses.

D.

Lot Widths.

1.

Established Areas. See Section 5.5.06.B. for site placement and building layout requirements for lots in established areas.

2.

Lot widths are measured at the front setback line or RBL, as applicable, and the minimum lot width shall be maintained throughout the depth of the lot. Lot width for a corner lot is measured at the horizontal distance between the shorter of the two (2) dimensions of the front lot line.

3.

There shall be no less than thirty-six (36) feet between the two (2) side lot lines measured at the required front setback line or required building line of the district in which it is located and the requirements of Sections 5.2.05.B.6 and 5.12.16. are satisfied upon approval by the Director.

4.

Minimum Lot Widths for Irregular Lots.

a.

There shall be not less than thirty-six (36) feet between the two (2) side lot lines measured at the public or private rights-of-way, except as permitted in Tables 5.5.06.A. and 5.6.07.A. of this Chapter and the requirements of Sections 5.2.05.B.6. and 5.12.16. are satisfied upon approval by the Director.

b.

For cul-de-sac lots or other irregular lots, if the minimum lot width at the front setback line or RBL cannot be met, the minimum setback line or RBL shall be moved farther into the lot to the point at which the minimum lot width is met.

5.

Administrative Departures.

a.

New Lots. This Departure applies to lots that contain a Single-Family or Two-Family use in an existing principal structure. A reduction to the required lot width may be granted for all newly created lots, provided the application meets the requirements of Section 5.2.05.D.5.c.

b.

Existing vacant lots. This Departure applies to existing lots that do not contain a principal structure. A reduction to the required lot width may be granted to allow for (a) the creation of new lots to be used for Single- or Two-Family use, or (b) the use of an existing vacant lot for Single- or Two-Family use, provided the application meets the requirements of Section 5.2.05.D.5.c.

c.

All Administrative Departures will be reviewed by the standards outlined in Section 5.12.16. in addition to the following standards and requirements below:

i.

The Administrative Departure may not result in the demolition of any principal household building or structure; and

ii.

The proposed lot shall be no less than the minimum lot width required in Table 5.5.06.A. for a detached Single-Family interior lot; and

iii.

If the lot is accessible from a usable alley the lot width may be less than the minimum, but no less than the originally platted lot width, which shall be identified on the survey; and

iv.

Tandem parking may be permitted for detached Single-Family and Two-Family uses on lots thirty-six (36) feet or less; and

v.

A property survey shall be provided to ensure that all site layout and building placement standards can be met.

E.

Yards - Corner, Through, and Waterfront Lots.

5.2.05.E. Yards.

1.

Corner and Through Lots. Corner and through lots shall have two (2) front lot lines, two (2) front yards, two (2) side yards, and no rear yard. For through lots, the main building or structure shall be oriented toward the predominant frontage based on the established or planned pattern of development, as determined by the Director.

2.

Waterfront lots shall have front yards on both the street and waterfront sides, and two (2) side yards.

F.

Permitted Encroachments into Setbacks and Yards.

1.

General. Encroachments permitted by this Section following may be within setbacks or yards. All permitted encroachments are subject to meeting the minimum greenspace requirements for the lot. Other encroachments are permitted under the applicable Sections of this Chapter as noted below, provided the minimum greenspace requirements for the lot are met.

a.

Garages and other accessory structures - see Section 5.2.08.

b.

Driveways - see Section 5.10.03.F.

c.

Fences and walls - see Section 5.2.11.

d.

Landscaping, except as required for clear vision areas of Section 5.2.15.C.

e.

Private sidewalks.

f.

Swimming pools - see Section 5.2.09.

2.

Architectural Elements, Porches and Stoops.

a.

Front Yard.

i.

Architectural Elements. Architectural elements may project into the front yard by not more than three (3) feet.

ii.

Unenclosed Porches and Stoops. Unenclosed porches and stoops (not including steps) may project into the front yard by no more than ten (10) feet, but shall be no closer than five (5) feet from the front sidewalk. For porches and stoops in Traditional Neighborhoods - See Section 5.5.07.E.3.

iii.

Balconies. Upper level balconies may project into a front yard by no more than six (6) feet.

b.

Side Yard.

i.

Architectural Elements. Architectural elements may project into the side yard by not more than two (2) inches for each one (1) foot of width of the side yard, except that a chimney may be permitted where the Director determines it will not obstruct light or ventilation. In no case shall an architectural element be permitted within five (5) feet of a lot line.

ii.

Unenclosed Porches and Stoops. An unenclosed porch or stoop (including steps) may project into the side yard, provided it is at least five (5) feet from the side lot line.

3.

Decks and Patios.

a.

Interior Lot.

i.

A ground-level deck or patio may be in the side yard, provided it meets the minimum side setback for the Zone District, is set back at least ten (10) feet from the front building façade, and is screened from view of the public right-of-way by landscaping or permitted fencing.

ii.

A ground-level deck or patio may be located in the rear yard, provided it is at least five (5) feet from all lot lines.

iii.

A deck with a platform over four (4) feet in height may be in the rear yard, subject to rear and side yard building setbacks.

iv.

A deck or patio is not permitted within the front yard.

b.

Corner Lot.

i.

A ground-level deck or patio may be in the side yard, provided it is at least five (5) feet from the yard lot lines, and is not in a front yard.

ii.

A deck with a platform over four (4) feet high shall meet required side yard setbacks.

c.

Administrative Departure. An Administrative Departure may be approved to reduce the minimum side or rear setback of a ground-level deck or patio to not less than three (3) feet where there are no detrimental effects on adjacent properties, and where applicable fire safety provisions of the City's building codes are met.

5.2.05.F.4 Decks and Patios.

4.

Wheelchair Ramps.

a.

The Director may permit wheelchair ramps used for persons with mobility impairments in a front or rear yard, provided the location does not create a hazard, or impede access for operations related to safety, such as access for fire personnel or equipment. In no case shall a ramp be placed nearer than three (3) feet from any side lot line.

b.

Administrative Departure. An Administrative Departure may be approved to permit a ramp, or any additional modifications needed, nearer than three (3) feet to the side lot line, where it is demonstrated that no other feasible location is practical.

5.

Basement Egress Window Wells. Basement egress window wells are permitted in all yards, provided the following conditions are met:

a.

Setback. A window well shall be set back at least three (3) feet from the side or rear lot line, and at least ten (10) feet from the front lot line.

b.

Front Yard Screening. When in a front yard, a three (3) foot high landscape or building material screen shall be provided in front of the window well. If screened with a building material, the material shall be compatible with the materials and colors used for the main building.

c.

Building Code. The requirements of Chapter 131 of the City Code shall be met.

6.

Athletic Courts - Residential Lots.

a.

Interior Lot. An athletic court shall only be in a rear yard and at least seven (7) feet from the rear and side lot lines.

b.

Corner Lot. An athletic court may be in a side yard, at least seven (7) feet from the side lot line, but not in a front yard.

G.

Below Grade Features. Below-grade or underground features shall not extend into any yard, unless otherwise allowed in this Chapter.

H.

Projections into the Public Right-of-Way. The following projections are permitted, subject to approval of an encroachment permit from the City Engineer.

1.

Balconies. A balcony with a minimum ground clearance of sixteen (16) feet above finished grade may extend up to five (5) feet over a public sidewalk.

2.

Awnings. An awning with a minimum ground clearance of eight (8) feet may extend over a public right-of-way.

3.

Canopies. Canopy support posts shall not be permitted in a public right-of-way unless specifically permitted by Traffic Engineering. See also Section 5.2.18.

4.

Arcades. An arcade shall be permitted only in the TN-TOD, CC, TCC, and TBA Zone Districts.

a.

An arcade shall be open accessible to the public at all times for its entire length to the street line or publicly accessible open area except for building columns, and unobstructed to a height of not less than twelve (12) feet.

b.

Except for corner lots, an arcade shall have a depth not less than ten (10) feet nor more than thirty (30) feet measured perpendicular to the street line or boundary of the publicly accessible open area on which it fronts, and extend for at least fifty (50) feet, or the full length of the street line or boundary of the publicly accessible open area on which it fronts, whichever is the lesser distance.

c.

On a corner lot, an arcade shall have an area of not less than five hundred (500) square feet and a minimum horizontal dimension of ten (10) feet.

d.

No part of the arcade shall be above the traveled portion of the street or publicly accessible open area that it adjoins.

e.

No off-street parking spaces, passenger drop-offs, driveways, or off-street loading berths are permitted anywhere within an arcade.

I.

Roof-Mounted and Ground-Mounted Mechanical Equipment (e.g. air conditioning condensers; swimming pool and spa heaters; pumps and filters; transformers and generators; and similar equipment).

1.

Residential Zone Districts.

a.

All ground mounted mechanical equipment shall be incorporated within the footprint of a main or accessory structure, or placed in a side or rear yard at least three (3) feet from any side or rear lot line, and be fully screened from view from a public street and adjacent properties using one (1) of the following options:

i.

Landscape material which provides a minimum of fifty (50) percent year round opacity;

ii.

A living wall or vertical garden which is covered by vegetation to provide a minimum of fifty (50) percent year round opacity; or

iii.

A decorative wall or fence that incorporates at least one (1) of the primary materials and colors of the nearest wall of the main building and that provides eighty (80) percent year round opacity.

b.

A wall or screen shall be at least one (1) foot taller than the height of the mechanical equipment being screened, provided the screen need not exceed a height of twelve (12) feet.

c.

The screening requirements shall not apply if it is demonstrated that the only feasible location for screening would impede the functioning of solar, wind or geothermal energy equipment or other similar systems.

d.

To the maximum extent practicable utility boxes shall be oriented with access doors facing away from the street right-of-way or adjacent property.

2.

All Other Zone Districts. All mechanical equipment shall be incorporated within the footprint of a principal or accessory structure or mounted on the roof structure.

a.

All roof-mounted mechanical equipment (including, but not limited to, HVAC equipment, exhaust fans, cooling towers, and related guard rails or safety equipment) shall be fully screened from view from a public street at ground level and, to the extent practicable, from adjacent buildings of similar height. Screening shall be provided by one (1) or more of the following options.

i.

A parapet wall or similar feature that is an integral part of the building's architectural design;

ii.

A screening structure erected around the equipment that incorporates at least one (1) of the primary materials and colors on a street-facing façade of the main building and designed to assist in buffering noise;

iii.

A living wall or vertical garden which is covered by vegetation to provide a minimum of fifty (50) percent year round opacity.

b.

The parapet wall or screening structure shall be fully opaque year round and shall be at least as tall as the height of the mechanical equipment being screened provided the screen need not exceed a height of twelve (12) feet.

3.

Administrative Departures.

a.

Mechanical equipment may be placed in an alternate area, including ground mounted equipment, in any Zone District where it is demonstrated that the required location is not feasible, and provided the unit is properly enclosed or screened with vegetation from view of a public street.

b.

Alternate locations for solar, wind or geothermal energy equipment or systems may be permitted if it is demonstrated that the required location or screening would impede their proper functioning.

(Ord. No. 2022-10, 4-12-22; Ord. No. 2022-17, 6-21-22; Ord. No. 2022-30, §§ 1, 2, 8-23-22)

A.

Measurement.

1.

Stories. Where specified in stories, building height shall be measured in the number of stories entirely above the finished grade for any elevation fronting on a public street, including habitable attics, half-stories, and at-grade structured parking.

a.

Unless otherwise specified, story height is measured in feet between the floors of a story to the floor of the story above it.

b.

For the uppermost story, story height shall be measured from the floor of the story to the eave line on pitched roofs and to the tallest point of the roof deck on parapet and flat roofs.

c.

A mezzanine level counts as a story.

d.

For the purposes of this Chapter, the usable floor area of a half story is only that area having at least four (4) feet clear height between floor and ceiling.

e.

Unless otherwise specified, one (1) story shall be measured as not less than nine (9) feet nor more than fifteen (15) feet. The following shall be excluded:

i.

Spaces completely below the finished grade, such as basements, cellars, crawl spaces, sub-basements, and underground parking structures; and

ii.

A story shall not be counted as a story when more than fifty (50) percent of its cubic content is below the finished grade of the adjoining ground.

5.2.07. Building Height (Measurement).

2.

Height. When measured in feet, building height shall be measured as the vertical distance from the finished grade adjacent to the structure to the highest point of a flat roof; to the deck line of a mansard roof; and to the average height between the eave and ridge of the highest roof section for a gable, hip or gambrel roof.

3.

Average Grade. See Section 5.16.02.G. for definitions of grade. When the terrain is sloping, the finished grade shall be the average of the elevation of the ground for each side of the structure, as measured six (6) feet from the exterior walls of the structure.

B.

Exceptions. The height requirements of all Zone Districts shall be subject to the following exceptions: parapet walls not exceeding four (4) feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, utility penthouses, stacks, stage towers or scenery lofts, monuments, cupolas, domes and spires and necessary mechanical appurtenances.

C.

Airport Zoning Act. Proposed buildings or structures or modification to existing buildings or structures with a height greater than one hundred (100) feet require a permit from the Kent County Department of Aeronautics, pursuant to the Airport Zoning Act, Public Act No. 23 of 1950.

A.

A Detached single-family dwelling and any additions or alterations thereto, other than manufactured housing in a licensed manufactured housing community, shall meet the requirements of this Section in addition to all other regulations of this Chapter.

B.

Conversion.

1.

An existing detached single-family dwelling exceeding five thousand (5,000) square feet in gross floor area may be converted to permit additional dwelling units, provided the Director first determines that the size of the structure is substantially out of character with other houses within a three (3) block radius and a Special Land Use application is approved.

2.

In considering the Special Land Use, the Planning Commission shall:

a.

Determine the appropriate number of units to be permitted; and

b.

Ensure that adequate parking as required by Article 10 can be provided in a location that does not create an adverse effect on adjacent properties.

3.

Exception. Notwithstanding Section 5.2.07.B.1. Single-Family dwellings on corner lots may be converted to two-family dwellings as a Permitted Use, subject to applicable Site and Building Placement Standards and Building Element Requirements of Article 5.

C.

Minimum Dimension. Each dwelling shall have a minimum of fourteen (14) feet in any horizontal dimension.

D.

Minimum Floor Area. Each dwelling shall have a minimum gross floor area of seven hundred fifty (750) square feet.

E.

Neighborhood Classification. The dwelling shall comply with the requirements of this Section and shall be generally compatible in character, design and appearance to other residential dwellings within the same Neighborhood Classification.

F.

Primary Entrance.

1.

The primary entrance for the main building shall have a step, stoop, or porch which is attached to the building foundation, or provided with a separate four (4)-inch deep masonry foundation. A stoop or landing shall project at least three (3) feet from the building (not including steps). A porch shall project at least six (6) feet from the building (not including steps).

2.

Section 5.2.05.F.4 provides regulations related to handicap ramps and other modifications to a dwelling's primary entrance for housing intended to accommodate persons with mobility impairments.

G.

Manufactured House. If the dwelling is a manufactured house, it shall:

1.

Be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Manufactured Home Commission and shall have a foundation wall as required in this Section.

2.

Be installed with the wheels removed and not have any exposed towing mechanism, undercarriage or chassis.

3.

Have all construction and plumbing, electrical apparatus and insulation within and connected to the manufactured house be of a type and quality conforming to the Manufactured Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, 24 CFR 3280, as amended, and comply with all applicable building and fire codes.

(Ord. No. 2018-69, § 1, 12-18-18; Ord. No. 2019-09, § 1, 3-26-19)

A.

Permits. All accessory structures shall require a Zoning Permit prior to construction.

B.

Mixed-Use Commercial Zone Districts, Neighborhood Office Service District, and Special Districts.

1.

Accessory structures shall comply with applicable setback and height restrictions specified for the Zone District in which the accessory use or structure is located.

2.

Not more than one (1) detached accessory building is permitted per lot. The area of the permitted accessory building shall not exceed twenty-five (25) percent of the ground level gross floor area of the main building.

C.

Principal Use Required.

1.

Unless otherwise expressly allowed in this Chapter, accessory structures shall be permitted and maintained only in conjunction with a principal use and a main building or structure on the same lot.

2.

Accessory structures may only be constructed at the same time as or after the construction of the main building or structure on the same lot.

3.

If the main building or structure is destroyed, demolished or removed, any accessory buildings or structures on the same lot shall be removed within sixty (60) days, unless a permit for construction of a new main building has been approved.

D.

Public Right-of-Way or Easement. In no instance shall an accessory structure be within a public right-of-way or easement, unless otherwise permitted in an easement agreement.

E.

Architectural Compatibility.

1.

Any accessory structure that is one hundred twenty (120) square feet or larger shall be similar in architecture to the main building in its form and slope of roof. Exterior finish materials shall be those materials customarily used for residential construction, and shall be similar in placement and orientation to the main building.

2.

No accessory structure shall be constructed with a tubular frame construction or with canvas, plastic film, or similar exterior material that does not provide long-term durability.

F.

Carport. A carport shall comply with the location requirements applicable to either an attached or detached accessory structure.

G.

Attached Structures. An accessory structure which is structurally attached to a main building shall be subject to all setback regulations applicable to the main buildings. In addition, attached garages within the Traditional Neighborhood (TN) and Mid-20 ^th Century Neighborhood (MCN) Zone Districts shall be at least five (5) feet behind the façade of the main building.

H.

Residential Accessory Buildings.

1.

Single-Family and Two-Family Dwellings.

a.

One (1) detached and one (1) attached accessory structure is permitted.

b.

Except as permitted in Section 5.9.03, and as noted below, the height and combined gross floor area for all attached and detached accessory structures shall not exceed the dimensions based on the requirements of Table 5.2.08.G.1.

2.

Multiple-Family Uses.

a.

Accessory structures may exceed the gross floor area of Table 5.2.08.G.1. for total garage or carport space up to the necessary GFA to meet the required number of parking spaces in Article 10. All other requirements of this Chapter shall be met.

b.

Administrative Departures. An Administrative Departure may be approved to permit additional GFA for garage or carport space for multiple-family uses above the minimum requirements of Article 10 for up to two (2) spaces per dwelling unit, provided the applicant can demonstrate a need for the space and all other requirements of this Chapter are met.

I.

Residential Detached Structures.

1.

The structure shall be placed at or behind the front wall of the main building, and at least six (6) feet from the main building, excluding decks and patios. The structure shall be at least three (3) feet from a side lot line or another accessory structure, excluding decks and patios.

2.

Interior lots.

a.

If less than sixty (60) feet from the front lot line, a detached accessory structure shall not encroach into the required front yard and side yard setbacks.

b.

If sixty (60) feet or more from the front lot line and no nearer the front lot line than the main building, the wall(s) of a detached accessory structure shall be a minimum of three (3) feet from the side and rear lot lines.

c.

City building codes require fire safety measures if less than five (5) feet from the lot line.

3.

Corner, Through and Waterfront Lots.

a.

Corner Lots. Detached accessory buildings shall not be within a front yard and shall be set back a minimum of three (3) feet from a side lot line.

b.

Through and Waterfront Lots.

i.

Side yard setback requirements shall be met.

ii.

For through lots, front yard setbacks shall be met on the frontage deemed by the Director to be the less predominant frontage as provided Section 5.2.05.E.2.

iii.

For waterfront lots, all front yard setbacks shall be met.

4.

Alley. An accessory structure shall be at least three (3) feet from an alley right-of-way. See also Section 5.10.03.F. regarding driveways.

5.

The following shall not be counted toward the number or area of permitted detached accessory structures:

a.

Trellises, pergolas arbors or other similar structures;

b.

Gazebos that are two hundred and fifty (250) square feet in area or smaller;

c.

Landscape features, such as small ponds, outdoor kitchens, spas, and fire pits;

d.

Sport courts;

e.

Swimming pools or hot tubs and changing rooms that are two hundred and fifty (250) square feet in area or smaller;

f.

Solar panels;

g.

Decks, patios; and

h.

Other similar structures as determined by the Director.

6.

Administrative Departure. An Administrative Departure may be approved to allow the wall(s) of a detached accessory structure to within one (1) foot of the side or rear lot line, where topography, natural features, or other site constraints exist, where there are no detrimental effects on adjacent properties, and where applicable fire safety provisions of the City's building codes are met. A property survey and scaled site plan shall be submitted.

J.

Additional Accessory Structures.

1.

In addition to the accessory structure(s) provided for in this Section, one (1) accessory structure, such as an enclosed play structure or storage structure, of one hundred twenty (120) square feet or less and up to fourteen (14) feet high may be permitted in the rear yard on a lot with a residential use. A setback of at least three (3) feet from any lot line shall be provided.

2.

For community gardens and other similar uses, one (1) accessory structure of one hundred twenty (120) square feet or less and up to fourteen (14) feet high may be erected for storage of supplies and materials related to the use. An additional structure of the same size and height may be added for properties exceeding three (3) acres. The structure(s) shall meet all setback requirements of the Zone District.

K.

Prohibited Structures.

1.

No mobile home, trailer, vehicle, tank, boat, container, railroad car, dumpster, barrels, crate, furniture, tent, junk object or salvage materials or similar items shall be used as an accessory structure or storage structure.

2.

Living or sleeping quarters, temporary or permanent, in an accessory structure or other building (except as an Accessory Dwelling Unit as provided in Section 5.9.03), travel trailer, motor home or other recreation vehicle, auto chassis, boat or portable building, are prohibited.

L.

Minimum Greenspace. Accessory structures are subject to minimum greenspace calculations as established within each Zone District."

(Ord. No. 2018-32, § 1, 6-5-18)

5.2.09.B. Swimming Pool Placement

A.

In addition to the provisions of this Section, all applicable requirements of Chapter 131 General Building Regulations shall apply.

B.

Residential Lots.

1.

Interior Lots. A swimming pool shall only be in the rear yard, and the pool wall/edge set back at least seven (7) feet from the rear and side lot lines.

2.

Corner Lots. A swimming pool may only be in the side yard, with a setback of at least seven (7) feet from the pool wall/edge to a side lot line, and no nearer to a street than the main building.

C.

Patios, decks, concrete surrounds, or the like shall comply with the setback requirements of Section 5.2.05.F.3.

A.

Arbors, trellises, pergolas and similar structures may be in any yard provided they comply with clear vision requirements and are at least three (3) feet from front and side lot lines.

B.

Arbors, trellises and pergolas may not be higher than six (6) feet in the front yard or fourteen (14) feet in other yards, and set back at least five (5) feet from the side or rear lot lines.

A.

Permits. All fences and walls higher than thirty (30) inches shall require a Zoning Permit.

B.

Requirements.

1.

Workmanship, Materials, and Maintenance.

a.

Walls and fences shall be constructed using quality workmanship.

b.

Walls shall be made of masonry, decorative block, poured concrete, brick, stone or other high-quality, appropriate material. The material used shall be compatible with material used in construction of the main building.

c.

No fence or wall shall be left in an unfinished state, such as openings on top of walls, uncapped fence posts (unless so designed), or other similar condition.

d.

The finished side of a fence shall face outward toward abutting lots and rights-of-way.

e.

Wrought iron or decorative aluminum fences shall not have exposed pointed ends, but may have finials with flat ends.

f.

Fences shall be made of ornamental metal, rot-resistant wood, chain link or other high-quality, durable materials.

g.

Densely landscaped areas, such as hedges and closely spaced bushes or other plant materials, may be considered a fence when they have the effect or accomplish the purposes normally associated with fences, such as creating privacy or separation. See Section 5.11.12. Landscape Buffers.

h.

Maintenance. Walls and fences shall be maintained in good repair and in safe and attractive condition, including but not limited to replacement of missing, decayed or broken structural and decorative elements with the same materials and removal of graffiti.

i.

Prohibited Material.

i.

Chain link fence material is not permitted in a front yard unless otherwise permitted in this Section.

ii.

Chain link fences with slats are not permitted unless approved by the Planning Director and only where the fence location will not be generally visible from the public right-of-way.

iii.

Unless otherwise required by a public entity or utility to protect power, food or water supplies, barbed, razor, concertina, electrified, or other similar wire is not permitted.

iv.

In the SD-IT District an additional two (2) additional feet of height to accommodate barbed and similar wire fencing is permitted, not to exceed a maximum or overall height of ten (10) feet and only in the side and rear yard.

2.

Front Yard Fences.

a.

Residential Zone Districts. The first five (5) feet of the side yards of a lot shall comply with the fence and wall requirements for a front yard in Table 5.2.11.C. where the front setback is ten (10) feet or less.

b.

Non-Residential Uses. Any fence in a front yard of a non-residential use shall consist of a decorative aluminum or wrought iron picket fence.

c.

Waterfront Lots. The area of a waterfront lot between the main building and the natural body of water is a front yard per Section 5.2.05.E. and shall follow the requirements for front yard fences, except that a solid fence, wall or screening of any kind shall not be permitted in this yard area.

3.

Clear Vision Areas. No fence, wall, screen or planting material shall be erected or maintained in any location that shall obstruct the vision of motorists at street intersections or driveways, per Section 5.2.15. of this Chapter.

4.

Setbacks and Right-of-Way. Fences shall be outside of the public right-of-way and set back at least one (1) foot from the right-of-way line. Fences may otherwise be on the property line.

5.

Vacant Lot. The placement of a fence or wall on a vacant lot shall be permitted. The requirements for walls and open fences shall apply. The requirements of Table 5.2.11.C shall be met when a fence or wall is erected between the lot line and the required setbacks of the District.

6.

Buried Electronic Fences. Electronic fences buried beneath the ground are permitted in all Zone Districts outside of public rights-of-way.

5.2.11.C. Maximum Fence Height.

C.

Maximum Height. Height shall be measured from grade at the lowest point within three (3) feet of the fence or wall, perpendicular from its plane. Height shall be measured from the established grade line to the highest point, including posts and finials. The use of a berm or other feature to artificially increase height is prohibited.

D.

Administrative Departures.

1.

The height, opacity and retaining wall requirements of this Section may be modified where an adequate clear vision area is present, no detriment to neighboring properties would be created and it is clearly demonstrated that due to topography, natural features, lot configuration or other site-related issue that the requirements of this Section cannot be satisfied.

2.

In Mixed-Use Commercial Zone Districts, two (2) feet may be added to the maximum fence height in side or rear yards where it is demonstrated topography, natural features, lot configuration or security makes the additional height necessary and would not be detrimental to neighboring properties.

3.

Vinyl coated chain link fencing may be permitted in the front yard of a property in a SD-IT or other non-residential Zone District where the fence would not be visible from a public right-of-way or materially affect the character of a neighborhood.

(Ord. No. 2018-32, § 2, 6-5-18)

A.

Repair. In all residential Zone Districts, mechanical work and repair of motor vehicles, boats, travel trailers, snowmobiles, recreational vehicles or any other similar vehicles, licensed to, registered in the name of, and solely for the personal use of the dwelling occupant is permitted with the following conditions:

1.

Not more than one (1) vehicle shall be under repair at any given time.

2.

There shall be no outside storage of vehicle parts or equipment.

3.

Repair activities shall not create excessive noise, vibration, odor or other nuisances to neighboring properties.

B.

Outdoor Recreational Vehicle Storage.

1.

Number Permitted.

a.

Outdoor storage or use of one (1) operable recreational vehicle, not exceeding a length of twenty-five (25) feet (excluding the hitch, bumper and other towing attachments), is permitted within a Residential Zone District in accordance with this Section.

b.

One (1) additional operable vehicle shall be permitted on any lot over twenty-two thousand (22,000) square feet.

2.

Recreational vehicle storage shall only be permitted on a lot on which a principal use is present.

3.

Location.

a.

Except as expressly provided in this Section, vehicle storage shall only be in the rear yard. The vehicle may be stored in the side yard if storage in the rear yard is not possible on an interior lot because of specific conditions related to the lot, such as lot size, topography, or other natural features. Vehicles shall not be closer than four (4) feet from the side lot line and shall be screened from the adjacent property by a six (6) foot high solid fence or hedge.

b.

On corner lots, the recreational vehicle may be parked or stored in a side yard no closer than four (4) feet from the side lot line, provided it is not closer to a street than the main building, is not in a front yard, and is screened from the adjacent property by a solid fence or hedge six (6) feet in height.

4.

One (1) recreational vehicle may be parked on a driveway from May 1 through October 31, provided the vehicle is maintained in good condition, is parked a minimum of six (6) feet from any structure on an adjacent property, is at least fifteen (15) feet from the front lot line and clear vision for pedestrians and vehicles is otherwise maintained, and is not being occupied or repaired.

C.

Commercial Vehicles. No commercial vehicle shall be parked or stored on any property in a Residential Zone District unless within a completely enclosed building, except that one (1) commercial vehicle of three-quarter (¾) ton size or smaller may be parked in a residential driveway. Commercial vehicles are permitted to park temporarily while engaged in the delivery, pickup or service to the subject property.

A.

Applicability. The requirements of this Section shall apply to all properties using a receptacle, other than a residential waste container, that is used for the purpose of waste removal, recycling, or reuse of household waste, household goods, clothing, or similar materials.

B.

Enclosure.

1.

All outdoor waste, recycling and compost receptacles, including grease barrels, shall be enclosed on three (3) sides and screened. The fourth side of the enclosure shall consist of a gate, made of wood, vinyl, or other high quality material, as determined by the Director. If the waste receptacle is a dumpster, it shall have an enclosing lid or cover which shall remain closed when not in use.

2.

Residential compost receptacles shall be subject to the provisions of Section 9.108 of the City Code.

5.2.13. Waste Receptacles & Enclosures

C.

Materials. The enclosure shall be constructed of brick or decorative textured block wall to recognize the permanence of the structure, reduce maintenance requirements and lessen the opportunity for graffiti or vandalism. The enclosure shall be consistent with the building materials of the main building. Steel or concrete bollards shall be installed to assist in the positioning of dumpsters and to protect the enclosure.

D.

Size. The waste receptacle base shall be at least nine (9) feet by six (6) feet in area, constructed on six (6) inches of reinforced concrete pavement. The base shall extend six (6) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle. The enclosure shall have a minimum height of six (6) feet or one (1) foot above the height of the waste receptacle, whichever is greater. The enclosure shall have at least three (3) feet of space on each side of the waste receptacle.

E.

Placement.

1.

Preferred placement. When possible, the back side of the waste receptacle enclosure should be placed against the building, which may act as one (1) side of the enclosure.

2.

Front yard. Waste receptacles and enclosures shall not be placed in the front yard.

3.

Rear and side yards. Waste receptacles and enclosures shall be in the rear or side yard and not closer than three (3) feet from the rear or side lot line, unless otherwise approved by the Director where no other practical location is present.

4.

Residential use adjacent. Waste receptacles and enclosures shall be placed a minimum of twenty (20) feet from an adjacent residential use.

5.

Landscape Buffer. A waste receptacle enclosure shall not be placed within a required landscape buffer area, as described in Section 5.11.12.

F.

Access. Waste receptacles shall be easily accessed by refuse vehicles without the potential to damage vehicles parked in designated parking spaces or interfering with the normal movement of vehicles on or off the site.

G.

Administrative Departure. An Administrative Departure for enclosure materials and the placement of an enclosure may be granted. In granting a waiver from the placement requirements, the Director shall take into consideration the proximity of adjacent residential structures, topography, natural features, existing screening or other barriers, and operational requirements for trash removal that would mitigate potentially adverse effects.

A.

Clear Glass. Glass in windows, doors, and display windows shall be transparent to insure a safe, pedestrian-oriented environment. Glass shall be clear or lightly tinted and have a measurement of seventy (70) percent or greater VLT. A glass sample must be provided with the performance values listed on the sample as needed for project review.

B.

Measurement. Transparency requirements shall apply as follows:

1.

For non-residential ground-floor uses, the area of the front and sides of a building between two (2) and eight (8) feet above the sidewalk (or ground level adjacent to the building if a sidewalk is not present) shall be used to measure transparency.

2.

For residential uses and for upper level non-residential uses, the area from floor to floor shall be used to measure transparency. For single-family and two-family dwellings, main entrance doors (not including storm doors) which contain a window shall be counted toward the minimum transparency requirement for the building wall facing the street.

3.

Only those windows and door areas arranged so that active uses within the building are visible from or accessible to the street shall be counted toward meeting transparency requirements. Enclosed product display windows and other similar elements that do not permit clear visibility into the interior of the building shall be omitted from transparency calculations.

5.2.14.B. Transparency Measurement

C.

Reflective Surfaces. The use of highly reflective surfaces, including reflective glass and mirrors, is prohibited on the ground floor.

D.

Security Shutters. Exterior steel barriers, hurricane curtains and other security devices are not permitted on the exterior of the building. If located inside a building, they may not be visible from the sidewalk or public right-of-way during business hours.

E.

Parking Areas. A minimum of six (6) square feet of clear window area for every forty (40) linear feet or portion thereof of the wall(s) of a building that faces a parking area shall be required. The window shall be placed so that the parking area may be readily viewed from inside the building.

F.

Stairwells. Where stairwells are introduced to the outer building wall of a development, the exterior of the stairwell and exit door shall be at least seventy (70) percent transparent.

G.

Cash Register Viewing Window. The cash register for a convenience/package goods store use shall be clearly visible from the street. The viewing window shall be at least twenty (20) square feet in size and consist of clear glass. No signs shall be posted on the viewing window.

H.

Exceptions. Transparency requirements do not apply to portions of structures in assembly area of theaters, auditoriums, religious institutions, and similar uses, provided that the building wall is enhanced by architectural detailing, artwork, landscaping or similar features. Façade variation requirements contained elsewhere in this Chapter shall be met.

I.

Administrative Departures.

1.

Administrative Departures may be granted for any requirement of this Section.

2.

Approved Administrative Departures may be required to provide mitigation measures such as the addition of architectural elements, display windows with a minimum 12-inch depth, a green wall or landscaping.

3.

Administrative Departures may be granted where:

a.

It is demonstrated by the applicant that transparency would be significantly detrimental to the operation or security of the proposed use;

b.

Sloping grades would make the introduction of windows impractical;

c.

All sides of a building are adjacent to the public right-of-way and/or an urban open space;

d.

Any side of a building abuts an outdoor service area, such as loading spaces, trash removal operations, ground level mechanical facilities, or similar use; or

e.

A building that has a side yard setback less than five (5) feet which abuts an interior lot and transparency requirements are in conflict with the City's building codes.

A.

Requirement. Clear vision areas are required in locations where an unobstructed view of approaching traffic is necessary for the safety of pedestrians, bicyclists and drivers. A clear vision area is typically, but not exclusively, a triangular area at the intersection of two (2) streets, or a street and a driveway; however, clear vision areas may be required at other locations identified in this Chapter and in Chapter 51 Streets, Article 8 of the City Code.

B.

Measurement. At the intersection of two (2) streets or the intersection of a street and a driveway, the required clear vision area shall be established as follows:

1.

Street Corners. For streets, twenty (20) feet along each lot line starting at the intersection of the lot lines, and connected by a straight line to form a triangular area. In the case of a rounded corner, the measurement shall be taken from the intersection of the front lot lines extended.

2.

Driveways. For driveways, ten (10) feet along the lot line and the driveway starting at the intersection of the lot line and the closest edge of the driveway, and connected by a straight line to form a triangular area.

3.

Other Required Areas. For other required clear vision areas, refer to the standards established in Chapter 51, Article 8 of the City Code.

5.2.15. Clear Vision Areas.

C.

Landscaping or Structures.

1.

No plantings, signs, fences, walls or other structures exceeding thirty (30) inches in height shall be established or maintained in clear vision areas, except as otherwise allowed in this Chapter or in Chapter 51, Article 8 of the City Code.

2.

The Traffic Engineering Department may require a reduction in the height of any screening improvement or a different location of a new building or structure otherwise required in this Chapter to ensure an adequate clear vision area for driveways and streets. These limitations shall be required only for that portion of the building, structure or screening improvement necessary to provide an adequate clear vision area.

D.

Administrative Departure. A new building or structure may be located within a clear vision area, provided the Traffic Engineering Department concurs with the findings of an independent engineering study provided by the applicant that demonstrates that the siting of the new building or structure allows proper stopping sight distance as defined in A Policy on Geometric Design of Highways and Streets, as amended, by the American Association of State Highway and Transportation Officials (AASHTO).

Any project that would widen a street or intersection within a Street Conservation Area shall be submitted to the Planning Commission for review and recommendation prior to final authorization by the City Commission in accordance with Administrative Policy 97-01 Street and Intersection Widening - Planning Commission Review Procedures.

A.

Applicability. Essential services shall be permitted in all Zone Districts subject to Director Review to determine that the yard, parking, landscaping and screening and other requirements are met, and are designed to be compatible with surrounding uses.

B.

Authority. Accessory facilities, which are determined by the Director, Public Works Director and City Engineer to be necessary in support of essential services, may be permitted in any Zone District.

C.

Concealed Enclosure. The outdoor enclosure of above-ground essential service utilities shall be screened using a permanent brick or decorative textured block wall to recognize the permanence of the new infrastructure, reduce maintenance requirements and lessen the opportunity for graffiti or vandalism.

D.

Administrative Departure. An Administrative Departure may be granted and alternative enclosure or screening materials used in the operation of the utility would be adversely affected by this requirement.

A.

Design.

1.

A canopy may be either attached or detached from the main building.

2.

A canopy shall have an architectural and design treatment, including materials and colors, which is substantially similar to the main building. A canopy shall use a similar roof form, pitch, and materials in order to resemble the roof covering of the main building. Any supporting columns shall be coordinated with the design of the main building.

3.

Except as permitted in Section 5.9.24., Outdoor Seating Areas, a canopy shall not cover architectural details, transparency or the expression line of the main building.

4.

Except as otherwise permitted in Section 5.9.24., Outdoor Seating Areas, a canopy structure shall not be enclosed.

5.

If any part of the canopy is illuminated, highly reflective material shall not be installed on the underside of the canopy.

B.

Height. A canopy shall have a minimum ground clearance of eight (8) feet over public sidewalks and a minimum ground clearance of fourteen (14) feet over any vehicular driveway or parking area. A canopy shall not exceed the height of the main building.

C.

Setback/RBL Requirement. A canopy structure shall comply with all minimum building setback requirements or Required Building Line applicable to the main building.

D.

Sides. Each side of a pump canopy shall be considered a separate façade.

E.

Lighting. See also Section 5.2.19. Outdoor Lighting.

1.

All lighting on the underside of a canopy shall be fully recessed.

2.

No portion of any canopy may be externally illuminated.

3.

Fuel station canopy. A maximum of twenty-five (25) percent of a fuel station canopy visible from a public street may be internally illuminated.

F.

Signs. Signs on canopies are subject to the requirements of Article 15.

(Ord. No. 2019-30, § 1, 7-23-19)

A.

Purpose. The purpose of this Section is to provide reasonable regulations to direct the location, design, illumination level and use of outdoor lighting to minimize its undesirable effects. Specifically, this Section is intended to promote the public health, safety and general welfare of the City of Grand Rapids by:

1.

Maintaining safe night-time driver performance on public streets by minimizing both brightly lit surfaces and lighting glare;

2.

Promoting lighting that provides security but protects the privacy of adjacent properties;

3.

Allowing lighting that is not unduly intrusive or a nuisance to nearby residents, property occupants, and drivers; and

4.

Eliminating intrusive artificial light and lighting that unnecessarily contributes to sky glow and energy consumption.

B.

Lighting Plan. The following information shall be included for all Director Reviews and Site Plan Reviews. Where neither type of approval is required, any of the following items may be required by the Director prior to lighting installation.

1.

A site plan drawn to a scale of no more than one (1) inch to thirty (30) feet showing the buildings, landscaping, parking and service areas, and location and type of all proposed outdoor lighting, including the building lighting.

2.

A photometric grid overlaid on the proposed site plan. A photometric plan shall indicate lighting levels at ground level based on no greater than a twenty-five (25) foot on-center grid and shall project twenty-five (25) feet onto adjacent properties or to the setback limit line, whichever is greater. Illumination levels shall also be measured for all surrounding streets at the public right-of-way.

3.

An analysis showing that the proposed installation conforms to the lighting level standards in this Chapter. All lighting shall have the intensities and uniformity ratio consistent with the Lighting Handbook of the Illuminations Engineering Society of North America (IESNA).

4.

Specifications for all proposed lighting fixtures including mounting heights, photometric data, designation as sharp cut-off fixtures by IESNA, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures.

C.

Outdoor Lighting.

1.

Type. All outdoor lighting, including freestanding, canopy, pole, and building mounted, shall be fully shielded and directed downward to prevent off-site glare and illumination. No portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield, with the exception of pedestrian lighting.

2.

Intensity - General. The intensity of light within a site shall not exceed ten (10) footcandles within any part of the site and one (1) footcandle at any lot line, except where it abuts or faces a Residential Zone District or residential use, a maximum of 0.5 footcandles is permitted.

3.

Intensity - Vehicle Fuel or Outdoor Sales Areas.

a.

In areas where lighting levels from existing, similar vehicle fuel stations or outdoor vehicle sales areas or other illuminated areas are on both sides of the lot and across the street, up to eighty (80) percent of the existing light levels may be used.

b.

For vehicle fuel station canopies and outdoor vehicle sales areas that do not meet the location requirement in Subsection C.3.a. above, an Administrative Departure may be granted for a maximum of twenty (20) footcandles within the site, provided the requirements of Subsection C.2. above apply at the lot line.

4.

Uniformity Ratios. To maintain uniformity in light levels across a development and prevent or minimize dark areas, the ratio of maximum to minimum lighting levels on a given lot is measured in footcandles at ground level, and shall not exceed a ratio of fifteen-to-one (15:1). Parking lots shall maintain the same uniformity ratios as the main building or principal use served.

5.

Height. Height shall be measured from the ground to the top of the light fixture. Except as otherwise required, the height of fixtures in a Residential Zone District or within two hundred (200) feet of that district shall not exceed the following light source to ground level height limits, except as may be permitted by the Planning Commission.

a.

Twenty-two and one-half (22½) feet for parking lots.

b.

Twenty (20) feet for sidewalks and pathways.

6.

Fixtures.

a.

All outdoor fixtures, including building mounted fixtures, shall be full cut-off, shielded fixtures as defined by IESNA.

b.

Poles for lighting fixtures shall be of a fixed height. Adjustable poles are prohibited.

c.

High Intensity Discharge (HID) fixtures shall be used in an effort to maintain a unified lighting standard throughout the city and prevent "sky glow." High pressure sodium fixtures shall be prohibited.

d.

The Director may approve decorative light fixtures as an alternative to shielded fixtures when it can be demonstrated that there shall be no off-site glare or illumination and the proposed fixtures will improve the appearance of the site.

7.

Light Poles. The base of light poles in parking areas shall be either flush with grade or mounted on a concrete foundation projecting no more than thirty-six (36) inches above grade. The base of light poles in non-parking areas shall be either flush with grade or mounted on a concrete foundation projecting no more than six (6) inches above grade.

5.2.19.C Outdoor Lighting.

D.

Lighting Reduction.

1.

Hours.

a.

On all non-residentially developed lots which contain a minimum of four (4) parking lot light poles, parking lot lighting levels for ground surface parking lots and the top levels of parking decks or structures must be reduced by at least fifty (50) percent of full operational levels within thirty (30) minutes after the close of business.

b.

Lighting levels may be reduced by turning off fifty (50) percent of the parking lot lights or by dimming parking lot lighting levels to no more than fifty (50) percent of the levels used during business or activity hours within thirty (30) minutes of the close of business, or by some combination thereof.

2.

Security.

a.

Given that a certain minimum lighting level is recommended for safety and security purposes, this provision does not require parking lot lighting levels to be reduced to less than 0.2 footcandles as measured horizontally at the surface on which the light pole is mounted.

b.

The need for security lighting (e.g. the lighting for safety of persons and property) shall be demonstrated. To the extent that an area is illuminated for other purposes, independent security lighting is not allowed.

c.

All security fixtures shall be shielded and aimed so that illumination is directed only to designated areas. In no case shall lighting be directed above a horizontal plane through the top of the lighting fixture, and the fixture shall include full cut-off shields that prevent the light source or lens from being visible on adjacent lots and streets. The use of general floodlighting fixtures is not allowed.

E.

Architectural Lighting. When buildings and structures are to be illuminated, the Director shall approve a design for the illumination using the following requirements.

1.

Direction of Lights. Lighting fixtures shall be carefully sited, aimed and shielded so that light is directed only onto the building façade. Lighting fixtures shall not be directed toward adjacent streets, streets or properties, and light shall not trespass onto surrounding properties.

2.

Façade Lighting. Lighting fixtures mounted on the building and designed to wash the façade with light are permitted. Ground or pole-mounted floodlights are not permitted for façade lighting.

3.

Accent Lighting. Luminous tube (neon), string lighting, LED or fluorescent lighting may be allowed as an architectural detail on the exterior of any structure, provided that such lighting shall not completely outline or define property lines, sales areas, roofs, doors, windows or similar areas in a manner that is not primarily for safety purposes. Accent lighting may be approved by a Director Review upon determining that the accents would not cause off-site glare or light pollution and that lighting is not intended to be used as the equivalent of a sign. Notwithstanding, seasonal lighting displays, including string lighting, may be allowed without Director Review in conjunction with a nationally recognized holiday provided such displays are strung no sooner than sixty (60) days before the holiday and shall be removed within twenty (20) days following the holiday.

4.

Landscape Lighting. The illumination of landscaping shall not generate excessive light levels, cause glare, or direct light beyond the landscaping.

F.

Temporary Light Display in TN-CC Zone District.

1.

Temporary light displays are permitted in connection with planned events at the following uses only.

a.

An arena with a seating capacity of ten thousand (10,000) persons or more; and

b.

A convention center having one hundred thousand (100,000) square feet or more of floor area.

2.

These displays shall only be permitted on the premises in which the event is held.

3.

For each qualifying use, these displays shall be permitted for up to ten (10) events each year and may be displayed for a maximum of eight (8) days for each event. The location, number, size and general character of these displays shall be approved by the Director.

4.

Sign Permit. A sign permit is required for all temporary light displays allowed in this Section.

G.

Other Lighting Requirements.

1.

Indirect illumination of signs, canopies, bollards and buildings is permitted provided a maximum one hundred twenty-five (125) watt bulb is used and placed or shielded to prevent glare.

2.

Electrical feeds to lighting standards shall only run underground.

3.

The use of a laser light source, search lights or any similar high intensity light for outdoor advertisement or entertainment is prohibited, except as permitted in the TN-CC Zone District under Section 5.2.19.F.

4.

Lighting shall not consist of or have the appearance of movement or flashing components, except as otherwise permitted in this Chapter.

H.

Public Street Lighting. The cost of installing and operating approved street lighting on any public street shall be through a financial method approved by the City or by the Michigan Department of Transportation. The costs of all other lighting systems shall be borne by the developer/property owner.

I.

Exemptions. The following outdoor light fixtures are exempt from the provisions of this Section.

1.

Outdoor light fixtures installed prior to the effective date of this Chapter. Fixture replacements shall comply with the requirements of this Section in accordance with the provisions of Section 5.3.06.C. to the extent that the overall appearance of the site is not adversely affected. The Director may require that existing light fixtures be redirected in conditions where excessive glare onto adjacent properties and roadways creates a nuisance or safety concern.

2.

Streetlights within a public right-of-way.

3.

Pedestrian walkway ground lighting.

4.

Outdoor light fixtures which use an incandescent light bulb of one hundred fifty (150) watts or less, except where they create a hazard or nuisance from glare or spillover light.

5.

Lighting necessary for street or utility construction or emergencies.

6.

Lighting necessary for designated recreational fields or similar uses that cannot reasonably comply with the standards and provide sufficient illumination of the recreational field for safe use, following IESNA standards. The fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area. Lights shall be turned off within one-half (½) hour of the completion of the event.

7.

Government facilities, parks and open areas, public utility facilities, and other uses where sensitive or dangerous materials are located may submit a Site Security Plan to the Director requesting deviations from the requirements of this Section. The Plan may be approved, or approved with conditions, upon finding that:

a.

The lighting is necessary for adequate protection of the public;

b.

The condition, location, or use of the land, or history of activity in the area, indicates the land or any materials stored or used on it are in greater danger of theft or damage, or members of the public are at greater risk for harm than on other property; and

c.

The deviations do not have a significant adverse effect on neighboring areas.

J.

Administrative Departure. An Administrative Departure from the requirements this Section may be granted if it is determined that proposed lighting otherwise meets the purposes of this Section and does not adversely affect the health, safety and welfare of the public.

A.

Purpose and Intent.

1.

The purpose of this Section is to permit development projects the ability to proceed at a faster pace than current City resources are capable of constructing, installing, modifying, or improving existing infrastructure and/or service capacities to accommodate the development project. The project may itself be the sole reason for the infrastructure and service needs, or it may contribute to a heightened demand for infrastructure and services which are nearing or already at capacity. Inadequately sized infrastructure or insufficient service to the development project would result in one (1) or more declining levels of traffic safety, roadway capacity, reduced Level of Service (LOS) or water, sewer, energy, communications or other utility service reductions in the system. It is the intent of this Section to allow for development while ensuring that the project site and all customers that use and rely upon sufficient infrastructure and services within the community are properly accommodated.

2.

The inability of the City to provide or enhance the available level of infrastructure or services to accommodate the development project may serve as the basis to deny a project request due to insufficient or increasingly insufficient infrastructure capacity if the project were to be constructed. Project denial due to insufficient infrastructure or services is not a desired outcome as development and redevelopment projects often improve neighborhoods and, over the long-term, improve the economic capacity of the neighborhood and the community by raising property values and employment opportunities. Alternatives to improve infrastructure and/or service insufficiency are preferable to project denial. In these cases, the City may offer an alternative to project denial by accepting the offer of voluntary support by the project's owners to undertake or contribute towards the cost of providing the needed infrastructure or service changes for future conditions created or contributed to as a result of the development project.

3.

In general, infrastructure or service changes are quantifiable in terms of capacity and cost. Needed changes may require study, planning, design, phasing or other efforts before being undertaken. In these situations, the City Commission could, by contract with the project's owners, accept contributions to fund the work. The City would set aside the funds for use only to address the particular infrastructure and/or service changes associated with the development project. For example, in the situation where area streets and intersections are or will be functioning at low levels, undertaking or funding street and intersection improvements may be appropriate. Sometimes, however, street and intersection improvements may not be practical or may be insufficient to address the concerns. Due to topography, the impracticality of acquiring needed additional right-of-way, area-wide traffic patterns, jurisdictional issues or other limitations, different approaches such as additional transit services, remote parking lots, pedestrian overpasses, shared parking structures, reversible traffic flows at peak times, or other, less common, and more cooperative approaches may be the only feasible and reasonable alternatives to ameliorate anticipated infrastructure and service burdens imposed by the development upon customers and citizens within the service area. A particular project may provide the necessary impetus for these alternative approaches, particularly in relation to public health and safety, while itself providing insufficient support or justification. However, together with reasonably foreseeable additional projects, it may form the basis for addressing the need by these approaches.

B.

Existing and Future Conditions Evaluation. The applicant or property owner shall be informed of any inadequately sized infrastructure or insufficient services within the proposed project area that currently exists or that will be created or contributed to by the proposed development project. The Director, Traffic Engineering Director, Planning Commission or City Commission will provide a basis for the determination that a development project, either by itself or in conjunction with other reasonably foreseeable projects, will:

1.

Overload infrastructure or municipal services;

2.

Measurably degrade the level of infrastructure or public services to levels that adversely affect public health, safety or quality of life; or

3.

Place additional strains on infrastructure or public services that already are at levels that adversely affect public health, safety or quality of life.

C.

Alternatives Evaluation. The Director may encourage the applicant to propose particular designs or improvements, cost estimates and other related information to recommend or identify changes on the project site, in the immediate project area or in locations which would assist in supporting the necessary infrastructure or services to sustain the development. Where the Director does not have specific information about needed changes readily available because they are not easily ascertainable given the characteristics of the situation, the Director may identify possible ways and anticipated costs of addressing the conditions.

D.

Determination. Upon review of the alternatives to support the needed infrastructure and/or services to support the development project, the applicant may:

1.

Appeal a determination made by the Director to the Planning Commission.

2.

Discontinue the project.

3.

Redesign the project to address the concerns.

4.

If it is acceptable to all City and other governmental officials of competent jurisdiction, agree to:

a.

Undertake and construct the needed infrastructure improvements according to plans and specifications approved and overseen by the City;

b.

Fund the needed infrastructure or service improvements pursuant to a written agreement approved by the City Commission with the amount of the payment determined based on the actual costs of the improvements;

c.

Contribute to a fund to be used by the City to address the infrastructure or service concerns pursuant to a written agreement approved by the City Commission with the amount of that contribution determined based on what the City Commission reasonably determines to be the applicant's proportionate share of the reasonably anticipated costs of the improvements.

A.

Roof-Mounted Satellite Dish Antennas. The following roof-mounted satellite dish antennas and similar devices shall not be subject to the requirements of this Article.

1.

In Residential Zone Districts, a device that is two (2) meters (or 6.7 feet) or less in diameter.

2.

In all other Zone Districts, a device that is two (2) meters (or 6.7 feet) or more in diameter, provided the device complies with the height requirements of the Zone District.

B.

Ground-Mounted Satellite Dish Antennas. Ground-mounted satellite dish antennas and similar devices shall be permitted in all Zone Districts, subject to the following conditions:

1.

The maximum height shall be fifteen (15) feet.

2.

The devices shall not be permitted in front and side yards and shall comply with all setback requirements of the Zone District.

3.

All electrical and antenna wiring shall be placed underground.

4.

Evergreen screening shall be provided in sufficient concentration to reasonably conceal the device. Alternative screening that achieves the same effect may be approved by the Director.

5.

The devices shall be sited and designed to withstand a wind force of ninety (90) miles per hour. The device shall be securely mounted and anchored in accordance with manufacturer specifications and the Building Code.

6.

The surface of the device shall be painted or treated so that it does not reflect glare from sunlight, and shall use to the extent practicable, materials and colors that blend with the surroundings.

7.

The surface of the device shall not be used as a sign or message board.

C.

Administrative Departure. An Administrative Departure may be approved to vary any provision of this Section if its application inhibits or prevents the reasonable operation of the satellite dish antenna or similar device. If so approved, the Director may require additional screening or other reasonable conditions to reduce the visibility of the device from adjacent properties.

A.

The regulations of this Section shall be met, in addition to the regulatory provisions of Article 4, Chapter 155 of the City Code.

B.

One (1) covered enclosure for the keeping of chickens is permitted, not to exceed six (6) square feet in area per chicken, and not higher than eight (8) feet. This square footage shall not count against the allowable square footage or number of accessory structures permitted by Section 5.2.08.

C.

The area of the permitted enclosure may be treated as Greenspace for the purposes of meeting the requirements of Section 5.5.06.H., and is exempt from the vegetation requirements of Section 5.11.07.A. of the General Standards for Landscaping.

D.

Fencing used to enclose chickens is exempt from the approved fence material requirements of Section 5.2.11.B.1.

A.

Purpose.

1.

State universities created pursuant to the constitution and laws of the state of Michigan are unique entities the boards of which are charged with operating the universities to carry out their respective educational missions for the benefit of the people of this state. It is the policy of the City to collaborate with and support state universities in the development of state university owned property.

2.

The City also recognizes development of state university owned property can affect residential or other neighborhoods in its vicinity. Accordingly, this Section is intended to enable a collaborative process that provides appropriate deference to the state university while ensuring neighborhood concerns and effects are appropriately considered in the development of a state university's property.

B.

Applicability and Process.

1.

In addition to, or in lieu of, other ways a state university and the City have collaborated in the development of state university owned property in the City a state university may elect to pursue the approach provided in this Section.

2.

If requested by a state university, the City may, with City Commission approval, enter into a written memorandum of understanding or other written document with a state university that provides for:

a.

Submission of a written plan for the development of one (1) or more parcels of state university owned property in furtherance of the university's mission in any Zone District;

b.

Engagement of the neighborhood association or others in the residential or other neighborhood in the vicinity of the university-owned property for purposes of hearing and considering their comments;

c.

A public meeting conducted by the Director, notice of which is provided in the same manner as a public hearing under this Chapter; and

d.

Director's approval. The Director's approval of the plan(s) pursuant to a memorandum of understanding or other written document, the approval of which shall constitute an approval of the state university's development of the state university owned property addressed by that memorandum of understanding or other written document.

3.

A memorandum of understanding or other written document entered into pursuant to this provision may provide a process for appeal of the Director's denial of a plan proposed by the state university by other City officials as provided by the memorandum of understanding or other written document.

A.

Nonconformities Permitted. It is recognized that there exists within Zone Districts certain lots, buildings, structures, site improvements, and uses which were lawful before this Chapter was passed or amended, which would be prohibited, regulated, or restricted under the terms of this Chapter. It is the intent of this Chapter to permit these nonconforming lots, buildings, structures, and uses to continue until they are altered, abandoned, removed, or brought into conformance, but not to encourage their continued use or survival.

B.

No Expansion of Nonconformities. Nonconforming lots, buildings, structures, and uses are hereby declared to be incompatible with the Zone Districts in which they are located. It is the intent of this Chapter that these nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the Zone District, except as may be provided for in this Chapter.

C.

Construction Prior to Effective Date of this Chapter. Nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Chapter, or an amendment thereto, and upon which actual building construction has been diligently conducted.

D.

Acquisition of Nonconformities. The City may acquire, through purchase or condemnation, private nonconforming lots, buildings, structures, and uses. The City Commission may take actions related to acquisition in the manner provided for by law.

E.

If a nonconformity existing prior to the effective date on this Chapter becomes conforming because of the adoption of this Chapter, or any subsequent amendment, then it shall no longer have a nonconforming status. A condition that was not a nonconformity prior to the effective date of this Chapter does not achieve any nonconforming status under this Chapter by repeal of the previous Chapter.

A.

Use Permitted.

1.

A nonconforming lot may be used for any use permitted in the Zone District, subject to any approvals required by this Chapter, provided that all placement, height and other applicable regulations related to the building are met, except as noted in 2. below.

2.

A side yard requirement for a building or structure on a nonconforming lot may be reduced by the same percentage the area of the lot bears to the Zone District requirements. For example, a lot that is twenty (20) percent less than the minimum lot area may reduce the required side yard by twenty (20) percent, provided that no side yard shall be less than five (5) feet.

B.

Contiguous Nonconforming Lots in Common Ownership.

1.

Any two (2) or more nonconforming lots of record or combination of lots and portions of lots of record, existing prior to the effective date of this Chapter, or an amendment thereto, shall be considered to be an undivided parcel for the purposes of this Chapter if they:

a.

Are in common ownership; and

b.

Have continuous frontage; and

c.

Individually do not meet the lot width or lot area requirements of this Chapter.

2.

Parcels meeting these requirements shall be combined into a lot or lots complying as nearly as possible with the lot width and lot size requirements of this Chapter. No portion of that parcel shall be used or divided in a manner that further diminishes compliance with lot width and area requirements of this Chapter.

A.

Continuation. A nonconforming building or structure may be continued so long as it remains otherwise lawful, subject to the provisions of this Section.

B.

Extensions and Expansion.

1.

No nonconforming building or structure may be enlarged or altered in a way that increases its nonconformity, except as noted in subsection B.2. below.

2.

A nonconforming building or structure may be extended along the portion of the building that is nonconforming provided the following conditions are met:

a.

The existing building or structure must meet at least one-half (½) of the required setback or Required Building Line (RBL) of the Zone District.

b.

The extension of the nonconforming setback or RBL of a building or structure shall not be greater than fifty (50) percent of the total length of the existing building side that is to be extended.

c.

Additions to an existing building which is nonconforming by reason of the building height shall be permitted, provided the addition is no higher than the existing building and has a setback from all property lines that is equal to the height of the new addition.

d.

All parking requirements are met related to the expanded area.

C.

Reconstruction or Movement.

1.

Reconstruction.

a.

Should a nonconforming building or structure be destroyed to an extent of more than seventy-five (75) percent of its replacement cost, exclusive of the foundation, it shall be reconstructed only in conformance with the provisions of this Chapter.

b.

Should a nonconforming building or structure be destroyed to an amount equal to or less than seventy-five (75) percent of its estimated replacement cost, exclusive of the foundation, it may be reconstructed in its previously nonconforming location.

c.

Replacement costs shall be provided by the owner using estimates from at least two (2) contractors in the business of undertaking this work.

2.

Movement.

a.

Should a nonconforming building or structure be moved to a different lot, it shall be moved to a location that complies with the requirements of this Chapter.

b.

If moved on the same lot, the location shall comply with the requirements of this Chapter unless an Administrative Departure is approved for a location that brings it closer to conformity with the Zone District.

A.

Alterations or Replacements.

1.

Where alterations or replacements to the exterior of a building involve fifty (50) percent or more of the exterior wall area, the entire building shall meet the façade variation, transparency, and building material requirements of the Zone District.

2.

Alterations or replacements that involve less than fifty (50) percent of the exterior wall shall equal those that exist, or shall be as close to conformity as feasible without materially affecting the architectural character of the building.

B.

Exterior Renovations. Exterior renovations shall not destroy or cover original architectural details on a building that are vital to the proper proportion of the façade or the overall architectural character of the building. Brick and stone exteriors shall not be covered with artificial siding or panels.

C.

Building Elements.

1.

Window and Door Openings. Existing window and door openings shall be maintained. New window and door openings should maintain a similar horizontal and vertical relationship as the original.

2.

Vertical and Horizontal Elements. The vertical lines of columns and piers, and the horizontal definition of spandrels and cornices, and other primary structural elements shall be maintained.

D.

Administrative Departure. An Administrative Departure may permit alternative materials or design elements to replace nonconforming elements where the applicant can demonstrate that the original building elements have been removed or substantially damaged, or that the building lacks a significant architectural character as related to its surroundings and the general neighborhood.

A.

Enlargement or Increase.

1.

No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied when the use became nonconforming, except as may be permitted by the Board of Zoning Appeals.

2.

In determining if the proposed enlargement, increase, or greater area shall be permitted, the Board shall find that if approved, the use shall:

a.

Not have a substantial detrimental effect on the use and enjoyment of adjacent uses or lots;

b.

Comply with all parking, sign, or other applicable regulations for accessory uses for the area affected by the proposed enlargement, increase, or greater area;

c.

Not occupy an area larger than twenty-five (25) percent of the original nonconforming area.

3.

The Board of Zoning Appeals may impose reasonable conditions that are necessary to ensure that the proposed enlargement, increase, or greater area shall not prove detrimental to adjacent properties, the neighborhood, or the community.

B.

Extension Within a Building. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this Chapter and would have been permitted by right, but the use shall not be extended to occupy any land outside the building.

C.

Reduction in Nonconforming Use. If any part of a nonconforming use is moved or reduced in size by action of the owner, the part of the nonconforming use that is moved or reduced in size shall be considered to be abandoned and any subsequent use shall conform to the requirements of this Chapter.

D.

Abandonment.

1.

If a nonconforming use is abandoned for any reason for a period of more than twelve (12) calendar months, any subsequent use shall conform to the requirements of this Chapter.

2.

A nonconforming use shall be determined to be abandoned if the City is in receipt of a written declaration by the property owner that the use will not be continued, or that two (2) or more of the following conditions exist that demonstrate intent on the part of the property owner to abandon the nonconforming use:

a.

One (1) or more utility meters, such as water, gas and electricity to the property, have been removed;

b.

The property, buildings and/or grounds are unsafe or unsanitary, as described in Chapter 140 Housing Code or Chapter 135 Building Maintenance Code;

c.

Cessation of business operations during the abandonment period;

d.

Removal of signs or other indications of the existence of the nonconforming use;

e.

Removal of equipment or fixtures necessary for the operation of the nonconforming use;

f.

Failure to maintain current licenses, certificates, permits, registrations or other appropriate documentation; or

g.

Other actions, which in the opinion of the Director, constitute an intention by the property owner or lessee to abandon the nonconforming use.

3.

Abandonment Period Extensions.

a.

Upon written request received prior to the end of the abandonment period, the Director may approve an extension of the abandonment period up to an additional six (6) months.

b.

One (1) additional six (6) month extension may be granted if approved by the Board of Zoning Appeals.

c.

Extensions by the Director or Board of Zoning Appeals shall be considered only where a property owner can demonstrate a good faith effort to sell or lease the premises to another, similar use that is at least as conforming as the previous use.

E.

Change to Other Nonconforming Use. Prior to a determination of abandonment, a nonconforming use may be changed to another nonconforming use provided the Board of Zoning Appeals makes all of the following determinations.

1.

The proposed use is equally compatible, or more compatible, with the surrounding neighborhood, and that the use is equal to or more conforming to the uses allowed in the Zone District than the previous nonconforming use.

2.

The proposed nonconforming use is not enlarged or increased, nor extended to occupy a greater area of land than the previous nonconforming use, except as may otherwise be permitted by this the Board of Zoning Appeals.

3.

That buildings and area encompassing the expansion of the nonconforming use complies with all parking, landscaping, or other site development regulations applicable to the area affected by the proposed enlargement, increase or extension of use area as required by this Chapter.

F.

Existing Uses. Certain uses identified with an "E" in Table 5.5.05.B. Uses: Residential Zone Districts, and Table 5.6.06.B. Mixed-use Commercial Zone Districts may continue to exist as permitted uses in their respective Zone Districts, subject to the restrictions contained therein, and shall be exempt from the abandonment criteria of Section 5.3.05.D. above, provided:

1.

There is no increase in size, alteration or change to the building or structure, external or internal, other than general maintenance; and

2.

All equipment or fixtures that are necessary for the operation of the use(s) remain in place; and

3.

Any residential property is registered in conformance with the Chapter 140 Housing of the City Code.

A.

Purpose. This Section permits reviews of applications for improvements and minor modifications to a nonconforming lot, building, structure or use that does not require a site to meet all of the site improvement regulations of this Chapter. Where appropriate, the intent is to allow gradual compliance with site-related requirements for sites that pre-date requirements for landscaping, paving, and other non-safety site-related items.

B.

Planning Commission Review. Improvements or modifications to nonconforming site elements may be permitted by the Planning Commission during a Special Land Use or Site Plan Review process when required by this Chapter without a complete upgrade of all site elements under the following conditions:

1.

The applicant provides reasonable site improvements to the site in relation to the scale and construction cost of the building improvements or expansion.

2.

The applicant addresses any safety-related site issues for the site.

3.

The improvements or minor expansion do not increase the nonconforming site elements.

4.

The applicant upgrades the site landscaping consistent with Article 11, to the degree deemed appropriate by the Planning Commission.

5.

Driveways that do not conform to the access management requirements of this Chapter are eliminated, provided that minimum reasonable access is maintained.

C.

Administrative Departure.

1.

Improvements or modifications to nonconforming site elements may be permitted as an Administrative Departure for site improvements that require a Director Review without a complete upgrade of all site elements where topography, natural features or other site constraints exist, and where there are no detrimental effects on adjacent properties, and provided that any nonconforming setbacks are not further reduced.

2.

In evaluating the Administrative Departure, the Director shall determine which provisions of this Chapter shall apply and to what extent, in consultation with the Directors of the Building, Environmental Protection Services, and Traffic Engineering departments, or other applicable City departments.

D.

Compliance Required. Site elements shall be brought into full compliance with this Chapter for any of the following:

1.

A parking or landscape area is expanded or reconstructed (existing pavement and/or landscape materials and ground cover removed and replaced) by twenty-five (25) percent or more of the original nonconforming area.

2.

The size of the nonconforming site covered by existing lighting is expanded by an area that is fifty (50) percent or more of the original nonconforming area; and/or seventy (70) percent or more of the existing light poles and/or fixtures are replaced by new poles, bases, or fixtures.

E.

Nothing in this Section shall be construed to require the removal of vegetation preserved as part of the original construction of the landscaped area.

F.

In all instances, required screening walls for waste receptacles, fencing of outdoor storage or screening from adjacent residential uses shall be provided.

G.

The City may require a performance guarantee under the provisions of Section 5.14.04. to insure that all improvements required in this Section are made in accordance with the approved plan.

See Section 5.15.03. for regulations pertaining to nonconforming signs.

See Section 5.9.41. for regulations pertaining to nonconforming wireless communication towers.

A.

Neighborhood Classifications. This Article establishes three (3) Neighborhood Classifications and a number of Zone Districts within each Neighborhood Classification that represent a broad range of development eras and existing built conditions throughout the city. Through the Master Plan process, residents identified the diversity of existing residential and commercial areas as key to maintaining the attractive and economic vitality of the city.

B.

Development Characters. This Article describes the distinctive characteristics of neighborhoods and other areas, as defined in the City of Grand Rapids Neighborhood Pattern Work Book, and provides the framework for development standards to guide future development. The city is divided into the following Neighborhood Classifications and Zone Districts, as described below.

A.

Neighborhood Classifications. Residential and Mixed-Use Commercial Zone Districts have been assigned a Neighborhood Classification based on similar development characteristics within the City of Grand Rapids, as established by the Master Plan and Pattern Work Book. These Neighborhood Classifications are Traditional Neighborhood; Mid-20 ^th Century Neighborhood; and Modern Neighborhood. Within each Neighborhood Classification are individual Zone Districts, each with its own uses and development requirements.

5.4.02.B Traditional Neighborhoods (TN).

B.

Traditional Neighborhoods (TN).

1.

Background. Developed prior to society's dependence on the automobile, these neighborhoods were designed to provide residents with a variety of commercial, institutional and residential options within a short walking distance. Residents find housing options such as single-family homes and apartments above storefronts, as well as commercial and institutional uses integrated into a central neighborhood design. Diversity in building size and use enhances the vitality of these neighborhoods.

2.

Characteristics. The valued characteristics of the built environment of a Traditional Neighborhood include:

a.

A pattern of small blocks, alleys and a connected street grid system;

b.

Smaller building footprints on small sites with variable lot sizes;

c.

Human-scaled buildings with high quality exterior materials;

d.

Front façade oriented parallel to the street;

e.

Pedestrian and transit orientation, with widespread provision of on-street parking and off-street surface parking areas that are located to the rear of the lot;

f.

Integrated residential and nonresidential land uses located in the same building or in proximity to one another without extensive buffering;

g.

Well-defined building entries and windows constituting at least fifty (50) percent of the front façade, and

h.

Other building elements and architectural patterns.

5.4.02.C. Mid-20th Century Neighborhoods (MCN).

C.

Mid-20th Century Neighborhoods (MCN).

1.

Background. These neighborhoods reflect American society's change after World War II towards an automobile-dependent development pattern. Residential neighborhoods have a more spacious feel with larger lots and buildings located further from the street. Streets and neighborhoods are less connected; and land uses are segregated from one another, including separation of apartment buildings from single-family housing. More intense commercial and institutional uses are found on highly visible corners and along heavily traveled traffic corridors in strip developments.

2.

Characteristics. The valued characteristics of the built environment of a Mid-20th Century Neighborhood include:

a.

Curvilinear streets with sporadic cul-de-sacs or alleys;

b.

Larger uniform lot sizes with generous building setbacks;

c.

Some mixed uses integrated within a neighborhood, but uses generally segregated;

d.

Pedestrian and automobile-oriented streetscapes that include sidewalks and limited parking in the front of buildings;

e.

Building entries predominately oriented to the street; and

f.

Simplified building articulation and massing.

5.4.02.D. Modern Era Neighborhoods (MON).

D.

Modern Era Neighborhoods (MON).

1.

Background. Land patterns within these neighborhoods have been developed to serve individual uses. Major roadways connect these uses to each other. Street and neighborhood connectivity is less evident and the presence of sidewalks is often limited.

2.

Characteristics. The valued characteristics of the built environment of a Modern Era Neighborhood include:

a.

Larger lots and deeper setbacks in residential areas.

b.

Single-family homes, apartments, office complexes and shopping centers are segregated.

c.

There is a dependence on the automobile or public transit to live, work and/or shop; and

d.

Large greenspace opportunities.

3.

The existing development pattern of segregated land uses, cul-de-sacs and a strong automobile orientation are intended to be minimized over time. Alternative high quality design approaches shall promote multi-family developments within walking distance of transit and the restructuring of existing commercial concentrations as walkable mixed-use centers.

A.

Zone Districts. Zone Districts are found under the following Neighborhood Classifications, with the exception of the NOS Neighborhood Office Service District which may be found in Section 5.6.05.

B.

Special Districts. The following Special Districts are in addition to the individual Zone Districts located within each Neighborhood Classification. Special Districts are not required to comply with all design requirements of the Neighborhood Classification. A Special District is intended to accommodate unique land uses and activities that do not readily fall under the intent and purpose of any other Zone District.

C.

Overlay Districts. The following Overlay Districts are in addition to the individual Zone Districts located within each Neighborhood Classification or Special District. Overlay Districts are designed to complement the base Zone District and to achieve a unique set of established goals for a corridor or geographic area.

D.

Neighborhood Office Service District (NOS). The NOS District serves as either a stand-alone district or as a transitional district between areas of high and low intensity development and is not intended to be included in a Neighborhood Classification. It is intended to provide a limited service area within neighborhoods with daily goods and services. See Section 5.6.05.

(Ord. No. 2020-13, § 1, 4-28-20)

A.

Purpose. Since every type of potential use cannot be anticipated in this Chapter, this Section provides a process for addressing uses not specifically listed or those that cannot be reasonably interpreted as substantially the same as those listed. Similarly, there are various uses that include the phrase "and similar uses." These procedures are also intended to interpret the phrase "and similar uses" found in this Chapter.

B.

Decision. The Director may determine that the use is similar to allowed uses in the Zone District, as either a Permitted Use or a Special Land Use. The Director may request that the BZA make this determination. The Director or BZA determination shall be in writing and shall be sent to the applicant.

C.

Review Standards. The Planning Director or BZA shall base the decision on a finding that the proposed use satisfies all of the following.

1.

Is not specifically listed in any other Zone District;

2.

Is generally consistent with the purpose of the Zone District and this Chapter;

3.

Does not materially impair the present or potential use of other properties within the same Zone District or the neighboring area;

4.

Has no greater potential impact on surrounding properties than those listed in the Zone District in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to health, safety and general welfare; and

5.

Is substantially consistent with the Master Plan or other relevant adopted plans of the City.

D.

Text Amendments. Uses determined to be similar to a Permitted Use or a Special Land Use shall be recorded by the Planning Department, and periodically presented to the Planning Commission to consider incorporation into the text of this Chapter.

E.

Should the Director or BZA determine that the use is not similar to a use addressed by this Chapter, an applicant or the City may seek to amend the text of this Chapter to permit the use either as a Permitted Use or Special Land Use in accordance with the text amendment process described in Section 5.12.10. Alternatively, an applicant may seek a use variance from the Board of Zoning Appeals in accordance with the provisions of Section 5.13.04.

A.

Zoning Groups. The Zoning Map depicts four (4) levels of zoning groups: Neighborhood Classification, Zone Districts, Special Districts, and Overlay Districts.

B.

Boundaries. The boundaries of these classifications are hereby established as shown on a map entitled "The Zoning Map of the City of Grand Rapids, Michigan," which is incorporated into and made a part of this Chapter and which is maintained by the Planning Department.

C.

Interpretation of Boundaries. Where uncertainty exists regarding the boundaries of a Zone district as shown on the official Zoning Map, the following rules shall apply:

1.

Boundaries.

a.

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow those centerlines;

b.

Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines;

c.

Boundaries indicated as approximately following City limits shall be construed as following City limits; and

d.

Boundaries indicated as following shorelines shall be construed as following the shoreline, and in the event of change in shoreline shall be construed as moving with the shoreline.

2.

In circumstances not covered by C.1. above, the Director shall interpret a Zone District boundary after review of the following.

a.

Lot line and Zone District placement;

b.

Existing land uses;

c.

Staff memos, minutes and other information when the designation was made; or

d.

Historical context in the understanding and treatment of district lines.

D.

Where changes are made in a Neighborhood Classification, Zone District, Special District or Overlay District boundaries, other districts or any other matter portrayed on the official Zoning Map, those changes shall be entered on the official Zoning Map promptly after the amendment to this Chapter has been approved by the City Commission.

E.

In any case where a property has not been specifically included within a Zone District, it is hereby declared to be in the Low Density Residential District applicable to the Neighborhood Classification in which it is located. Provided, however, that where property annexed to the City has been restricted by previous zoning regulations of the former municipality, those provisions shall apply pending the adoption of City zoning regulations for the property.

The Street Classification Map and related text within the Street Classification Policy that identifies regional, major, city collector and neighborhood collector streets shall be considered a part of the Zoning Ordinance.

A.

Residential Zone Districts are divided into Low-Density Residential (LDR) Districts and Mixed-Density Residential (MDR) Districts within the framework of the three (3) Neighborhood Classifications of Traditional Neighborhoods (TN), Mid-20th Century Neighborhoods (MCN), and Modern Era Neighborhoods (MON).

B.

LDR, Low-Density Residential District. The Low-Density Residential District is intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain the desired physical characteristics of the city's existing neighborhoods.

1.

The density ranges for each Low-Density Residential Zone District varies based upon the Neighborhood Classification in which it is located.

2.

Site and building placement regulations, as well as requirements for building elements, take the built environment into consideration as many of the areas that include this Zone District are in existing developed areas.

C.

MDR, Mixed-Density Residential District. The Mixed-Density Residential District is intended to create, maintain and promote a variety of housing types in areas where development already exists or where it is desired in the future.

1.

The density ranges for each mixed-density Zone District varies based upon the Neighborhood Classification in which it is located, but generally accommodates moderate- to high-density housing, including detached single-family houses, attached single-family dwellings, two-family dwellings, and multiple-family residential buildings.

2.

Site and building placement regulations, as well as requirements for building elements, have taken the built environment into consideration. The Master Plan recommendations in Section 10.0 Development Character and Section 10.9 Higher Quality Medium and High-Density Residential Design shall be used in site design, except where it is impractical or inconsistent with the neighborhood.

A.

TN-LDR, Traditional Neighborhood—Low-Density Residential Zone District. The TN-LDR District is intended to protect established development patterns, consisting predominantly of medium-low density residential development in the form of detached single-family houses and two-family dwellings sited on individual lots. Pockets of medium- to high-density residential development are generally found along transit routes, near to business districts and along major streets. The redevelopment of sites shall remain consistent with this pattern of development.

B.

TN-MDR, Traditional Neighborhood—Mixed-Density Residential Zone District. The TN-MDR District is intended to provide a variety of housing choices in a spatially diverse manner while protecting established development patterns. Mixed-density neighborhoods are generally found along transit routes, near to business districts and along major streets. They often act as a transition between lower density residential development and non-residential uses. Redevelopment shall remain consistent with this pattern of development. The redevelopment of former commercial sites is a significant objective through context sensitive architectural designs and features common to the area.

A.

MCN-LDR, Mid-20th Century Neighborhood - Low-Density Residential Zone District. The MCN-LDR District is intended to protect the established development pattern, consisting predominantly of low-density residential development characterized by single-family detached houses on individual lots with garages located to the side or rear of the main building. New development and building renovation shall be compatible with the valued characteristics of the existing built environment. To that end, a coordinated variety in design is encouraged. The repeated use of identical façade designs shall be avoided.

B.

MCN-MDR, Mid-20th Century Neighborhood - Mixed-Density Residential District. The MCN-MDR District is intended to provide a variety of housing choices in a spatially diverse manner. The established development pattern, consisting predominantly of low-density residential development characterized by two-family dwellings and small multiple family buildings, shall act as a transition between lower density residential development and non-residential uses. Context-sensitive architectural designs and features common to the area shall be used in the redevelopment of former commercial sites.

A.

MON-LDR, Modern Era Neighborhood - Low-Density Residential Zone District. The MON-LDR District is intended to reflect the low-density development pattern of single-family detached houses on large lots. The repeated use of identical façade designs shall be avoided. The preservation of natural features such as wetlands, woods and steep slopes are important components and shall be included in development plans for a site.

B.

MON-MDR, Modern Era Neighborhood - Mixed-Density Residential Zone District. The MON-MDR District is intended to permit the moderate- to high-density single-use development pattern that presently exists; however, it strongly encourages the redevelopment of these properties into a mixed-density format where a variety of housing densities and styles are provided. The preservation of natural features such as wetlands, woods and steep slopes are important components and shall be included in development plans for a site.

A.

Land Uses. Uses are allowed in residential Zone Districts in accordance with Table 5.5.05.B. Uses: Residential Zone Districts. Article 16 Definitions shall be referred to for clarity on the uses as listed. The following key is to be used in conjunction with the Use Table.

1.

Permitted Uses. Uses permitted by right in the Zone District, subject to compliance with all other applicable requirements of this Chapter. These uses are identified with a "P."

2.

Qualified Review. Uses which may be allowed subject to Director Review unless public hearing before the Planning Commission is requested in accordance with Section 5.12.16., and all other applicable requirements of this Chapter. These uses are identified with a "QR."

3.

Special Land Uses. Uses which may be allowed subject to review and approval by the Planning Commission in accordance with Section 5.12.09., and all other applicable requirements of this Chapter. These uses are identified with an "S."

4.

Existing Uses. Uses that were in existence prior to November 5, 2007 may continue to exist as nonconforming uses. These uses are identified with an "E." See Section 5.3.05.F.

5.

Uses Not Allowed. Uses are prohibited in that Zone District. These uses are identified with an "X".

6.

Use Regulations. Certain allowed uses, whether Permitted Uses or Special Land Uses, are subject to compliance with Article 9 or other provisions of this Chapter or other City Code. These uses are identified under "Use or Other Regulations." A cell marked with "—" under this heading indicates that there are no additional use requirements. However, there may be other applicable regulations in this Chapter or other City Code for the uses listed that are not noted in the Use Table.

7.

Unlisted Uses. Uses not listed in the Table 5.6.06.B. are also prohibited unless the Director determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use in accordance with Section 5.4.04.

8.

Site Development. Vehicle and bicycle parking requirements and pedestrian circulation requirements are in Article 10 Transportation and Mobility. Landscaping requirements are in Article 11 Landscaping and Green Infrastructure. Sign requirements are in Article 15 Signs.

B.

Allowed Uses Table.

C.

Attached Single-Family Residential Use. For development of Attached Single-Family dwellings on a single lot.

1.

Permitted Use within LDR zone districts where the following conditions apply:

a.

Where four (4) or fewer units are constructed in a row on a vacant lot and no demolition is required; and

b.

The parcel is located within five hundred (500) linear feet of a TBA, TOD, TCC or C Zone District, as measured from the closest point of the parcels along the public right-of-way.

2.

Special Land Use within LDR zone districts where the following conditions apply:

a.

Where demolition of an existing structure is required; or

b.

More than five (5) units are constructed in a row.

D.

Two-Family Residential Use. A two-family residential dwelling is a Permitted Use within LDR zone districts when located on a corner lot.

E.

Multiple-Family Residential Use. A multiple-family residential development of six (6) or fewer units is a permitted use on Link Residential and Network Residential Streets in the TN-LDR Zone District.

(Ord. No. 2017-56, §§ 1—3, 10-24-17; Ord. No. 2018-39, §§ 1, 2, 7-10-18; Ord. No. 2018-44, § 1, 7-24-18; Ord. No. 2018-69, § 3, 12-18-18; Ord. No. 2019-09, § 3, 3-26-19; Ord. No. 2019-11, § 1, 3-26-19; Ord. No. 2020-13, § 2, 4-28-20; Ord. No. 2024-20, §§ 1—4, 4-23-24)

A.

Site Layout and Building Placement Table. All development in Residential Zone Districts must comply with the requirements in Table 5.5.06.A. unless otherwise expressly stated, or unless a different requirement is contained in an applicable Overlay District. Lot area and lot width requirements listed in Table 5.5.06.A. shall be used where there is not an established lot size.

B.

Lot Area.

1.

The minimum lot area requirement may not permit allowed densities on every lot. Other factors, such as off-street parking, height limits, dwelling unit sizes and lot configuration may limit the built density.

2.

Lot Areas Not Established. On blocks where lot areas are not established, Table 5.5.06.A. Site Layout and Building Placement shall apply.

3.

Established Lot Areas. On blocks where lot areas are established, the following shall apply:

a.

Detached Single Family Dwellings.

i.

For detached single-family dwellings on interior lots, the lot area shall be at least the median lot area of interior single-family lots on the same block and for the purposes of this calculation, the same block is defined as both block faces, in the same Zone District, not to exceed five (5) lots on each side of the subject parcel and five (5) lots directly across the street on which there is at least one (1) conforming main structure.

ii.

For detached single-family dwellings on corner lots, the minimum lot area in Table 5.5.06.A. shall apply.

b.

Two Family Dwellings.

i.

For two-family dwellings on interior lots, the minimum lot area shall be thirty (30) percent larger than the median lot area of single-family lots on the same block. For the purposes of this calculation, the same block is defined as both block faces, in the same Zone District, not to exceed five (5) lots on each side of the subject parcel and five (5) lots directly across the street.

ii.

For two-family dwellings on corner lots, the minimum lot area may be equal to the median lot area of a single-family lot on the same block and is not eligible for any lot area reductions as provided in Section 5.5.06.B.3.b.iii and 5.5.06.B.3.b.iv.

iii.

Reduction (up to one [1]). The minimum lot area may be reduced by an additional ten (10) percent beyond that required in b.i. above where all of the following conditions apply:

1.

Both units are priced at or below thirty (30) percent of the area median household income (as determined by the American Community Survey of the U.S. Census Bureau), as adjusted for family size, for the census tract in which the development is located, with affordability maintained for at least fifteen (15) years.

2.

The units are comparable in size, amenities and location with other similar units in the same block.

3.

The property owner agrees to the submission of annual reports to the City regarding certification of eligible tenants and purchasers, annual certification of rental property and monitoring of affordable rental housing requirements.

iv.

Reduction (up to two [2]). The minimum lot area may be reduced by an additional ten (10) percent for each dwelling unit that is designed and constructed to meet the Type B Unit accessibility requirements of the ANSI A117.1. standard.

v.

Reductions may be combined for a cumulative reduction of up to thirty (30) percent.

4.

Multiple Family Developments and Group Living. The minimum lot area in Table 5.5.06.A. shall apply to multiple-family developments and group living, except for adult foster care family homes, which shall comply with the requirements for detached single family dwellings.

C.

Lot Width.

1.

Lot Widths Not Established. On blocks where lot widths are not established, Table 5.5.06.A. Site Layout and Building Placement shall apply.

2.

Established Areas. On blocks where lot widths are established, the following shall apply.

a.

Detached Single-Family Dwellings.

i.

For detached single-family dwellings on interior lots, the lot width shall be at least the median lot width of interior single-family lots on the same block. For the purposes of this calculation, the same block is defined as both block faces, and in the same Zone District, not to exceed five (5) lots on each side of the subject parcel and five (5) lots directly across the street.

ii.

For detached single-family dwellings on corner lots, the minimum lot width in Table 5.5.06.A. shall apply.

b.

Two-Family Dwellings.

i.

For two-family dwellings on interior lots, the minimum lot width shall be thirty (30) percent larger than the median lot width of single-family lots on the same block. For the purposes of this calculation, the same block is defined as both block faces, in the same Zone District, not to exceed five (5) lots on each side of the subject parcel and five (5) lots directly across the street. In no case shall the lot width be less than the minimum established in Table 5.5.06.A. except as provided in Sections 5.5.06.B.3.b.iii.

ii.

For two-family dwellings on corner lots, the minimum lot width may be equal to the median lot width of a single-family lot on the same block and is not eligible for any lot width reductions as provided in sections 5.5.06.C.2.b.iii and 5.5.06.C.2.b.iv.

iii.

Reduction (up to one [1]). The minimum lot width may be reduced by an additional ten (10) percent beyond that required in b.i. above where all of the following conditions apply:

(a)

Both units are priced at or below thirty (30) percent of the area median household income (as determined by the American Community Survey of the U.S. Census Bureau), as adjusted for family size, for the census tract in which the development is located, with affordability maintained for at least fifteen (15) years.

(b)

The units are comparable in size, amenities and location with other similar units in the same block.

(c)

The property owner agrees to the submission of annual reports to the City regarding certification of eligible tenants and purchasers, annual certification of rental property and monitoring of affordable rental housing requirements.

iv.

Reduction (up to two [2]). The minimum lot width may be reduced by an additional ten (10) percent for each dwelling unit that is designed and constructed to meet the Type B Unit accessibility requirements of the ANSI A117.1. standard.

v.

Reductions may be combined for a cumulative reduction of up to thirty (30) percent.

c.

Multiple Family and Group Living. The minimum lot width in Table 5.5.06.A. shall apply except for adult foster care family homes which shall comply with the regulations applicable to detached single family dwellings.

d.

Administrative Departure. An Administrative Departure of two (2) feet may be approved. In no case shall the lot width be smaller than the minimum established in Table 5.5.06.A.

D.

Front Setbacks and Required Building Line (RBL).

1.

Front Setbacks Not Established - TN Traditional Neighborhood and MCN Mid-20th Century Neighborhoods. On blocks where the front setback or RBL is not established, the RBL in Table 5.5.06.A. Site Layout and Building Placement shall apply.

2.

Established Areas. On blocks where the front setback or building line is established, the following shall apply:

a.

For all residential dwellings on all lots, the Required Building Line (RBL) shall be equal to, or the median of, the front setbacks of existing main buildings on the same block. For the purposes of this calculation, the same block is defined as both block faces, in same Zone District, not to exceed five (5) lots on each side of the subject parcel and five (5) lots directly across the street. In no case shall the RBL be less than the minimum established in Table 5.5.06.A.

b.

Where an established RBL is not present, the minimum setback defined in Table 5.5.06.A. shall apply.

c.

An Administrative Departure up to ten (10) feet of the established RBL may be permitted to accommodate individual site conditions, such as mature trees, topography, or other similar physical condition or where the setbacks of existing buildings on the subject block are inconsistent. The Required Building Line may be determined by referencing the front setbacks of the adjacent properties.

E.

Side Yard Setback.

1.

Side Yard Setbacks. Table 5.5.06.A. Site Layout and Building Placement shall apply to side yard setbacks.

2.

Side Yard Setbacks Between Districts.

a.

Residential. In no case shall side yard setbacks be less than five (5) feet on each lot between two (2) residential Zone Districts or uses, unless specified otherwise.

b.

Residential and Non-Residential. A minimum distance of ten (10) feet shall be maintained on each lot between residential and non-residential Zone Districts or uses.

3.

Exceptions for Attached Single-Family Dwellings. Exceptions to the side yard requirements for attached single-family dwellings are provided in Section 5.9.06.

4.

Corner Lots. Corner lots shall have two (2) front yards, two (2) side yards, and no rear yard.

5.

Administrative Departure. An Administrative Departure up to two (2) feet in a side yard setback may be permitted to accommodate individual site conditions, such as healthy mature trees, topography, or other similar physical condition.

F.

Rear Yard Setback.

1.

Rear Yard Setbacks. Table 5.5.06.A. Site Layout and Building Placement shall apply to rear yard setbacks.

2.

Administrative Departure. An Administrative Departure up to five (5) feet in a rear yard setback may be permitted to accommodate individual site conditions, such as mature trees, topography, or other similar physical condition.

G.

Building Façade Along Required Building Line. The building façade along the RBL shall meet the requirements of Table 5.5.06.A.

H.

Minimum Required Greenspace at Grade.

1.

Purpose. The minimum greenspace requirements are designed to ensure a sufficient amount of area of greenspace for recreation and nature, as well as to provide pervious surface to assist in stormwater management.

2.

Applicability. The minimum required greenspace, as defined by Article 16, shall apply to each lot in its entirety, including driveways.

3.

Stormwater Credit. No more than twenty-five (25) percent of pervious surfaces, such as grass pavers, uncovered decks, brick pavers with a sand base, pervious concrete and asphalt, may be applied toward the greenspace requirements of this Section.

4.

Front Yards. Front yards shall consist of greenspace, and impervious surfaces shall be limited to driveways and private sidewalks.

5.

Multiple-Family Exception. A reduction of not more than twenty-five (25) percent of the required greenspace listed in Table 5.5.06.A. for a multiple-family property is permitted for development projects with the submission of a stormwater mitigation plan that retains one hundred (100) percent of all stormwater on site, as approved by the City's Environmental Protection Services Department (EPSD); and submittal of a LEED checklist and proof of registration that demonstrates the intent to apply for LEED building certification, or other generally recognized sustainable building certification.

6.

Multiple-Family Administrative Departure. An Administrative Departure for a multiple-family property may be approved to permit permanent planters, vegetated walls and green roofs that are readily accessible and safe for residential occupants to be included in greenspace calculations. These items shall be measured in square feet of surface area.

I.

Residential Bonuses.

1.

Purpose. The Master Plan calls for a range of housing types and price points within neighborhoods to accommodate all residents regardless of income, special need or place in life cycle. Developments can receive bonuses as outlined in this Section by providing additional accessibility and housing that is affordable to a wide range of residents.

2.

Housing Bonuses. Bonuses are available for two-family and multiple family developments in accordance with the provisions of Table 5.5.06.I.2.

3.

Accessible Housing. Bonuses are available for two-family and multiple family developments when units are designed and constructed to meet the ANSI A117.1 standards for Type B accessible units when the following conditions are met.

a.

Two-Family Developments. The minimum lot area for two-family residential developments may be reduced where the conditions of Section 5.5.06.B.3.b.iii. are met.

b.

Multiple-Family Developments. The minimum lot area for a multiple family development may be reduced by up to five hundred (500) square feet per dwelling unit when at least twenty-five (25) percent of the units are accessible.

4.

Affordable Housing Bonuses. Density bonuses are available for Multiple-Family developments in accordance with the provisions of Table 5.5.06.I.2.

a.

The minimum lot area per dwelling unit may be reduced by up to five-hundred (500) square feet per dwelling unit where at least twenty (20) percent of the total number of dwelling units are priced between sixty (60) percent and seventy-nine (79) percent of Area Median Income, as adjusted for family size, with rates remaining affordable for at least thirty (30) years.

b.

The minimum lot area per dwelling unit may be reduced by up to one thousand (1,000) square feet per dwelling unit where at least twenty (20) percent of the total number of dwelling units are priced at or below thirty (30) percent of Area Median Income, as adjusted for family size, with rates remaining affordable for at least thirty (30) years.

c.

The Affordable Housing Bonus, as permitted in subsections a and b above, are available only when the following conditions are met:

i.

The affordable units shall be comparable in unit sizes, amenities and location with the market rate units.

ii.

The property owner agrees to the submission of annual reports to the City regarding certification of eligible tenants and purchasers, annual certification of rental property and monitoring of affordable rental housing requirements.

iii.

That the property owner agrees in a writing and recorded with the Kent County Register of Deeds and in a form approved by the City Attorney, that continual compliance with all conditions contained herein are necessary to maintain compliance with this Chapter. A violation of any condition is a violation of the Zoning Ordinance and is a nuisance per se for which the City of Grand Rapids may in addition to other remedies, institute any court or enforcement action provided for by law, including but not limited to, seeking injunctive relief or abatement after a notice and hearing before the Board of Zoning Appeals.

5.

Mixed-Income Housing. Bonuses are available in accordance with the provisions of Table 5.5.06.I.2. when the following conditions are met.

a.

Two-Family Developments. The minimum lot area for two-family residential developments may be reduced where the conditions of Section 5.5.06.B.3.b.iii. and b.iv are met.

b.

Multiple-Family Developments. The minimum lot area for a multiple family development may be reduced by up to five hundred (500) square feet per dwelling unit for a project that satisfies the following criteria:

i.

Project is located within three hundred (300) feet of a transit line;

ii.

At least twenty (20) dwelling units are developed as part of the project;

iii.

If rental units, not less than fifteen (15) percent nor more than thirty (30) percent of the total number of units are priced for households at or below sixty (60) percent of Area Median Income, as adjusted for family size, with rental charges remaining affordable for at least fifteen (15) years.

iv.

If owner units, not less than fifteen (15) percent nor more than thirty (30) percent of the total number of units are priced for households at or below eighty (80) percent of Area Median Income, as adjusted for family size.

v.

The remaining units are priced at market rate.

vi.

The affordable units shall be comparable in unit sizes, amenities and location with the market rate units.

vii.

The property owner agrees to the submission of annual reports to the City regarding certification of eligible tenants and purchasers, annual certification of rental property and monitoring of affordable rental housing requirements.

(Ord. No. 2018-69, §§ 4, 5, 12-18-18; Ord. No. 2019-09, § 4, 3-26-19; Ord. No. 2019-10, § 1, 3-26-19; Ord. No. 2024-20, §§ 5—9, 4-23-24)

A.

Building Elements Table. All development in the Residential Zone Districts shall comply with the requirements in Table 5.5.07.A. Building Elements unless otherwise expressly stated, or unless a different requirement is contained in an applicable Overlay District.

B.

Building Height.

1.

See Section 5.2.06. Building Height for additional information and exceptions.

In keeping with the character of the TN Neighborhood Classification the entire height of the first floor or ground floor shall be at or above grade.

2.

Residential building heights may be increased from the requirements of Table 5.5.07.A. by Special Land Use approval. The Planning Commission shall take into consideration the neighborhood context, scale, massing and compatibility of the proposed structure in making its decision.

C.

Materials.

1.

Permitted Materials.

a.

Durable building materials, simple configurations and solid craftsmanship are required.

b.

Walls visible from public streets, exclusive of wall areas devoted to meeting transparency requirements, shall be constructed of: high quality, durable materials, including: brick; fiber cement siding, high-quality finished metal; wood lap, aluminum or vinyl siding; and split-faced block, stucco or stone.

c.

EIFS is permitted for accents only.

d.

To provide visual depth and strong shadow lines, clapboard siding must have a minimum butt thickness of a quarter (¼) of an inch.

2.

Where more than one (1) façade material is proposed vertically, the 'heavier' material in appearance shall be incorporated below the 'lighter' material (e.g. masonry below siding).

3.

Roofing Materials.

a.

Roofing materials shall be those used and installed in a manner customary for residential construction, shall be compatible in character and scale with the residential structure on which it is being installed, shall be installed according to the manufacturer's specifications, shall have no visible fasteners, and shall be uniform in type and appearance within each uninterrupted roof plane.

b.

Acceptable roof materials include three hundred (300) pound or better, dimensional asphalt composite shingles, wood shingles and shakes, metal tiles or standing seam, slate, and ceramic tile. The approving authority may permit "engineered" wood or slate with an approved sample and examples of successful, high quality local installations.

c.

Corrugated roofing materials are not permitted.

4.

Repairs and replacements shall be completed with materials similar in color and appearance to the existing materials.

5.

Orientation. Building materials in TN Zone Districts shall have a traditional, horizontal orientation.

6.

Administrative Departure. Other materials of equivalent or better quality, including high quality synthetic materials, may be approved, if determined appropriate for the building, site, and area with an approved sample and examples of successful, high quality local installations.

D.

Façade Variation. The following requirements shall apply to multiple-family dwellings and non-residential buildings in Zone Districts within TN and MCN Neighborhood Classifications.

1.

Uninterrupted Façade. The maximum linear length of an uninterrupted building façade facing a public street and/or park shall be thirty (30) feet. Building wall offsets (projections and recesses), cornices, plinths, quoins, varying building materials or pilasters shall be used to break up the mass of a single building.

2.

Vents, air conditioners and other utility elements shall not be part of any street-facing building façade. Where these elements are part of other façades, particular care must be taken to render these elements less visible to public view through architectural integration or other means of screening.

3.

Administrative Departures. Administrative Departures may be granted for:

a.

A reduction of up to five (5) feet of the thirty (30) foot requirement may be approved, depending on actual building design, entrance placement, and other factors that make the requirement impractical.

b.

Other methods to provide adequate articulation, provided that the visual effect of articulation is maintained. Examples of acceptable variations may include architectural or artistic details or features, a variation in color or materials and enhanced ornamentation around building entranceways.

c.

Locations of vents, air conditioners, and other utility elements where physical conditions of the site dictate a location on the street-facing façade.

E.

Entrances.

1.

Orientation.

a.

Interior Lots. For interior lots, the primary building entrance shall be located in the front façade parallel to the street or urban open space.

b.

Corner Lots. For corner lots, the primary entrance shall face the street from which the structure derives its street address. However, two-family dwellings shall have a separate primary entrance per dwelling unit, with only one primary entrance per street.

c.

Administrative Departure. Alternative orientations may be considered where consistent with existing adjacent development or practical considerations based on existing structure layout.

2.

Primary Entrances. Primary entrances for all residential structures shall be clearly defined by at least one (1) of the following:

a.

A projecting or recessed entrance. A recessed entrance is required if the entrance is within five (5) feet of the lot line; the entrance recess shall not be less than the width of the door(s) when opened outward.

b.

Stoop or enclosed or covered porch, provided that an enclosed porch shall comply with required setbacks, except as provided in E.3. below.

c.

Transom and/or side light window panels framing the door opening.

d.

Architectural trim framing the door opening.

e.

Administrative Departure. Other methods, such as unique color treatments, additional moldings with expression lines, or bays of unique width, may be approved with an Administrative Departure provided the same effect is achieved.

3.

TN Neighborhood Classification - Porches and Stoops. In addition to the above, residential dwellings located in Zone Districts within the TN Neighborhood Classification shall be subject to Section 5.2.07.F. and the following requirements:

a.

The primary entrance facing the street shall include a stoop or a front porch.

b.

Projections into RBLs and Front Yards.

i.

For lots with an RBL, a stoop may be built up to six (6) feet (not including steps) forward of the RBL, and shall be at least three (3) feet wide. An unenclosed front porch may be built up to six (6) feet (not including steps) forward of the RBL.

ii.

For lots with a setback, an unenclosed porch or stoop (not including steps) may project into the front yard by no more than ten (10) feet, but shall be no closer than five (5) feet to the front sidewalk.

c.

Porches, not including steps, shall be at least six (6) feet deep to provide for usable seating and circulation, and be at least one-third (⅓) the width of the front façade of the residential structure (not including the garage), but in no case shall be less than eight (8) feet wide.

d.

Building materials shall be compatible with the main building.

e.

Porch fixtures such as columns, pillars, posts and railings shall be coated with stain or paint if materials made of wood are used.

f.

Administrative Departures may be granted for the following.

i.

A decrease in the required porch projection up to two (2) feet if, due to required building setbacks, the required projection cannot be satisfied.

ii.

Porch or entrance enclosures may be permitted where individual site conditions dictate the need for enclosure or where the enclosure and its placement is consistent with others on the same block face, for the same use and in the same Zone District. In all cases, at least eighty (80) percent transparency shall be maintained.

iii.

Entrances to dwellings to accommodate persons with mobility impairments.

4.

Non-Residential Structures. Non-residential structures in Residential Zone Districts shall comply with the requirements of Section 5.6.08.F. for entrances.

F.

Transparency.

1.

General Requirements. The General Provision requirements of Section 5.2.14. Building Transparency shall apply.

2.

Residential Buildings. Residential buildings shall have windows on all exterior walls of the structure. The size and placement of windows on the façade shall be generally uniform.

a.

TN Residential Dwellings. For all residential dwellings in Zone Districts within the TN Neighborhood Classification, at least twenty (20) percent of the area of the front façade shall consist of windows or primary entrance doors which permit a view from the dwelling to the street.

b.

MCN and MON Residential Dwellings. For all residential dwellings in Zone Districts within MCN and MON Neighborhood Classifications, at least fifteen (15) percent of the area of the front façade shall consist of windows or primary entrance doors which permit a view from the dwelling to the street.

c.

Single-Family Detached and Attached Dwellings (e.g. row houses and townhouses).

i.

At least three (3) windows with a minimum of six (6) square feet each are required on the building's side walls (those adjoining the front façade).

ii.

Administrative Departure. An Administrative Departure may be granted for side wall transparency for single-story dwellings where it is determined that the requirement cannot be met due to the interior design of the dwelling.

d.

Two-Family and Multiple-Family Dwellings. For two-family dwellings and multiple-family dwellings, at least ten (10) percent of the area of the building's side walls (those adjoining the front façade) shall consist of windows.

3.

Non-Residential Buildings.

a.

For non-residential building façades facing public streets, parks and through block walkways, at least forty (40) percent of the façade area shall consist of window and door openings.

b.

In the TN and MCN Neighborhood Classifications, at least twenty (20) percent of the area of a building's side walls (those adjoining the front façade) must consist of windows.

c.

In the MON Neighborhood Classification, at least ten (10) percent of the area of a building's side walls (those adjoining the front façade) must consist of windows.

G.

Transitional Features.

1.

Purpose. Transitional features are architectural elements, site features and alterations to building massing that are used to provide a transition between higher intensity uses and low- or moderate-density residential uses. These features assist in mitigating potential conflicts between those uses in lieu of conventional landscape buffers or large setbacks. It is the intent of these standards to:

a.

Reduce land consumption;

b.

Create a compatible mixed-use environment;

c.

Limit interruptions in vehicular and pedestrian connections created by efforts to segregate densities and uses; and

d.

Establish or maintain vibrant pedestrian- and transit-oriented areas where differing uses and densities can operate in close proximity to one another.

2.

Applicability. Transitional features shall be required in the following circumstances.

a.

Where buildings or structures would be one (1) or more stories higher than adjacent residential buildings or structures.

b.

Where non-residential uses are situated adjacent to residential buildings or structures.

c.

Where higher-intensity land uses that would adversely affect the livability of an area.

d.

As a condition of any zoning approval required by Article 12 when necessary to ensure that the appropriate review standards are satisfied.

3.

Transitional Features. The following transitional features may be required either singly or in combination.

a.

Landscape Buffer. The Director or approving body for a required zoning approval, as applicable, may require the use of a landscape buffer (Section 5.11.12.) in lieu of, or in addition to, a transitional feature where such landscape buffer would be sufficient to reduce potentially adverse impacts between incompatible uses, densities or different building types.

b.

Uses. A continuum of use intensity, where moderate intensity uses are sited between high-intensity uses and low-intensity uses, may be required for multi-building developments on one (1) or more lots. An example would be a duplex between a single-family home and an apartment building.

c.

Height and Massing. Building height and massing shall be reduced in the form of building step-backs, recess lines or other techniques so that large structures are compatible in scale with smaller, adjacent structures.

d.

Architectural Features. Similarly sized and patterned architectural features such as windows, doors, arcades, pilasters, cornices, wall offsets, building materials, and other building articulations included on the lower-intensity use shall be incorporated as transitional features.

4.

Parking and Loading. Where possible, off-street parking, loading, service and utility areas shall be located away from a lower-intensity use.

(Ord. No. 2018-62, § 1, 10-23-18; Ord. No. 2019-09, § 5, 3-26-19)

A.

Mixed-Use Commercial Districts are intended to accommodate commercial and high-density residential uses that are compatible with the character of existing neighborhoods as defined through the Development Character of the Master Plan. The preservation and reuse of existing buildings, construction of new buildings on underutilized sites and the continuation of a compact development pattern as reflected in the Master Plan are key objectives for these Zone Districts.

B.

There are three types of Mixed-Use Commercial Districts: City Center, Linear and Core.

1.

City Center. City Center acknowledges downtown Grand Rapids as the business and cultural heart of the metropolitan region. A dense development pattern focused on the close proximity of services, a diversity of uses and dynamic building styles characterize this Zone District. The compatibility of more intense development with surrounding neighborhoods is emphasized through the use of a transitional Zone District.

2.

Linear Commercial Areas. Linear commercial areas may pass through multiple Neighborhood Classifications and front on a Major Street, as defined by the City of Grand Rapids Street Classification Policy. The scale of new development and the transportation orientation of these Zone Districts are important factors in establishing the use and building element requirements of this Article.

3.

Core Commercial Areas. Core commercial areas are primarily focused around particular intersections, with defined edges that abut less intense uses. Transit-Oriented Development Zone Districts are focused on creating viable areas for transit and transit stations. The scale and intensity of those core areas, however, varies depending upon the Neighborhood Classification, the available land area, proximity of established residential neighborhoods and street capacity. Rezoning requests to a Transit-Oriented Development require the installation of a qualifying transit station, as described in Section 5.6.08.B.2.c.

C.

Placemaking.

1.

Placemaking is the practice of creating conditions where people can live, socialize, play, and shop in well-designed, comfortable places. Important placemaking elements in each of the Zone Districts are provided to inform zoning requirements and guide development decisions to achieve specific placemaking objectives. These elements are intended to work in concert to ensure the creation of attractive and affordable residential areas, protect existing neighborhood and historic character and resources, allow an appropriate mix of uses that improves economic vitality, and improve the health and well-being of Grand Rapids' residents.

2.

To promote placemaking buildings and places should have a range of high-quality residential, commercial, mixed-use and civic architectural styles to reinforce the unique identities of each part Neighborhood and Zone District. In general, buildings should contribute to placemaking by:

a.

Being easily convertible spaces that allow for uses to change over time;

b.

Having residential uses with a variety of housing types, sizes, and price levels;

c.

Creating the potential for a broad mix of shops, offices, and housing integrated within and among a variety of building types; and

d.

Ensuring that architecture reflects the City's commitment to high quality and enduring character.

(Ord. No. 2024-40, § 1, 9-24-24)

A.

TN-CC, Traditional Neighborhood—City Center Zone District (City Center).

1.

The intent of this District is to maintain and enhance the vitality of downtown, reinforce its intense development pattern, provide compatible services near one another, allow diverse uses, and keep older, often historic, buildings in viable use. The compact development pattern of downtown establishes a pedestrian-oriented and transit-friendly environment. The City Center Zone District stresses pedestrian circulation, urban and civic design, protection of natural features, and encourages the reuse of existing buildings.

2.

Placemaking Elements.

a.

Attractive, affordable residential areas that contribute to the achieving a critical mass of commercial services, workplaces within walking distance, and reduced reliance on private vehicle travel.

b.

Interesting and fun places to eat and socialize with a mixture of ages, social peers, co-workers, and families.

c.

Well placed, functional, attractive, and sustainable open spaces, including outdoor cafes, seating areas, and public and private art installations, and other elements to create areas of recreation, rest, and refuge.

d.

Improved mobility options downtown, and to reduce the need for on-site parking by encouraging alternative means of transportation, including use of mass transit, bicycle use and other traffic demand management options through the creation of appropriate density of development.

e.

A comfortable and safe walking environment, with a high degree of transparency along pedestrian pathways that connect areas of interest.

f.

Targeted Commercial Corridors to promote a concentration of retail and entertainment uses that will provide a more consistent shopping experience and enhance the ability of these uses to be financially successful.

g.

Other elements related to the downtown that create healthy, attractive, safe, and fun areas that will attract new visitors, residents, and shoppers to the downtown.

B.

TN-TCC, Traditional Neighborhood—Transitional City Center Zone District (City Center).

1.

The Transitional City Center (TCC) District is the buffer district between the dense City Center Zone District and surrounding near-downtown neighborhoods. This District provides a transition in the intensity of the downtown development pattern for adjacent areas, however, it allows for more development than would ordinarily be allowed in general neighborhood commercial locations.

2.

Placemaking Elements.

a.

Sensitivity in the redevelopment of these structures and in new development is necessary to reinforce the unique physical characteristics of downtown and surrounding neighborhoods, ensure compatibility with adjacent land uses and structures, and maintain neighborhood stability.

b.

The presence of older, often historic, large warehouse buildings in these transition areas requires dense development to ensure proper reuse of these structures.

c.

Development and redevelopment in this Zone District combines these elements to create and maintain a compact, transit-friendly, walkable, mixed-use environment.

d.

Targeted Commercial Corridors promote a concentration of retail and entertainment uses that will provide a more consistent shopping experience and enhance the ability of these uses to be financially successful.

C.

TN-TBA, Traditional Neighborhood—Traditional Business Area Zone District (Linear).

1.

The TN-TBA Zone District is designed to reinforce a pedestrian and transit friendly environment in a compact area characterized by a mix of uses. New development on primary and secondary street frontages shall be compatible in use and scale with surrounding, existing uses and structures.

2.

Placemaking Elements.

a.

A mix of small-scale retail, service, entertainment, civic, office and residential uses in appropriate locations are encouraged to enhance the vitality of the areas.

b.

Retail service uses should be properly located to create a complementary concentration of uses, rather than a series of scattered uses throughout the Linear development character areas. These core areas should be linked by residential, civic, and institutional uses that also complement neighborhood character.

c.

High quality architectural design and materials are important components of all structures to reinforce existing neighborhood character.

d.

Small lot sizes, storefront windows, observable building entrances, structures that abut the sidewalk and on-street or hidden off-street parking all contribute towards the establishment of a pedestrian-oriented environment.

e.

Buildings should have enough developable density to allow for the planned mix of uses, including enough residential and non-retail uses on upper floors to ensure a successful, economically sustainable project.

f.

While some suburban style development, such as auto-oriented uses, may be developed, they should not be so predominant that a suburban, strip development character is allowed.

3.

The recommendations for Traditional Business Area in a Pre-World War II Neighborhood Context, Chapter 10, Section 10.4. of the Master Plan applies to these areas.

D.

TN-TOD, Traditional Neighborhood—Transit-Oriented Development Zone District (Core).

1.

The intent of the TN-TOD District is to preserve and create, compact, walkable, transit-oriented, mixed-use centers in existing commercial areas by encouraging the clustering of ground floor retail uses as a shopping destination and focus of neighborhood activity.

2.

Transit-Oriented Development Zone Districts shall be located on a transit route and may contain public spaces for shared activities. Building height, density and parking incentives are provided to encourage transit ridership.

3.

Placemaking Elements.

a.

Appropriate densities of development are important to ensure sustained, well-used transit service.

b.

Street-level retail and services, with upper-story residential and office use is desired.

c.

Parking shall be provided both on-street and in screened, off-street business district lots.

d.

Uses are compatible and in scale with surrounding, existing uses and structures located at the edge of the Zone District, particularly residential uses.

e.

High quality architectural design and materials are important components of all structures to support a sense of place.

A.

MCN-C, Mid-20th Century Neighborhood—Commercial Zone District (Linear).

1.

The MCN-C Zone District is intended to accommodate vehicles at an appropriate level, while still emphasizing the importance of pedestrians and public transportation in the built environment.

2.

Placemaking Elements.

a.

Small and medium-scale businesses, service and commercial uses that serve the immediate neighborhood and surrounding area are desired.

b.

Mixed-use commercial areas that include a residential component are encouraged, including the redevelopment of older commercial sites for moderate to high-density residential uses.

c.

Moderate lot sizes and setbacks, building orientation to the street, and transparency along pedestrian pathways are important characteristics of this Zone District.

d.

New development on primary and secondary street frontages should be compatible in use and scale with surrounding, existing uses and structures.

B.

MCN-TOD, Mid-20th Century Neighborhood—Transit-Oriented Development Zone District (Core).

1.

The MCN-TOD Zone District is intended to allow uses and densities that are more intense than that permitted in the TN-TOD Zone District. The reconfiguration of existing shopping centers into mixed-use developments that are pedestrian and transit friendly, and which still reasonably accommodate vehicles, is desired.

2.

Placemaking Elements.

a.

Building height, density and parking incentives are provided to encourage transit-oriented development and increased transit ridership.

b.

Larger lot sizes, available parking and parcels generally under single ownership provide for an assortment of redevelopment opportunities for commercial, office and residential uses.

c.

Individual store footprints are limited in size to ensure a diversity of shops and to maintain a pedestrian-scale environment.

d.

New residential development above storefronts and/or provided as a buffer to existing residential uses is desired.

e.

Edge areas in the Zone District shall be sensitive to surrounding neighborhoods to limit adverse effects.

A.

MON-C, Modern Era Neighborhood—Commercial Zone District (Linear).

1.

The purpose of the MON-C Zone District is to accommodate a broad range of business, service and commercial uses. Development in this District is generally more destination-oriented; with a greater dependence upon vehicles.

2.

Placemaking Elements.

a.

High-intensity business, service and commercial uses take place on larger sites that have primary access to major streets.

b.

Medium and high density residential development is encouraged on underutilized commercial sites, and particularly in areas adjacent to a Transit-Oriented Development Zone District.

c.

Pedestrian and public transportation accommodations shall remain important considerations in site design. However, off-street parking, drive-through and auto-oriented uses are more prominent.

B.

MON-TOD, Modern Era Neighborhood—Transit-Oriented Development Zone District (Core).

1.

The MON-TOD Zone District supports compact sub-regional mixed-use centers that consist of intense, multi-level commercial, office and residential uses on major streets.

2.

Placemaking Elements.

a.

Large parcels, generally under single ownership, provide for an assortment of redevelopment opportunities in commercial strip and shopping center locations.

b.

A Transit-Oriented Development Zone District may be located on a transit route and may contain public spaces for shared activities.

c.

Building height, density and parking incentives are provided to encourage transit ridership.

d.

Individual store footprints are limited in size to ensure a diversity of shops and to maintain a pedestrian-scale environment.

e.

Particular emphasis is placed on pedestrian, bike and transit accommodations; the presence of private vehicles is discouraged.

f.

At important intersections buildings shall anchor and define street corners as well as conceal surface parking lots.

g.

The consolidation of driveways, increased pedestrian connections and additional landscaping to buffer parking areas shall promote a safe and attractive environment.

h.

New residential development above storefronts and/or provided as mid-rise structures integrated into a mixed-use environment are desired.

A.

The NOS, Neighborhood Office Service Zone District is provided as a Zone District in addition to the Mixed-Use Commercial District of this Article. The purpose of the NOS Zone District is to allow for small-scale office and service uses that serve the immediate neighborhood and which, by their nature, have minimal effects upon surrounding land uses and public infrastructure. Accordingly, this District may appear in any of the Neighborhoods provided for in this Chapter.

B.

Placemaking Elements.

1.

This District may be used on major streets to accommodate uses that allow a smoother transition from a more intense commercial area to residential uses. In this regard, they may also be used to buffer the effects of heavier traveled streets from residential areas.

2.

Development style is residential in character and complements the features of nearby structures.

3.

Areas in this Zone District may be relatively compact and used to assist in creating additional land use compatibility through the use of smaller scale buildings.

4.

The NOS District is specifically not intended to be applied as a precursor for commercial development or used to systematically eliminate residential properties.

A.

Land Uses. Uses are allowed in Mixed-Use Commercial Zone Districts in accordance with Table 5.6.06.B. Uses: Mixed-Use Commercial Zone Districts. Article 16 Definitions shall be referred to for clarity on the uses as listed. The following key is to be used in conjunction with the Uses Table.

1.

Permitted Uses. Uses permitted by right in the Zone District, subject to compliance with all other applicable requirements of this Chapter. These uses are identified with a "P."

2.

Special Land Uses. Uses which may be allowed subject to review and approval by the Planning Commission in accordance with Section 5.12.09., and with all other applicable requirements of this Chapter. These uses are identified with an "S."

3.

Existing Uses. Uses that were in existence prior to November 5, 2007 may continue to exist as nonconforming uses but are not permitted to be established as new uses. These uses are identified with an "E." See Section 5.3.05.F.

4.

Uses Not Allowed. Uses are prohibited in that Zone District. These uses are identified with an "X."

5.

Unlisted Uses. Uses not listed in the Table 5.6.06.B. are also prohibited unless the Director determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use in accordance with Section 5.4.04.

6.

Use Regulations. Certain allowed uses, whether Permitted Use or Special Land Use, are subject to compliance with Article 9 or other provisions of this Chapter or other City Code. These uses are identified in the Table 5.6.06.B. under "Use or other Regulations." A cell marked with "-" under this heading indicates that there are no additional use requirements. However, there may be other applicable regulations in this Chapter or other City Code for the uses listed that are not noted in the Use Table.

7.

Exception. "Exceptions" as noted in Table 5.6.06.B. permit non-retail uses within the ground floor of a commercial building if the building was constructed for purposes or uses other than retail sales. For example, a building constructed for offices may be used for ground floor offices or a dance studio.

8.

Outdoor Activities. All uses and activities shall be conducted wholly within an enclosed building, unless otherwise expressly permitted by this Chapter.

9.

Site Development. Vehicles and bicycle parking requirements and pedestrian circulation requirements are in Article 10 Transportation and Mobility. Landscaping requirements are in Article 11 Landscaping and Green Infrastructure. Sign requirements are in Article 15 Signs.

B.

Uses Table.

C.

Targeted Commercial Corridors.

1.

Purpose. One of the traditional key measures of success of a downtown is its ability to provide continuous mixed-use street frontages with retail uses and eating and drinking facilities occupying the ground floor of buildings on streets that have a well-defined and detailed pedestrian realm. Buildings with frontage on a Targeted Commercial Corridor are intended to accommodate a mix of outdoor activities, such as patios, seating areas, pocket plazas and spacious walkways provide an interesting experiences for the downtown visitor, resident, and worker alike.

2.

Affected Streets. In accordance with the recommendations of the GR Forward Downtown & River Action Plan, a "Targeted Commercial Corridor" is established as shown on the Zone Districts Maps. The Targeted Commercial Corridor includes the following streets. However, the Zone District Maps shall be the principal source for the Corridor locations.

a.

Pearl Street, between Division Avenue and Monroe Avenue.

b.

Monroe Center, between Monroe Avenue and Division Avenue.

c.

Ionia Avenue, between Monroe Center and Cherry Street.

d.

South Division Avenue, between Fulton Street and Wealthy Street.

e.

Bridge Street, between Seward Avenue and Turner Avenue.

3.

Use Requirements. Parcels located on affected streets referenced in Section 5.6.06.C.2 shall be subject to the land use regulations applicable to the TN-TBA Zone District.

4.

A minimum of thirty (30) feet of commercial space depth is required for eligible ground floor uses.

D.

For parcels located within the TBA Zone District, a ground floor office use is permitted, unless the use is located within twenty (20) feet of a front lot line abutting a Neighborhood Business or Urban Center Street. Special Land Use approval is required when ground floor office uses are located within twenty (20) feet of a front lot line abutting a Neighborhood Business or Urban Center Street.

(Ord. No. 2017-56, §§ 4, 5, 10-24-17; Ord. No. 2018-32, §§ 3—5, 6-5-18; Ord. No. 2018-39, § 3, 7-10-18; Ord. No. 2018-45, §§ 1—3, 7-24-18; Ord. No. 2018-62, § 2, 10-23-18; Ord. No. 2018-69, § 6, 12-18-18; Ord. No. 2018-70, § 1, 12-18-18; Ord. No. 2019-10, §§ 2, 3,3-26-19; Ord. No. 2019-16, § 1, 4-23-19; Ord. No. 2020-13, §§ 3, 5, 6, 4-28-20; Ord. No. 2020-21, §§ 1—4, 7-7-20; Ord. No. 2021-03, §§ 1—3, 1-26-21; Ord. No. 2022-30, § 3, 8-23-22; Ord. No. 2024-40, §§ 2, 3, 9-24-24)

A.

Site Layout and Building Placement Table. All development in Mixed-Use Commercial Zone Districts shall comply with the requirements in the Table 5.6.07.A. unless otherwise expressly stated, or unless a different requirement is contained in an applicable Overlay District. Lot area and lot width requirements in Table 5.6.07.A. shall be used for any newly created lot. The intent of these requirements is to promote mixed-use development and rehabilitation that:

1.

Encourages the location of new buildings to anchor corners and screen parking at important street intersections;

2.

Meets the intent of the placemaking elements of the Zone District.

3.

Ensures that new buildings relate well to each other, existing buildings and the abutting street;

4.

Maintains or creates a continuous street wall that contributes to the unique character of the Zone District;

5.

Organizes outlot development on larger parcels to improve visual and functional coherence;

6.

Encourages parking to the side and rear of main buildings;

7.

Consolidates driveways on primary streets and encourages vehicular access from secondary streets; and

8.

Provides adequate sidewalk space for pedestrian access and comfort.

B.

Lot Density.

1.

Maximum Density. The minimum lot area requirements may not permit the maximum permitted density. Other factors, such as off-street parking, height limits, and lot configuration may limit the overall density.

2.

Bonus Allowances. Buildings may qualify for a density bonus based upon the Gross Floor Area (GFA) of the development devoted to the features established in Table 5.6.07.B.2. Density Bonus Table.

a.

Mixed-Income Housing Bonus. The minimum lot area per dwelling unit in a multiple family development may be reduced by up to five hundred (500) square feet per unit for development projects that satisfy the criteria below:

i.

The development is located within a half mile of a Bus Rapid Transit (BRT) station or one-quarter of a mile of a transit stop, as measured from the nearest lot line to the right-of-way of the street along which the transit line runs;

ii.

The development includes at least twenty (20) dwelling units;

iii.

Not less than fifteen (15) percent nor more than thirty (30) percent of the total number of rental units are priced for households at or below sixty (60) percent of Area Median Income, as adjusted for family size, with rental charges priced by the same method for at least fifteen (15) years;

iv.

Not less than fifteen (15) percent nor more than thirty (30) percent of the total number of ownership units are priced for households at or below eighty (80) percent of Area Median Income, as adjusted for family size;

v.

The remaining units are priced at market rate;

vi.

The affordable units shall be comparable in unit sizes and amenities to the market rate units and shall be evenly distributed throughout the development;

vii.

Provisions shall be made for the annual certification of eligible tenants and purchasers, certification of rental property and monitoring of affordable housing requirements. A density agreement shall be approved by the City Commission.

b.

Micro-Unit Density Bonus. The minimum lot area per dwelling unit in a multiple family development may be waived when all of the following conditions are met:

i.

The unit has a GFA of no more than four hundred seventy-five (475) square feet;

ii.

The primary entrance of the building containing the unit(s) is located within a half mile of a Bus Rapid Transit (BRT) station or one-quarter of a mile of a transit stop;

iii.

In addition to required vehicle parking per Section 5.10.04.C., two (2) bicycle spaces per unit are provided; and

iv.

The unit shall be subject to the occupancy limitations of the International Property Maintenance Code, as amended.

c.

Affordable Housing Bonus. There are two (2) bonus alternatives available for Multiple-Family developments in accordance with the provisions of Table 5.6.07.B.2.

i.

Alternative 1: The minimum lot area per dwelling unit may be reduced by up to five hundred (500) square feet per dwelling unit where at least twenty (20) percent of the total number of dwelling units are priced between sixty (60) percent and seventy-nine (79) percent of Area Median Income, as adjusted for family size, with rates remaining affordable for at least thirty (30) years.

ii.

Alternative 2: The minimum lot area per dwelling unit may be reduced by up to one thousand (1,000) square feet per dwelling unit where at least twenty (20) percent of the total number of dwelling units are priced at or below thirty (30) percent of Area Median Income, as adjusted for family size, with rates remaining affordable for at least thirty (30) years. Within the TOD and C Zone Districts, this bonus may be used in conjunction with Section 5.6.08.B.2.d. for one (1) additional story.

iii.

The Affordable Housing Bonus, as permitted in subsections i. and ii. above, are available only when the following conditions are met:

(a)

The affordable units shall be comparable in unit sizes, amenities and location with the market rate units.

(b)

The property owner agrees to the submission of annual reports to the City regarding certification of eligible tenants and purchasers, annual certification of rental property and monitoring of affordable rental housing requirements.

(c)

That the property owner agrees in writing and recorded with the Kent County Register of Deeds and in a form approved by the City Attorney, that continual compliance with all conditions contained herein are necessary to maintain compliance with this Chapter. A violation of any condition is a violation of the Zoning Ordinance and is a nuisance per se for which the City of Grand Rapids may in addition to other remedies, institute any court or enforcement action provided for by law, including but not limited to, seeking injunctive relief or abatement after a notice and hearing before the Board of Zoning Appeals.

C.

Required Building Line (RBL). The following RBL requirements shall be used to ensure consistent building placement from public streets, reinforce the purpose of the Neighborhood Classification designations, recognize the appropriate positioning of varying land uses within a Zone District, permit access from the public right-of-way, and provide property owners with the maximum use of a constrained site than would otherwise be possible with a minimum setback requirement. The requirements for RBLs do not apply to the MCN-C, MON-C or NOS Districts.

1.

Established RBL.

a.

The RBL shall be consistent with the established dimension of existing main buildings fronting on the same block and in the same Zone District, except where existing buildings are set back more than twenty (20) feet from the public right-of-way, in which case the provisions of C.3 below shall apply.

b.

As established RBL shall not be used to permit the encroachment into public or private right-of-way.

2.

New Development.

a.

If no uniform RBL has been established, the RBL defined in Table 5.6.07.A. shall be met for all new structures, measured from the back of the street curb without regard to the location of the lot line.

b.

RBL requirements apply only to the first twenty (20) feet of building height. Above twenty (20) feet, buildings may be built out to the front lot line.

c.

Columns shall not be placed in the sidewalk area to support the building above the twenty (20) foot height.

3.

Maximum RBL.

a.

New structures shall be located within three (3) feet of either side of the established minimum uniform RBL.

b.

If no uniform RBL has been established, the building line for all new structures shall be no farther back than ten (10) feet from the RBL.

c.

This provision shall not apply to residential structures, to the residential portion of multi-use structures, nor to any level of the building above the second story.

4.

Exceptions.

a.

Where a lot line abuts three (3) or more streets, the RBL provisions shall apply to only two (2) streets, as determined by the Director. To designate RBLs, the Director may consider all relevant factors and information, including, but not limited to:

i.

The existing or the intended character of existing or proposed streets on which the lot has, or is proposed to have, frontage; and

ii.

The locations of front and corner side property lines on adjacent lots or lots located on the opposite side of the street; and

iii.

Adjacency to the same or similar land uses.

b.

Additions to existing structures and portions of new structures in residential use shall be exempt from the RBL provisions.

5.

Administrative Departures. An Administrative Departure from RBL requirements may be approved to allow:

a.

An adjustment in the established RBL up to ten (10) feet to accommodate individual site conditions, such as healthy mature trees, significant grade change, or other similar physical conditions that make meeting the RBL impractical.

b.

An adjustment in the RBL of up to thirty (30) feet for buildings constructed for the exclusive purpose of ground-floor residential use.

D.

Minimum Front Yard Setback. The minimum front yard setback in Table 5.6.07.A applies in the MCN-C, MON-C and NOS Zone Districts. Buildings and structures in these districts shall be located at or behind the required front setback so long as all other setback requirements are met.

E.

Side Yard Setback.

1.

A landscape buffer, per Section 5.11.12., shall be provided in the side yard when adjacent to a residential use. Landscape buffer requirements may increase the side yard setback.

2.

Side yard setbacks shall be zero or at a setback sufficient to permit building maintenance.

F.

Rear Yard Setback.

1.

Encroachments into the rear yard may be permitted to accommodate parallel parking, waste receptacles, or other similar activities, provided that alleys or other vehicular or pedestrian access ways are not blocked or impeded.

2.

A landscape buffer, per Section 5.11.12., shall be provided in the rear yard when abutting a residential use. Landscape buffer requirements may increase the required rear yard setback. Encroachments are not permitted in the landscape buffer.

G.

Building Façades Along RBLs.

1.

RBL Requirements. Building façades along RBLs shall meet the requirements of Table 5.6.08.A. Building Elements.

2.

RBL Reduction. For buildings with more than seventy-five (75) feet of street frontage, up to thirty (30) percent of the façade along the RBL may be exempt from the RBL requirements contained in Table 5.6.08.A., provided the area is used for a building entrance or urban open space complying with the standards of Section 5.11.14.

3.

Accessory Use. In the Traditional Neighborhood districts at least one (1) of any provided accessory use to hospital and institutional campuses, such as a coffee shop or gift shop, shall be placed on the public right-of-way or sidewalk to contribute to the creation of an active streetscape. Storefront windows, door entrances and façade treatments shall comply with the TN-TBA Zone District requirements of Table 5.6.08.A.

4.

Multiple Main Buildings. Where multiple main buildings are placed on a lot and one (1) or more are not placed at the RBL, the building frontage of any main building located along the RBL shall be at least as long as the building frontage of the largest main building located on the same lot.

H.

Minimum Lot Greenspace.

1.

Purpose. The minimum greenspace requirements are designed to ensure a sufficient amount of area for recreation, nature, and greenspace as well as to provide a pervious surface to assist in stormwater management.

2.

Applicability. The minimum required greenspace provision shall apply to each lot in its entirety. Greenspace includes all natural pervious land surfaces that are covered with soil (and usually with lawns, landscaping, or other plant materials) or water bodies; and does not include permanent structures, sidewalks, patios, decks, or pavement of any type including gravel except as permitted for a stormwater credit.

3.

Stormwater Credit. Up to twenty-five (25) percent of the minimum calculated greenspace requirements may consist of pervious hardscape surfaces, such as grass pavers, uncovered decks, brick pavers with a sand base, pervious concrete and asphalt, if used to account for the stormwater requirements of Chapter 32 of the City Code.

4.

Front Yards. Front yards shall consist of greenspace, and impervious surfaces shall be limited to driveways and private sidewalks, except in the MON-C Zone District where hard surfacing for parking areas is allowed.

5.

Greenspace Credits. Landscape buffers, permanent planters, landscape islands, rain gardens, vegetated walls and green roofs that are readily accessible and usable by building tenants may be included in greenspace calculations.

6.

Exception. A reduction of not more than fifty (50) percent of the required greenspace listed in Table 5.6.07.A. is permitted for development projects that satisfy at least one (1) of the following criteria:

a.

A stormwater mitigation plan that retains one hundred (100) percent of all stormwater on site, as approved by the City's Environmental Protection Services Department (EPSD).

b.

Submittal of a LEED checklist and proof of registration that demonstrates the intent to apply for LEED building certification, or other generally recognized sustainable building certification.

(Ord. No. 2018-62, § 3, 10-23-18; Ord. No. 2024-40, § 4, 9-24-24)

A.

Building Elements Table.

1.

Purpose. The intent of these requirements is to promote mixed-use development and renovation that:

a.

Establishes a development pattern in which new buildings and building modifications enhance the character of the existing built environment;

b.

Increases transparency (windows) to add visual interest, increase pedestrian traffic and to reduce crime through increased surveillance; and

c.

Enhances a sense of place and contributes to the sustainability of the City; and

d.

Orients building entrances and storefronts to the street; and

e.

Articulates longer building façades into more human-scale increments; and

f.

Distinguishes commercial uses based on scale and auto-orientation; and

g.

Provides for height and other bonuses as incentives to encourage uses and amenities that implement the Master Plan; and

h.

Encourages transportation alternatives (walking, biking and transit) to reduce automobile dependence and fuel consumption.

2.

Applicability. All development in the Mixed-Use Commercial Zone Districts shall comply with the requirements in Table 5.6.08.A. unless otherwise expressly stated, or unless a different requirement is contained in an applicable Overlay District. Residential uses are subject to the building element requirements in Section 5.5.07.A.

3.

All buildings shall comply with all necessary building code requirements to ensure proper fire protection.

B.

Building Height.

1.

Height Limitations.

a.

Height requirements, including bonus height provisions, are subject to the provisions of Section 5.8.02. OD-DH Downtown Height Overlay District and Section 5.8.03. OD-GR Grand River Overlay District, where applicable.

b.

Building heights in all other Mixed-Use Commercial Districts shall not exceed the maximum number of stories as listed in Table 5.6.08.A Building Elements.

2.

Bonus Allowances. Buildings may qualify for a bonus height allowance based upon the Gross Floor Area (GFA) of the development devoted to the features established in Table 5.6.08.B.2 Bonus Table. Bonus height allowances may be used in combination provided that building heights shall not exceed the maximum number of stories in Table 5.6.08.A. Building Elements.

a.

Urban Open Space Bonus. To qualify for this bonus provision, at least the minimum noted urban open space shall be provided on the site, with public access directly from the sidewalk at ground level. The façade along the RBL requirement of Section 5.6.08.D. may be reduced by twenty (20) percent (e.g. a 90% requirement may be reduced to 70%) by the Director if deemed necessary to accommodate the installation of qualifying urban open space. The Director shall grant only that reduction necessary to accommodate the urban open space.

b.

Mixed-Income Housing Bonus. May be used in conjunction with Section 5.6.07.B.2.a. for additional density one (1) additional story may be permitted above the maximum permitted by the Zone District for development projects that satisfy all the criteria below:

i.

The development is located within a half mile of a Bus Rapid Transit (BRT) station or one-quarter of a mile of a transit stop, as measured from the nearest lot line to the right-of-way of the street along which the transit line runs;

ii.

The development includes at least twenty (20) dwelling units;

iii.

Not less than fifteen (15) percent nor more than thirty (30) percent of the total number of rental units are priced for households at or below sixty (60) percent of Area Median Income, as adjusted for family size, with rental charges priced by the same method for at least fifteen (15) years;

iv.

Not less than fifteen (15) percent nor more than thirty (30) percent of the total number of ownership units are priced for households at or below eighty (80) percent of Area Median Income, as adjusted for family size;

v.

The remaining units are priced at market rate;

vi.

The affordable units shall be comparable in unit sizes and amenities to the market rate units and shall be evenly distributed throughout the development;

vii.

Provisions shall be made for the annual certification of eligible tenants and purchasers, certification of rental property and monitoring of affordable housing requirements. A density agreement shall be approved by the City Commission.

c.

Transit Station Bonus. The transit station bonus shall only be approved as part of a submittal for a large development project at a location recognized by The Rapid as a desirable transit station for bus rapid transit (BRT) or trolley. A notarized statement from The Rapid verifying that the proposed transit station location and design is acceptable is required. The minimum dollar amount dedicated for this purpose shall be commensurate with the median cost of land per buildable square foot in the general vicinity. Transit station development shall reflect the intent of urban open space requirements in Section 5.11.14. Development of the station shall be accomplished using one (1) of the following methods:

i.

Construction by the developer shall require the submittal of appropriate drawings, detailed construction commitments, a construction schedule, and a performance guarantee meeting the requirements of Section 5.14.04 for completion of the improvements, to be approved by the City Engineer and the transit authority.

ii.

Cash contribution for transit station improvements that are to be undertaken by agencies such as The Rapid, shall enter into an agreement with the City of Grand Rapids and the agency undertaking the improvement. All agreements shall be in a form approved by the City Attorney.

d.

Affordable Housing Bonus. May be used in conjunction with Section 5.6.07.B.2.c.ii. for additional density. Within the TOD and C Zone Districts, one (1) additional story above the maximum permitted by the Zone District may be permitted, where at least twenty (20) percent of the total number of dwelling units are priced at or below thirty (30) percent of Area Median Income, as adjusted for family size, with rates remaining affordable for at least thirty (30) years, when all of the following conditions are met:

i.

The affordable units shall be comparable in unit sizes, amenities and location with the market rate units.

ii.

The property owner agrees to the submission of annual reports to the City regarding certification of eligible tenants and purchasers, annual certification of rental property and monitoring of affordable rental housing requirements.

iii.

That the property owner agrees in writing and recorded with the Kent County Register of Deeds and in a form approved by the City Attorney, that continual compliance with all conditions contained herein are necessary to maintain compliance with this Chapter. A violation of any condition is a violation of the Zoning Ordinance and is a nuisance per se for which the City of Grand Rapids may in addition to other remedies, institute any court or enforcement action provided for by law, including but not limited to, seeking injunctive relief or abatement after a notice and hearing before the Board of Zoning Appeals.

3.

Administrative Departures. An Administrative Departure from building height requirements may be permitted for:

a.

A reduction in the minimum height requirement for auto-oriented uses and for buildings in those Zone Districts where seventy (70) percent or more of existing buildings and structures located on the same block are single story.

b.

Reconstruction to the former building height (that exceeds the maximum permitted height in Table 5.6.08.A.) where a building is partially destroyed by an act of God. The determination shall consider factors such as the extent of destruction, character of the building and its surroundings and cost of reconstruction.

C.

Materials.

1.

Permitted Materials.

a.

Durable building materials, simple configurations and solid craftsmanship are required.

b.

Primary Materials.

i.

Fifty (50) percent of walls visible from public streets, exclusive of wall areas devoted to meeting transparency requirements shall be constructed of brick, glass, fiber cement siding, wood lap, stucco, split-faced block, or stone. Metal siding or paneling may only be allowed as a primary material upon Director Review, and where combined with a masonry foundation which extends a minimum two feet above adjacent grade.

ii.

To provide visual depth and strong shadow lines, clapboard siding must have a minimum butt thickness of a quarter (¼) inch.

iii.

To ensure durability and visual character, metal siding or paneling shall be minimum 24-gauge with no visible fasteners. Any change in profile shall be non-corrugated and have rib depth of a minimum 1-inch. Departure from these requirements may be approved by the Planning Commission with a Special Land Use approval.

c.

Secondary Materials.

i.

EIFS and vinyl or aluminum siding shall only be used for accents.

ii.

Metal shall be limited to beams, lintels, trim elements and ornamentation only. Architectural metal siding or paneling may be used as a secondary building material by Director Review or Special Land Use approval, subject to the limitations above for primary material.

2.

Where more than one (1) façade material is proposed vertically, the heavier material in appearance shall be incorporated below the lighter material (e.g. masonry below siding).

3.

Roofing Materials.

a.

Roofing materials shall be those used and installed in a manner customary for the materials used in construction of the main building, shall be compatible in character and scale with the structure on which it is being installed, shall be installed according to the manufacturer's specifications, shall have no visible fasteners, and shall be uniform in type and appearance within each uninterrupted roof plane.

b.

Acceptable roof materials include three hundred (300) pounds or better, dimensional asphalt composite shingles, wood shingles and shakes, metal tiles or standing seam, slate, and ceramic tile. The Director may permit "engineered" wood or slate with an approved sample and examples of successful, high quality local installations.

c.

Corrugated roofing materials are not permitted.

4.

Administrative Departure. Other materials of equivalent or better quality, including high quality synthetic material, may be approved, if determined appropriate for the building, site, and area with an approved sample and examples of successful, high quality local installations.

D.

Façade Preservation and Variation.

1.

Exterior Alterations. Exterior changes and façade renovations shall not destroy or cover original details on a building, wherever practicable. Brick and stone façades shall not be covered with artificial siding or panels.

2.

Window and Door Openings. Existing window and door openings shall be maintained wherever practicable. New window and door openings shall maintain a similar horizontal and vertical relationship as the originals.

3.

Vertical and Horizontal Lines. The vertical lines of columns and piers, and the horizontal definition of spandrels and cornices, and other primary structural elements shall be maintained wherever practicable.

4.

Articulation and Variation.

a.

Façade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, plinths, quoins, varying building materials or pilasters shall be used to break up the mass of a single building.

b.

Façade Interruptions. The maximum linear length of an uninterrupted building façade facing a public street and/or park shall be thirty (30) feet.

c.

Blank or windowless walls shall not make up more than thirty (30) percent of each building façade per story (as measured from floor to floor), and have no horizontal distance greater than fifteen (15) feet per story. Blank, windowless walls facing public streets and/or parks are prohibited.

d.

An Administrative Departure may be approved to allow the following:

i.

An increase of up to five (5) feet to the thirty (30) foot uninterrupted building façade facing public streets requirements may be approved.

ii.

Permitted of other methods to provide adequate articulation, provided that the visual effect of articulation is maintained. Examples of acceptable variations may include architectural or artistic details or features, a variation in color or materials and enhanced ornamentation around building entranceways.

5.

Large Developments. Developments planned for retail or wholesale sales composed of one (1) or more main buildings each of which exceeds thirty thousand (30,000) square feet GFA; or developments with a single large commercial establishment with a main building exceeding thirty thousand (30,000) square feet GFA, shall:

a.

Create a series of smaller "liner buildings" that are positioned along the primary façade of the main building to break up the building mass; or

b.

Design the primary façade of the main building so that it appears to have a series of multiple small storefronts without individual doorways.

E.

Building Orientation.

1.

Primary Entrance. The primary building entrance shall be located in the front façade parallel to the street. Main building entrances and exits shall be located on the primary street.

2.

Administrative Departure. Alternative orientations may be permitted where they are consistent with existing adjacent development.

F.

Entrances.

1.

Primary Entrance. The primary building entrance shall be located in the front façade parallel to the street. At least one (1) main building entrance shall be located on the primary street. A clearly identifiable and usable building entrance is required for every sixty (60) feet of a building's frontage on a primary street.

2.

Recessed Doorways. Where the building entrance is located on or within five (5) feet of a lot line or public sidewalk easement, whichever is closest to the face of the building. Doorways shall be recessed into the face of the building to provide a sense of entrance, to add variety to the streetscape, and provide pedestrian protection from a swinging door.

a.

The entrance recess shall not be less than the width of the door(s) when opened outward;

b.

The entrance recess may not exceed the entrance width;

c.

The entrance may not exceed two (2) stories in height; and

d.

Doors for nonresidential uses along all street frontages shall be consistent with the design of principal entrances and include glass and full operating hardware in the design of the door.

3.

Residential Dwellings. Entrances for all residential dwellings shall be clearly defined by at least two (2) of the following:

a.

Projecting or recessed entrance.

b.

Stoop or enclosed or covered porch.

c.

Transom and/or side light window panels framing the door opening.

d.

Architectural trim framing the door opening.

4.

Administrative Departure.

a.

Non-recessed entrance doors may be permitted where no safety hazard may be created.

b.

Alternative entrance locations shall be permitted where consistent with existing adjacent development.

c.

Other entrance definitions for residential dwellings, such as unique color treatments, sidelight windows, transom window or other adjacent windows, additional moldings with expression lines, or bays of unique width may be permitted provided the same effect is achieved.

d.

A greater spacing for primary entrances may be allowed where the use makes the required entrance spacing impractical, provided that at least one (1) primary entrance is provided on the primary street.

G.

Expression Line.

5.6.08.F. Expression Lines (EL).

1.

A horizontal line on the façade known as the Expression Line (EL) shall distinguish the base of the building from the remainder to enhance the pedestrian environment. The EL shall be set so that the bottom of the line is no higher than sixteen (16) feet above grade. The EL shall be created by a change in material, a change in design, or by a continuous setback, recess, or projection above or below the EL. Elements such as cornices, belt courses, corbelling, molding, stringcourses, ornamentation, and changes in material or color or other sculpturing of the base, are appropriate design elements to include with an EL.

2.

If applicable, the height of the EL shall be related to the prevailing scale of development in the area. A change of scale may require a transitional design element between existing and proposed features.

H.

Transparency.

1.

Purpose. The first floors of all buildings shall be designed to encourage and complement pedestrian-scale activity and crime prevention techniques using CPTED (Crime Prevention Through Environmental Design). It is intended that this be accomplished principally by the use of windows and doors arranged so that active uses within the building are visible from or accessible to the street, and parking areas are visible to occupants of the building.

2.

Upper floor transparency is provided to ensure that access to adequate light and air is provided and that excessive areas of blank walls are avoided.

3.

Applicability.

a.

The minimum transparency requirement shall apply to all sides of a building that abut an urban open space or public right-of-way. Transparency requirements shall not apply to sides which abut an alley.

b.

Windows for building sides (non-front) shall be concentrated toward the front edge of the building, in locations most visible from an urban open space or public right-of-way.

4.

General Requirements. The General Provision requirements of Section 5.2.14. Building Transparency shall apply.

5.

Windows and Displays.

a.

Ground level storefront windows shall be horizontal, divided into vertical segments. Heavily tinted or reflective glass, and glass block on street façades shall not be counted toward transparency requirements.

b.

Product display windows shall be internally lit.

c.

Interior displays shall be set back a minimum of one (1) foot from the window and shall not cover more than fifty (50) percent of the window opening. Displays nearer than one (1) foot from the window shall be considered a window sign.

d.

No window covering or screening shall cover more than twenty-five (25) percent of windows or doors that are used to meet transparency requirements.

I.

Building Step-Backs.

1.

Purpose. A step-back is a portion of a building or structure that is recessed from the base of the structure at a defined story. Step-backs are required where necessary to provide a more gradual transition between heights of adjacent buildings and less intensive uses; provide greater access to sunlight for public areas, trees, and lower buildings; provide a comfortable pedestrian experience; and integrate with existing street wall buildings. It is also intended to inform the relationship between the proposed development and the heights of other buildings in the surrounding area. The requirements for building step-backs is to coordinate the proposed development with the location, height, scale, and spacing of existing or approved buildings, and in particular other buildings on the same or adjacent blocks.

2.

Applicability. A step-back is required when one (1) of the following conditions is met:

a.

Any building side in the TN-TCC Zone District that abuts a residential zone district.

b.

Buildings fronting a public street in the TOD Zone Districts.

3.

Requirements.

a.

Where there are existing street wall buildings, the placement of the required step-back shall be no lower than the height of the existing context of the street wall buildings.

b.

Determination of Existing Context.

i.

An existing context of street wall buildings shall be determined by the average number of stories of buildings in the same block and on the block across the street.

ii.

To establish an existing context, the block used in the calculation shall be occupied by existing buildings for a minimum of fifty (50) percent of the linear frontage of the block.

iii.

Existing buildings that do not meet the minimum story requirement of the Zone District shall be excluded from the calculation of the average stories.

c.

Where an existing context is not able to be determined, the fifth story shall be subject to the step-back requirement.

d.

Where required, the step-back shall be at least ten (10) feet.

e.

Building step-backs shall span a minimum horizontal width of at least seventy-five (75) percent of any affected side of a building.

4.

Administrative Departure. The Director may approve a modification to the requirements of subsection 3., above where they are demonstrated to be impractical due to existing building locations, location of adjacent uses, or other physical conditions related to the site or existing buildings.

(Ord. No. 2019-10, § 4, 3-26-19; Ord. No. 2020-13, §§ 4, 7, 4-28-20; Ord. No. 2021-03, §§ 4—8, 1-26-21; Ord. No. 2023-26, §§ 1—3, 7-11-23; Ord. No. 2024-40, § 5, 9-24-24)

A.

Purpose.

1.

There are certain unique areas within the city that cannot easily be treated in the same manner as other Zone Districts. Accordingly, a "Special District" classification has been created to permit proper regulation of these areas. The Special District combines the major elements of traditional zoning with particular neighborhood elements that can help to preserve the vitality and character of each Special District. The Special Districts are intended to be developed in a manner that shall be sensitive to the Zone Districts they border.

2.

Special Districts have also been created to accommodate particular development concerns, such as accommodating larger institutions.

3.

Special Districts retain many of the characteristics of a traditional, use-based zoning classification system. Uses are regulated by type, size, location, coverage, design, among other particulars, within each Special District.

B.

Special District Designation. Table 5.7.01. lists the Special Districts.

A.

Purpose and Intent.

1.

The Gerald R. Ford International Airport is an important asset to the Grand Rapids metropolitan region and all of western Michigan. The Airport serves as a focal point of development as growth in general aviation, commercial cargo carriers and passenger airlines continues.

2.

The SD-AP District as depicted on Special District-Airport Map E is designed to permit those uses, activities, facilities, and structures necessary for the safe and efficient operation of aircraft and for providing the services and facilities required to accommodate airport patrons and employees.

3.

This district is intended to accommodate and promote aeronautical progress for the public good, while protecting the health and welfare of the public. This Special District permits both aeronautical and non-aeronautical uses and facilities that complement airport operations.

4.

It is recognized that certain aeronautical facilities are exempt from local zoning under the Zoning Act. This District governs only the land surrounding the terminal within the jurisdictional boundaries of the City.

B.

Uses Table. Table 5.7.02.B. lists uses allowed within the SD-AP, subject to compliance with all other applicable requirements of this Chapter.

1.

No use within the SD-AP District shall create electrical or electronic interference with navigational signals or radio or radar communication between the airport and aircraft. No structure or use of land that causes the emission of smoke that may be a pilot navigation hazard or otherwise be detrimental or injurious to the health, safety and welfare of the public using the airport is allowed unless specifically required and authorized by the Federal Aviation Administration (FAA), or other governmental entity with statutory authority.

2.

No use within the SD-AP District shall be designed or operated in a manner that is intended to or has the effect of attracting birds or other wildlife.

3.

Permitted Uses. Uses permitted by right in the Zone District, subject to compliance with all other applicable requirements of this Chapter, are identified with a "P."

4.

Some Permitted Uses are subject to compliance with Article 9. These uses are identified in the Table 5.7.02.B. under "Use or Other Regulations." A cell marked with a dash "—" under this heading indicates that there are no additional use requirements in Article 9.

5.

Unlisted Uses. Uses not listed in the Table 5.7.02.B. are prohibited, unless the Director determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use in accordance with Section 5.4.04.

C.

Site Layout and Building Placement Requirements.

D.

Airport Zoning Act. Proposed buildings or modifications to existing buildings with a height greater than one hundred (100) feet require a permit from the Kent County Department of Aeronautics, pursuant to the Airport Zoning Act, Public Act No. 23 of 1950.

A.

Purpose and Intent. The Open Space District (SD-OS) is intended to accommodate natural or park-like settings and preserve selected open space land and uses from development pressures. This Special District is intended for public or private purposes, and may include parks, playgrounds, athletic fields, wetlands, floodplains and natural areas.

B.

Allowed Uses Table. Table 5.7.03.B. lists uses allowed within the SD-OS District, subject to compliance with all other applicable requirements of this Chapter.

1.

Permitted Uses. Uses permitted by right in the applicable Zone District, subject to Director Review and compliance with all other applicable requirements of this Chapter, are identified with a "P."

2.

Special Land Uses. Uses which may be allowed subject to review and approval by the Planning Commission in accordance with Section 5.12.09., and with all other applicable requirements of this Chapter. These uses are identified with an "S."

3.

Other Regulations. Many allowed uses, whether a Permitted Use or a Special Land Use, are subject to compliance with other requirements of this Chapter. These uses are identified in the Table 5.7.03.B. under "Use and Other Regulations." A cell marked with "—" under this heading indicates that there are no additional use requirements in Article 9.

4.

Uses Not Allowed. A cell marked with an "X" indicates that the listed use under a Zone District heading is not allowed. Uses not listed in the Table 5.7.03.B. are prohibited unless the Director determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use in accordance with Section 5.4.04.

5.

Unlisted Uses. If an application is submitted for a use not listed, the Director shall make a determination as to the proper Zone District and use classification for the new or unlisted use in accordance with Section 5.4.04.

6.

Site Development. Vehicle and bicycle parking requirements and pedestrian circulation requirements are in Article 10 Transportation and Mobility. Landscaping requirements are in Article 11 Landscaping and Green Infrastructure. Sign requirements are in Article 15 Signs.

C.

Site Layout and Building Placement Requirements.

1.

Lots may contain more than one (1) main building or principal use.

2.

No parking is permitted in the required front yard.

3.

All buildings shall meet the requirements of Table 5.7.03.C.

D.

Building Element Requirements.

1.

Building Materials.

a.

Durable building materials, simple configurations and solid craftsmanship are required.

b.

Walls visible from public streets, exclusive of wall areas devoted to meeting transparency requirements shall be constructed of brick; fiber cement siding, wood lap, aluminum or vinyl siding; and split-faced block, stucco or stone. Metal may only be used for beams, lintels, trim elements and ornamentation.

c.

Building materials in TN-Traditional Neighborhood Zone Districts shall have a traditional, horizontal orientation.

2.

Façade Variation. The maximum linear length of an uninterrupted building façade facing a public street and/or public park shall be between twenty-five (25) and thirty-five (35) feet. Building wall offsets (projections and recesses), cornices, varying building materials or pilasters shall be used to break up the mass of a single building.

3.

Building Orientation. In the TN-Traditional Neighborhood and MCN-Mid-Century Neighborhood Districts, buildings shall be oriented towards a public street.

4.

Transparency. The General Provision requirements of Section 5.2.14. shall apply. The front of a non-residential building shall have forty (40) percent transparency. Transparency on building sides of a non-residential structure shall be twenty (20) percent.

A.

Purpose and Intent. The Industrial-Transportation Districts (IT) are established to reflect the goals and objectives of the Master Plan for a wide range of light industrial and manufacturing uses, heavy manufacturing and processing of raw materials. Regulated adult uses are included within this Zone District to preserve the character and integrity of residential neighborhoods and family-oriented institutions, such as places of worship and recreation. Reasonable protection of adjacent land uses is also an important component of this Special District. Typical light industrial uses are permitted within this Zone District, while typical heavy industrial uses shall be considered as Special Land Uses.

B.

Uses Table. Table 5.7.04.B. lists uses allowed in the Industrial-Transportation Districts (SD-IT), subject to compliance with all other applicable requirements of this Chapter.

1.

Permitted Uses. Uses permitted by right in the applicable Zone District, subject to Director Review where in compliance with all other applicable requirements of this Chapter. Such uses are identified with a "P."

2.

Special Land Uses. Uses which may be allowed subject to review and approval by the Planning Commission in accordance with Section 5.12.09., and with all other applicable requirements of this Chapter. These uses are identified with an "S."

3.

Uses Not Permitted. Uses which are not permitted either by Permitted Use or Special Land Use are identified with an "X."

4.

Other Regulations. Certain allowed uses, whether Permitted Uses or Special Land Uses, are subject to compliance with other requirements of this Chapter. These uses are identified in the Table 5.7.04.B. under "Use or Other Regulations." A cell marked with a dash "—" under this heading indicates that there are no additional use requirements in Article 9.

5.

Unlisted Uses. If an application is submitted for a use not listed, the Director shall make a determination as to the proper Zone District and use classification for the new or unlisted use in accordance with Section 5.4.04.

6.

Site Development. Vehicle and bicycle parking requirements and pedestrian circulation requirements are in Article 10 Transportation and Mobility. Landscaping requirements are in Article 11 Landscaping and Green Infrastructure. Sign requirements are in Article 15 Signs.

7.

Accessory Sales. Accessory retail sales are permitted provided that they:

a.

Are conducted within the same structure housing the principal manufacturing or warehouse use, with no outdoor sales allowed; and

b.

Are limited to hours of operation to between 8 a.m. and 9 p.m., or to the operating hours of the principal use, whichever is shorter; and

c.

Only sell items manufactured by the principal use or are part of the principal use's warehouse stock; and

d.

Provide sufficient parking separate from the principal use of the property.

8.

Enclosed Structure. All uses permitted by right shall be conducted within a completely enclosed structure, except vehicular storage or other uses that require outdoor storage as regulated in Table 5.7.04.B.

9.

Noxious Emissions. No noise, smoke, dust, vibration or any other like nuisance shall adversely affect adjacent residential uses. Those uses which may be noxious or offensive by the reason of emission of odor, dust, smoke, gas, noise, vibration and the like, and not allowed in any other district shall be set back at least three hundred (300) feet from any other Zone District line.

C.

Site Layout and Building Placement Requirements.

1.

All development in the SD-IT Zone District shall comply with the requirements in Table 5.7.04.C. unless otherwise expressly stated, or unless a stricter requirement is in an applicable Overlay District.

2.

Administrative Departure. An Administrative Departure may allow adjustments up to five (5) feet in the established dimensions to accommodate individual site conditions, such as healthy mature trees, topography, or other similar physical conditions.

D.

Building Elements.

E.

Storage and Screening.

1.

Materials and equipment storage areas shall be located in the side or rear yards.

2.

All outdoor storage shall be completely screened from any adjacent parcel or public right-of-way as required by Section 5.9.18.C.

3.

All machinery, equipment and materials shall be at least twenty-five (25) feet from any lot line. No portion of the storage area shall be within seventy-five (75) feet of any Residential Zone District or residential use.

4.

Any hazardous materials proposed to be stored, used or handled on site shall be conducted in accordance with all applicable State and Federal laws. These materials shall be disclosed by the applicant or property owner for Special Land Use requests.

5.

Administrative Departure. Materials and equipment storage may be permitted in the front yard if it is demonstrated that there would be no substantial detriment to surrounding properties, that adequate screening shall be provided; that a minimum setback of fifteen (15) feet from the property line is maintained.

(Ord. No. 2018-45, § 4, 7-24-18; Ord. No. 2018-70, § 2, 12-18-18; Ord. No. 2019-16, § 2, 4-23-19; Ord. No. 2020-21, §§ 5, 6, 7-7-20; Ord. No. 2024-20, § 10, 4-23-24)

A.

Purpose and Intent.

1.

Large, Campus-Like Settings. The Institutional Campus District is established to account for larger, campus-like settings including colleges and universities, hospital campuses, senior living facilities and similar institutional arrangements. Mixed land uses may occur in the same building (e.g., retail on ground floor, office space above) or in different buildings sited on the same lot or parcel (e.g., freestanding child day care center located on the same parcel as an office building). Active uses such as retail, restaurants, cultural and public spaces are encouraged on the ground floor abutting a public street. In certain circumstances, less intensely developed areas that are characterized by single uses rather than a mix of uses may be developed.

2.

Mixed-Use Environment. The following requirements are intended to deal with the complexities inherent in campus settings and the establishment of a mixed-use environment that services the institutional use as well as the broader community. The Master Plan promotes the restructuring of many of the city's existing institutional areas into compact, walkable, mixed-use centers. The Master Plan advocates incorporating housing, shopping, jobs and services, and providing attractive alternatives to travel by car. It is understood that institutional settings involve density and character of living, education, working, visiting and other arrangements that present unique challenges especially given that in some settings there are special physical, mobility and equipment needs, as well as unique situations in dealing with persons in various life stages, sometimes dealing with particular health and emotional issues.

3.

Design Issues. These regulations guide the physical form of the development project to resolve concerns and address design issues that might occur with the mixture of different uses in the same project. These concerns and design issues may occur within a project or along its boundaries with surrounding residential neighborhoods or commercial areas.

B.

Eligibility Requirements.

1.

Unified Control of Property. The proposed development shall be under single ownership or control to ensure there is a single entity with responsibility for completing and managing the campus.

2.

Minimum Size. The site shall be a minimum of two (2) acres. The Planning Commission may approve submission of an application for a smaller site provided that the proposal substantially achieves the Purpose and Intent of the Special District and meets the other eligibility requirements.

3.

Compatibility. The proposed plan and uses shall not adversely affect adjacent neighborhoods or other development in terms of traffic disruption or congestion or impediments to development or redevelopment of nearby properties.

4.

Master Plan. The proposed use shall be consistent with the Visions, Objectives and Policies, and Development Characters of the Master Plan for the area in which the use is proposed.

C.

Allowed Uses Table. Table 5.7.05.C. lists uses allowed in the Institutional Campus District (SD-IC), subject to compliance with all other applicable requirements of this Chapter.

1.

Permitted Uses. Uses permitted by right in the Zone District, subject to compliance with all other applicable requirements of this Chapter. These uses are identified with a "P."

2.

Special Land Uses. Uses which may be allowed subject to review and approval by the Planning Commission in accordance with Section 5.12.09., and with all other applicable requirements of this Chapter. These uses are identified with an "S."

3.

Use Regulations. Certain allowed uses, whether a Permitted Use or a Special Land Use, are subject to compliance with other requirements of this Chapter. These uses are identified in the Table 5.7.05.C. under "Use or Other Regulations." A cell marked with a dash "—-" under this heading indicates that there are no additional use requirements in Article 9.

4.

Unlisted Uses. Uses not listed in the Table 5.7.05.C. are also prohibited unless the Director determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use in accordance with Section 5.4.04.

5.

Site Development. Vehicle and bicycle parking requirements and pedestrian circulation requirements are located in Article 10 Transportation and Mobility. Landscaping requirements are in Article 11 Landscaping and Green Infrastructure. Sign requirements are in Article 15 Signs.

6.

Accessory Uses. Accessory uses that provide goods or services primarily to employees, students or other immediate stakeholders and operate with low intensity activities such as a coffee shop, pharmacy, gift shop or book store or other similar use shall be permitted as approved by the Director.

7.

Excessive Noise. Activities that may generate a great deal of sound, such as a power house, loading docks or amplified sporting event shall be subject to Special Land Use approval if located within four hundred (400) feet of a residential use.

D.

Site Layout and Building Placement Requirements.

1.

All development in the SD-IC District shall comply with the requirements in Table 5.7.05.D. unless otherwise expressly stated, or unless a different requirement is contained in an applicable Overlay District.

2.

Accessory uses shall be sited to face the public right-of-way or contribute to the creation of a Traditional Neighborhood streetscape. Where located adjacent to a public right-of-way, storefront windows, door entrances and façade treatments shall comply with the TN-TBA Zone District requirements of Table 5.6.08.A.

E.

Building Elements.

1.

All development in the SD-IC shall comply with the requirements in Table 5.7.05.E. unless otherwise expressly stated, or unless a different requirement is contained in an applicable Overlay District.