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City of Grand Rapids

Committee of the Whole


Regular Meeting Agenda
Tuesday, June 13, 2023, 10:00 AM
City Hall, 300 Monroe Ave NW, 9th Floor, City Commission Chambers

COMMITTEE OF THE WHOLE ITEMS

1. Presentation of the Dr. Schnoor Scholarship Award

2. Resolution scheduling the date of July 11, 2023, to consider amendments to the Zoning
Ordinance (Chapter 61 of the City Code) pertaining to building height in the TN-TCC
(Traditional Neighborhood-Transitional City Center) and TN-CC (Traditional Neighborhood-
City Center) Zone Districts and the Grand River Overlay District

3. Resolution approving the request from Mammoth Distilling, LLC, for an Off-Premises Tasting
Room license to be located at 710 Wealthy St SE.

4. Resolution approving the request from Kaydee Enterprise, LLC dba Daisies Place for a
Development District Liquor License to be located at 15 Ionia Ave SW.

5. Resolution recommending approval by the Michigan Liquor Control Commission of Social


District Permit application pursuant to Public Act 124 of 2020 for Cedar Springs Brewing
Company, LLC dba Kusterer Brauhaus located at 642 Bridge St NW.

6. Resolution approving a collective bargaining agreement with the Grand Rapids Police
Command Officers Association

7. Salary Ordinance for the Grand Rapids Police Command Officers Association

8. Resolution approving a $500,000 agreement with Community Rebuilders for the Geo Targeted
Housing Outreach Program

9. Resolution providing for the publication of and setting a public hearing on an amendment to
Section 9.136 of Chapter 152 "Disorderly Conduct" of the Grand Rapids City Code

10. Resolution providing for the publication of and setting a public hearing on an amendment to
Section 9.108 and adding Section 9.108a to Chapter 151 "Nuisances" of the Grand Rapids
City Code

BRIEFING

Briefing on Proposed Property Maintenance Code Ordinance Amendment


1

DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Desireé A. Frugé, Chief Examiner


Human Resources Department

SUBJECT: Presentation of the Dr. Schnoor Scholarship Award

The presentation of this scholarship is in recognition of Dr. Elmer Schnoor. This


scholarship award was established by Dr. Elmer Schnoor, former city physician,
in 1954 to make scholarships available to city employee dependents (high school
seniors). The award is in the amount of $1,000.00.

The Dr. Schnoor Scholarship is awarded to a student with a good record of


achievement in high school. The scholarship is designated to apply toward the
first-year tuition at any college or university recognized by the North Central
Association of Schools and Colleges or the American Council of Education.

This year, the scholarship has been awarded to Adrianna Alcala. Adrianna is
the daughter of GRPD Sergeant Refugio (Greg) Alcala.

..

Prepared by Ana Ortiz

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Kristin Turkelson, Planning Director


Design, Development, and Community Engagement

SUBJECT: Resolution scheduling the date of July 11, 2023, to consider


amendments to the Zoning Ordinance (Chapter 61 of the City
Code) pertaining to building height in the TN-TCC (Traditional
Neighborhood-Transitional City Center) and TN-CC (Traditional
Neighborhood-City Center) Zone Districts and the Grand River
Overlay District

The attached resolution would establish July 11, 2023, as the date for the City
Commission to consider amendments to several sections of the Zoning Ordinance
pertaining to height in the TN-TCC (Traditional Neighborhood-Transitional City Center)
and TN-CC (Traditional Neighborhood-City Center) Zone Districts.

Background
One of the six goals outlined in the GR Forward Plan was to create a true downtown
neighborhood that is home to a diverse population. “Throughout the GR Forward
process, Grand Rapidians indicated the desire to have “more” Downtown—more retail,
more services and more activity. These amenities require more people living within the
City’s core. Housing is a driver to build more value Downtown and more demand for the
services that people want. While welcoming new neighbors, we must continue
improving services for existing residents and ensure that Downtown living remains
accessible and affordable to a range of incomes”.

Encouraging growth and new housing is essential to attracting the retail and services
that participants in GR Forward have been asking for. To support growth, GR Forward
included recommendations to change the existing regulations for height, density,
parking, and development bonuses. These changes were designed to encourage more
investment and provide incentives to create better open spaces, activate the streets
with ground floor retail, establish public access to the Grand River, and integrate mixed-
income housing.

Following the adoption of the GR Forward Plan, the Zoning Ordinance was amended as
part of the Plan’s implementation strategy. The amendments were drafted in

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collaboration with DGRI and several architects and developers who have been involved
in development in the downtown area. At that time, one of the more significant
ordinance changes was to the height bonus tables of the Downtown Height Overlay
District and the Grand River Overlay District. The intent of the height bonuses is to
incentivize developers to provide amenities that the city strongly desired and that were
not being routinely provided. Within the Downtown Height Overlay, the structure
incentivizes the development of mixed-income housing, green elements, and public art
housing in exchange for additional building height. Within the Grand River Overlay, the
structure incentivizes the development of urban open space, mixed-income housing,
affordable housing, public access easements, multi-use trail, river view overlook, public
amenities, public art, green elements, wetland habitat and ground floor retail.

Over the past few years as Planning staff has been working alongside the development
community, we have witnessed developers’ challenges in utilizing the height incentives.
We have also become keenly aware of the development community’s interests, how
those interests align with the City’s Plans, and importantly, how those interests are
affected by the community’s needs, market conditions and code requirements.
Alignment of these elements is critical for the community to realize its vision while
providing for its needs. It’s also important we recognize when strategic adjustments are
necessary to ensure that alignment.

As a result of these challenges, staff of the Planning Department and Downtown Grand
Rapids Inc. (DGRI) have discussed the potential need for amendments to facilitate the
identified need and desire for additional development. Limited staff capacity as well as
the need to balance the daily workload and other City priorities have delayed the
Planning Department’s ability to advance these amendments. Due to our strong
partnerships, the development community was willing to collaborate and develop
amendments that we collectively support.

Proposed Amendments
The amendments are intended to allow additional building height by right in the TN-TCC
(Traditional Neighborhood-Transitional City Center) and TN-CC (Traditional
Neighborhood-City Center) Zone Districts. The amendments will also eliminate the
height bonus structure in the Downtown Height Overlay and simplify the height bonus
structure within the Grand River Overlay. A detailed explanation of the proposed
amendments can be found within the application narrative.

Planning Commission Recommendation


The Planning Commission held a public hearing on the proposed amendments on May
25, 2023, at which time all interested parties had an opportunity to be heard. No
members of the public were present to testify in person, although the Grand Rapids
Chamber and Downtown Grand Rapids Inc. submitted letters of support.

The Planning Commission voted 7-0 in support of the proposed amendments. The
attached ordinance text reflects the modifications recommended by the Planning
Commission.

Action

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Please forward the attached resolution for consideration at the next scheduled City
Commission meeting.
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YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution providing for the publication of an ordinance amending Sections 5.6.08.
Building Element Requirements, 5.8.02. Downtown Height Overlay District, 5.8.03.
Grand River Overlay District, and 5.16.02. Definitions, of Chapter 61, Title V of the Code
of the City of Grand Rapids entitled “Zoning Ordinance.”

WHEREAS,

1. Cornerstone Investment Group, Inc. (Jay Johnson) is requesting approval of


Zoning Ordinance Text Amendments to Sections 5.6.08. Building Element
Requirements; 5.8.02. Downtown Height Overlay District; 5.8.03. Grand River Overlay
District., and 5.16.02. Definitions; and

2. The amendments are intended to allow additional building height by right in the
TN-TCC (Traditional Neighborhood-Transitional City Center) and TN-CC (Traditional
Neighborhood-City Center) Zone Districts, and in order to encourage public access to
and along the Grand River, height bonuses in those districts will be offered only for
properties located within the Grand River Overlay District; and

3. The Planning Commission recommended approval of the text amendments


after holding a public hearing on May 25, 2023, at which time all interested persons had
an opportunity to be heard; therefore

RESOLVED:

1. That the attached ordinance amending Sections 5.6.08. Building Element


Requirements, 5.8.02. Downtown Height Overlay District, 5.8.03. Grand River Overlay
District, and 5.16.02. Definitions, of Chapter 61, Title V of the Code of the City of Grand
Rapids entitled “Zoning Ordinance” be published as a part of the proceedings; and

2. That pursuant to Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the


City Charter, the City Clerk shall publish the attached summary of the ordinance in a
newspaper of general circulation in the City; and

3. That the proposed amendment be considered for adoption by the City


Commission at its meeting on July 11, 2023.

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SUMMARY OF ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 61,


TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING
ORDINANCE”

Cornerstone Investment Group, Inc. (Jay Johnson) is requesting consideration of


amendments to Sections 5.6.08. Building Element Requirements, 5.8.02. Downtown
Height Overlay District, 5.8.03. Grand River Overlay District, and 5.16.02. Definitions.,
of Chapter 61, Title V of the Code of the City of Grand Rapids entitled “Zoning
Ordinance”.

The amendments are intended to allow additional building height by right in the TN-TCC
(Traditional Neighborhood-Transitional City Center) and TN-CC (Traditional
Neighborhood-City Center) Zone Districts. To encourage public access to and along
the Grand River, height bonuses in those districts will be offered only for properties
located within the Grand River Overlay District.

The proposed Zoning Ordinance text amendments are available at the City’s website at
https://tinyurl.com/downtownheight or examined by contacting the Planning Department
at (616)456-4100 or planning@grcity.us during business hours.

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ORDINANCE AMENDING SECTIONS 5.6.08. BUILDING ELEMENT REQUIREMENTS,


5.8.02. DOWNTOWN HEIGHT OVERLAY DISTRICT, 5.8.03. GRAND RIVER
OVERLAY DISTRICT, AND 5.16.02. DEFINITIONS, OF CHAPTER 61, TITLE V OF
THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE”

ORDINANCE NO. 2023-__

THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:

Section 1. That Title V, Chapter 61, Table 5.6.08.A. of Section 5.6.08. of the Code of
the City of Grand Rapids be amended to read as follows:

Sec. 5.6.08. Building Element Requirements.

Table 5.6.08.A. Building Elements: Mixed-Use Commercial Zone Districts


Neighborhood
TN MCN MON Other
Classification NOS
Regulations
Zone District CC TCC TBA TOD C TOD C TOD
Height (stories)
5.6.08.B.
Minimum required 3 2 2 2 - - - - -
5.2.06.
See 5.6.08.B.
Maximum, permitted 5 4 3 3 4 3 4 2.5
text 5.8.02.D.
See See 5.6.08.B.
“Maximum, with bonuses - 7 6 7 6 8 -
text text 5.8.03.E.”
Materials ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.C.
Façade, preservation and
✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.D.
variation
Building orientation ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.E.
Entrance ✓ ✓ ✓ ✓ ✓ ✓ - ✓ ✓ 5.6.08.F.
Expression line ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.G.
Minimum transparency (% of building wall area)
Ground-floor, non-
5.6.08.H.
residential building 60% 60% 60% 60% 40% 60% 30% 60% 30%
5.2.14.
façade
Upper floors, building
sides and residential 30% 30% 30% 30% 20% 30% 15% 30% 30%
uses
5.6.08.I.
“Building step-back 5.8.02.D.
✓ ✓ - ✓ - ✓ - ✓ -
feature 5.8.03.E.
5.8.07.D.”
5.6.08.J.
Streetscape design ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
5.11.13.
P = Permitted; S = Special Land Use; ✓ = Rules Apply; "-" = Not Applicable.

Section 2. That Title V, Chapter 61, Subsection B.1.a. of Section 5.6.08. of the Code of
the City of Grand Rapids be amended to read as follows:

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Sec. 5.6.08. Building Element Requirements.

B. Building Height.
1. Height Limitations.
a. “Height requirements, including bonus height provisions, are subject to the
provisions of Section 5.8.02. Downtown Height Overlay District (OD-DH) and
Section 5.8.03. Grand River Overlay District (OD-GR), where applicable.”

Section 3. That Title V, Chapter 61, Table 5.6.08.B.3. of Section 5.6.08. of the Code of
the City of Grand Rapids be amended in its entirety to read as follows:

Sec. 5.6.08. Building Element Requirements.

“Table 5.6.08.B.3. Bonus Table


Activity/Facility
District Activity Bonus Bonus
Provided
Urban Open 25% 1 story
Space TOD, C Minimum site area
50% 2 stories
(5.6.08.B.2.a.)
Minimum lot area/dwelling unit may be
reduced by up to 500 sq. ft. per unit for
Mixed-Income TBA, TOD, C # of units
providing a mix of affordable and market
Housing
rate
(5.6.08.B.2.b.)
Mix of affordable and market rate
TOD, C 1 story
dwelling units
Transit station along the assigned Bus
Transit Station
TOD, PRD Rapid Transit (BRT) route as approved 3 stories
(5.6.08.B.2.c.)
by The Rapid
Micro-Unit
TBA, TOD, C Minimum lot area per dwelling unit waived
(5.6.08.B.2.d)
Minimum lot area/dwelling unit (See
# of units
Sec. 5.8.08.2.e.i)
Affordable TBA, TOD, C
Minimum lot area/dwelling unit (See
Housing # of units
Sec. 5.8.08.2.e.ii)
(5.6.08.B.2.e)
Minimum lot area/dwelling unit (See
TOD, C 1 story
Sec. 5.8.08.2.e.ii)
Bonus heights for the TN-CC and TN-TCC Zone Districts are described in Sections 5.8.02. and 5.8.03.”

Section 4. That Title V, Chapter 61, Section 5.8.02. of the Code of the City of Grand
Rapids be amended to read as follows:

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Sec. 5.8.02. Downtown Height Overlay District (OD-DH).

C. “Downtown Height Overlay Subareas.

1. As noted in Table 5.8.02.D., the Height Overlay District establishes two (2)
subareas, each of which has height regulations applied. Additional bonus height
provisions are available for properties that fall within the Grand River Overlay
District of Section 5.08.03.
2. Purposes. A series of density incentives, provided through variations in building
height, are provided to help describe a smooth transition from the most
intensively developed core of the downtown to the residential neighborhoods with
a transition that steps down building heights from the core to these
neighborhoods.

a. DH-1. The purpose of this subarea is to permit the greatest intensity of land
use to create a core of development density for a wide variety of uses that are
mutually supportive and serve regional needs, including hotels, restaurants,
employment centers, medical centers, entertainment venues, and others.
These uses are also intended to create an active, vibrant core.
b. DH-2. This subarea largely surrounds the core and near-core downtown
areas, including areas on the west side of the Grand River, with a number of
cultural and institutional uses important to the city and region. It is intended as
a transitional area between the more intense development of DH-1 and the
edges of downtown and nearby neighborhoods. While still relatively
intensively developed, the lower building heights provide transition from the
core. The subarea is divided into two zones, DH-2(a) and DH-2(b), to help
reinforce the transition of building heights.

D. Permitted Height. Table 5.8.02.D. describes the minimum and maximum permitted
heights for buildings within each Height Overlay Subarea, including potential
bonuses as described in Section 5.8.02.G. Heights are measured in stories as
provided in Section 5.8.02.E., below.

Table 5.8.02.D. Building Heights


Subarea Permitted Height (stories)
Minimum Maximum
DH-1 3 None
DH-2 zone (a) 3 20
zone (b) 3 10

E. Story Heights. (See also Section 5.2.06.)


1. Table 5.8.02.E.1 provides for the height of each story of the main building.
Unless otherwise specified, story height is measured in feet from the floor of a
story to the floor of the story above it.

Table 5.8.02.E.1. Building and Story Heights


Subarea Permitted Story Height (ft.)

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Ground Floor Upper Floors


Minimum Maximum Minimum Maximum
CC, TCC 12 24 - 14
All others 12 18 - 14

2. 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.
3. Story height requirements apply only to street facing façades, however, no
portion of a story of the building shall exceed the maximum permitted story
height.
4. A building incorporating both a half story within the roof and a visible basement
shall count the height of the two and one-half (2½) stories as one (1) full story. “

Section 5. That Title V, Chapter 61, Subsections F., G., and H. of Section 5.8.02. of the
Code of the City of Grand Rapids be deleted.

Section 6. That Title V, Chapter 61, Table 5.8.03.D. of Section 5.8.03. of the Code of
the City of Grand Rapids be amended to read as follows:

Sec. 5.8.03. Grand River Overlay District (OD-GR).

Table 5.8.03.D. Site Layout and Building Placement: Grand River Overlay District
Lot Area and Width As required in the base Zone District.
Street side As required in the base Zone District.
All buildings shall maintain a minimum setback of 30% of the lot depth, but in
Front no case shall the required setback exceed 50 ft. or be less than 30 ft. from
Setback River side the river walk, floodwall, shore or dock line of the Grand River, whichever is
applicable. A setback may be reduced through an Optional Plan Review by
the Planning Commission.
20 ft. minimum setback on one side; other side yard may be developed at the
property line or at a minimum distance of 5 ft.
Side Yard Setback A side yard setback may be reduced to 5 ft. on a side lot line that borders a
permanent public open space. The remaining side yard may be developed at
the property line or at a minimum distance of 5 ft.
Uncovered, outdoor seating areas may extend into a front yard, provided that
“Permitted Yard
a minimum of 14 ft. is maintained between the river walk, floodwall, shore or
Encroachment
dock line of the Grand River, whichever is applicable.”
Greenspace 30% of lot area.

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Section 7. That Title V, Chapter 61, Subsection E. of Section 5.8.03. of the Code of the
City of Grand Rapids be amended to read as follows:

Sec. 5.8.03. Grand River Overlay District (OD-GR).

E. “Building Elements. All development in the OD-GR District shall comply with the
requirements in Table 5.8.03.E. Where specified in this Section, these requirements
supersede the building element requirements of the Zone District. Where not
specified, the requirements of the underlying Zone District requirements shall
prevail.

Table 5.8.03.E. Building Height and Step-backs: Grand River Overlay District
Subarea Permitted Max. Step-backs Notes
height height
(stories) with
Min. Max. bonuses Option A Option B
(40% linear (30% linear
frontage along all frontage along all
bldg. faces) bldg. faces)
DH-1 3 None None None
2nd-11th floor – 15 ft 2nd-11th floor – 20 ft See
DH-2(a) 3 10 20 5.8.03.E.1.e
17-19th floor – 15 ft 17th-19th floor – 20 ft
2nd-4th floor – 15 ft 2nd-4th floor – 20 ft See
TCC 3 5 7
5.8.03.E.1.e

1. Step-backs.
a. Purpose and intent. A step-back is a portion of a building or structure that is
recessed from the base of the structure at a defined story. The requirements
for building step-backs are intended to ensure compatibility of 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. To encourage public access to the river, some of the step-back
requirements may be waived if said access is provided.
b. Applicability.
i. A step-back is required per the regulations of Table 5.8.03.E.
ii. In the Grand River Overlay District, step-backs are required on all building
faces (river, street, and two sides).
c. DH-2(a) requirements.
i. For buildings 11 stories or taller, one (1) step-back is required somewhere
between the 2nd and 11th floors.
ii. For buildings 17 stories or taller, one (1) additional step-back is required
somewhere between the 17th and 19th floors.
iii. The step-back can either be 15 feet for 40 percent of the linear building
frontage (Option A), or 20 feet for 30 percent of the linear building frontage
(Option B).
iv. Administrative Departure. For buildings 17 stories or taller, an
Administrative Departure may be approved to allow one (1) step-back of

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30 feet for 40 percent of the linear building frontage or one (1) step-back
of 40 feet for 30 percent of the linear building frontage.
d. TN-TCC requirements.
i. For buildings six (6) stories or taller, one (1) step-back is required
somewhere between the 2nd and 4th floors.
ii. The step-back can either be 15 feet for 40 percent of the linear building
frontage (Option A), or 20 feet for 30 percent of the linear building frontage
(Option B).
e. Public access easement.
i. If a public access easement of a minimum of 15 feet is provided from the
public right-of-way to the river, the step-back requirement of Table
5.8.03.E. shall only apply to the river and street faces of the building.
ii. Administrative Departure. Where public access to the river already exists
within 100 feet, the side façade step-back requirement can be waived
without providing public access as described in 5.8.03.E.1.

Section 8. That Title V, Chapter 61, Section 5.8.03. of the Code of the City of Grand
Rapids be amended to add a new subsection F., to read as follows:

Sec. 5.8.03. Grand River Overlay District (OD-GR).

“F. Grand River Overlay District Bonus Height Criteria. Development projects in the DH-
2(a) Overlay District and TN-TCC Zone District that fall within the Grand River Overlay
District may qualify for height bonuses in accordance with Table 5.8.03.F. using the
criteria described below.

Table 5.8.03.F. Bonus Heights: Properties within Grand River Overlay District
Underlying Zone Bonus
Incentive/Bonus
District Stories
Parallel to river
Public access easement with trail 9
DH-2(a) (30 ft wide)
Public art 1
Parallel to the river
Public access easement with trail 2
TCC (30 ft wide)
Public art 1

1. Public Access Easement


a. To qualify for the bonus height, a public access easement at least thirty (30)
feet wide, extending across the entirety of the lot on the river side of the main
building shall be provided.
b. Access shall be through permanent easements and shall conform to the
provisions of urban open space of Section 5.11.14.B.3. Configuration and
Section 5.11.14.B.4. Availability.
c. A multi-use trail shall also be provided that conforms to the requirements of
the City Parks and Recreation Department.
2. Public Art.
a. A development that elects this bonus may use any of the following methods.

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i. Allocate one (1) percent of the estimated construction cost for a


permanent, on-site public art project(s). The artwork created must be
where the public can access the artwork during normal business hours or
continually view the artwork from off the site; or
ii. Contribute one (1) percent of the project's estimated construction cost to
the Arts Advisory Committee.
b. Regardless of the above method selected, the minimum required expenditure
shall be ten thousand dollars ($10,000.00).
c. Public art installations on private property shall be maintained by the property
owner.”

Section 9. That Title V, Chapter 61, Section 5.16.02. of the Code of the City of Grand
Rapids be amended to read as follows:

Sec. 5.16.02. Definitions.

STEP-BACK
“A horizontal portion of a building or structure that is recessed a specified distance from
the façade of the story immediately below it. Once a building façade has been stepped
back, it may not extend past the step-back line on a higher story.”

Prepared by Elizabeth Zeller and Kristin Turkelson

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Downtown Height Overlay and


Grand River Overlay

Attachment: SUMMARY (Downtown Height and GROL Zoning Ordinance Text


Within Grand
Current Proposed
River Overlay
(# of stories) (# of stories)
(# of stories)

DH-1 unlimited unlimited No impact

10 10
DH-2a 20
16 (with bonus) 20 (with bonus)

DH-2b 7 10 No impact

Bonuses
• Eliminate bonus structure in almost all cases
• Properties within GR Overlay – weighted incentive for access along
the river
• 9 story bonus for access along river
• 1 story bonus for public art along river

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Attachment: DESCRIPTION OF TEXT AMENDMENTS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Need for Text Amendments

The 2022 update of the Kent County Housing Needs Assessment reports that over the next five years,
Grand Rapids is projected to have a housing gap of 7,951 rental units and 6,155 for-sale units. The city’s
downtown is a key area where meeting that need can occur, as it is zoned for the highest residential density
in the city. The amendments proposed will help to meet that housing gap by allowing additional building
height by right in the Transitional City Center Zone District (TN-TCC) and the DH2a and DH2b Downtown
Height Overlay Districts in the City Center Zone District (TN-CC).

The amendments also restructure the incentivization of public amenities through allowing additional building
height in the Grand River Overlay District. The bonuses available in the Downtown Height Overlay District
have largely gone unused. By shifting these bonuses to the Grand River Overlay, we hope to see more
public access offered.

Due Diligence: Case Study Research

We studied other communities of similar sizes and scales in the United States and Canada to investigate
effective regulation on downtown building design. The following communities were researched: Toronto,
ON, San Marcos, TX, Ann Arbor, MI, Milwaukee, WI, Fort Collins, CO, Amherst, NY, Rochester, NY, and
Salt Lake City, UT.

Summary of Text Amendments

Height
• Increasing height by right in DH2a from 10 stories to 20 stories.
• Increasing height by right in DH2b from 7 stories to 10 stories.
• Increasing height by right in the TN-TCC from 4 stories to 5 stories.

Building Height: Maximum and with Bonuses


Existing Proposed
Max. building CC – DH2a 10 stories 20 stories
height CC – DH2b 7 stories 10 stories
TCC 4 stories 5 stories
Grand River As required in base zone district 10 stories
Overlay
Max. building CC – DH2a 16 stories N/A
height with CC – DH2b 12 stories N/A
bonuses TCC 5 stories When in Grand River Overlay:

7 stories
Grand River As required in base zone district 20 stories
Overlay

Height Bonuses
• Changing height bonuses available in the TN-TCC (new bonus structure only available when
property is in the TCC and Grand River Overlay District).
• Remove all height bonuses for properties within the DH2a or DH2b (new bonus structure only
available when properties also in the Grand River Overlay District).
• Moved height bonus table for Grand River Overlay into Sec. 5.8.03. (was previously located in Sec.
5.8.02.).

Progressive AE, Inc.


1811 4 Mile Road NE | Grand Rapids, MI 49525 | 616.361.2664 | progressiveae.com
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Memo
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Attachment: DESCRIPTION OF TEXT AMENDMENTS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Height Bonuses Available
Existing Proposed
Height CC – DH2a -Mixed-income housing When in Grand River Overlay:
Bonuses -15% - 2 stories
-30% - 4 stories -Public access easement w/ trail – 9 stories
-Green elements – 1 story -Public art – 1 story
-Public art – 1 story

CC – DH2b -Mixed-income housing N/A*


-5% - 1 story
-10% - 2 stories
-15% - 3 stories
-Green elements – 1 story
-Public art – 1 story
TCC Urban open space – 1-2 stories When in Grand River Overlay:
Mixed-income housing – 1 story
Transit station – 3 stories -Public access easement w/ trail – 2 stories
Affordable housing – 1 story -Public art – 1 story
Grand River -Public access easement See above.
Overlay -30 ft wide – 1 story
-Ea. 10 ft over 30 ft – 1 story
-Multi-use trail – 1 story
-River view overlook – 1 story
-Public amenity – 2 stories
-Public art – 1 story
-Green elements – 1 story
-Wetland habitat – 2 stories
-Ground floor retail – 2 stories
*No DH2b currently exists within the Grand River Overlay

Grand River Overlay


• Corrected error in section on “permitted yard encroachment.” 14 ft. must be maintained between
riverwalk, floodwall, shore or dock line, not 10 ft.
• To incentivize public access along the river, maximum height is artificially lowered in the DH2a to
10 stories. Can only build to 20 stories if public access easement with trail is provided (9 additional
stories), and a public amenity such as art is provided (1 story).
• Similarly, in the TCC, 7 stories in height can only be achieved when providing public access along
the river.
• In the Grand River Overlay, stepbacks are required on all faces of the building. The stepback
requirement can be waived on the building sides if public access from the street to the river is
provided.

Progressive AE, Inc.


1811 4 Mile Road NE | Grand Rapids, MI 49525 | 616.361.2664 | progressiveae.com
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Attachment: DESCRIPTION OF TEXT AMENDMENTS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Building Stepbacks in the Grand River Overlay
Existing Proposed
Building DH2a N/A Any building of 11 stories or more – 1 stepback
stepbacks between 2nd-11th stories that is:

15 ft deep for 40% linear bldg. frontage OR


20 ft deep for 30% linear bldg. frontage

Any building of 17 stories or more – 1 additional


stepback between 17th-20th stories that is:

15 ft deep for 40% linear bldg. frontage OR


20 ft deep for 30% linear bldg. frontage

DH2b N/A N/A*


TCC Any building of 5 stories or more –
1 stepback between 2nd-4th stories that is:

15 ft deep for 40% linear bldg. frontage OR


20 ft deep for 30% linear bldg. frontage
*No DH2b currently exists within the Grand River Overlay

Progressive AE, Inc.


1811 4 Mile Road NE | Grand Rapids, MI 49525 | 616.361.2664 | progressiveae.com
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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Sec. 5.6.08. Building Element Requirements.
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.

Table 5.6.08.A. Building Elements: Mixed-Use Commercial Zone Districts


Neighborhood TN MCN MON NOS Other
Classification Regulations
Zone District CC TCC TBA TOD C TOD C TOD
Height (stories)
Minimum required 3 2 2 2 - - - - - 5.6.08.B.
5.2.06.
Maximum, permitted See 4 5 4 3 3 4 3 4 2.5 5.6.08.B.
text 5.8.02.D.
Maximum, with See 5 - 7 6 7 6 8 - 5.6.08.B.
bonuses text See 5.8.03.E
text
Materials ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.C.
Façade, preservation and ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.D.
variation
Building orientation ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.E.
Entrance ✓ ✓ ✓ ✓ ✓ ✓ - ✓ ✓ 5.6.08.F.
Expression line ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.G.

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Minimum transparency (% of building wall area)
Ground-floor, non- 60% 60% 60% 60% 40% 60% 30% 60% 30% 5.6.08.H.
residential building 5.2.14.
façade
Upper floors, building 30% 30% 30% 30% 20% 30% 15% 30% 30%
sides and residential uses
Building step-back ✓ ✓ - ✓ - ✓ - ✓ - 5.6.08.I.
feature 5.8.02.D.
5.8.03.E
5.8.07.D.
Streetscape design ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 5.6.08.J.
5.11.13.
P = Permitted; S = Special Land Use; ✓ = Rules Apply; "-" = Not Applicable.

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 and other allowances based upon the
Gross Floor Area (GFA) of the development devoted to the features and the activity 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 to 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.
Table 5.6.08.B.3. Bonus Table
Activity/Facility District Activity Bonus Bonus
Provided
Urban Open Space TCC, TOD, C Minimum site area 25% 1 story
(5.6.08.B.2.a.) 50% 2 stories
Mixed-Income TCC, TBA, TOD, C Minimum lot area/dwelling unit may be # of units
Housing reduced by up to 500 sq. ft. per unit for
(5.6.08.B.2.b.) providing a mix of affordable and market
rate
TCC, TOD, C Mix of affordable and market rate dwelling 1 story
units

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Transit Station TCC, TOD, PRD Transit station along the assigned Bus 3 stories
(5.6.08.B.2.c.) Rapid Transit (BRT) route as approved by
The Rapid
Micro-Unit TCC, TBA, TOD, C Minimum lot area per dwelling unit waived
(5.6.08.B.2.d)
Affordable Housing TCC, TBA, TOD, CMinimum lot area/dwelling unit (See Sec. # of units
(5.6.08.B.2.e) 5.8.08.2.e.i)
Minimum lot area/dwelling unit (See Sec. # of units
5.8.08.2.e.ii)
TCC, TOD, C Minimum lot area/dwelling unit (See Sec. 1 story
5.8.08.2.e.ii)
Bonus heights for the TN-CC and TN-TCC Zone Districts are described in Sections 5.8.02. and 5.8.03. under the
OD-DH Overlay District.

b. Mixed-Income Housing Bonus. Two (2) bonus options are available for development projects that
satisfy the criteria below: 1) 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, and/or 2) within
the TCC, TOD and C Zone Districts, one (1) additional story may be permitted above the
maximum permitted by the Zone District.
i. Project is located within three hundred (300) feet of a transit line, 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

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
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. 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 no more than three
hundred (300) feet from a transit station or stop;
iii. In addition to required vehicle parking per Section 5.10.04.C., two (2) bike spaces per unit
are provided, and;
iv. The unit shall be subject to the occupancy limitations of the International Property
Maintenance Code, as amended.
e. Affordable Housing Bonus. Affordable Housing Bonuses. There are two bonus alternatives
available for Multiple-Family developments in accordance with the provisions of Table 5.6.08.B.
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: This alternative contains two (2) bonus opportunities: a density bonus and a
height bonus: 1) the minimum lot area per dwelling unit may be reduced by up to one
thousand (1,000) square feet per dwelling unit, and/or 2) within the TCC, 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.
iii. The Affordable Housing Bonus, as permitted in subsections i. and ii. above, are available
only when the following conditions are met:
1) The affordable units shall be comparable in unit sizes, amenities and location
with the market rate units.
2) 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.
3) 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.

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
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) pound 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.

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
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. Façade 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.

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
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.

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
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.

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Attachment: Sec._5.6.08.___Building_Element_Requirements. (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
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 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)

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Attachment: Sec._5.8.02.___Downtown_Height_Overlay_District__OD_DH. (Downtown Height and GROL Zoning Ordinance Text Amendments -
Sec. 5.8.02. Downtown Height Overlay District (OD-DH).
A. Purpose.
1. The purpose of the Downtown Height Overlay District (OD-DH) is to allow a variety of building heights
in the areas within and surrounding what is generally recognized as Grand Rapids' Downtown. In
addition, certain qualifying development incentives are provided in recognition of the need to
provide for a suitable mix of residential, retail, employment centers, and urban open space that is
essential for the creation of an attractive, pedestrian-friendly, vibrant, and economically sustainable
central business district.
2. In addition, these incentives promote an environment that enhances property values, contributes to
quality of life and sustains the Downtown as a regional asset. To this end, the Downtown Height
Overlay District provides for certain incentives that permit building heights above the permitted base
building heights to encourage certain development characteristics the City has deemed of value in
creating highly livable, walkable, and vibrant environments.
3. The District is further intended to recognize the need to have varying intensities of development from
the densest levels of development in the city core to the edges of commercial area that begin to
transition into less intensely developed areas and residential neighborhoods. To this end, the District
establishes certain subareas to account for height and incentive differences.
B. Applicability. Map A of the Zoning Map depicts the boundaries of the area covered by the Downtown Height
Overlay District and its subareas. The height requirements of the Height Overlay District are in addition to the
requirements of the Zone District in which an individual property is located. All other applicable requirements
of each district remain in effect.
C. Downtown Height Overlay Subareas.
1. The Height Overlay District establishes two (2) subareas, as noted in Table 5.8.02.D. each of which has
height regulations applied. Additional bonus height provisions are available for properties that fall
within both the Height Overlay District subarea and the Grand River Overlay District of Section
5.08.03.
2. Purposes. A series of density incentives, provided through variations in building height, are provided
to help describe a smooth transition from the most intensively developed core of the downtown to
the residential neighborhoods with a transition that steps down building heights from the core to
these neighborhoods.
a. DH-1. The purpose of this subarea is to permit the greatest intensity of land use to create
a core of development density for a wide variety of uses that are mutually supportive and
serve regional needs, including hotels, restaurants, employment centers, medical centers,
entertainment venues, and others. These uses are also intended to create an active,
vibrant core.
b. DH-2. This subarea largely surrounds the core and near-core downtown areas, including
areas on the west side of the Grand River, with a number of cultural and institutional uses
important to the city and region. It is intended as a transitional area between the more
intense development of DH-1 and the edges of downtown and nearby neighborhoods.
While still relatively intensively developed, the lower building heights provide transition
from the core. The subarea is divided into two zones, DH-2(a) and DH-2(b), to help
reinforce the transition of building heights.

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Attachment: Sec._5.8.02.___Downtown_Height_Overlay_District__OD_DH. (Downtown Height and GROL Zoning Ordinance Text Amendments -
D. Permitted Height. Table 5.8.02.D. describes the minimum and maximum permitted heights for buildings within
each Height Overlay Subarea, including potential bonuses as described in Section 5.8.02.G. Heights are
measured in stories as provided in E, below.
Table 5.8.02.D. Building Heights
Subarea Permitted Height (stories) Maximum Height
Minimum Maximum With Bonuses*
DH-1 3 None None
DH-2 zone (a) 3 10 20 16
zone (b) 3 7 10 12
* See Table 5.8.02.G.2. for bonus story provisions.

E. Story Heights. (See also Section 5.2.06.)


1. Table 5.8.02.E.1 provides for the height of each story of the main building. Unless otherwise
specified, story height is measured in feet from the floor of a story to the floor of the story above it.
Table 5.8.02.E.1. Building and Story Heights
Subarea Permitted Story Height (ft.)
Ground Floor Upper Floors
Minimum Maximum Minimum Maximum
CC, TCC 12 24 - 14
All others 12 18 - 14

2. 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.
3. Story height requirements apply only to street facing façades, however, no portion of a story of the
building shall exceed the maximum permitted story height.
4. A building incorporating both a half story within the roof and a visible basement shall count the
height of the two and one-half (2½) stories as one (1) full story.
F. Bonus Height Allowance.
1. Height bonuses are offered as incentives to encourage uses and amenities that implement the Master
Plan. A bonus height allowance permits a project to extend beyond building height limitations as
permitted in Table 5.6.08.A., Building Elements Table, where the project includes certain qualifying
features.
2. Qualifications.
a. Buildings shall qualify for a bonus height allowance based on the criteria noted in the
qualifying features and the criteria established in Sections 5.8.02.H., as applicable.
b. Development projects that fall within both the Downtown Height Overlay and Grand River
Overlay Districts may qualify for height bonuses in accordance with Table 5.8.02.G.2. using
the criteria described in Section 5.8.02.G-H. Total combined stories shall not exceed the
maximum shown in Table 5.8.02.G.2.
c. All facilities included in the bonus story provisions shall be required to receive any
applicable approvals required by this Chapter.
Table 5.8.02.G.2. Bonus Height Table

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Attachment: Sec._5.8.02.___Downtown_Height_Overlay_District__OD_DH. (Downtown Height and GROL Zoning Ordinance Text Amendments -
Height Subarea Incentive/Bonus (See Section 5.8.02.G-H.) Bonus Maximum
Stories Stories
with
Bonus
DH-1 None None None
DH-2(a) Minimum of mixed income 15% 2 16
residential units 30% 4
Green elements 1
Public art 1
DH-2(b) Minimum of mixed income 5% 1 12
residential units 10% 2
15% 3
Green elements 1
Public art 1
Bonus Heights - Properties within Downtown Height Overlay and Grand River Overlay Districts
Grand River Overlay Public access easement 30 ft. 1 As
required
in the
Height
Subarea
Each 10 ft. over 30 ft. 1
Multi-use trail 1
River view overlook 1
Public amenity 2
Public art 1
Green elements 1
Wetland habitat 2
Ground floor retail 2

G. Downtown Height Overlay District Bonus Height Criteria. Development projects in a Downtown Height
Overlay District may qualify for height bonuses in accordance with Table 5.8.02.G.2 using the criteria
described below.
1. Mixed Income Residential.
a. To qualify, the percentage of qualifying units shall be priced for households at or below one
hundred twenty (120) percent of Area Median Income, as adjusted for family size, with rates
remaining at that percentage level for at least fifteen (15) years.
b. The remaining units shall be priced at market rate.
c. The units to qualify for the bonus shall be comparable in unit sizes, amenities and location with
the market rate units.
d. Provisions shall be made for certification of eligible tenants and purchasers, annual certification
of rental property and monitoring of mixed income housing requirements. A density agreement
shall be approved by the City Commission.
e. In lieu of providing for this bonus, the applicant may provide a payment to the Affordable
Housing Fund established by the City Commission.

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Attachment: Sec._5.8.02.___Downtown_Height_Overlay_District__OD_DH. (Downtown Height and GROL Zoning Ordinance Text Amendments -
2. Green Elements. At least two (2) of the following elements shall be provided to qualify for the Green
Elements Bonus.
a. Any of the systems of Section 5.11.15 Alternative Energy that are otherwise permitted in the
Zone District in which the development is located.
b. 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). Stormwater management features incorporated into open spaces shall be designed by a
licensed design professional. All permeable paving materials shall be maintained in an unbroken
condition and shall be regularly swept and vacuumed to prevent blockages of sand, sediment, or
other materials that would impair their permeability to water as originally designed.
c. Development is designed to exceed current minimum Michigan Energy Code and ASHRAE 90.1
energy efficiency standards by 25%; and U.S. Environmental Protection Agency Office of Water
including EPA laws and Department of Energy regulations and Uniform Plumbing Code interior
water use efficiency standards by 40%. Compliance to be documented using United States Green
Building Council's LEED, Green Building Initiative's Green Globes, or another generally recognized
system.
d. Incorporation of bicycle parking facilities, to include shower and clothing locker facilities for
bicycle commuting employees or patrons, meeting the applicable requirements of Section
5.10.10.
e. Submission of a Transportation Demand Management (TDM) program approved by the Director,
following review by the City Engineer and Mobile GR. The TDM program may include a
combination of carpooling, vanpooling, ridesharing, guaranteed ride home, telecommuting,
and/or shuttle service programs; staggered or alternative work scheduling, allowing employees
to arrive and depart at different times so that peak traffic demands associated with mass shift
changes are minimized; or other TDM measures designed to moderate traffic demands on
adjacent streets.
3. Public Art.
a. A development that elects this bonus may use any of the following methods.
i. Allocate one (1) percent of the estimated construction cost for a permanent, on-site public
art project(s). The artwork created must be where the public can access the artwork during
normal business hours or continually view the artwork from off the site; or
ii. Contribute one (1) percent of the project's estimated construction cost to the Arts Advisory
Committee.
b. Regardless of the above method selected, the minimum required expenditure shall be ten
thousand dollars ($10,000.00).
c. Public art installations on private property shall be maintained by the property owner.
H. Grand River Overlay District Bonus Height Criteria. Development projects that fall within both the Downtown
Height Overlay and Grand River Overlay Districts may qualify for height bonuses in accordance with Table
5.8.02.G.2 using the criteria described below. Heights for buildings in the Grand River Overlay District with
bonus heights shall not exceed the maximum heights provided in Table 5.8.02.G.2.
1. Public Access Easement.
a. To qualify for the bonus height, a public access easement at least thirty (30) feet wide, extending
across the entirety of the lot on the river side of the main building shall be provided.

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Attachment: Sec._5.8.02.___Downtown_Height_Overlay_District__OD_DH. (Downtown Height and GROL Zoning Ordinance Text Amendments -
b. Additional bonus height is available for each additional ten (10) feet over the thirty (30) feet
provided above.
c. Access shall be through permanent easements, and shall conform to the provisions of urban
open space of Section 5.11.14.B.3. Configuration and Section 5.11.14.B.4. Availability.
2. Multi-Use Trail. A multi-use trail shall conform to the requirements of the City Parks and Recreation
Department.
3. River View Overlook. A river view overlook of at least five hundred (500) square feet shall be designed
and constructed at or near the river's edge to provide significant views for pedestrians. The overlook
shall be available to the public and accessible from a public walkway. Approval of the design and
construction shall be in accordance with the applicable requirements of the Michigan Department of
Natural Resources and the Grand Rapids Parks and Recreation Department.
4. Public Amenity. The amenity area shall be not less than one-thousand five-hundred (1,500) square feet
of programmable recreational and entertainment space, including facilities for seating. No additional
parking is required for this facility.
5. Green Elements. This bonus provision is available if one (1) or more of the following is provided.
a. Creation of a green stormwater management and/or water quality feature that treats via green
roofs, water features, or infiltration the first three (3) inches of precipitation on the site in a
storm event by the City's Environmental Protection Services Department (EPSD). Stormwater
management features incorporated into open spaces shall be designed by a licensed design
professional. All permeable paving materials shall be maintained in an unbroken condition and
shall be regularly swept and vacuumed to prevent blockages of sand, sediment, or other
materials that would impair their permeability to water as originally designed.
b. Creation of wetland habitat terraces along forty (40) percent of the waterside property edge with
a width of twenty (20) feet from the ordinary high water mark to the river side edge of a multi-
use trail or public access easement.
6. Ground Floor Retail.
a. Development projects may qualify for a retail height bonus for retail uses, where permitted by
the base Zone District, that have frontage and public access on the river side of the main building
at ground level directly from the sidewalk or walkway.
b. For purposes of this bonus provision, retail use shall include the Use Classification of Commercial
as provided in Section 5.16.02.U., excluding Auto-Oriented and Office Uses.

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Attachment: Sec._5.8.03.___Grand_River_Overlay_District__OD_GR. (Downtown Height and GROL Zoning Ordinance Text Amendments -
Sec. 5.8.03. Grand River Overlay District (OD-GR).
A. Purpose. As Grand Rapids' most significant natural asset, the Grand River plays an important role in
enhancing the quality of life of its residents. The Grand River Overlay District is intended to capitalize on
the value of the Grand River as an essential economic, recreational and environmental resource by
encouraging land use changes from industrial to open space and mixed-use development. The Grand
River Overlay District seeks to introduce new development practices and land use patterns that enhances
the extent to which people can view, access and enjoy the riverfront by providing opportunities for
viewsheds, easements and recreational opportunities. It is intended that:
1. Visibility of the Grand River is increased and enhanced by requiring building setbacks that will
provide for improved views of the River.
2. Existing river walk segments be extended along the entire length of the Grand River to allow for a
continuous connection alongside the River for recreational and environmental quality purposes
through donation, acquisition and easements.
3. Wildlife corridors along the River's edges be supported through a continuous network of
greenspaces.
4. Water quality be improved with the introduction of less-intense, mixed land uses that are
setback from the River's edge as opposed to present, directly abutting industrial uses and paved
surfaces.
5. Building heights generally conform to nearby buildings along the river corridor to provide a sense
of visual continuity. Building heights should be configured to provide views to the Grand River
and other significant landmarks while allowing an appropriate development intensity.
6. A variety of people-oriented destinations be created along the river walk to provide visual
interest, activity and vibrancy. Mixed-use development and high-density residential construction
are essential components for encouraging pedestrian activity and public safety.
B. Applicability. The requirements of this Overlay District shall apply to any lot or parcel shown on the Grand
River Overlay Maps B1-B3, from the ordinary high water mark, floodwall or dock line, whichever is
applicable as determined by the Planning Director, on each side of and paralleling the Grand River.
C. Uses. All uses in the TN-Transitional City Center (TN-TCC) Zone District are allowed in the OD-GR District.
D. Site Layout and Building Placement Requirements.
1. Where a property directly abuts the Grand River, buildings shall be sited to encourage pedestrian
activity on both the street side and river side of the property.
2. All development in the OD-GR District shall comply with the requirements in Table 5.8.03.D.
unless otherwise expressly stated. Where specified, these requirements supersede the site
layout and building placement requirements of the base Zone District.
Table 5.8.03.D. Site Layout and Building Placement: Grand River Overlay District
Lot Area and Width As required in the base Zone District.
Front Street side As required in the base Zone District.
Setback River side All buildings shall maintain a minimum setback of 30% of the lot depth, but in no
case shall the required setback exceed 50 ft. or be less than 30 ft. from the river
walk, floodwall, shore or dock line of the Grand River, whichever is applicable. A
setback may be reduced through an Optional Plan Review by the Planning
Commission.

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Side Yard Setback 20 ft. minimum setback on one side; other side yard may be developed at the

Attachment: Sec._5.8.03.___Grand_River_Overlay_District__OD_GR. (Downtown Height and GROL Zoning Ordinance Text Amendments -
property line or at a minimum distance of 5 ft.
A side yard setback may be reduced to 5 ft. on a side lot line that borders a
permanent public open space. The remaining side yard may be developed at the
property line or at a minimum distance of 5 ft.
Permitted Yard Uncovered, outdoor seating areas may extend into a front yard, provided that a
Encroachment minimum of 10 14 ft. is maintained between the river walk, floodwall, shore or
dock line of the Grand River, whichever is applicable.
Greenspace 30% of lot area.

E. Building Elements. All development in the OD-GR District shall comply with the requirements in Table
5.8.03.E. Where specified in this Section, these requirements supersede the building element
requirements of the Zone District. Where not specified, the requirements of the underlying Zone District
requirements shall prevail.
Table 5.8.03.E. Building Height and Step-backs: Grand River Overlay District
Subarea Permitted Max. Step-backs Notes
height height with
(stories) bonuses
Min. Max. Option A Option B
(40% linear frontage (30% linear frontage
along all bldg. faces) along all bldg. faces)
DH1 3 None None None
2 -11 floor – 15 ft
nd th
2 -11 floor – 20 ft
nd th
See 5.8.03.E.1.e
DH2a 3 10 20 17-19th floor – 15 ft 17th-19th floor – 20 ft

2nd-4th floor – 15 ft 2nd-4th floor – 20 ft See 5.8.03.E.1.e


TCC 3 5 7

1. Step-backs.
a. For buildings of 8 stories or fewer, additional stories above the third story shall be
limited in dimension to 60% of the dimension parallel to the Grand River for the lower
floors, and 80% of the perpendicular dimension, on the river facing façade.
a. Purpose and intent. A step-back is a portion of a building or structure that is recessed
from the base of the structure at a defined story. 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. To encourage public access to the river, some of the step-
back requirements may be waived if said access is provided.
b. Applicability.
i. A step-back is required per the regulations of Table 5.8.03.E.
ii. In the Grand River Overlay District, step-backs are required on all building faces
(river, street, and two sides).

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b.c. DH2a requirements.

Attachment: Sec._5.8.03.___Grand_River_Overlay_District__OD_GR. (Downtown Height and GROL Zoning Ordinance Text Amendments -
i. For buildings 11 stories or taller, one (1) step-back is required somewhere
between the 2nd and 11th floors.
ii. For buildings 17 stories or taller, one (1) additional step-back is required
somewhere between the 17th and 19th floors.
iii. The step-back can either be 15 ft for 40 percent of the linear building frontage
(Option A), or 20 ft for 30 percent of the linear building frontage (Option B).
iv. Administrative Departure. For buildings 17 stories or taller, an Administrative
Departure may be approved to allow (1) one step-back of 30 ft for 40 percent
of the linear building frontage or (1) step-back of 40 ft for 30 percent of the
linear building frontage.
d. TN-TCC requirements.
i. For buildings six (6) stories or taller, one (1) step-back is required somewhere
between the 2nd and 4th floors.
iii.ii. The step-back can either be 15 ft for 40 percent of the linear building frontage
(Option A), or 20 ft for 30 percent of the linear building frontage (Option B).
c.e. Public access easement.
i. If a public access easement of a minimum of 15 ft is provided from the street to
the river, the step-back requirement of Table 5.8.03.E. shall only apply to the
river and street faces of the building.
ii. Administrative Departure. For buildings in the TN-TCC where public access to
the river already exists within 100 ft, the side façade step-back requirement
can be waived without providing public access as described in 5.8.03.E.1.
2. Materials. As required in the base Zone District, except that material requirements shall apply to
at least 60% of the building wall facing the river.
3. Façade variation. As required in the base Zone District, except that the requirements of the
District shall apply to the river side in addition to the street side.
4. Entrance.
a. All office buildings, retail sales and service establishments shall have a visible and
usable building entrance for customers on both the primary street side and the side
facing the river.
b. Primary building entrances, including those entrances facing the river, shall be clearly
identified using an awning, paving treatments, change in roofline or other features,
such as canopies, porticos, arcades, arches, wing walls, and integral planters.
c. Primary building entrances and exits shall be located on the primary street. Doorways
that open to the sidewalk or multi-use trail shall be recessed.
5. Expression line.
a. An Expression Line shall be provided to distinguish the base from the remainder of the
building to provide a design element that enhances the pedestrian environment. If
applicable, the height of the EL shall meet the prevailing scale of development in the
area.

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b. The EL may be created by a change in material, a change in design, or by a continuous

Attachment: Sec._5.8.03.___Grand_River_Overlay_District__OD_GR. (Downtown Height and GROL Zoning Ordinance Text Amendments -
setback, recess, or projection above or below the expression line. Elements such as
cornices, belt courses, corbelling, molding, stringcourses, ornamentation, awnings or
canopies, and changes in material or color or other sculpturing of the base, are
appropriate design elements to include with an EL.
6. Transparency. As required in the base Zone District, except that street side transparency
requirements of the District shall also apply to the river side.
7. Streetscape plan. Standards used by the City Engineer to determine appropriate street tree
plantings, walking surfaces and parkway landscaping shall be used where a City-recognized
streetscape plan for a defined area has not been adopted (see Section 5.11.13.C.).
8. Parking. Parking areas and parking structures shall be separated from the river by intervening
buildings, except:
a. Where retail space is provided on the ground floor of the parking structure, and at
least fifty (50) percent of its façade facing the river is used as display windows; or
b. Where a mural or other public art approved by the Planning Commission is provided
on the parking structure on the river side of the structure, or in a landscaped area
along the river.
c. Where a. or b. above, apply, the parking area or structure shall have a minimum
required front setback of thirty (30) feet from the Grand River.
9. Landscaping and access.
a. Land between the building and the river shall be landscaped and designed as an urban
open space for pedestrian use meeting the requirements of Section 5.11.14. Parking
areas shall meet the minimum screening requirements of Section 5.11.11.C.
b. Pedestrian walkways that connect to the river's edge shall be provided between
buildings, parking areas or structures, and other built features such as outdoor plazas
and courtyards.
c. Service areas and mechanical equipment shall be visually unobtrusive and shall be
integrated with the design of the site and building.
i. Utility boxes shall be positioned so they cannot be seen from the river or
Primary Street by locating them on the sides of buildings and away from
pedestrian and vehicular routes.
ii. Air intake and exhaust systems, or other mechanical equipment that generates
noise, smoke or odors shall not be located on the river side of buildings.
F. Grand River Overlay District Bonus Height Criteria. Development projects in the DH2a Overlay District,
DH2b Overlay District, and TCC Zone District that fall within the Grand River Overlay District may qualify
for height bonuses in accordance with Table 5.8.03.F. using the criteria described below.

Table 5.8.03.F. Bonus Heights: Properties within Grand River Overlay District
Underlying Zone District Incentive/Bonus Bonus
Stories
DH2a Public access easement with trail Parallel to river 9
(30 ft wide)

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Public art 1

Attachment: Sec._5.8.03.___Grand_River_Overlay_District__OD_GR. (Downtown Height and GROL Zoning Ordinance Text Amendments -
TCC Public access easement with trail Parallel to the river 2
(30 ft wide)

Public art 1

1. Public Access Easement


a. To qualify for the bonus height, a public access easement at least thirty (30) feet wide,
extending across the entirety of the lot on the river side of the main building shall be
provided.
b. Access shall be through permanent easements, and shall conform to the provisions of
urban open space of Section 5.11.14.B.3. Configuration and Section 5.11.14.B.4.
Availability.
c. A multi-use trail shall also be provided that conforms to the requirements of the City
Parks and Recreation Department.
2. Public Art.
a. A development that elects this bonus may use any of the following methods.
i. Allocate one (1) percent of the estimated construction cost for a permanent,
on-site public art project(s). The artwork created must be where the public can
access the artwork during normal business hours or continually view the
artwork from off the site; or
ii. Contribute one (1) percent of the project's estimated construction cost to the
Arts Advisory Committee.
b. Regardless of the above method selected, the minimum required expenditure shall be
ten thousand dollars ($10,000.00).
c. Public art installations on private property shall be maintained by the property owner.

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ARTICLE 16. DEFINITIONS

ARTICLE 16. DEFINITIONS

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Sec. 5.16.01. Rules of Construction and Organization.
A. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them
in this Chapter, except where the context clearly indicates a different meaning.
B. Rules of Construction: The following rules of construction apply to this Chapter:
1. The language of this Chapter shall be read literally. Regulations are no more or less stringent than
stated.
2. The particular shall control the general. For terms used in this Chapter, the use of a general or similar
term shall not be taken to be the same as the use of any other specific term.
3. In case of any difference of meaning or implication between the text of this Chapter and any caption or
illustration, the text shall control.
4. A building or structure includes any part thereof.
5. The term "used" includes the following meanings when used in context with the following terms:
arranged, designed, constructed, altered, rented, leased, sold, occupied, and intended to be occupied.
6. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items,
conditions, provisions or events connected by the conjunctions "and," "or" or "either . . . or," the
conjunction shall be interpreted as follows:
a. "And" indicates that the connected items, conditions, provisions or events apply.
b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in
any combination.
c. "Either … or" indicates that the connected items, conditions, provisions or events apply singly but
not in combination.
7. Unless otherwise specified, a "day" as used in this Chapter shall be a calendar day. If a deadline or
required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or
required date of action shall be the next day that is not a Saturday, Sunday, or City-observed holiday.
8. Unless otherwise stated, all calculations that result in a part or fraction of a whole number shall be
rounded up to the next highest whole number.
9. Any reference to Chapter, Article or Section shall mean Chapter, Article or Section of Chapter 61 of the
City Code, Zoning Ordinance, unless otherwise specified.
10. Terms not defined in this Chapter shall be given their ordinary and common meaning. Where not
otherwise evident, terms shall have the meaning given in the latest edition of Merriam Webster's
Collegiate Dictionary.

Sec. 5.16.02. Definitions.


A. Definitions—A.
ABUTTING or ABUTS

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The condition of two (2) adjoining parcels having a common property line or boundary but not
including lots separated by a street or alley. See ADJACENT.
ACCESSORY STRUCTURE

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
A building or structure that is subordinate in use and square footage to the principal use of land or
buildings, is customarily found in connection with and on the same lot as the principal use or main
building. Examples are garages, carports, sheds, gazebos, large play structures and greenhouses.
ACCESSORY USE
A use on the same lot that is customarily incidental, appropriate and subordinate to the principal use of
land or buildings.
ACT OF GOD
An event that directly and exclusively results from the occurrence of natural causes that could not
reasonably have been prevented by the exercise of foresight or caution.
ADJACENT
The condition of where two (2) or more parcels share common property lines or where two (2) parcels
are separated only by an alley, easement or street.
ADMINISTRATIVE DEPARTURE
A minor deviation from the requirements of this Chapter, as provided for in this Chapter and the
individual Zone Districts, and as reviewed and approved by the Director in accordance with Section
5.12.16.
ADMINISTRATIVE MANUAL
A document maintained by the Planning Department that serves as a user's guide to this Chapter. The
Administrative Manual may contain copies of application forms, fees, schedule and contact
information, additional definitions, and interpretations of the intent behind the language and
standards in this Chapter, but is not a part of this Chapter.
ADULT FOSTER CARE
See GROUP LIVING.
ADULT USES
See REGULATED USES.
AFFORDABLE HOUSING
Any form of group living or household living intended for low- or moderate-income persons and
families with incomes at or below eighty (80) percent of area median income, adjusted for family size;
and where monthly shelter costs do not exceed a designated percentage of that person's or family's
income, as used by the U.S. Department of Housing and Urban Development (HUD) or the Michigan
State Housing Development Authority (MSHDA).
ALLEY
See STREET, ALLEY.
ALTERATION
Any change, addition or modification in construction or type of occupancy or any change in the
structural members of a building, such as walls or partitions, columns, beams or girders, the
consummated act of which may be referred to in this Chapter as "altered" or "reconstructed."

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AMENDMENT
A change in the wording, context or substance of this Chapter, or a change in Zone District boundaries
or Neighborhood Classifications on the Official Zoning Map.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
ANIMAL, DOMESTIC
A small animal of the type generally accepted as pets including, but not limited to, dogs, cats, and fish,
but not including roosters, ducks, geese, pea fowl, goats, sheep, hogs or similar animals.
ANIMAL SALES, SERVICES AND DAY CARE
An establishment that includes sales, grooming or other services, or day time care of dogs, cats and
similar small animals. Typical uses include pet stores, dog bathing and clipping salons and pet grooming
shops but not including overnight boarding.
APPEAL
A procedure by which a decision or enforcement action from a body or individual authorized to make
an administrative decision under the provisions of this Chapter is disputed and submitted to the Board
of Zoning Appeals for review.
APPLICANT
The owner of property, or the representative of the owner authorized in writing, applying for
development approval.
APPROVAL
A formal action by a designated approving authority approving a plan, use, design, or progress or
completion of work as authorized by this Chapter.
APPROVING AUTHORITY
The body or official approving a use, design, or progress or completion of work as authorized by this
Chapter. See also REQUIRED REVIEWING AUTHORITY.
ARCADE
A continuous covered space fronting on and open to a street or publicly accessible open area.
ARCHITECTURAL ELEMENTS
That portion of a building containing any architectural projection, relief, cornice, column, change of
building material, or window or door opening. Also, ornamentation or decorative features attached to
or protruding from an exterior wall that add detail and/or finely-scaled features to a façade. Examples
are plinths, cornices, knee braces, columns, belt courses, chimneys, bay windows and other decorative
ornaments. Synonymous with Architectural Detail.
ARCHITECTURAL METAL
Metal panel systems, either coated or anodized, metal sheets with expressed seams, metal framing
systems, or cut, stamped, or case ornamental metal panels, but not including ribbed or corrugated
metal panel systems.
ARTICULATION
Shifts in the plane of walls, setbacks, step-backs, reveals, overhangs, and details in order to create
variations in a building's façade. Variations of a building's mass through the use of deep recesses,
diminishing upper floor areas, and/or projecting roof overhangs.
ARTISANAL AND CREATIVE INDUSTRY

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A use conducted for the production of quality products by skilled craft persons usually involving
workers who practice a trade or handicraft and produces products in limited quantities often using
traditional methods involving the use of hand tools and small-scale, light mechanical equipment. This

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
may include activities which are concerned with knowledge and information, such as advertising,
architecture, art, crafts, design, fashion, film, music, performing arts, publishing, software, toys and
games, TV and radio, and video games.
ASSEMBLY BUILDING
A building or structure designed and intended for use as a place of public assembly, with or without
fixed seats, for entertainment, business, social, religious, educational or other purposes. Examples of
assembly buildings include, but are not limited to auditoriums, cinemas, community centers,
convention centers, religious institutions, social or service clubs, sports arenas, and theaters.
ATTACHED
An addition to a main building that is integrated visually, structurally and architecturally with the main
building, has an attached roof with similar design to the main building, permits access between the
main building and the addition either internally or under the roof, and/or shares a common wall with
the main building or is connected to the principal structure by a completely enclosed space. A
completely enclosed space is an area under a roof which has solid walls at least eighteen (18) inches
high around its entire exterior, or which is completely screened, walled, or provided with glass from
floor to ceiling, so that the enclosed interior space is completely separated from the outside space.
AUDITORIUM
An establishment designed or used for the gathering of people seated as an audience; open to the
general public, with or without admission charge; and used primarily for public speaking or live
entertainment.
AUTOMATED TELLER MACHINE (ATM)
An automated mechanized consumer banking device operated by a financial establishment for the
convenience of its customers. ATMs may be provided as a drive-through use, outside of a financial
establishment, or a walk-up use in or on a structure unrelated to the financial establishment.
AUTOMOBILE
A motor vehicle designed for passenger or light cargo transportation, and for the purposes of this
Chapter include pick-up trucks, vans, motorcycles, sport utility vehicles, and similar vehicles.
AVERAGE
See MEAN AVERAGE (Arithmetic Mean) and MEDIAN AVERAGE.
AWNING
A retractable or fixed shelter projecting from and supported by the exterior wall of a building (i.e.
cantilevered) and constructed with non-rigid materials on a supporting framework. See also CANOPY
and MARQUEE.
B. Definitions—B.
BACK OF CURB
That portion of the back side of a street curb, typically six (6) inches from the face of the curb and
where the sidewalk or tree lawn begins. The face of the curb is the point where the curb meets the
street gutter line.
BALCONY

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A platform that projects from the exterior wall of a building above the ground floor, which is exposed
to the open air, has direct access to the interior of the building, and is not supported by posts or
columns extending to the ground.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
BANQUET HALL
An establishment that is used regularly for serving food or beverages to groups that have reserved the
facility for banquets or meetings prior to the event; and to which the general public is not admitted;
and for which no admission charge is imposed at the door.
BASE ZONE DISTRICT
The Zone District that applies to mapped areas as depicted on the Zoning Map, but not including any
Overlay Zone Districts.
BASEMENT
That portion of a structure between the floor and ceiling which has more than one-half (½) its height
below grade.
BED AND BREAKFAST
A private home providing accommodations to the traveling public in habitable units for compensation,
limited to short-stay facilities. This use includes the provision of approved related accessory and
incidental services such as eating and drinking, meeting rooms, and the sale of gifts and convenience
goods, not generally available to the public.
BERM
An elongated earthen mound capable of supporting live landscaping materials typically built to
separate, screen, or buffer adjacent incompatible uses, parking areas, or buildings, or other similar
features.
BIKE-SHARE FACILITIES
Bicycle parking, lockers, and other improvements used in a specific program operated by public or
private agencies intended to be used in a program for the common use of bicycles.
BLOCK
Land bounded by streets, not including alleys, or by a combination of streets and public land, railroad
rights-of-way, water bodies, or any other barrier.
BLOCK FACE
Land abutting one side of a street and lying between the two nearest intersecting or intercepting
streets, railroad rights-of-way, water bodies, or un-subdivided land.
BOARD, BOARD OF ZONING APPEALS, OR BZA
The Board of Zoning Appeals for the City.
BUFFER
Vegetative material, structures (e.g. walls, fences), berms, or any combination of these elements that
are used to separate and screen incompatible uses. See also SCREEN or SCREENING.
BUILDABLE AREA
The area of the lot within the limits of the required setbacks for a main building or structure. The
buildable area is the total area of a lot that can be built upon.

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BUILDING
An independent structure, either temporary or permanent, having a roof supported by columns or any
other support used for the enclosure of persons, animals, or property of any kind, or carrying on

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
business activities or other uses.
1. BUILDING ELEVATION. The front, side, or rear of a structure.
2. BUILDING FAÇADE. The building elevation facing a street.
3. BUILDING FRONTAGE. The length of any side of a building which fronts on a public street, a public
or private parking area, or a pedestrian walk where customer access to the building is available.
4. BUILDING HEIGHT. The maximum permitted vertical height of a building, as measured in feet or
stories.
5. BUILDING LINE. The edge of any required setback line in the Zone District, and the corresponding
boundaries forming the buildable area of a lot.
6. BUILDING, MAIN. A building or structure in which the primary permitted use of the lot is
conducted, with such use possibly occurring in one or more buildings or structures. Synonymous
with principal building or principal structure.
7. BUILDING MASS. The three-dimensional bulk of a building using: height, width, and depth.
BZA
The Board of Zoning Appeals for the City.
C. Definitions—C.
CALIPER
See TREE, MEASUREMENTS
CAMPUS
The area encompassing the grounds and buildings of a college, university, hospital or other institutional
or educational use.
CANOPY
A rigid multi-sided structure covered with fabric, metal or other material and supported in whole or in
part by posts embedded in the ground. Compare to AWNING and MARQUEE.
CARPORT
A roofed structure or shelter or portion of a building open on two (2) or more sides that is provided for
the purpose of sheltering one (1) or more vehicles.
CEMETERY
Land used or intended to be used for the burial of human remains or storage of cremated human
remains, including columbaria, crematories, mausoleums and mortuaries, when operated in
conjunction with, and within the boundary of, that cemetery.
CHARACTER
Those attributes, qualities, and features that make up and distinguish a building or structure, a group
of buildings or structures, or a neighborhood or a Zone District, and give it a sense of place, purpose,
function, definition, and uniqueness.
CHILD CARE

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A private home or facility in which minor children are received for care and supervision for periods of
less than twenty-four (24) hours a day, and where the parents are not immediately available to the
child.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
1. CHILD CARE CENTER. A facility, other than a private home, receiving one (1) or more preschool or
school age children for care and supervision.
2. CHILD CARE HOME, FAMILY. A private home in which one (1) to six (6) minor children receive care and
supervision, not including the children related to an adult member of the family by blood, marriage or
adoption. The term includes a home that gives care to an unrelated minor child for more than four (4)
weeks during a calendar year.
3. CHILD CARE HOME, GROUP. A private home in which seven (7) to twelve (12) minor children receive
care and supervision, not including the children related to an adult member of the family by blood,
marriage or adoption. The term includes a home that gives care to an unrelated minor child for more
than four (4) weeks during a calendar year.
CITY
City of Grand Rapids, Michigan. When "City" is capitalized, the reference is to the government of the
City of Grand Rapids; when "city" is not capitalized, the reference is to a geographic designation.
CITY CODE
The current City of Grand Rapids Code of Ordinances.
CITY FORESTER
The qualified forestry official or designee, as designated by the City Manager of the City assigned to
carry out duties related to trees on public and private property as provided by this Chapter and other
applicable City Ordinances.
CITY COMMISSION
The City Commission for the City.
CITY OFFICIALS
City officials who are duly elected or appointed to those offices or positions and includes anyone
designated by them or by any of their superiors to act in their place. Examples include City Manager,
Planning Director, City Clerk, and City Attorney, but shall not include members of appointed boards or
commissions.
CLEAR GLASS
Clear or lightly tinted glass in windows, doors, and display windows with a glass Visible Light
Transmittance (VLT) as regulated in Section 5.2.14.A. of this Chapter. See TRANSPARENCY.
CLEAR VISION AREA
The area at the intersection of two (2) streets, whether public or private, or a street and driveway
through which an unobstructed view of approaching traffic is necessary for pedestrians and drivers.
See Article 8 of Chapter 51 Streets of the City Code.
CLINIC
An establishment providing medical, dental, psychiatric or surgical treatment exclusively on an out-
patient basis, with no overnight stays. Clinics may provide examinations, diagnostic services and
medical treatment.
COMMERCIAL USE

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Any nonresidential use of a lot, building or structure as a principal use for financial gain, including but
not limited to entertainment activities, offices, personal services and retail sales.
COMMERCIAL VEHICLE

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
A vehicle designed, maintained or used primarily for the transportation of property or passengers in
furtherance of a commercial enterprise, including tow trucks and semi-trucks.
COMMISSION
See Planning Commission.
COMMON OWNERSHIP
See Ownership, Common.
COMMUNITY CENTER
A government or nonprofit facility used for recreational, social, educational, cultural, or advisory
services and activities. Services may be targeted to certain populations (e.g. youth, seniors) but
membership is available to the general public. Examples of services include but are not limited to:
parenting classes, counseling, tax assistance, health and fitness training, senior meals, and after-school
tutoring sessions; but does not include educational uses, religious institutions, , or social or service
clubs, operated as a principal use.
COMMUNITY GARDEN
A neighborhood- based development with the primary purpose of providing space for members of the
community to grow plants for beautification, education, recreation, community distribution or
personal use. Sites are typically managed by public or civic entities, nonprofit organizations or other
community-based organizations that are responsible for maintenance and operations.
COMMUNITY EVENT
A temporary outdoor use of land for the purposes of a gathering, including but not limited to a fair,
festival, celebration, or fundraiser.
COMPATIBILITY
The characteristics of different uses, activities or design that allow them to be near or adjacent to each
other in harmony. Characteristics may include height, scale, mass, and bulk of structures; pedestrian or
vehicular traffic, circulation, access, and parking impacts; and landscaping, lighting, noise, odor, and
architecture.
CONTIGUOUS
Adjoining or touching at some point.
CONVENIENCE STORE
A retail establishment with a limited sales area which may be a freestanding use or associated with
another principal use.
CREMATORY
An establishment that is involved in the purification and reduction of human bodies by fire.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
Architectural design, site design, and landscape design principles and standards intended to reduce the
fear and incidence of crime, and to improve quality of life.

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CRITICAL ROOT ZONE (CRZ)


See TREE PROTECTION.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
D. Definitions—D.
DECK
A roofless outdoor structure built as an above-ground platform supported by posts, at least one (1)
foot above average grade, which may or may not be attached to the main building or have railings or
steps.
DECORATIVE
Any architectural, physical, landscape, or natural feature or other element used to enhance an
architectural feature or complement an aesthetic feature of a property.
DENSITY
The gross number of dwelling units per acre of land, calculated by dividing the number of dwelling
units on a site by the gross acreage of the site, including dedicated rights-of-way within a site, and that
portion of existing dedicated rights-of-way adjoining a site that is between the street or alley centerline
and lot lines.
DEVELOPER
Any individual, firm, corporation, association, partnership or trust involved in commencing proceedings
to effect development of land.
DEVELOPMENT
The construction, reconstruction, remodeling, conversion, structural alteration, relocation,
enlargement, or demolition of any structure, proportion of a structure, or sign; any change in use in
land, building, or structure, or material change in the appearance of any structure; any increase in the
number of dwelling units, businesses, manufacturing establishments, or offices; any mining,
excavation, filling, grading, paving, or land disturbance; and any division of land.
DIRECTOR or PLANNING DIRECTOR
See Planning Director for the City, or designee.
DISPLAY WINDOW
A window integrated into the façade of a building behind which is an area intended for the display of
retail goods or promotional materials that is not intended for occupancy or which does not provide
direct line of sight into the habitable space beyond.
DRIP LINE
See TREE, MEASUREMENTS.
DRIVE-IN OR DRIVE-THROUGH
An establishment that by design, physical facilities, service or packaging procedures encourages or
permits customers to receive services, obtain goods or be entertained while remaining in their
vehicles.
DWELLING UNIT
A building or portion thereof which is used exclusively for human habitation, typically consisting of a
room or a suite of rooms designed, occupied or intended for occupancy as separate living quarters,

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with cooking, sleeping and sanitary facilities provided within the unit for use by one (1) household,
family or person only. See HOUSEHOLD LIVING.
DWELLING, LIVE-WORK

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
See LIVE-WORK DWELLING UNIT.
E. Definitions—E.
EASEMENT
The right to use property owned by another for access to another property or for a specific purpose,
including but not limited to utility placement, stormwater drainage, or pedestrian or vehicular access.
EDUCATIONAL USE
A facility offering classes, training courses, or skill development to the public or to members of an
organization. This use includes but is not limited to elementary, middle, or high schools; vocational,
business, technical schools or training centers; and colleges, and universities. May or may not include
residential facilities, such as dormitories, and other accessory facilities, such as cafeterias, restaurants,
retail sales, and other uses specifically related to the educational use.
ELEVATION DRAWING
A vertical view drawing of the front, side or rear of a structure that describes the design, floor-to-floor
dimensions, building height, window and door dimensions, and signs. See BUILDING ELEVATION.
ENCROACHMENT
The portion of a building, structure, equipment, or sign that intrudes into a required setback, right-of
way or easement.
ENTERTAINMENT, LIVE
Any event performed live by one (1) or more persons, whether done for compensation and whether
admission is charged, including but not limited to: Musical acts, karaoke, theatrical acts, standup
comedy, plays, revues, dance, magic acts, disc jockey functions or other similar activities, but not
including Regulated Uses, as defined by this Chapter.
ESSENTIAL SERVICES
1. The erection, construction, alteration or maintenance by public utilities, municipal departments
or commissions, or any governmental agencies, of underground or overhead gas, electrical,
steam or water transmission or distribution system, collection, communication, supply or
disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants, towers, electric substations, telephone
exchange buildings, gas regulator stations, and other similar equipment and accessories in
connection therewith, reasonably necessary for the furnishing of utility service by such public
utilities, municipal departments, commissions or any governmental agencies, or for the public
health, safety or welfare.
2. For the purposes of this Chapter, wireless communications towers and antennas are not
considered essential services, except where a communications facility that is used for the primary
purpose of providing local public safety communication services that directly transmit
information for fire protection, police protection, and basic or advanced life support to the City of
Grand Rapids Police and Fire Departments, as defined in a written contractual agreement
approved by the City Commission and uniquely connected to the Police Department data center.
ESTABLISHED AREA

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An area of existing development or lots used to determine lot, area, and building requirements.
ESTABLISHED (BLOCK)

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
A block that has been legally subdivided into lots of record, when considered relative to lot area and lot
width.
EVENT
A non-routine happening or social activity that brings people together for entertainment, business,
civil, social, religious, educational or other purposes.
F. Definitions—F.
FAA
U.S. Federal Aviation Administration
FAMILY
1. Any number of persons related by blood, marriage, adoption or guardianship, occupying a
dwelling unit and living as a single nonprofit housekeeping unit; or not more than four (4)
unrelated individuals eighteen (18) years of age or older living together in one (1) dwelling unit,
having a relationship which is functionally equivalent to a family. The relationship must be of a
permanent and distinct character, cooking as a single housekeeping unit with a demonstrable
and recognizable bond characteristic of a cohesive unit.
2. The following do not qualify as a family: Any society, club, fraternity, sorority, association, lodge,
organization, coterie, combine, federation, organization which is not a recognized religious order,
or group of students or other individuals where the common living arrangement or basis for the
establishment of the housekeeping unit is temporary and/or of resort-seasonal character in
nature. The term family does not include any adult foster care facility licensed under Public Act
No. 218 of 1979 (MCL 400.701 et seq.) except an adult foster care family home as defined in
Section 3 of that Act (MCL 400.703).
FARMERS' MARKET
The temporary outdoor sale, for an extended period, of an array of agricultural products, handmade
goods, and similar locally produced items (not including secondhand goods).
FEMA
U.S. Federal Emergency Management Agency, including any successor agency.
FENCE
A structure used to delineate a boundary or act as a barrier or means of protection, confinement or
screening.
FLEX-OFFICE
A facility including office, research, laboratory, manufacturing, clean assembly, warehousing, or other
related activities whose configurations and construction methods allow for easy conversion of interior
and exterior space.
FLOOR AREA
1. FLOOR AREA, GROSS (GFA). The sum of the gross area of each story of a building measured from
the exterior limits of the faces of the structure, or from the centerline of walls separating two (2)
buildings, including all areas of a building having a height of more than seven (7) feet, as
measured from the floor to the lowest point of the ceiling. Measurement of GFA does not include

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areas used exclusively for vehicle parking or loading and, in industrial areas, storage sheds with
less than one hundred fifty (150) square feet of space, bunkers, electrical substations, smoking
shelters, instrument shelters, and similar enclosures.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
2. FLOOR AREA, RESIDENTIAL The area of a residential dwelling unit that is the area within the
building measured from the exterior limits of the faces of the structure, but not including areas of
basements, unfinished attics, attached or detached accessory structures, breezeways, or
enclosed and unenclosed porches.
FOSTER CARE
See GROUP LIVING.
FRONTAGE
See BUILDING FRONTAGE or LOT FRONTAGE.
FUNERAL HOME OR MORTUARY
An establishment in which the human dead are prepared for burial or cremation, including areas used
to display funeral equipment, provide gathering spaces for viewing the body, and conduct funeral
services.
G. Definitions—G.
GARAGE (PRIVATE)
An outbuilding or accessory structure used primarily for the parking or storage of vehicles and
equipment for the use of the occupants of the main building or structure on the lot, with no facilities
for vehicle service or repair.
GARAGE SALE/YARD SALE/BASEMENT SALE
A sale of personal household goods and clothing on the same premises as a principal residential use.
GLARE
See Lighting, Glare.
GRADE
A reference plane representing the ground level adjoining a building or structure used for the purpose
of regulating the height of a structure measured at the level of the ground adjacent to the structure if
the finished grade is level.
1. GRADE, AVERAGE. If the ground is not entirely level, the elevation using the ground elevation on
each side of the structure, measured at six (6) feet from the exterior walls of the structure.
2. GRADE, EXISTING. The elevation or surface of the ground or pavement as it exists prior to
disturbance.
3. GRADE, FINISHED. The elevation or surface of the ground after all earthwork has been
completed, without a berm, measured at six (6) feet from the exterior walls of the structure.
GREENBELT
A landscape area serving as an obscuring screen, noise abatement or visual enhancement between
land uses or between a land use and a public right-of-way.
GREENSPACE

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All natural pervious open space at grade, including land covered with soil (and usually with lawns,
landscaping, or other plant materials) and water bodies, as required by this Chapter; and does not
include permanent structures, sidewalks, patios, decks, or pavement of any type including gravel.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Compare to OPEN SPACE and OPEN SPACE, URBAN.
GROUND COVER
Low-growing plants including grass that form a dense, extensive growth after one (1) complete growing
season and tend to be used to prevent weeds and soil erosion.
GROUND FLOOR or GROUND LEVEL ESTABLISHMENT
A building or portion thereof under separate ownership, lease, or management, which fronts on and
has its floor at the closest level to the street, and has a public entrance from a street.
GROUP LIVING
Residential occupancy of a dwelling unit by other than a household and providing communal facilities.
1. ADULT DAY CARE. A facility providing group care and supervision in a place other than their usual
place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled
and open during defined hours of operation to provide various care services, supervision and
social interaction for the elderly.
2. ADULT FOSTER CARE FACILITY. A facility for the care of adults over eighteen (18) years of age, as
licensed and regulated by the State of Michigan. It includes facilities and foster care homes for
adults who are aged, mentally ill, developmentally disabled, or physically disabled who require
supervision on an ongoing basis but who do not require continuous nursing care. It does not
include nursing homes, assisted living facilities, hospitals, alcohol or substance abuse
rehabilitation centers, or residential centers for persons released from or assigned to a
correctional facility.
a. ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to
receive not more than six (6) adults who are provided with foster care for five (5) or more
days a week and for two (2) or more consecutive weeks.
b. ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with the approved
capacity to receive thirteen (13) to twenty (20) adults, excluding licensee and staff, to be
provided with foster care.
c. ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved
capacity of not more than twelve (12) adults, excluding licensee and staff, who are
provided with foster care.
3. ASSISTED LIVING FACILITY. A combination of housing, supportive services, personalized
assistance or health care designed to respond to the individual needs of persons, typically the
frail or elderly, who need help with activities of daily living. These facilities may include a central
or private kitchen, dining, recreational or other service and support facilities, with separate
bedrooms or living quarters.
4. NURSING OR CONVALESCENT HOME. A State of Michigan licensed long term facility providing
accommodation and supervised medical and personal care on a twenty-four-hour basis for aged
or infirm persons. A hospital is not included in this definition. A state licensed:
a. Sub-acute care facility (comprehensive inpatient care designed for a patient who has had
an acute illness, injury, or exacerbation of a disease process; usually rendered either
immediately after or instead of acute care hospitalization, to treat specific active or

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complex medical conditions or to administer any necessary technically complex medical


treatments in the context of the person's underlying long-term condition);
b. Home for the aged;

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
c. Nursing home, or
d. Hospice facility providing twenty-four (24) hour care are included.
5. RESIDENTIAL REHABILITATION FACILITY. An adult residential care facility operated by a
government agency or private nonprofit organization that provides care and supervision on a
twenty-four-hour basis for the treatment of mental illness, alcohol or substance abuse, or other
long term illnesses along with temporary group living accommodations. Also includes "half-way
houses" for ex-prisoners making the adjustment from prison/jail to self-sufficiency.
6. ROOMING OR BOARDING HOUSE. A single-family detached dwelling which is owner-occupied and
serves as the principal residence of the owner; where are occupied by individuals who are not
related by blood, marriage or adoption to the owner; where two (2) or more rooms are occupied
under separate rental agreements or leases; and where communal facilities (such as a kitchen or
bathroom) are available to the occupants; and is not a hotel, motel or bed and breakfast.
7. SINGLE ROOM OCCUPANCY (SRO). A room in a dwelling that usually contains fifty (50) or more
units and is designed and intended for a single person's long-term accommodation that contains
either a bathroom or kitchen, but not both. A SRO facility is not an owner-occupied
rooming/boarding house, hotel, motel or bed and breakfast.
8. TRANSITIONAL OR EMERGENCY SHELTER. A residential facility operated by a government agency
or private nonprofit organization that provides temporary accommodations and on-site
management for homeless persons or families, or other persons requiring interim housing
arrangements.
H. Definitions—H.
HEDGE
A row of evergreen or deciduous shrubs planted close enough to form a solid barrier.
HEIGHT, BUILDING
See BUILDING HEIGHT.
HEIGHT, FENCE OR WALL
The vertical distance between finished grade and the highest point of the fence or wall to the top of
the fence or wall, including posts, finials, or other supporting structures.
HEIGHT, STRUCTURE
When not a building, the vertical distance between the finished grade and the uppermost part of the
structure.
HELIPORT
A landing area regularly used for landing and takeoff of helicopters, including landing pad, support
buildings and equipment for refueling, parking, maintenance or repair.
HELISTOP
A landing area regularly used for landing and takeoff of helicopters, without the support services
provided by a heliport, such as fueling stations, helicopter storage or other service or maintenance
facilities for routine use.

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HISTORIC STRUCTURE
A building or structure of historic value as designated in Chapter 68 Historic Preservation Commission
of the City Code and/or designated by the county, State or Federal government as historic landmarks

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
or structures.
HOME OCCUPATION
A business, profession, occupation or trade that is conducted within an owner-occupied principal
dwelling unit for the economic gain or support of a resident of the dwelling unit and is incidental and
secondary to the residential use.
HOSPITAL
A facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an
inpatient basis, including accessory facilities for outpatient and emergency treatment, diagnostic and
testing services, laboratories, training, research and administration, and services to patients,
employees or visitors.
HOUSEHOLD LIVING (DWELLING UNIT)
Residential occupancy of a dwelling unit by one (1) household, family or person. Typical uses include
those listed below. Household living does not include the facilities defined under GROUP LIVING.
1. DWELLING UNIT, ACCESSORY. A secondary and clearly subordinate dwelling unit that is contained
within a detached single-family dwelling (primary dwelling unit), included within an accessory
structure, or separate from but located on the same lot as a detached single-family dwelling. Also
known as a "granny flat."
2. DWELLING UNIT, ATTACHED SINGLE-FAMILY. A single-family dwelling attached by a common
vertical wall. This term includes town houses and row houses.
3. DWELLING UNIT, DETACHED SINGLE-FAMILY. A principal structure intended for occupancy by a
single household, on a separate lot or parcel, and not sharing common structural elements with
any other structure intended for occupation by another household.
4. DWELLING UNIT, HOME OCCUPATION. See HOME OCCUPATION.
5. DWELLING UNIT, LIVE-WORK. See LIVE-WORK UNIT.
6. DWELLING UNIT, MICRO-UNIT. A dwelling unit, included as part of a multi-unit development and
located in a Mixed-Use Commercial zone district, with a total gross floor area of no more than
four hundred seventy-five (475) square feet.
7. DWELLING UNIT, MULTIPLE-FAMILY OR MULTI-FAMILY. A building or lot containing three (3) or
more dwelling units, each of which is totally separated from the other units, any two (2) or more
of which may be provided with a common entrance or hall. Includes dwelling units on upper
stories of a structure with non-residential uses on other stories.
8. DWELLING, TWO-FAMILY (DUPLEX). A building on a single lot containing two (2) dwelling units,
each of which is totally separated from the other.
9. MANUFACTURED HOUSING COMMUNITY. See MANUFACTURED HOUSING (HOME) COMMUNITY
I. Definitions—I.
IMPERVIOUS SURFACE

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Any hard-surfaced, man-made area that does not readily absorb or retain water, including, but not
limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, and paved
recreational areas. Synonymous with non-pervious surface.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
IMPROVEMENT
Any building, structure, place, work of art, or other object constituting a physical betterment of real
property, or any part of the betterment.
INFRASTRUCTURE
Public or private structures that serve the common needs of the population, such as: potable water
systems; waste water disposal systems, solid waste disposal sites or retention areas; storm drainage
systems; electric, gas, telephone, cable, and other utilities; bridges; roadways; bicycle paths and trails;
pedestrian sidewalks, paths and trails; and transit stops.
INSTITUTION
A building or parcel occupied by a non-profit corporation or non-profit organization for public or quasi-
public activities.
INTEGRATED COMPLEX
A group of buildings contained within a single or joint development and under one (1) or more
approved plans.
INTENSITY
The degree to which land is used, referring to levels of concentration or activity in uses, expressed in
lot coverage, dwelling units per acre, parking needs, height, or other measurement used within this
Chapter.
J. Definitions—J.
Reserved for future use.
K. Definitions—K.
KENNEL
A facility for the boarding, breeding, raising, grooming, selling, training or other animal husbandry
activities for domestic animals.
L. Definitions—L.
LAND DIVISION ACT
The Land Division Act, Public Act 288 of 1967, as amended, or any successor acts.
LAND USE AND DEVELOPMENT SERVICES (LUDS)
A coordinated City program for the review, approval and monitoring of projects that involve the
development or redevelopment of land.
LAND USE AND DEVELOPMENT SERVICES (LUDS) PERMIT
A LUDS permit allows for approvals of grading, drainage, landscaping, paving, erosion control,
encroachments, permitted land use and similar activities.
LAND USE PLAN
The Future Land Use Map and accompanying text in the Master Plan.

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LANDSCAPING
The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground
cover, trees, shrubs, vines and other live plant material. In addition, a landscape design may include

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
other decorative natural materials, such as wood chips, boulders or mulch. Structural features such as
fountains, pools, statues and benches shall also be considered a part of landscaping if provided in
combination with live plant material.
LANDSCAPE SCREEN
A method of visually shielding or obscuring from view a screen comprised of fencing, walls, berms, or
plantings of sufficient height, length, and opacity to form a visual barrier.
LEED CERTIFIED
The LEED (Leadership in Energy and Environmental Design) Green Building Rating System is a voluntary,
consensus-based national standard for developing high performance, sustainable buildings.
LIGHTING
1. ACCENT LIGHTING. Back-lighted translucent panels or strip lighting affixed to any wall or roof
which serves to provide visual emphasis and attract attention rather than illuminate space for
human activity.
2. ARCHITECTURAL LIGHTING. Exterior lighting which primarily has an aesthetic purpose to
illuminate architectural features of a building or site.
3. AVERAGE ILLUMINATION LEVELS. The overall average of all points on the surface of the
illuminated area including the brightest and the dimmest points.
4. CUT-OFF FIXTURES. Cut-off fixtures control glare by directing light well below the horizon, out of
the viewer's line of sight.
5. DIRECT LIGHT. Light emitted directly by a lamp, off a reflector, or through a refractor of a
luminaire.
6. FIXTURE. The assembly that holds a lamp and may include an assembly housing, a mounting
bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.
7. FLOODLIGHT. A light fixture designed to light a scene or object to a level greater than its
surroundings. The beam of floodlights may range from narrow field angles of ten (10) degrees to
wide angles of over one hundred (100) degrees.
8. FOOT-CANDLE. A measure of light falling on a given surface measured both horizontally and
vertically. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining
on a square foot surface one (1) foot away.
9. GLARE. The condition that results from insufficiently shielded light sources or areas of excessive
light within the field of view.
10. ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IESNA). An association of
professionals in the field of lighting and related professions.
11. LAMP. The component of a luminaire that produces the actual light including luminous tube
lighting.
12. LIGHT EMITTING DIODE (LED). A semiconductor device that emits visible light when an electric
current passes through it.

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13. LIGHT POLLUTION. Artificial light which causes a detrimental effect on the environment,
enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent
properties or uses.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
14. LIGHT SHIELD. Any attachment which interrupts and blocks the path of light emitted from a
luminaire or fixture.
15. LUMINAIRE. The complete lighting system, including the lamp and the fixture.
16. LUMINAIRE, FULL CUTOFF. A luminaire that allows no direct light emissions above a horizontal
plane through the luminaire's lowest light-emitting part.
17. LUMEN. A measure of light energy generated by a light source.
18. MAXIMUM TO MINIMUM ILLUMINATION RATIO. The ratio of the maximum illumination level to
the minimum level.
19. MOUNTING HEIGHT. The vertical distance between the surface to be illuminated and the bottom
of the light source.
20. LIGHTING, PEDESTRIAN-SCALE. Devices intended to provide outdoor lighting that are lower in
height than typical street lighting and located proximate to pedestrian areas such as sidewalks,
open space areas or plazas.
21. RECESSED LIGHTING. Lighting that uses a luminaire mounted above a ceiling (or behind a wall or
other surface) with the opening of the luminaire level or behind the surface.
22. UNIFORMITY RATIO. The ratio of average illumination to minimum illumination.
LINER BUILDINGS
A series of smaller buildings that are part of a façade of a larger structure or as standalone perimeter
structures positioned to break up the mass of the structure. Typically used in conjunction with parking
structures.
LIVE-WORK DWELLING UNIT
A dwelling unit that contains limited commercial activities on the ground level of a multiple story
building.
LOADING AREA
Any entrance/exit into or out of a building that is used for the loading and unloading of materials by
trucks or other vehicles.
LOADING SPACE, OFF-STREET
Space provided for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part
of the required off-street parking.
LODGING, EXTENDED STAY
Provision of temporary lodging services of more than thirty (30) consecutive days and less than ninety
(90) consecutive days in duration.
LODGING, SHORT TERM
Provision of temporary lodging services of thirty (30) consecutive days or less in duration. The following
are considered short-term lodgings:
1. ONE ROOM RENTAL. An owner-occupied dwelling in which a single room, couch, or other
sleeping area is rented to no more than two adult guests overnight. The dwelling shall be the

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principal residence of the owner-operator and the owner-operator shall be on the premises
when the rental activity is occurring. Subject to a Class B Home Occupation License.
2. BED AND BREAKFAST. An owner-occupied detached dwelling in which the owner/operator rents

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
rooms to overnight guests where incidental food and drink may be offered only to those guests.
The dwelling shall be the principal residence of the owner/operator and the owner/operator shall
be on the premises when the Bed and Breakfast is active. Subject to a Class C Home Occupation
License.
3. HOTEL AND MOTEL. An establishment where short-term lodging is offered for compensation,
typically with a high level of guest services and may include on-site amenities such as pools,
restaurants, fitness centers and similar features. Hotels and motels shall be considered five (5) or
more bedrooms for the purposes of short-term lodging.
LOT
A parcel of land permitted by law to be used, occupied or intended to be occupied by one or more
main buildings or structures and accessory structures, together with yards and open spaces required by
this Chapter. A lot may or may not be specifically designated as such on public records. A lot may also
include a condominium unit and any limited common element (as defined by Act 59 of Michigan Public
Acts of 1978, as amended) under and surrounding the condominium unit, which together meet the
minimum yard and area requirements of this Chapter.
1. LOT AREA. The total horizontal land area within the lot lines of the lot, not to include public or
private rights-of-way.
2. LOT, CORNER
a. A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) streets
is less than one hundred thirty-five (135) degrees.
b. A lot abutting a curved street if the arc is of a smaller radius than one hundred fifty (150)
feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve
or the straight street line extended, form an interior angle of less than one hundred thirty-
five (135) degrees.
3. LOT COVERAGE. The part of the lot occupied by buildings or structures, accessory structures and
impervious surfaces, expressed as a percentage of the total lot area.
4. LOT DEPTH. For an interior lot, the horizontal distance between the front and rear lot lines,
measured along the midpoint between the side lot lines. For a corner lot, the horizontal distance
of the longer of the two (2) dimensions between the front lot line and the side lot line.
5. LOT FRONTAGE. The horizontal distance between the side lot lines measured at the point where
the side lot lines intersect with the street right-of-way. All sides of a lot that abut a street shall be
considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered
the lot frontage.
6. LOT, INTERIOR. Any lot not a corner lot.
7. LOT LINES. The lines bounding a lot. Synonymous with Property Lines.
a. LOT LINE, COMMON. A lot line separating one (1) lot from another lot.
b. LOT LINE, FRONT
i. For an interior lot, that line separating a lot from the street.
ii. For a corner lot, those lot lines separating the lot from the street.

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iii. For individual through lots, that line separating a lot from the street which
corresponds with the primary entrance of the building.
iv. For a row of double frontage lots, all sides of the lots adjacent to streets shall

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
be considered front yards.
c. LOT LINE, REAR. That lot line that is parallel or approximately parallel to the front lot line.
d. LOT LINE, SIDE. Any lot line other than the front lot line or rear lot line. A side lot line
separating an interior lot from another lot is an interior side lot line.
8. LOT OF RECORD. A parcel of land, described by deed and/or subdivision plat, filed with the Kent
County Register of Deeds.
9. LOT, THROUGH; DOUBLE FRONTAGE LOTS. An interior lot having frontage on two (2) more or less
parallel streets as distinguished from a corner lot, or a waterfront lot that abuts a street.
10. LOT, WATERFRONT. Any lot which directly abuts and has lot frontage on a natural water body.
11. LOT WIDTH. For an interior lot, lot width is the horizontal distance between the side lot lines,
measured at the required front setback or Required Building Line for the District in which it is
located.
LUDS
See LAND USE AND DEVELOPMENT SERVICES.
M. Definitions—M.
MAIN BUILDING
A building in which the principal use of the lot is conducted.
MANUFACTURED HOUSE (HOME)
A structure transportable in one (1) or more sections, connected to required utilities which includes the
plumbing, heating, air conditioning and electrical systems contained in the structure, built on a chassis
and designed to be used as a single dwelling unit with or without permanent foundation.
MANUFACTURED HOUSING (HOME) COMMUNITY
A parcel or tract of land which is under the control of one person, group or firm upon which three (3)
or more manufactured homes have been located on a continual non-recreational basis and which is
offered to the public for that purpose regardless of whether a change is made therefore, together with
any building, structure, enclosure, street, equipment, or facility used or intended for use incident to
the occupancy of a manufactured house.
MARIHUANA, also known as MARIJUANA, also known as CANNABIS.
The following words and phrases have the meanings ascribed to them when used in this Chapter:
1. CO-LOCATION means the siting and operation of a combination of multiple facilities or facility
types at a single location.
2. FACILITY means a location at which a license holder is licensed to operate under the MMFLA,
MRTMA, or other applicable state law and administrative rules and regulations. For purposes of
this Chapter, a facility does not include a location used by a primary caregiver to assist a
qualifying patient connected to the caregiver through LARA's medical marihuana registration
process in accordance with the MMMA.

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3. FACILITY PLAN means the plans required to be submitted to LARA in accordance with the
applicable state law and administrative rules and regulations that includes among other things
diagrams, floor plans, construction details, etc.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
4. GROWER means a person licensed to cultivate marihuana pursuant to MMFLA, MRTMA, or other
applicable state marihuana law.
1. Class A: A grower licensed by LARA to grow not more than one hundred (100) (recreational)
or five hundred (500) (medical) marihuana plants.
2. Class B: A grower licensed by LARA to grow not more than five hundred (500) (recreational)
or one thousand (1,000) (medical) marihuana plants.
3. Class C: A grower licensed by LARA to grow in excess of one thousand five hundred (1,500)
(medical) or twelve thousand (12,000) (recreational) marihuana plants.
4. Excess Grower: A grower licensed by LARA to grow in excess of thirteen thousand (13,000)
marihuana plants.
5. INFUSED PRODUCT means a topical formulation, tincture, beverage, edible substance, or similar
product containing marihuana and other ingredients and that is intended for human
consumption.
6. LARA means the Department of Licensing and Regulatory Affairs, and any successor agency to the
department.
7. LICENSEE means a person holding a state operating license.
8. LICENSING BOARD means the Medical Marihuana Licensing Board created by the MMFLA or
other entity managed by LARA for licensing purposes.
9. MARIHUANA means all parts of the plant Cannabis sativa L., growing or not; the seeds of that
plant; the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds or resin. Marihuana does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized
seed of the plant that is incapable of germination. Marihuana does not include industrial hemp
grown or cultivated, or both, for research purposes under the industrial hemp research act.
10. MICROBUSINESS means a person licensed to cultivate not more than one hundred fifty (150)
marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to
individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not
to other marihuana establishments.
11. MMMA means the Michigan Medical Marihuana Act, 2008 IL 1, as amended MCL 333.26424 et
seq.
12. MMFLA means the Michigan Medical Marihuana Facilities Licensing Act, 2016 P.A. 281, as
amended, MCL 333.27102 et seq.
13. MMFLA RULES means rules, including emergency rules, promulgated by LARA to implement the
MMFLA.
14. MEDICAL USE OF MARIHUANA. The acquisition, possession, cultivation, manufacture, extraction,
use, internal possession, delivery, transfer, or transportation of marihuana, marihuana-infused
products, or paraphernalia relating to the administration of marihuana to treat or alleviate a

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registered qualifying patient's debilitating medical condition or symptoms associated with the
debilitating medical condition, as defined under the MMMA.
15. MRTMA means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, as amended.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
16. PREQUALIFICATION STEP means the portion of the application for a state operating license
pertaining to the applicant's financial background and the criminal history of the applicant and
other associated persons.
17. PROCESSOR means a licensee that is a commercial entity located in this state that purchases
marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-
infused product for sale and transfer in packaged form to a provisioning center or another
processor.
18. PROVISIONING CENTER means a licensee that is a commercial entity located in this state that
purchases marihuana from a grower or processor and sells, supplies, or provides medical
marihuana to registered qualifying patients, directly or through the patients' registered primary
caregivers. Provisioning center includes a property where marihuana is sold to registered
qualifying patients or registered primary caregivers.
19. RECREATIONAL USE OF MARIHUANA means the acquisition, possession, cultivation, manufacture,
extraction, use, internal possession, delivery, transfer, or transportation of marihuana,
marihuana-infused products, or paraphernalia relating to the administration of marihuana for
recreational purposes, as defined by State law.
20. REGISTRATION FEE is the same as a license fee.
21. REHABILITATION FACILITY means a facility as licensed by LARA as a substance abuse disorder
program for the purposes of determining separation distances only.
22. SAFETY COMPLIANCE FACILITY means a licensee authorized to test marihuana, including
certification for potency and the presence of contaminants.
23. SECURE TRANSPORTER means a licensee that is a commercial entity located in this state that
stores marihuana and transports marihuana between marihuana facilities for a fee.
24. STACKED GROWER LICENSE means more than one (1) state operating license issued to a single
licensee to operate as a Class C grower as specified in each license at a facility.
25. STATE OPERATING LICENSE or, unless the context requires a different meaning, "license" means a
license that is issued under the MMFLA or other applicable state marihuana law that allows the
licensee to operate as a grower, processor, secure transporter, provisioning center, safety
compliance facility, or other marihuana-related business. State operating license does not include
a patient or caregiver registry identification card issued under MMMA.
MARQUEE
A shelter projecting from and supported by the exterior wall of a building and constructed of rigid
materials on a supporting framework. Compare to AWNING and CANOPY.
MASTER PLAN
The Master Plan for the City of Grand Rapids, including appropriate graphic and written materials
regarding the physical development of the City. The term "Master Plan" includes any unit or part of the
plan and any amendment to the plan or parts thereof, including any adopted Area Specific Plans.
MDEQ or DEQ
Michigan Department of Environmental Quality, including any successor agency.

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MDOT
Michigan Department of Transportation, including any successor agency.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
MEAN AVERAGE (ARITHMETIC MEAN)
The numerical value derived by dividing the sum of a set of numbers by the total of the numbers.
(Example: 50 + 100 + 75 = 225. 225 / 3 = 75. 75 is the mean.)
MEDIAN AVERAGE
The numerical value of an ordered set of values below and above which there is an equal number of
values. If there is no middle value, median is the arithmetic average of the two (2) middle values.
(Example: 40, 40, 48, 50, 60, 70, 71 = 50 is the median.)
MEZZANINE
An intermediate floor in any story occupying more than one third (⅓) of the floor area of that story.
MICHIGAN PLANNING ENABLING ACT or PLANNING ACT
Act 33 of 2008, as amended, or any successor acts.
MICHIGAN ZONING ENABLING ACT OR ZONING ACT
Public Act 110 of 2006, as amended, or any successor acts.
MID-BLOCK PATHWAY
A paved pathway dedicated to pedestrians and separated from vehicles that extend entirely through a
block from a street to a parallel street or alley.
MID-BUILDING PATHWAY
A pathway, dedicated to pedestrians, intended to provide safe, well-lit, and convenient access through
buildings from the public sidewalk to the rear or side of a building. Mid-building pathways may coincide
with mid-block pathways.
MIXED-USE
The development of a lot, tract or parcel of land, or building(s) with two (2) or more primary land use
components, such as residential and commercial uses, that are grouped into a visually compatible and
functional land use arrangement. Mixed-uses may be vertically or horizontally integrated within a
building or development site.
MLCC or LCC
Michigan Liquor Control Commission, including any successor agency.
MOBILE FOOD VENDING
Serving or offering for sale food and/or beverages from a cart, stand, trailer, wagon, vehicle, or any
other similar temporary or moveable unit.
MOTORCYCLE CLUB
A building, room or other facility which is used as a meeting or gathering place for five (5) or more
motorcyclists along with their motorcycles.
MUNICIPALITY
The City of Grand Rapids.
N. Definitions—N.

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NATIVE VEGETATION, TREES, OR LANDSCAPE


Plant species that are native to southwestern Michigan and characteristic of a pre-settlement
landscape.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
NEIGHBORHOOD CLASSIFICATION
One of three (3) areas within the city that share similar development characteristics, as established in
the Master Plan and Pattern Workbook, including: Traditional Neighborhood, Mid-20th Century
Neighborhood, and Modern Neighborhood, within which are individual Zone Districts, Permitted Uses,
Special Land Uses, and development requirements.
NONCONFORMING, NONCONFORMITY
1. NONCONFORMING BUILDING, NONCONFORMING STRUCTURE. A building or structure, or portion
thereof, lawfully existing at the effective date of this Chapter or amendments thereto, which
does not conform to the provisions of this Chapter.
2. NONCONFORMING BUILDING ELEMENT. Portions of the physical parts of buildings or structures
lawfully existing at the effective date of this Chapter or amendments thereto, but which no
longer conform to the provisions of this Chapter. Building elements may include, but are not
limited to, building materials, façades, entrances, expression lines, transparency, and other
similar elements as regulated by this Chapter.
3. NONCONFORMING LOT, NONCONFORMING LOT OF RECORD. A lot with area or dimension
lawfully existing at the effective date of this Chapter or amendments thereto with less than the
minimum area, dimension or access requirements or other lot requirement of this Chapter.
4. NONCONFORMING SIGN. A permanently affixed sign which was legally erected, constructed,
installed, placed or located on the effective date of this Chapter or amendments thereto, but
which no longer conform to the sign type, height, size, area, or location requirements of this
Chapter, but not including any temporary event sign, banner, or placard, including those affixed
to the interior or exterior of windows.
5. NONCONFORMING SITE ELEMENT. All or portions of site related features required by this
Chapter lawfully existing at the effective date of this Chapter or amendments thereto, but which
no longer conform to the provisions of this Chapter. Site elements may include, but are not
limited to, parking, landscaping, lighting, access, and other similar elements as regulated by this
Chapter.
6. NONCONFORMING USE. A use that lawfully occupied a building or land on the effective date of
this Chapter or amendments thereto, that does not conform to the use regulations of the district
in which it is located.
NON-RESIDENTIAL USE
A use of a lot, structure or building by a commercial, governmental or institutional, industrial or
transportation, or other use that is not suitable or intended to be used for human habitation.
O. Definitions—O.
OPEN SPACE
Land devoted to conservation or recreational purposes and/or land designated by the City to remain
undeveloped. Open space may include, but is not limited to: lawns, decorative plantings, walkways,
active and passive recreation areas, playgrounds, fountains, swimming pools, living plant materials,
wetlands and water bodies. Open space shall not include driveways, parking lots or other surfaces
designed or intended for vehicular travel.

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OPEN SPACE, URBAN


Open space required for certain developments in the SD-PRD, TN-CC, TN-TCC, TN-TBA, or TOD zone
districts.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
OUTDOOR ACTIVITY
Any enterprise, operation or activity that occurs outside of an enclosed building or structure as part of
a permissible use of a lot, including any outdoor display of materials, machinery, vehicles or other
items that may or may not be for sale or rent.
OUTDOOR DISPLAY
Merchandise displayed for public viewing in any space which is not enclosed, including, but not limited
to, balconies, patios, terraces, walkways, parking areas, lawns, or gardens.
OUTDOOR SEATING
An unenclosed area where seating is provided in association with a commercial use, including, but not
limited to seating on balconies, patios, terraces, walkways, lawns, or gardens.
OUTDOOR STORAGE
The keeping of any equipment, goods, junk, materials, merchandise, or vehicles in the same place
outside an enclosed building or structure for more than twenty-four (24) hours. This shall not include
the permitted display of vehicles or equipment for sale on a sales lot.
OVERHEAD WALKWAY
A pedestrian connection between structures over a public street.
OVERLAY ZONE DISTRICT
A Zone District with regulations that apply in place of, or in addition to, those of the base Zone District.
OWNER
Any person having legal or equitable interest in a property or in real improvements upon a property,
solely, jointly, by the entireties, or in common. Owner shall also mean any person who has been
empowered to act on behalf of, or as agent of the owner. For the purposes of enforcement, owner
shall also mean any person who has or exercises care, custody, dominion or control over any property.
OWNERSHIP, COMMON (as related to abutting nonconforming lots)
A condition in which a single owner possesses two (2) or more nonconforming lots of record or
combination of lots and portions of lots of record, in existence at the time of the passage of this
Chapter, or an amendment thereto.
OWNERSHIP, SINGLE
Holding record title, possession under a contract to purchase or possession under a lease by a person,
firm, corporation or partnership, individually, jointly, in common or in any other manner where the
property is or will be under a single or unified control.
P. Definitions—P.
PACKAGE GOODS STORE
A retail establishment licensed by the State of Michigan for the sale of beer, wine, liquor and other
alcoholic beverages (also known as package goods) for consumption off the premises, where the
package goods sales area comprises fifty (50) percent or more of the total sales area. Compare to
CONVENIENCE STORE.

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PARAPET
A low wall or railing raised above the edge of a roof.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
PARCEL
See Lot.
PARKING
An area on a street, in a paved lot or in a structure used for the temporary or permanent storage of a
vehicle.
1. PARKING, DEFERRED. A portion of the required off-street parking associated with a use that is not
installed at the time of construction, but delayed or deferred until the additional required parking
is determined to be needed.
2. PARKING DEMAND STUDY. An analysis of the total number of parking spaces required in order to
accommodate the maximum number of vehicles for parking purposes by a particular use or site
at any given time, including the parking requirements for all employees, occupants, clients and
visitors, based on the recommendations of the Institute of Traffic Engineers (ITE).
3. PARKING LOT. A paved area dedicated to vehicular ingress and egress, off-street parking, parking
aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not
including vehicular storage or display areas. Synonymous with parking area.
4. PARKING, OFF-SITE. An off-street parking area intended to serve one or more nonresidential
use(s) provided on a different lot than the use(s) it is intended to serve.
5. PARKING, OFF-STREET. A parking lot in a structure or in the open, which has access to a public or
private street and is not within the right-of-way of any public or private street or part of any off-
street loading space.
6. PARKING, SHARED. An off-street parking facility shared by two (2) or more uses that are in
proximity to one another, and that have different operational characteristics such that utilization
of the parking facilities by one use will not generally overlap with the utilization by the other
use(s).
7. PARKING SPACE. An area of definite length and width, exclusive of drives, aisles or entrances
giving access thereto, used for the parking of vehicles.
8. PARKING SPACE, ACCESSIBLE. A parking space with any additional space necessary for the ingress
and egress from the vehicle by a person with disabilities and any equipment needed for that
purpose.
9. PARKING SPACE, ON-STREET. A parking space within the right-of-way of a public or private street.
10. PARKING STRUCTURE. A structure designed to accommodate off-street parking that is fully or
partially enclosed or on the deck surface of a building. Includes the terms parking garage, deck
parking, and parking ramp.
11. PARKING, TANDEM. A parking space within a group of two (2) or more parking spaces or stalls
arranged one behind the other.
PARKING LOT ISLAND
A planting area within a parking lot landscaping requirements or assist in the designation of parking
aisles that is contained completely within the confines of a parking lot.
PARKING LOT LANDSCAPING

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Landscaped areas in and around a parking lot in specified quantities to improve the safety of
pedestrian and vehicular traffic, guide traffic movement, improve the environment and improve the
appearance of the parking area and site.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
1. PARKING LOT LANDSCAPING, INTERIOR. Vegetative material, structures (walls and fences),
berms, and associated ground cover within the interior of a parking lot or other vehicular use
area for the purposes of providing visual relief and heat abatement.
2. PARKING LOT LANDSCAPING, PERIMETER. Vegetative material, structures (walls and fences),
berms, and associated ground cover around the perimeter of a parking lot or other vehicular use
area for the purposes of screening the parking lot from off-site views when those areas are
adjacent to a street right-of-way or other development.
PARTY, RESPONSIBLE
See PERSON, RESPONSIBLE.
PARTY STORE
See CONVENIENCE STORE.
PATIO
A level, surfaced area adjacent to a main building which is not more than twelve (12) inches above
average grade, and without walls or a roof.
PEDESTRIAN
A person traveling on foot under their own power. For purposes of this Chapter, the term pedestrian
shall also include a wheelchair user.
PEDESTRIAN-ORIENTED DEVELOPMENT or ENVIRONMENT
Development designed with an emphasis primarily on sidewalks and pedestrian access to the site and
building rather than on vehicular access and parking. In most cases, the building is built close to the
sidewalk, building walls along the sidewalk include large windows, and the main entrance is oriented to
the sidewalk. Synonymous with pedestrian-friendly development or environment.
PEDESTRIAN SCALE
The use of human proportioned architectural features and site design elements clearly oriented to
pedestrian activity. These elements are typically smaller in scale and more proportional to the human
body, rather than monumental or large scale, and include surface texture and patterns, lighting, colors,
materials and architectural details.
PERMITTED USE
A use permitted by right in a Zone District, as listed in this Chapter. Compare to SPECIAL LAND USE.
PERSON
Any individual, corporation, government agency, business trust, partnership, two (2) or more persons
having a joint interest, or any other legal entity.
PERSON, RESPONSIBLE
Any person related to the use or development of the land, including participating, assisting, directing,
creating, causing, or maintaining a condition that results in a violation of this Chapter; The responsible
person may include an: architect, engineer, contractor, developer, agency, property owner, land
owner, tenant or occupant, or any other person who has control over, or responsibility for, the
property. Synonymous with responsible party.

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PERVIOUS SURFACE
Area maintained in its natural condition, or covered by a material that permits infiltration or
percolation of water into the ground.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
PLACEMAKING
The process and features that serve to create and identify specific and memorable qualities of a
location, including placemaking elements such as landscape, pedestrian amenities, unique architecture,
places of historic significance, and other similar features that together create a unique sense of place
for the viewer.
PLANNING ACT
The Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, or any successor acts.
PLANNING COMMISSION or COMMISSION
The Planning Commission for the City.
PLANNING DEPARTMENT
The Planning Department for the City.
PLANNING DIRECTOR or DIRECTOR
The Planning Director for the City, or his or her designee.
PLANTING
A tree, vine or shrub placed on or in the ground.
PLAYGROUND
An any outdoor facility intended for recreation, open to the public, and with any portion thereof
containing apparatus intended for the recreation of children.
PLAZA
A publicly- or privately-owned square or similar open area intended as a gathering space that is
typically paved and includes pedestrian elements such as benches, seating, fountains, landscaping and
public art.
PLINTH
A continuous, usually projecting course of stone or brick forming the base or foundation of a wall.
PORCH
1. ENCLOSED PORCH. A horizontal surface consisting of a deck, slab or other similar construction
attached to a main building and designed for outdoor seating or as a means of entry to the
building. A porch covered by a roof and enclosed by walls or windows.
2. OPEN PORCH. An unenclosed horizontal surface consisting of a deck, slab or other similar
construction attached to a main building and designed for outdoor seating or as a means of entry
to the building. A porch covered by a roof and open on the sides that does not abut the building,
including porches with railings, knee walls and screens.
PORTABLE COMMERCIAL SHIPPING CONTAINER
A container used for the temporary storage and/or transportation of property for any commercial
purpose.

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PORTABLE RESIDENTIAL STORAGE CONTAINER


A container used for the temporary storage and/or transportation of personal property. Synonymous
with temporary storage container.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
PRIMARY ENTRANCE
The doorway into a building that faces a public street and is of greatest importance relative to other
building entrances. The primary entrance is often the doorway facing the street on which the building
is addressed.
PRINCIPAL RESIDENCE
Principal residence shall have the same definition as that phrase is defined in the General Property Tax
Act, MCL 211.1 et seq.
PRINCIPAL USE
The primary use or activity taking place on a lot or in a building or structure, but not including any
accessory uses occurring on the same lot.
PUBLIC ASSEMBLY FACILITY
A building or other facility where congregations of people regularly attend to participate in or hold
meetings, workshops, lectures, civic activities, religious services, and other similar activities.
PUBLIC FACILITY OR USE
A facility including but not limited to a building, lot or infrastructure owned by a governmental entity or
is used to provide a governmental function, activity, service, or public benefit.
PUBLIC PARK
Land owned by, or dedicated to, the City for recreational use by the public.
Q. Definitions—Q.
QUOIN
Corner stones that anchor the edge of the building wall or decorative feature to imitate corner stones,
which wrap around the corner of an elevation and join two (2) abutting walls.
R. Definitions—R.
REAR YARD
See YARD.
RECESSED ENTRANCE
A doorway that is recessed into the face of the building to ensure that the open doors do not encroach
onto the sidewalk or other right-of-way, or to provide a sense of entry.
RECREATIONAL VEHICLES AND EQUIPMENT
Portable structures, machines or devices, self-propelled or towable by another vehicle, capable of
moving upon the highways without special movement permits; primarily designed, constructed or
modified to provide temporary living quarters or for recreational camping, or travel use and the trailers
and other devices as shall be primarily intended for the transporting of all the structures, machines, or
devices. Recreational vehicles and equipment include the following:
1. TRAVEL TRAILER. A portable vehicle on a towing chassis, which is designed to be used as a
temporary dwelling during travel, recreational, and vacation uses, and which may be identified by

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the manufacturer as a "travel trailer", which may include self-contained sanitary, water, and
electrical facilities, or a "fifth wheel". May otherwise be classified as a non-motorized
recreational vehicle.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
2. PICKUP CAMPER. A structure designed to be mounted on a pickup or truck chassis with sufficient
equipment to render it suitable for use as a temporary dwelling during the process of travel,
recreational, and vacation uses. May otherwise be classified as a non-motorized recreational
vehicle.
3. MOTOR HOME. A vehicle intended for temporary human habitation, sleeping, and/or eating,
mounted upon a chassis with wheels and capable of being moved from place to place under its
own power. Motor homes generally contain sanitary, water, and electrical facilities. This type of
recreational vehicle may be otherwise classified in any of the following classes:
a. A Class A or bus-type recreational vehicle has the luggage compartment below the living
quarter.
b. A Class B motorized recreational vehicle includes conversion vans and camper vans that
may contain refrigerator as well as water and electrical facilities. Otherwise known as a
van/camper.
c. A Class C recreational vehicle is a van with the bed over the cab and is much larger than a
passenger van due to the bed over the cab.
4. FOLDING TENT TRAILER. A folding structure, mounted on wheels for towing and designed for
travel and vacation use.
5. BOATS AND BOAT TRAILERS. Boats, floats, rafts, canoes, plus equipment customarily used to
transport them.
6. OTHER RECREATIONAL EQUIPMENT. Includes snowmobiles, jet skis, all terrain or special terrain
vehicles, utility trailers, plus equipment customarily used to transport them.
REDEVELOPMENT
Any expansion, addition, renovation, or major change to an existing building, structure or aspect of
development.
REGULATED USES
1. ADULT MOTION PICTURE THEATER. An establishment regularly used for presenting material
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas," as defined herein, for observation by
patrons therein.
2. ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE. A commercial
establishment which has significant or substantial portion of its inventory, or derives a significant
or substantial portion of its revenues, or maintains a significant or substantial section of its sales
and display space, to the sale or rental, for any form of consideration, of any one (1) or more of
the following:
a. Books, magazines, periodicals or other printed and/or electronic or digital matter, or
photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual
representations which are characterized by their emphasis upon the exhibition or
description of "specified sexual activities" or "specified anatomical areas."

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b. Instruments, devices, or paraphernalia which are designed for use or marketed primarily
for stimulation of human genital organs or for sadomasochistic use or abuse of themselves
or others.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
c. For purposes of this definition, the phrase "significant or substantial" means thirty (30)
percent or more of any term modified by that phrase.
3. SPECIFIED SEXUAL ACTIVITIES
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy;
c. Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast.
4. SPECIFIED ANATOMICAL AREAS
a. Less than completely and opaquely covered:
i. Human genitals, pubic region,
ii. Buttock, and
iii. The nipple and/or areola of the female breast.
b. Human male genitals in a discernible turgid state, even if completely and opaquely
covered.
5. ADULT CABARET. A nightclub, bar, juice bar, restaurant bottle club, or similar commercial
establishment, with or without alcoholic beverages, which regularly features:
a. Persons who appear nude or semi-nude,
b. Live performances which are characterized by the exposure of "specified anatomical areas"
or "specified sexual activities," or
c. Films, motion pictures, videocassettes, slides, electronic, digital or other photographic
reproductions which are characterized by their emphasis upon the exhibition or description
of "specified sexual activities" or "specified anatomical areas."
6. NUDE OR SEMI-NUDE MODEL STUDIOS. Any building, structure, premises or part thereof
regularly used solely or primarily as a place which offers as its principal activity the providing of
models to display any "specified anatomical areas" as defined herein for patrons for a fee or
charge.
7. REGULARLY FEATURES OR REGULARLY SHOWN. A consistent and substantial course of conduct
such that the films or performances exhibited on the premises constitute a significant or
substantial portion of the films or performances consistently offered as a part of the ongoing
business of the adult entertainment business.
8. SEXUALLY ORIENTED BUSINESS. An adult bookstore, video store, or novelty store, adult cabaret,
adult motion picture theater, or a commercial establishment that regularly features the sale,
rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or
other visual representation of live performances which are characterized by an emphasis on the
exposure of display of specified sexual activities or specified anatomical areas.
RELIGIOUS INSTITUTION

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A building owned or maintained by an organized religious organization for the purpose of regular
assembly for worship. Examples of religious institutions include but are not limited to: churches,
synagogues, mosques, temples, shrines, pagodas, and meetinghouses.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
REQUIRED BUILDING LINE (RBL)
A line to which all or part of a building is required to be built. Compare with SETBACK
REQUIRED REVIEWING AUTHORITY
The City Commission, Planning Commission, Board of Zoning Appeals, or Director. A required reviewing
authority may be either a recommending body or an approving authority, as provided by this Chapter.
RESIDENTIAL CHARACTER
A building form, neighborhood, or area that is intended primarily for human habitation, and includes
human-scaled detailing, pedestrian orientation, and attributes intended to encourage human activity
and interaction. This may include neighborhood scale commercial or service uses that do not affect the
overall residential character of a building or neighborhood.
RESIDENTIAL REHABILITATION FACILITY
See GROUP LIVING, RESIDENTIAL REHABILITATION FACILITY.
RESTAURANT
A business establishment at which food and drinks are provided to the public, primarily for on-
premises consumption by seated patrons.
RESTAURANT, DRIVE-IN/DRIVE-THROUGH
A business establishment with drive-in or drive-through facilities so that patrons may be served ready-
to-consume food and drinks in disposable containers, for consumption on or off the premises, and
while remaining in their vehicles.
RETAINING WALL
A wall or similar device used at a grade change to hold the soil on the up-hill side of the wall from
slumping, sliding, or falling, including but not limited to, segmental walls, masonry walls, poured-in-
place concrete walls, boulder walls, stacked railroad ties, and pre-split rock walls.
REZONING
The process described in this Chapter for changing the designation of a parcel to a different Zone
District or Neighborhood Classification.
RIGHT-OF-WAY (ROW)
An area owned or maintained by the City, Kent County, State of Michigan, federal government, public
utility, railroad, or private concern for the placement of utilities or facilities for the passage of vehicles
or pedestrians, including roads, streets, pedestrian walkways, utilities, or railroads.
ROOF LINE
The top edge of a roof or parapet, whichever is higher.
ROOT PROTECTION ZONE (RPZ)
S. Definitions—S.
SATELLITE DISH ANTENNA
A parabolic or dish-shaped antenna designed for the purpose of receiving radio or television signals.

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SCREEN OR SCREENING
A method of visually shielding or obscuring an abutting or nearby structure or use from another by
fencing, walls, berms, gates, parapets, penthouse enclosures, features of a building, or plantings of

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
sufficient height, length, and opacity to form a visual barrier.
SEASONAL SALES
The temporary sale of goods or products associated with the season or a cultural event, such as the
sale of Christmas trees, pumpkins, or seasonal produce, normally conducted by a single vendor.
SELF-STORAGE FACILITY
A building or group of buildings under single management that contain individual, compartmentalized,
and controlled access stalls or lockers for the storage of, and regular access to, residential or
commercial customer's goods or wares.
SERVICE AREAS, OUTDOOR
Loading and unloading spaces, trash removal and storage operations, ground level mechanical
facilities, or similar site uses.
SETBACK
The minimum distance required by this Chapter, measured from the front, side or rear lot line and/or
right-of way line which describes the point at which the nearest part of the applicable building,
structure, or sign, measured perpendicularly to the property line and/or right-of-way line shall be
places, unless otherwise permitted by this Chapter. Compare to REQUIRED BUILDING LINE.
SIDE YARD
See YARD.
SIGNS
See Sign Definitions of Section 5.15.17.
SITE CONDOMINIUM DEVELOPMENT
A development of one (1) or more condominium units on an unplatted tract of land, in which each
individual lot conforms to the requirements of the zone district in which it is located.
SOCIAL OR SERVICE CLUB
A nonprofit association of persons sharing a common interest or specific purpose who gather on a
regular basis for fellowship, recreation, promotional activities, charitable causes and other purposes.
Examples include civic clubs, fraternal lodges, veterans' organizations, ethnic halls, and private clubs.
Bona fide members are characterized by certain membership qualifications, payment of fees or dues,
and a constitution and bylaws. For the purposes of this Chapter, this definition shall also include the
building, room, or other facility restricted to the use of the social or service club's members and guests.
SOCIAL SERVICE FACILITY
A building used in whole or in part by a government or nonprofit organization for the provision of
counseling, social or advisory services to the general public or to targeted population groups (e.g.
seniors, youth, persons with mental illness), and where no residential care is provided.
SPECIAL LAND USE
A land use of a lot, building or structure listed in a Zone District in this Chapter that could have
additional effects related to the health, safety, convenience, and general welfare of users of nearby

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properties and the community as a whole, and for which additional scrutiny is needed. Compare to
PERMITTED USE.
SQUARE

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
A formal open space that provides safe and accessible places for the public to meet and gather. It may
provide shelters, benches, landscaping, public art, plantings, and greens or other flat, level surfaces.
STACKING AREA
A portion of a development and/or parking area at least twenty (20) feet long and dedicated to the
temporary storage or "stacking" of vehicles engaged in a drive-through use of the site.
STEP-BACK
A horizontal portion of a building or structure that is recessed a specified distance from the façade of
the story immediately below it. Once a building façade has been stepped back, it may not extend past
the step-back line on a higher story.
STOOP
An open platform or landing of stone, masonry, concrete or wood leading to an entrance to a building
with minimum dimensions of four (4) feet wide by three (3) feet deep and maximum dimension of six
(6) feet wide by five (5) feet deep. If railings are used or required they must be similar to the
architectural character of the building. Deck railing is prohibited. If wood is used it must be stained or
painted to match the buildings main or accent colors.
STORAGE BUILDING
Structures used for the storage or warehousing of goods, but not including temporary storage
containers such as portable on-demand units, self-storage facilities, or tractor trailers used for storage.
STORY
That part of a building, except a mezzanine, included between the surface of one floor and the surface
of the next floor, or, if there is no floor above, then the ceiling next above.
STORY, HALF
An uppermost story, lying under a sloping roof, having an area of at least two hundred (200) square
feet, with a clear height of seven (7) feet.
STREET
An existing or planned public or private right-of-way that is designed, dedicated, or used principally for
vehicular traffic and providing access to abutting properties. The term street includes avenue,
boulevard, circle, court, cul-de-sac, drive, place, road, or any other similar term.
1. STREET, ALLEY. A dedicated public or private way affording a secondary means of access to
abutting property, not intended for general traffic circulation.
2. PRIMARY AND SECONDARY STREET. Where two (2) or more streets are compared for relative
rank or importance, the primary street is the street with the higher(est) vehicle traffic counts.
3. PRIVATE STREET. A street easement which is privately-owned and maintained.
4. STREET FRONTAGE. The distance that a lot line adjoins a public or private street from one (1) lot
line intersecting the street to the furthest lot line intersecting the same street. See LOT
FRONTAGE.

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5. STREET FURNISHINGS. Outdoor amenities, including but not limited to tables, chairs, umbrellas,
landscape pots, wait stations, valet stations, bicycle racks, planters, benches, bus shelters, kiosks,
waste receptacles and other similar items that help to define pedestrian use areas.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
STREET CLASSIFICATIONS.
As defined in the Grand Rapids Street Classification Policy, as amended, and incorporated by reference
in this Chapter:
1. CITY COLLECTOR STREET. A street that provides shorter distance movements within the City,
collecting traffic form Local streets and higher volume Regional and Major streets, per the Grand
Rapids Street Classification Policy.
2. EXPRESSWAY. A major state and federal highway, connecting cities.
3. LOCAL/NEIGHBORHOOD STREET. A street that provides access to land uses abutting the street
right-of-way, per the Grand Rapids Street Classification Policy.
4. MAJOR STREET. A street that carries traffic through the City and to adjacent parts of the region.
5. NEIGHBORHOOD COLLECTOR STREET. A street that collects traffic from Local streets and higher
volume City Collector streets, per the Grand Rapids Street Classification Policy.
6. REGIONAL STREET. A street that carries traffic between Grand Rapids and other communities in
the region.
STREET TYPE - VITAL STREETS
As defined in the Grand Rapids Vital Streets Plan, as amended, and incorporated by reference in this
Chapter:
1. CROSSTOWN CONNECTOR STREET. A street that is critically important in the regional travel
network and are generally continuous from one end of the city to another.
2. LINK RESIDENTIAL STREET. A street that serves a larger network function, providing connectivity
between nearby neighborhoods or local destinations. They are most typical in areas with
traditional neighborhood character and a connected grid of streets but may be in any
neighborhood type.
3. MAKER STREET. A street that serves industrial corridors and are built to accommodate
commercial trucks.
4. NEIGHBORHOOD BUSINESS STREET. A street that is typically located in compact areas that
occupy only a segment along a longer street corridor.
5. NEIGHBORHOOD RESIDENTIAL STREET. A street that serves as an important link for pedestrians
and community bicyclists and does not generally feature transit service. Truck traffic may be
restricted on these streets. These streets typically have limited connectivity to the larger network
6. NETWORK RESIDENTIAL STREET. A street that serves residential corridors and are critical to the
larger transportation network by efficiently and safely moving regional vehicle and non-
motorized users.
7. URBAN CENTER STREET. A street that represent a wide spectrum—from the highly pedestrianized
to the transit-intensive to the high vehicular demands. These streets are Grand Rapids' principal
employment and entertainment streets that also support a number of residents, institutions,
students, and workers.
STREET WALL

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An opaque wall or building façade placed parallel to a public or private street built along the Required
Building Line or setback, which aligns with other Required Building Lines, setbacks, or buildings or
structures along the same street frontage.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
STREETSCAPE
The various components that make up the street, both in the right-of-way and on private lot frontages
including pavement, permitted signs, parking spaces, landscaping and street trees, streetlights,
sidewalks, etc.
STREETSCAPE PLAN
A plan adopted by the Planning Commission which may include maps, illustrations, and written
descriptions which define the minimum standards for the street environment including the space
between buildings, streets, paving, signage, landscaping and trees, lights and street furniture. This
includes the general standards adopted as the Downtown Streetscape Plan, and as may be amended.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or
attachment to something having permanent location on the ground, and other construction or erection
with special function or form. Includes the term "building."
SUBSTANTIAL PROGRESS
All necessary Land Use and Development Services (LUDS) and building permits for the first phase of the
development have been secured, and construction has started.
SURETY
A cash deposit, certified check, irrevocable bank letter of credit, bond, insurance, or other form of
financial obligation acceptable to the City.
T. Definitions—T.
TEMPORARY STRUCTURE
A structure of limited duration, including those for special events that comply with this Chapter and are
removed upon the conclusion of the event.
THROUGH TRAFFIC
Vehicular traffic not destined for individual sites or uses within an immediate area.
TOPSOIL
The upper layer of soil, in which plants have most of their roots.
TRAFFIC IMPACT STUDY
An analysis by a qualified person of the effect of traffic generated by a proposed development or
redevelopment on street capacity, operations, and public safety, and may include a parking study and
access management plan.
TRAFFIC ENGINEERING DIVISION or DEPARTMENT
The Traffic Engineering Division of the City.
TRAIL
An access way, either paved or unpaved, intended to serve multiple modes of travel including walking,
jogging, bicycling, or other forms of non-motorized transport.

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TRAILER
Any portable structure designed for towing depending solely on wheels for support.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
TRANSIT-ORIENTED DEVELOPMENT (TOD)
Mixed-use developments along transit routes normally containing a substantial residential
component(s). The location, design, and mix of uses in a TOD emphasize pedestrian-oriented
environments and supports public transportation.
TRANSIT
The movement of people by public conveyance in a high occupancy vehicle, including busses, carpools
or vanpools, light rail, streetcars and trains.
TRANSITIONAL FEATURES
Uses or structures permitted under this Chapter, which, by their nature or level and scale of activity,
act as a transition or buffer between two (2) or more potentially incompatible uses or Zone Districts.
TRANSPARENCY
The ability to see through with clarity. An opening in the building wall allowing light and views between
interior and exterior. Measured as clear glass areas for buildings and as open areas for parking
structures. Compare to CLEAR GLASS.
TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES
An approved and adopted plan of actions that will be implemented to reduce traffic volume with
incentives and services promoting ride sharing, transit or other alternative commute options, including
flextime and staggered work hour programs that reduce rush hour congestion.
TREE (TYPE)
The leaves, stems, trunk, bark, roots, and any other portion of a woody plant typically growing as a
single stem (rarely a multiple stem) in an upright form.
TREE, MEASUREMENTS
1. DRIP LINE. The soil surface delineated by the outermost branch spread of a single plant or group
of plants.
2. TREE CALIPER. The diameter of a tree trunk.
3. TREE CANOPY. The layer of leaves, twigs, branches, and stems of trees that cover the ground,
buildings, and other surfaces when viewed from above. Tree Canopy Cover is measured as a
percent of area covered by tree canopy. The City of Grand Rapids Urban Tree Canopy Analysis
Map (2015) is recognized as the determinant of tree canopy coverage for the purposes of this
Ordinance.
4. TREE DIAMETER AT BREAST HEIGHT (DBH). The diameter in inches of a tree measured in inches at
four and one-half (4½) feet above the existing grade.
5. TREE HEIGHT. For a deciduous or evergreen tree, height shall be measured from the top of the
tree to the surrounding ground elevation or top of the ball (location where fabric containing root
system meets the exposed trunk).
6. TREE SIZE. Small, medium, and large tree sizes at full maturity relative to species, as determined
by Article 11, Landscaping and Green Infrastructure and the City Forester.
TREE PROTECTION

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1. CRITICAL ROOT ZONE (CRZ). The area within the drip line of an existing tree that provides the
minimum volume of roots necessary for tree health and stability.
2. ROOT PROTECTION ZONE (RPZ). The soil area surrounding a tree defined by a perimeter, in which

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
excavation, compaction, and other construction-related activities shall be avoided or mitigated.
The RPZ may extend beyond the tree protection zone (TPZ).
3. TREE INVENTORY PLAN. A map or plan with a list and description of trees containing descriptive
and desired information, such as location, species, condition, and tree size, for all or a portion of
the project area.
4. TREE, PROTECTED. Any tree having a diameter of six (6) inches DBH or larger or having an
aggregate diameter of fifteen (15) inches DBH or greater.
5. TREE AND ROOT PROTECTION PLAN. A written document included in construction plans and
specifications that defines the protection perimeter and details measures designed to project
and prevent damage to existing trees during all phases of the project.
6. TREE PROTECTION ZONE (TPZ). The area surrounding a tree defined by a perimeter, in which
excavation and other construction-related activities should be avoided.
7. TREE PROTECTION ZONE BARRIERS. Devices such as fencing, berms, or signs installed to define
and limit access to tree protection zones, or soil protection layers, as appropriate to accomplish
the Tree and Root Protection Plan.
8. TREE, UNHEALTHY. As determined by the City Forester, a tree demonstrating one (1) or more
signs of decline, as indicated by severe insect or disease infestation, or with damage or structural
defects that may include, but are not limited to: Severed or damaged roots within the critical
root zone; signs of previous topping or other improper pruning practices; evidence of decay or
structural defect; cracks, wounds, or cavities within the trunk or limbs; or any other defect that
cannot be corrected through standard arboricultural practices.
TRELLIS
An outdoor garden frame used to partition an area and/or as a support for vines or other climbing
plants.
TWENTY-FOUR HOUR (24) OPERATIONS
1. A business operation that has the potential to negatively impact adjacent properties and the
surrounding neighborhood due to the following hours of operation:
a. Open any time between 2:00 a.m. and 5:00 a.m.; or
b. Open for twenty (20) hours within a consecutive twenty-four (24) hour period.
2. Twenty-four (24) hour operations shall include, but not be limited to: uses involving alcohol sales
or consumption, live entertainment, dance, outdoor seating, outdoor uses of any kind, food-
related drive-through facilities, convenience stores, pawnbrokers, or other uses as determined by
the Director.
3. Twenty-four (24) hour uses as regulated by this Chapter shall not include: medical facilities,
lodging, indoor athletic facilities, alcohol sales within a twenty-five thousand (25,000) square foot
or larger retail use, automated teller machines (ATMs), industrial uses within the SD-IT District, or
other like uses as determined by the Director.
U. Definitions—U.
URBAN FARM

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An intentional effort by an individual or a community to grow its capacity for self sufficiency through
the cultivation of plants and/or animals for profit or nonprofit, with a single entity serving as the
primary operator. May include indoor operations, such as greenhouses, vertical farming, hydroponic

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
systems and aquaponic systems; outdoor operations including growing beds, growing fields,
hoophouses and orchards; or operations on the roof of a principal building as a principal use or
accessory use.
USE CLASSIFICATION
A designation of the use of land in one (1) of the categories noted below. Regulated Uses are covered
in Article 9. See Section 5.4.04 Use Determination for Similar Uses Not Addressed.
1. RESIDENTIAL
a. Household Living (residential dwellings). Independent residential occupancy of a dwelling
unit by a household, family or person. Typical uses include single-family houses, two-family
houses, and multiple family apartment buildings.
b. Group Living (including residential care). Residential occupancy of a dwelling unit by other
than a household and providing communal facilities. Typical uses include adult foster care
facilities, assisted living facilities, nursing homes, and transitional shelters.
2. EDUCATIONAL, GOVERNMENT AND INSTITUTIONAL
a. Educational Uses. Public and private schools ranging from pre-school through post-
graduate study, including technical, vocational and trade schools, as well as residential
facilities on or adjacent to the campus and accessory uses such as assembly and athletic
facilities, museums, and libraries.
b. Government and Institutional Uses. Public and private land and facilities that serve
established government functions or provide social, religious or cultural services.
3. COMMERCIAL
a. Auto-Oriented. Businesses related to the sale or rental of motor vehicles, recreational
vehicles, and other forms of personal transportation; fuel stations and repair facilities; car
washes; drive-in or drive-through uses; vehicle towing services or wrecking facilities; and
other similar businesses.
b. Entertainment, Hospitality or Recreation. Uses related to arts and entertainment,
recreation, food and drink service, lodging, and uses related to tourism. Does not include
outdoor recreational fields, home occupations or Regulated Uses.
c. Office Uses. Uses primarily engaged in providing professional, medical, and financial
services; administrative and business support services; and other similar uses.
d. Personal Services. Services generally involving the care of the person or person's
possession, usually on an individual or small group basis and primarily conducted on the
premises.
e. Recreation. A facility or area providing opportunities for physical exercise, physical training
or improvement of health for the general public or members of an organization. Includes
but is not limited to: theaters, bowling alleys, dance halls, game centers, gymnasiums,
health clubs, exercise and fitness facilities, and climbing wall centers.
f. Retail Sales. Establishments primarily engaged in the sale of goods and materials to the
general public.
4. INDUSTRIAL AND TRANSPORTATION

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a. Industrial. Land and facilities involved in the manufacture or treatment of goods from raw
materials, assembly or production of products, warehousing and storage of goods
b. Transportation Related Facilities. Uses related to the movement of people and goods,

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
including transfer facilities.
c. Aeronautical. Uses related to airport operations, and customary uses associated with
airports.
5. UTILITY. A use category for public and private services providing essential services such as water,
electric power, and heating systems, and wireless communication facilities.
6. ACCESSORY USES. See ACCESSORY USE.
V. Definitions—V.
VARIANCE
1. DIMENSIONAL VARIANCE. An approval by the Board of Zoning Appeals (BZA) after a
demonstration that a practical difficulty related to the property is present that prevents a lot,
building or structure from being erected or improved in a manner that complies with the strict
provisions of this Chapter.
2. USE VARIANCE. An approval by the Board of Zoning Appeals (BZA) after a demonstration that an
unnecessary hardship related to the property is present that prevents a lot, building or structure
from being used for any of the Permitted Uses or Special Land Uses of the Zone District.
VEHICLE
Any device by which a person or property may be transported or drawn upon a street, not including
devices moved by human power or used exclusively upon stationary rails or tracks.
VEHICLE FUEL STATION
An establishment where motor vehicle fuels and related products are sold to the public and where
fuels are dispensed through fuel pumps directly into the vehicles and certain accessory uses; but does
not include vehicle service or repair.
VEHICLE SALES AREA, OUTDOOR
An outdoor area used for the storage, display, sale or rental of new or used motor vehicles or
recreational vehicles in operable condition.
VEHICLE SALES OR RENTAL
Establishments primarily engaged in the retail sale of new and used vehicles, noncommercial trucks,
motor homes, or recreational vehicles in operable condition, including incidental storage,
maintenance, and servicing.
VEHICLE WRECKING, SALVAGE OR STORAGE OF INOPERABLE VEHICLES
An establishment involved in vehicle wrecking and towing services; the dismantling or disassembling of
used vehicles or trailers; the storage of one (1) or more impounded, damaged, or inoperable vehicles
(whether licensed or unlicensed) for a period of more than twenty-four (24) hours; or the sale or
dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
VEHICLE SERVICE OR REPAIR
An establishment that services or repairs vehicles, including commercial vehicles, engines and trailers,
motor homes or recreational vehicles in an entirely enclosed building or structure.

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VETERINARY CLINIC
A building, or any portion of a building, used for the treatment of house pets as outpatients only and
does not have interior or outdoor kennels and overnight boarding.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
VETERINARY HOSPITAL
A building, or any portion of a building, used for the treatment of house pets, and may have interior or
outdoor kennels and overnight boarding.
W. Definitions—W.
WAYFINDING
An organized system of signs and other identifying elements that provide visual cues to visitors to
locate specified features in the community.
WRC
Michigan Water Resources Commission, including any successor agency.
WIRELESS COMMUNICATION FACILITIES
1. ANTENNA. Any outdoor apparatus designed for telephonic, radio, or television communication
through the sending and/or receiving of electromagnetic waves.
2. CO-LOCATION. A communications facility used by more than one wireless communications
provider.
3. HEIGHT (Tower or Related Structure). The distance measured from ground level to the highest
point on the tower or other structure, even if the highest point is an antenna.
4. LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces
forming a triangular or square structure which often tapers from the foundation to the top.
5. MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube
securely anchored to a foundation.
6. STEALTH EQUIPMENT. A wireless communications facility designed to appear as another natural
or artificial object that exists in the surrounding environment or which is architecturally
integrated into a building or other structure, and designed to be minimally obtrusive and to
camouflage or conceal the presence of antennas or towers.
7. TELECOMMUNICATION. The technology which enables information to be exchanged through the
transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
8. TOWER. Any structure that is designed and constructed primarily for the purpose of supporting
one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers.
The term includes radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and the like.
9. WIRELESS COMMUNICATIONS EQUIPMENT SHELTER. The structure in which the electronic
receiving and relay equipment for a wireless communications facility is housed.
10. WIRELESS COMMUNICATIONS FACILITY. A facility consisting of the equipment and structures
involved in receiving communications or radio signals from a mobile radio communications
source and transmitting those signals to a central switching computer which connects the mobile
unit with the land-based telephone lines.
11. FACILITY AS ESSENTIAL SERVICE. A communications facility that is used for the primary purpose of
providing local public safety communication services that directly transmit information for fire

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protection, police protection, and basic or advanced life support to the City of Grand Rapids
Police and Fire Departments, as defined in a written contractual agreement approved by the City
Commission and uniquely connected to the Police Department Data Center.

Attachment: ARTICLE_16.___DEFINITIONS (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
X. Definitions—X.—Z.
YARD
An open space that lies between the nearest property line and the principal main building or structure
and which is unoccupied and unobstructed from the ground upward except as permitted by this
Chapter. The term "yard" shall only be used in relation to a lot on which a main building or structure
has been placed.
1. FRONT YARD. An open space extending the full width of the lot, between the front lot line and
the main building.
2. REAR YARD. An open space extending the full width of the lot, between the rear lot line and the
main building.
3. SIDE YARD. An open space between the main building and the side lot line, extending from the
front lot line to the rear lot line.
YOUTH CENTER
A government or nonprofit facility that offers regular, supportive on-site programming or services to
persons 18 years of age or younger. Said programs or services shall operate a minimum of three (3)
days per week year-round. Programs and services may include, but are not limited to social, training,
cultural, artistic, athletic, recreational or advisory services and activities, and may include private youth
membership organizations or clubs and facilities that serve children and youth. A youth childcare,
religious, schools and parks and playgrounds.
ZONE DISTRICT
An area within a Neighborhood Classification in which certain Permitted Uses and Special Land Uses
are allowed and development requirements must be met.
ZONING ACT
The Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, or any successor acts.
ZONING MAP
The official map upon which the boundaries of various zoning districts are drawn and which is part of
this Chapter.
(Ord. No. 2018-32, § 12, 6-5-18; Ord. No. 2018-45, § 10, 7-24-18; Ord. No. 2018-70, § 6, 12-18-18; Ord. No. 2019-
16, §§ 8, 9, 4-23-19; Ord. No. 2020-21, §§ 13, 14, 7-7-20; Ord. No. 2020-43, § 5, 9-29-20; Ord. No. 2021-03, § 9, 1-
26-21)

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Development Center
City Planning Commission 1120 Monroe Ave NW
Meeting Full Grand Rapids, MI 49503

May 25, 2023 City Commission Chambers


I. 12:00 p.m. - 12:30 p.m. - Lunch - Conference Room 901, City Hall, 300 Monroe Ave
NW

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
II. Business - 12:30 p.m.

A. Call to Order
The meeting was called to order at 12:30 PM by Board Member Kyle Van Strien

PRESENT: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon, Williams, Jonker

ABSENT: Al-Shatel

STAFF PRESENT: Kristin Turkelson, Laura Wahamaki, Assistant City Attorney Mike Hoeker
and recording secretary Carol Gornowich
B. Approval of Minutes

A. Approval of Minutes from May 11, 2023


RESULT: ACCEPTED [UNANIMOUS]
MOVER: Laurel Joseph, Board Member
SECONDER: Kristine Bersche, Board Member
YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon,
Williams, Jonker
ABSENT: Salim Al-Shatel

C. Planning Director's Report


• Ms. Turkelson provided an update on the Master Plan process relating that Round 2
community engagement has begun. The next step is to work with neighborhood
organizations and community connectors. Training sessions will be conducted and they will
be doing walking tours. There will be an opportunity for them to ask for a planner to be
present. Round 3 will begin in late November or early December.
• Agenda items were reviewed.

III. Public Hearings beginning 1:00 p.m. or soon thereafter in City Commission
Chambers, City Hall

A. Conflict of Interest
None expressed.

B. Zoning Ordinance Text Amendments - Height in TN-TCC, TN-CC & Grand River
Overlay Districts
Applicant: Cornerstone Investment Group, Inc. (Jay Johnson)
Requesting: Approval of amendments intended to allow additional building
height by right in the TN-TCC (Traditional Neighborhood-

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City Planning Commission
Meeting Full Page 2 May 25, 2023

Transitional City Center) and TN-CC (Traditional


Neighborhood-City Center) Zone Districts. To encourage public
access to and along the Grand River, height bonuses in those
districts will be offered only for properties located within the

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Grand River Overlay District.
Requirements: 5.6.08. Building Element Requirements
5.8.02. Downtown Height Overlay District
5.8.03. Grand River Overlay District
5.12.10. Zoning Ordinance Text and Map Amendments
5.16.02. Definitions
Case Number: PC-TXT-2023-0026
Staff Assigned: Kristin Turkelson
Type of Case: Text Amendment
Effective Date: City Commission approval
Ms. Turkelson introduced the proposed Zoning Ordinance Text amendment that would affect the
Downtown Height Overlay as well as the Transitional City Center and the Grand River Overlay.
Ms. Turkelson related that she and DGRI have had several conversations about this subject over
the past few years. When these Sections were updated in 2015 it was based on the feedback at
the time and trying to achieve the goals that were set forth in the GR Forward Plan. However,
what they’ve seen have been different market conditions, different housing demands, and other
changing factors that have made them consider whether or not the current height limits and the
bonus structure that was imbedded within the Height Overlay for Downtown and the Grand
River Overlay was actually working the way it was intended to work. There was a collective
agreement that it was necessary to reconsider this. There is a critical need for housing and a
desire for increased investment in the Downtown knowing that the infrastructure is in place to
support it. It is a fairly complicated process, especially when it comes to the Grand River
Overlay because they want to maintain the ability to incentivize access to and along the river.
One of the key goals of the City is to activate the riverfront, which was supported through the
2002 Master Plan, Green Grand Rapids, and other studies. The only way to achieve that access is
by incentivizing it. With that element it was actually a far more complicated amendment than
Ms. Turkelson had the ability to undertake. Through conversations with the development
community there was a development group that had a desire to build taller. Ms. Turkelson
expressed that she was generally supportive of that but it isn’t currently permitted. Fortunately,
the Planning Department has built some successful relationships with the development
community and community at large. The development group offered to assist and partner with
the City to provide the capacity for the Planning Commission and City Commission to consider
this. The offer resulted in a partnership with Progressive AE and Ms. Schulz was hired to assist
Ms. Turkelson in creating an amendment for consideration. They also met with a couple of local
architects that are generally supportive of the proposed amendments as well as DGRI. DGRI and
the Chamber of Commerce have both provided letters of support.

Suzanne Schulz, Progressive AE, recognized that from the development community’s
perspective one of the reasons for the proposed amendments is to facilitate development and
address the housing shortage. Other considerations are the cost of development. Labor, materials,
land, and lending have all affected the ability of projects to come to fruition. Another aspect Ms.
Schulz found interesting was the debate of going up or going out, meaning that developers were

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Meeting Full Page 3 May 25, 2023

contemplating acquiring additional property in order to achieve the number of units necessary to
make the proforma work due to the cap on height.

As Ms. Turkelson mentioned, the current bonus program has not been used. There has been some

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
use of the program but a lot of the step-backs, etc. were complicated and a challenge to work
through.

Ms. Schulz provided background on the Zone Districts under consideration. The City Center
Zone District has three sub-Zone Districts in the Overlay for height. DH1 is the center of the city
and there is no cap on height in that zone district. DH2-a is North Monroe and south of Fulton
and DH2-b is the near west side. There are also parts of DH2-a on the near west side. The
Transitional City Center is the donut around downtown. Originally, the transition meant two
things. One was the transition from industrial use to mixed-use. 40% of the land that was zoned
industrial in 1969 was changed to mixed-use in 2007. It was also transitional from Downtown to
the neighborhoods. The Grand River Overlay is along the river and height pieces come into play.
Currently, the height requirements in those zone districts are the determining factor for building
height and there is a change proposed there to provide some clarity.

Ms. Schulz displayed a map of the different Zone Districts and sub-Zone Districts. She noted
that most or all of the river walk is in place in DH1 and there is action being taken now to
connect to Wealthy. There is really no river overlay that applies to the properties in DH1 because
it is already built out and already exists.

Ms. Schulz explained that the request is to increase the height in the DH2-a Zone District from
10 stories by right, with up to 16 stories with bonuses, to 20 stories. In DH2-b the request is to
change it from 12 stories with bonuses to 10 stories by right. In the TCC, 5 stories is permitted
with bonuses and the request is to allow 5 stories by right.

Ms. Schulz explained that the reason for getting into some of the other zone districts is that the
bonus tables are tied to those. With respect to the Grand River Overlay, because the current
zoning is tied to the underlying zoning they still needed a bonus structure to be able to
incentivize river access to and along the river. Because of Supreme Court decisions, the access
cannot be required. If developers are using economic development incentives, the City
Commission can require it. Currently in the Overlay the way to achieve the bonuses in DH2-a
and 2-b is to include mixed-income housing, green elements, and public art and in the TCC it
also includes transit and urban open space. One thing of note with the mixed-income housing is
that two different housing bonuses were provided in the Zoning Ordinance. What they found was
trying to require mixed-income in one structure is very complicated. Some of the incentives built
into the Zoning in other locations were tailored for affordable housing providers and others were
tailored for market rate providers because of that. That is one reason the mixed-income incentive
hasn’t been utilized.

Ms. Schulz addressed the Grand River Overlay Zone, which is the only portion being proposed
to utilize bonuses. They would only be tied to public access to and along the river because much
of the development along the river, with the Grand River Greenway funds that have come in to
develop trails, really isn’t needed; it will be planned and developed by others. Ensuring that we

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have access is the goal and capping the height, with the incentive of bonus heights for granting
access, is the tool intended to achieve that.

Ms. Schulz summarized that the incentive for public access along the river in the Grand River

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Overlay is height. There are also step-backs included in the language. Case study research was
done looking for all aspects because they are aware of some concern about the big square boxes.
If allowing the increased height, how do you think about more sensitive development that may
transition better or have some variation. After looking at examples they found the San Marcos,
TX example was very good. They take a percentage of the frontage and allow some different
step-back configurations based on the percentage. The step-back could be along the front,
middle, sides, or the back. It is common now to see parking being incorporated into buildings
because the ideal depth for a parking ramp is 120’ and the ideal depth for residential is 90’. To
ensure that they could incentivize access to the river from the public right-of-way, language was
incorporated that the step-back had to be on all four sides of the building in the Overlay District.
In the Overlay, the step-back would be eliminated by providing the public access. The step-back
would still be required along the front of the building. The river side and street sides are
considered fronts. There are no step-backs proposed in the other Zone Districts.

Ms. Turkelson added that no boundary changes are proposed to the respective Districts.

Mr. Rozeboom clarified that the intent is to develop a walkable entity. He asked if the 60%
ground floor non-residential continues to be appropriate. They know retail is changing, as are
other aspects, is that still the best way to go?

Ms. Schulz recalled that there are only some streets in the Downtown where the retail
requirement exists. The remainder of Downtown doesn’t have to provide retail on the ground
floor. There is a transparency requirement but it doesn’t have to be retail for all of those streets.

Ms. Turkelson added that the 60% transparency doesn’t apply to residential structures; only
commercial.

Mr. Rozeboom explained that he just wanted to make sure that they are doing enough that it is
going to be an edge to the rest of the city. They are looking at increasing the possibility for
density, which is good. They also don’t want to increase density without providing all of the
things that people that live there might want to have access to. That speaks to the public access to
the river as well as the non-residential uses.

Ms. Schulz feels that where it likely comes into play the most is if they are building a parking
ramp, they still have to have an active use on the ground floor. It is likely there will be some
hybrids where you might have a stand-alone apartment building and next to it they are providing
parking. One example is 601 Bond. They included retail below, then parking and residential
above the parking. Most developments are now incorporating parking into their buildings.

Ms. Turkelson added that what isn’t proposed to change are elements of the Ordinance that are
working, such as not being allowed to put a parking structure on a primary street face without
Planning Commission approval. The Planning Commission would likely be hard pressed to to
arrive at a reason for that approval. There is a 75/25% mix where 75% of the linear frontage of

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the building has to be an active use. Whether it is residential, office or commercial is dependent
on the location in Downtown. 25% of the façade can then be for the parking deck, primarily for
the access to the ramp that tends to go behind the active uses or to go up.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Ms. Shannon asked about the area in yellow to the north, where 5 stories would be permitted,
and whether that is anticipated to develop more into high rise or is the intent to step down as it
goes further north. She explained that she was thinking about incentives for some of the factories
that are there now being taken down and redeveloped.

Ms. Turkelson feels most of that conversation is a better Master Plan conversation. She wouldn’t
want to say absolutely not because the needs and vision of the community change over time.
However, she feels that is a larger community conversation she isn’t willing to take on at this
time. There may be pieces of the current TCC that may be ready, such as between Sixth St. and
Leonard. It is within the TBA boundaries but it is Transitional City Center. There may be
opportunities there to expand the City Center Zone District. Her desire is to take map or
boundary changes separately because they are different conversations and it is important to
involve stakeholders.

Dr. Wallace suggested Ms. Turkelson explain why the proposed amendments aren’t part of the
Master Plan discussion.

Ms. Turkelson noted that they are about 1/3 of the way through a current Master Plan process.
There could be a natural tendency to suggest these amendments be folded in. However, there is
still a year left in the process and likely another year before implementation of the Plan. There
are current challenges with construction costs and a critical need for housing and density. There
are stated goals within the current plans that would suggest we are okay with building bigger
Downtown. Ms. Turkelson feels they currently have Master Plan support for the proposed
amendments. It was approached differently in 2015 and they learned from that. They realized it
didn’t work the way it was anticipated and a lot has changed since then. Ms. Turkelson also feels
this is low hanging fruit. They’ve had similar conversations over the last decade about what
heights should be Downtown. She feels there is a natural way to look at this outside of the
traditional Master Planning process, which is why she was comfortable moving this forward and
supporting it without being involved in a larger process. That isn’t the case for other
conversations that have taken place about changes to Zoning structure, one being expansion of
the City Center.

Mr. Van Strien opened the public hearing and invited public comment. There was no public
comment and the public hearing was closed.

Ms. Turkelson noted that there were letters of support submitted by DGRI and the Chamber.
Johnny Brann had indicated a letter of support was coming from the Westside Corridor
Improvement Authority but to date staff hasn’t received it.

Ms. Joseph feels the proposed amendments make sense. She appreciates the nuance of the
situation, mixing of districts and overlays. She also appreciates how it has been broken down. It
is a reasonable, sensible, and necessary amendment.

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Ms. Shannon indicated she is in support as well. She appreciates the fact that this is a learning
process where they are looking at what works and what needs to be updated. She feels
comfortable that this is an improvement.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Ms. Joseph added, with respect to the step back, she appreciates that it wouldn’t necessarily have
the desired effect outside of the overlay area. She is pleased there is other ordinance language in
place to ensure building materials and architecture are pedestrian friendly.

Ms. Turkelson asked if Ms. Schulz mentioned the step backs for access. If the Planning
Commission is inclined to approve, it is suggested that a condition be included to update the
language to reflect that where access to the riverwalk is already provided that step backs would
not be required.

Ms. Schulz indicated that she didn’t cover that. She explained that the side step backs were
intended to be the incentive to get access from the public right-of-way to the river edge.
However, where access already exists that shouldn’t apply because the goal is to achieve the
access. It will be necessary to do some language amendments; it currently says street and should
say public right-of-way.

Ms. Turkelson gave the example of a corner property at Sixth St. and Front. Access to the
riverwalk is already provided from Sixth St. Therefore, it is likely unnecessary to require a
second access to the river along that property. However, without a change to the language they
would be required to provide side step backs. What is being suggested, if the Planning
Commission is comfortable saying that where the access to the riverfront is already provided that
the side step backs wouldn’t be required. The intent remains the same.

Mr. Van Strien stated that if they were to replace the building and build it taller that doesn’t
mean the existing access would remain.

Ms. Turkelson agreed. However, it would have to retain the existing access in order for that to be
eligible.

Mr. Van Strien clarified that if they continue the access they don’t have to do the side step back
and don’t have to provide another point of access.

Ms. Turkelson agreed. She clarified that the easements are required before permits are issued.
The step backs would continue to be required along the frontages; the river and the street.

Ms. Joseph MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning


Commission recommends that the City Commission approve the proposed Text
Amendments to the Zoning Ordinance, for the following reasons:

1. The proposed amendments are consistent with the purpose and intent of the Master
Plan and Zoning Ordinance, because
• The amendments support multiple goals of the 2002 Grand Rapids Master Plan,
including:

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o Promoting the expansion of the resident population in and adjacent to


Downtown by encouraging the conversion of near-Downtown and
riverfront industrial and commercial areas to mixed-use.
o Capturing the benefits of improved riverfront visibility and access by

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
encouraging mixed-use development in near-Downtown industrial areas
east of US 131 and west of Monroe Avenue, and
o Extending the riverwalk system from Riverside Park to Millenium
Park; including a riverwalk connection on the east bank of the Grand
River located west of Market Street in the area south of Downtown.
• The amendments support goals of the GR Forward Downtown and River Action
Plan to enhance neighborhood access to the river, to leverage development
opportunities to hit “critical mass,” and to preserve and expand housing
opportunities.
• The amendments support the purpose and intent of the CC Zone District to
provide an intense development pattern that encourages vitality through
compact development and the creation of a pedestrian-friendly and transit-
friendly environment.
• The amendments support the purpose and intent of the TN-TCC Zone District
to be a transitional commercial buffer surrounding downtown that allows for
more density than would be found in neighborhood commercial districts.
2. The proposed amendments will enhance the functionality or character of the future
development in the City because the proposed text amendments will allow for needed
density in the city’s downtown while requiring thoughtful design that protects access to
sunlight and views and encourages design that acknowledges the pedestrian experience
of the city and the amendments in the Grand River Overlay will add stronger incentives
to developers to allow public access to and along the Grand River.
3. The physical, geological, hydrological, and other environmental features of the property
to be rezoned are compatible with the full range of uses in the proposed Zone District
because the proposed amendments encourage compact development, which takes up
less land and resources and public access to the river is also encouraged, which will
enhance the ability for residents and visitors to experience the defining natural feature
of downtown, the Grand River.
4. The proposed amendments will protect the health, safety, and general welfare of the
public because access to the Grand River promotes health through access to nature and
providing opportunities for exercise and recreation; the general welfare of the public
will be improved by these amendments through prioritizing public access to and along
the river; allowing for added density in select districts will encourage the vibrancy of
the downtown through adding residents to frequent businesses and add foot traffic,
and; more residents downtown could mean more use of public transit and fewer trips
by the personal automobile, helping to mitigate carbon emissions and their deleterious
impacts to human health.
5. The proposed amendments will address a community need in physical or economic
conditions or development practices because these amendments will help to incentivize
the provision of public access to the river and the height amendments will work to
address the need for the 14,106 housing units Grand Rapids is projected to need over
the next five years.

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6. The proposed amendments would not result in the creation of significant


nonconformities in the city because the proposed additional height is already permitted
with bonuses, and thus, significant nonconformities are not expected.
7. This recommendation includes a change to the proposed amendments to eliminate the

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
requirement of side step backs where access to a riverwalk with public access already
exists.
SUPPORTED by Dr. Wallace. MOTION CARRIED UNANIMOUSLY.

RESULT: RECOMMENDED TO CITY COMMISSION [UNANIMOUS]


MOVER: Laurel Joseph, Board Member
SECONDER: Adrienne Wallace, Board Member
YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon,
Williams, Jonker
ABSENT: Salim Al-Shatel

IV. Planning Discussion Items

1. Discussion of Proposed Billboard Text Amendments


Progressive AE is requesting approval of Zoning Ordinance Text Amendments to Sections
5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Program and
5.15.17. Sign Definitions. The proposed amendments are intended to incentivize the
removal of billboards on redevelopment sites by permitting digital billboards along
expressways, and by allowing the repositioning of billboards in the TN-CC (City Center),
TN-TCC (Transitional City Center) and TN-TBA (Traditional Business Area) Zone
Districts, while resulting in no increase to the total number of billboards.

An overview of the text amendment updating the Billboard Exchange Program will be provided
on May 25, 2025, in anticipation of a public hearing and consideration by the Planning
Commission on June 8, 2023

Ms. Turkelson explained that there is a recognized need to evaluate the current billboard
exchange program within the Zoning Ordinance. Through various conversations with billboard
companies and different applicant requests they began to understand that the existing billboard
exchange program may have accomplished everything they could hope it would accomplish and
that it has outlived its useful life in that they haven’t seen utilization of the exchange program in
many years yet there are still billboards in the way of good redevelopment projects for the city.
The Planning Commission has seen creative use of existing tools, such as the Planned Sign
Program. The Planned Sign Program was used in the Harrison Park development on Alpine to
allow for the relocation of an existing billboard to the side of the building. It likely wasn’t the
most appropriate tool. What would be appropriate is to update the exchange program. The
strategy that has been developed is a rather significant shift, which is why it is before the
Planning Commission as a discussion item prior to being asked to vote on it. In short, the
strategy is changing from trying to incentivize the removal of billboards, to acknowledge/accept
that they have likely seen a reduction to the extent possible, to a relocation strategy. It would
allow for a billboard to be relocated within the same Zone District. It may go from a pole

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mounted billboard to being mounted on the side of a building and allows for the negotiation
between the billboard company and the property owner. It provides a bit more flexibility in how
billboards can exist in the city. There are also super-size billboards that can be permitted, which
are not dissimilar to signs seen on the sides of buildings in major urban centers that are

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
significantly larger than the billboard sizes currently seen in Grand Rapids. The last strategy shift
would be to consider allowing electronic billboards to exist along the highway within the city.
All of that would occur through a credit system. They receive credits for removal and have to
utilize those credits to either relocate, super-size, or upgrade to electronic.

Ms. Schulz clarified that she is not working for the billboard companies; she is working with
them but not for them. She is representing a development interest. The proposed amendments are
to help facilitate development. The Planning Commission recently considered a project by Indigo
Development on Wealthy. There has been a billboard there with a lease that is finally coming
due to be able to allow development. There are cases such as that all over the city.

Ms. Schulz explained that there are currently about 200 billboard structures/nearly 300 billboard
faces in the city. Part of the proposed program continues to reduce billboards and is also trying to
balance with the industry. For the billboard company this is their revenue/what they do. It also
provides advertising for local businesses and others. To acknowledge that they have economic
value was the original premise for the original billboard exchange program; recognizing that
there is value in those boards but the City doesn’t want to have to buy them to remove them or a
developer to pay a lot of money to buy out a lease. With the billboard exchange program there
was value in being able to upgrade the signs, which is why they voluntarily removed nearly 50
billboard structures when the billboard exchange program was first enacted.

Ms. Schulz explained that the proposed amendments are an effort to address situations primarily
in neighborhoods, where there have been conflicts with development, and facilitate more
flexibility in how things are done. There are two ways proposed to do that.

Ms. Schulz provided billboard statistics as of 2021. After the billboard exchange program was
enacted in 2010 there was a huge spike in the number of structures and faces removed. Of the
200, 25 were removed. A structure may have one or two faces. Some of those removed were
only one sided. It allowed for the reduction in billboard faces and for parcels to be developed.

Ms. Schulz displayed a pie chart noting that the light blue is the TBA Zone Districts, which is
where there are a lot of signs. Industrial is shown in light brown, which is where billboards are
allowed. The smaller sections are the residential districts. There is approximately an equal share
in the TCC and Downtown districts. Ms. Schulz also displayed statistics by artery noting where
billboards are primarily located. They are certainly along US 131 and 196. 28th Street has quite a
collection as well. Plainfield, Wealthy, Burton, Leonard, Division, Alpine and Eastern also host
other billboard faces. When thinking about any of those streets and the development that has
been occurring you can begin to understand the issue. In 2021, Ms. Turkelson made a
recommendation to consider incentivizing additional billboard removal. In 2009, when initially
considering digital billboards there were some impediments that drove the decision not to take it
on at that time. It wasn’t clear whether digital billboards were good or bad along the highway
and how much of a nuisance they might be. Therefore, a conservative approach was taken to
wait. At that time they felt that the billboard exchange program gave some alternatives and they

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didn’t have to allow digital right away. There were also complicated ownership patterns that
have since been resolved. There is basically one billboard company in the city, owning
approximately 90% of the stock. That provides an opportunity to look at how that operates
differently. Previously there was another company in the market and it was going to become very

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
complicated and potentially litigious. There was also a desire to see how the new technology
worked and to protect the community.

Ms. Schulz recalled that Ms. Turkelson mentioned two different approaches to the amendments.
The upgrade eligibility zone, which currently exists, is along the highways. The second is the
repositioning exchange to provide more flexibility in the mixed-use commercial zone districts.
The repositioning exchange program is viewed as a cap and trade. No new billboards would be
permitted anywhere. It is rather shifting things around. It is currently based on a point structure
and that point structure will remain in place for the upgrade eligibility zone in the area along the
freeway. In the reposition areas they would use the square footage of the sign so it is more
flexible and it has some variation to it.

Ms. Schulz explained that there has been research on the impact of digital billboards and they are
located throughout the region. State law has also caught up and also regulates their operation and
separation distances. Ms. Schulz referred to the table on page 120 of the agenda packet that
explains how credits may be used. The only change being proposed to the upgrade area is the
digital sign face and no more than 10 digital billboards would be possible along the highways
and no more than 4 along 196 and 96; two facing east and two facing west. No more than 6
would be permitted on 131; 3 facing north and 3 facing south. To be able to install a digital
billboard it would cost the sign company two credits for a new sign face. It would also cost them
to replace the structure, which was already a requirement. If it is necessary to replace the
structure to support a digital billboard it would cost them 3 credits. Naturally, it is anticipated
that there would be a natural reduction of up to 22 billboard faces by allowing the 10 digital
boards in the city.

Ms. Joseph clarified that they couldn’t just install 10 new digital billboards; they would have to
remove in order to install digital. Do they have to remove them along the highway or can they
remove them anywhere in the city and use those credits.

Ms. Schulz explained that, the way it is currently written, billboards in the IT Zone District and
the MC-NC don’t count toward the program because the intent is to target Downtown and near
downtown and the TBA. If they remove a billboard in one of those districts, those are the
billboards they would receive credits for that could be used to upgrade to digital. However, there
will be no additional billboards along the highways. The proposed amendments do not increase
the number at all. They would basically be taking down a static sign face and installing digital.

Mr. Jonker asked about timing. If there is a 3 year lease remaining and they want to use credits is
that worth less credits or do they get a permanent replacement in exchange for what is a
temporary sign.

Ms. Schulz explained that the lease issues can get really complicated. Those are private
agreements. Therefore, from a policy perspective the point is that one is going down and

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facilitating development. They didn’t want to get into the remaining duration of a lease. They
kept it simple and they get so many credits per face.

Mr. Jonker clarified that if there is a billboard and the lease is expiring in three months they

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
receive the credits and essentially extend the billboard lease indefinitely whereas it might be
gone completely in three months.

Ms. Schulz explained that that is the repositioning portion. These upgrades are only for removal
of billboards and receipt of credits that can be utilized to install digital. She added that there is
one other provision related to digital billboards. Instead of two credits, they could use one credit
if there is a voluntary public/private partnership approved by the City Commission that provides
for emergency messaging, public safety initiatives, community outreach, and other benefits for
public input. If the billboard company wanted to voluntarily engage in an agreement with the
City to sponsor or allow City messaging on their boards at no cost then they would only need one
credit to change the billboard face vs. two credits.

Ms. Schulz explained the exchange program, which is applicable to mixed-use commercial zone
districts. It follows the cap and trade methodology. It would not permit more signs; it is an effort
to move the signs within those zone districts. The square footage is basically allowed to float
within the zone district as development occurs. The logic in thinking about this is if you look at
case law, and tax law, under tax law billboards are considered personal fixtures; trade fixtures.
They aren’t considered property in that sense. Ms. Schulz provided the example of being a
franchisee with a Qdoba restaurant leasing space at a strip mall and moving the restaurant
somewhere else. The franchisee still has the restaurant wherever it is. They move the kitchen
equipment, etc. Those are their trade fixtures and they can be moved. Billboards are specifically
mentioned in tax law as trade fixtures. The idea of floating them is basically taking a business
model and allowing them to move within that particular zone district. In this case, a sign that is
removed for redevelopment could be repositioned in another location without penalty and it
would occur on walls and not with new billboard structures. There are a number of cases,
because of building code, where there is a blank face of a building right at the property line. That
could be a temporary location for a billboard wall sign until the next development comes along
next to it. If there is a project that the City feels very strongly about getting moving, the billboard
company can receive double credits. That has been part of the existing Ordinance. It is the
billboard company’s responsibility to get a lease from the property owner; the City wouldn’t be
involved in any of that. Ms. Schulz provided examples, including the super-sized signs. In the
example of the super-sized sign, if there were several billboards removed near the downtown
area, they could combine the square footage and have a super-sized sign in a certain location.
The super-sized signs are proposed as Special Land Use and the Planning Commission would
review it before being permitted.

Ms. Schulz explained further that in the TBA Zone District they could only move a sign within
the TBA. Sign square footage can’t be taken from the TCC Zone District and relocated in a TBA
District. Ms. Schulz also explained that 253 sq. ft. is the size of a poster. The small billboards are
called a poster and the big billboards are called a bulletin. Most of the signs in the neighborhood
business districts are posters and the amendment would dictate that you can’t have anything
larger than a poster size sign but it could be a different shape than the typical poster, just not
larger than 253 sq. ft.

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Ms. Schulz explained further that in the CC and TCC Districts the super-size signs would be
allowed with Planning Commission Special Land Use approval. If they are a poster or bulletin
they could relocate a sign from CC, TCC, or TBA and put them in the CC or TCC Zone District.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
In the MC-NC, credits originated there could be used in the MC-NC. Credits originated in the
TOD would be permitted to be used in all of the previously mentioned zone districts. If a sign is
located in a historic district they would need Historic Preservation Commission approval.

Ms. Schulz indicated that one question they considered was whether digital should be Planning
Director approval or Special Land Use. She invited input from the Planning Commission on that
topic.

Ms. Turkelson clarified that the relocation of a billboard would be staff review. The super-size
installation would be a Planning Commission review. That could be broken down to if it is up to
a certain size it would be staff review and if over that then it would be Planning Commission
review. The digital billboards could be Planning Commission review. Traditionally, they have
taken a conservative approach and included the public process to help inform decisions. As staff
better understands the Planning Commission’s pattern of decision making and input from the
community there have been changes made. She provided the example of electronic message
centers, which were all previously reviewed by the Planning Commission. Once a pattern of
approval was established, for all of those like circumstances, it reverted to a Planning
Department decision. Ms. Turkelson related that her preference with digital billboards is to keep
it at a Planning Commission level. She wants to be sure they are cognizant of the historical
impacts of the highway and the demographics of those that live along the highway. She feels it is
important to consider that.

Ms. Joseph asked how many upgrades could happen without any additional billboards being
removed.

Ms. Shulz replied that her understanding is that there are 4 credits total currently banked.

Ms. Joseph agreed that the Planning Commission should see the digital billboard requests.

Mr. Van Strien agreed adding that they would need some clear review standards. Should there be
additional standards besides the typical Special Land Use Standards?

Ms. Joseph feels it will be things like the residents in the area, the opportunity for a public
hearing, the negative impacts on those neighborhoods, where the billboards are, etc.

Ms. Shannon asked if there is any data as to the comparison between a typical billboard and a
digital billboard. She also recalled that there are State regulations.

Ms. Schulz agreed. If visible from the right-of-way there are State standards.

Mr. Van Strien indicated that he would also be curious about design standards and material
requirements. He noted the presence of a new digital board along I96 near the Walker exit with a
stone base. It looks very nice and he doesn’t know if it was a requirement of the City or

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industrial park. He wondered if that would be something they might be able to incorporate. Mr.
Van Strien asked if they receive any credits from removal in the IT and, if so, could they then
just build new billboards in the Industrial Zone and remove them to receive credits.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
The response was negative; they cannot do that. Ms. Schulz added that the separation distance
requirement could be changed which would then make it so they can’t build new billboards. The
idea behind the amendment is to get billboards out of the way of development.

Mr. Van Strien feels it is a bad faith argument to give them credits for removing something
where it is already allowable. He understands their perspective is that the Industrial areas are less
desirable as there is likely less traffic than a commercial, CC, or TCC district. However, there is
also a reason it is allowable there, which is because there isn’t as much concern as in the CC or
TCC. Of course they would want to remove them from the Industrial areas as they aren’t getting
as much money for those boards but the impact on the community is less when located in those
areas. It shouldn’t be a one for one there.

Ms. Turkelson explained that the way it is currently written doesn’t allow for that. If the purpose
of the amendments is to incentivize and support development within the mixed commercial zone
districts then giving credit for the removal of billboards in the Industrial districts, where they are
otherwise permitted, seems to undermine the purpose of the program itself.

Mr. Jonker recalled the example in the Creston area asking if that would potentially be a staff
approved relocation and would it be part of the development application or a separate application
for the library to locate the billboard on their property.

Ms. Turkelson replied that it would be a separate application for the billboard to be relocated
from its current position to a future location. It would not be integrated with the actual
development.

Mr. Jonker asked what comes first.

Ms. Turkelson replied that they could run concurrent, which wouldn’t be unusual, especially if
they are looking to receive double credit because of their willingness to move to facilitate a
redevelopment project. It could be tied to a specific development but it could also be other
reasons for desiring to relocate.

Mr. Jonker again brought up the subject of timing. If the billboard company has a two year lease
remaining on that parcel and say they’d like to relocate to the library building that could be a 20
year lease that they get in exchange. In that scenario they would be keeping their billboard in
place where thy would lose it otherwise.

Ms. Turkelson agreed with that scenario.

Mr. Jonker noted that if he is the billboard company he wants to relocate before they expire. Is
there any concern about a permanent billboard on the side of a building? Another question, in the
case of a blank wall on a lot line, do they then require an easement next door to maintain
visibility or can a building be constructed a year later and block the billboard in perpetuity?

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Ms. Turkelson replied that is all possible. It is part of the private negotiations with the property
owner where it is proposed to be relocated.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Mr. Jonker suggested that it could be a challenge for a billboard company to find a new location
that guarantees visibility.

Mr. Van Strien would assume that the new person they are leasing from controls the adjacent
property.

Ms. Schulz suggested that the value a property owner gets from a billboard is some revenue but
not substantial vs. a rent standpoint. There is a similar program they use in Detroit and she
believes that the understanding is that the city is continually evolving and that things will shift
and change over time. It could be on a different building in the future. She has not heard any
concerns from the billboard company about not being able to find locations in the future. It is
likely that there will progressively be larger buildings in the city so there is opportunity.

Mr. Jonker added that they could be seeing potentially larger billboards then, with potentially
reduced numbers.

Ms. Schulz agreed.

Ms. Shannon felt it would be good to know the conditions of the billboard company’s ability to
locate. She has heard that the leases can be good for a property owner.

Ms. Schulz suggested it likely depends on the location. She added that for the super-size
billboards there is a requirement, because of the size of the sign and potential deleterious effects,
that in addition to the Special Land Use consideration there is also a requirement to contribute to
an art fund to help pay for murals.

Ms. Turkelson acknowledged that this is complicated. What attracts her to consider a change is
that this provides more tools. Challenges remain but at least there are more tools than there are
today to try to facilitate development.

Mr. Jonker agreed. With respect to the property owners, it is often very difficult to get out of the
leases.

Ms. Schulz felt the timing question comes into play with the Planning Director’s discretion on
whether or not they get one point or double points. If you know you are looking at 10 more years
and a project comes along that a billboard is impeding then maybe it is worth it to offer the
double points.

Mr. Van Strien pointed out that you don’t necessarily know how long a lease is because that is
private. It isn’t an agreement with the City.

Ms. Turkelson agreed. However, they would be motivated to provide the details to inform the
decision as to whether or not double points are warranted.

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Ms. Schulz agreed. There is actually criteria in the code that to get the double points they have to
provide an imminent development project.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
Ms. Turkelson added it is very fact specific.

Mr. Jonker asked how staff feels about having the pressure of having to figure that out and
whether a certain building is a good location for it when getting pressure from a developer saying
that is all that is necessary to facilitate the development. Mr. Jonker would hate to see all that
pressure on one individual.

Ms. Turkelson replied that that pressure exists today and it hasn’t been terribly problematic
because it is so case specific. They evaluate the information, work with the current property
owner, and the billboard company understanding the lease, understand the pressures of the
private development group to advance their project. All of that exists today. The only added level
of complexity is where they relocate to. Much of that will be private negotiations between the
billboard company and the property owner where it is relocated to.

Mr. Jonker asked, in the example of the Creston area, if staff had to choose between the library
and the taller building how do you make that choice; what is the staff evaluation in that case?

Ms. Turkelson replied that they would accept either. The question would be which property
owner is willing to allow for it. The billboard companies will have added criteria about visibility
and a guarantee that it will be visible longer. A billboard company likely wouldn’t want to place
their billboard on a building at the property line knowing the inherent property rights of the
adjacent property.

Mr. Jonker asked about projecting above the roof line. Are there sign standards that would come
into play.

Ms. Turkelson replied that there are.

Ms. Schulz added that what is interesting is how much the technology of billboards has changed.
The wall attachments they do are a clip system that isn’t a significant investment for them and
they acknowledge that there isn’t really a point in doing pole signs anymore because of their
ability to do wall signs.

Ms. Shannon asked how many new requests have been submitted for new billboards.

Ms. Turkelson couldn’t recall the last time they received a request for a billboard. Ms. Schulz
added that is because there really isn’t anyplace for them to go; they are basically at capacity.
They are either non-conforming and not allowed in the Zone District, except for Industrial, and
with the separation distances they have filled the locations where you could have one.

Ms. Joseph asked if there are specific placement standards regardless of whether it is determined
to be staff review or Planning Commission review.

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City Planning Commission
Meeting Full Page 16 May 25, 2023

Ms. Turkelson agreed that there are some placement standards. You can’t project a sign above a
roof of a building. Ms. Schulz added that you can’t cover doors and windows.

Ms. Turkelson summarized that she has heard a request for some follow-up information:

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
• How many credits are currently banked
• Understand the review standards for digital billboard and whether they are adequate
• Should design standards be brought forth for consideration
• Data on the impact of digital billboards on residents
• State requirements
• Is there a dramatic difference between digital and non-digital billboards in terms of the light
they project

Ms. Schulz noted that there is a lighting requirement in the proposed amendments, based on the
State requirement. They have also added louvers to billboards so the brightness doesn’t catch
your eye as much. They have done louvers in both directions to try to control the light spread.

Mr. Jonker asked what the argument is against digital billboards vs. a static billboard.

Ms. Schulz replied that it is aesthetics and personal preference. The concern about distraction has
also been there, which is why when they first came out they were conservative. They wanted to
see what the Federal Highway and safety studies show. The studies have been done by the
industry, which is why they wanted to wait for Federal Highway. They haven’t really come out
with anything other than light levels. Other than that, they haven’t declared it a distraction or
driver hazard. The technology has advanced to the stage that it is less of a distraction and less of
a hazard. It is more aesthetic at this point. There are provisions that the changes have to be
instant and at certain light levels.

Ms. Turkelson noted however that the Grand Rapids highways are closer to residential
neighborhoods than the Walker example and she doesn’t feel they should lose sight of that. They
can control brightness and timing but if you are living next to that billboard your windows are
now lit up. That is something to be considered.

Mr. Jonker explained that was what his question was; are they lit up more than a static billboard
with flood lights on it?

Ms. Schulz offered that the billboard industry has a lighting specialist that can provide comment
on that.

Ms. Joseph also asked that the map be included as to the current location of billboards. She
would like to look at that further.

Ms. Schulz recalled that when the billboard exchange program was first created all of the
billboard companies shared the data about their signs. Each sign has an ID number and that is
their licensing from the State. There is an inventory that can be provided.

Packet Pg. 95
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City Planning Commission
Meeting Full Page 17 May 25, 2023

Ms. Turkelson related that the public hearing for the proposed amendments is scheduled for the
first meeting in June. If there are additional questions or feedback, she invited Commissioners to
communicate via email and they will work to provide the requested information.

Attachment: PC MINUTES 5-25-23 (Downtown Height and GROL Zoning Ordinance Text Amendments - Resolution)
V. Public Comment
None.

VI. Adjournment
The meeting was closed at 2:33 PM

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Joel H. Hondorp, City Clerk


City Clerk's Office

SUBJECT: Resolution approving the request from Mammoth Distilling, LLC,


for an Off-Premises Tasting Room license to be located at 710
Wealthy St SE.

Attached is a resolution approving the request from Mammoth Distilling, LLC, for an Off-
Premises Tasting Room liquor license to be located at 710 Wealthy St SE. The
application, having been reviewed by all required departments, is being recommended
for approval.
..

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YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution to approve the request from Mammoth Distilling, LLC, for an Off-Premises
Tasting Room liquor license to be located at 710 Wealthy St SE, Grand Rapids, MI
49503.

RESOLVED that the request from Mammoth Distilling, LLC, for an Off-Premises Tasting
Room liquor license to be located at 710 Wealthy St SE, Grand Rapids, MI 49503, be
approved.

Prepared by Steven Kowalski

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Joel H. Hondorp, City Clerk


City Clerk's Office

SUBJECT: Resolution approving the request from Kaydee Enterprise, LLC


dba Daisies Place for a Development District Liquor License to be
located at 15 Ionia Ave SW.

Kaydee Enterprise, LLC dba Daisies Place, located at 15 Ionia Ave SW, has
submitted an application for a Development District Liquor License in the Downtown
Development District pursuant to City Commission Policy No. 300-08.

This application has been reviewed by Planning, Income Tax, Treasurer, Police,
Building Inspections, Fire, Assessor and the Kent County Health Department and is
being recommended for approval. In addition, the Downtown Development Authority
will review the application at their meeting to be held on Wednesday, June 14, 2023,
so their recommendation is pending. The applicant submitted information required by
MCL 436.1521a, which will be forwarded to the Michigan Liquor Control Commission
(MLCC) with a certified copy of the resolution, if approved.
..

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4

YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution to approve the request from Kaydee Enterprise, LLC dba Daisies Place,
located at 15 Ionia Ave SW, Grand Rapids, MI 49503, for a Development District Liquor
License pursuant to Public Act 501 of 2006 (MCL 436.1521a(1)(b)).

WHEREAS:

1. The State of Michigan has provided for the issuance of additional Liquor
Licenses within the Downtown Development District, as authorized by Public Act
501 of 2006 (MCL 436.1521a(1)(b)); and
2. Kaydee Enterprise, LLC dba Daisies Place, at 15 Ionia Ave SW, Grand Rapids,
MI 49503, Kent County, has submitted an application for a license under Section
521a(1)(b) of the Act; and
3. Kaydee Enterprise, LLC dba Daisies Place has supplied information with their
application which supports the required stipulations of the Act; and
4. The City Assessor has submitted an affidavit stating the total amount of public
and private investment in real and personal property within the Downtown
Development District is in excess of $200,000 over the preceding five (5) year
time period; and
5. The Downtown Development Authority is pending approval of the issuance of a
Development District Liquor License at 15 Ionia Ave SW, Grand Rapids, MI
49503, Kent County, above all others; therefore

RESOLVED that the request from Kaydee Enterprise, LLC dba Daisies Place located at
15 Ionia Ave SW, Grand Rapids, MI 49503, Kent County for a Development District
Liquor License pursuant to Public Act 501 of 2006 (MCL 436.1521a(1)(b)) be approved
above others, pending DDA approval.

Prepared by Steven Kowalski

Packet Pg. 100


5

DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Joel H. Hondorp, City Clerk


City Clerk's Office

SUBJECT: Resolution recommending approval by the Michigan Liquor


Control Commission of Social District Permit application
pursuant to Public Act 124 of 2020 for Cedar Springs Brewing
Company, LLC dba Kusterer Brauhaus located at 642 Bridge St
NW.

Public Act 124 of 2020 as amended empowers local communities to designate “Social
Districts” containing “Commons Areas” where purchasers may consume alcoholic
beverages sold by multiple qualified Michigan Liquor Control Commission (MLCC)
licensees who obtain an MLCC Social District Permit. (Note: this concept is distinct
from, but may overlap with, the City’s Social Zones.)

PA 124 specifies a 2-step process before a qualified licensee may use a Social District
Permit:
1. City Commission designation of a Social District containing Commons Areas
2. City Commission recommendation of Social District Permit applications followed
by MLCC issuance of Social District Permits

To date, the City Commission has designated seven Social Districts: Downtown Grand
Rapids, Wealthy Street, West Fulton, Creston, Fourth & Stocking, Michigan Street, and
West Leonard.

The attached resolution recommends approval by MLCC of a Social District Permit


application within the Downtown Grand Rapids Social District from Cedar Springs
Brewing Company, LLC dba Kusterer Brauhaus; 642 Bridge St NW.

City staff will be available to answer your questions about the proposed resolution at the
City Commission meeting on June 13, 2023. Thank you for your consideration of this
request.
..

Packet Pg. 101


5

YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution recommending approval by the Michigan Liquor Control Commission of
Social District Permit applications pursuant to Public Act 124 of 2020 as amended.

WHEREAS:

1. Increasing the availability of outdoor dining space will help increase the vibrancy of
downtown and neighborhood business districts; and

2. Public Act 124 of 2020 as amended empowers the City Commission to designate
Social Districts with Commons Areas where purchasers may consume alcoholic
beverages sold by multiple qualified Michigan Liquor Control Commission licensees
who obtain Social District Permits; and

3. The City Commission has designated Social Districts containing Commons Areas
within the City of Grand Rapids; and

4. The City Commission has received a request from a qualified licensee to


recommend approval of their Social District Permit application by the Michigan
Liquor Control Commission; and

5. The licensed premises of the licensee are contiguous to the Commons Areas within
the designated Social Districts; and

6. The City Commission desires to recommend approval of the Social District Permit
application; therefore

RESOLVED:

1. That the Social District Permit application from Cedar Springs Brewing Company,
LLC dba Kusterer Brauhaus; 642 Bridge St NW, is recommended by the City
Commission for consideration and approval by the Michigan Liquor Control
Commission; and

2. That the City Clerk is authorized and directed to provide the applicant with a
certification of this action in the form specified by the Michigan Liquor Control
Commission.

Prepared by Steven Kowalski

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6

DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Ken Deering, Labor Relations Manager


Labor Relations

SUBJECT: Resolution approving a collective bargaining agreement with the


Grand Rapids Police Command Officers Association

The Grand Rapids Police Command Officers Association (GRPCOA) have advised the
City’s bargaining team that their membership has ratified the contract covering the
period of July 1, 2022, through June 30, 2025. The resolution outlines the economic
terms of the settlement of the agreement.

This agreement with GRPCOA is the final collective bargaining agreement to be


secured covering the FY 2023-2025 period and includes key provisions sought by
management as part of the negotiation process. This includes acceptance of proposed
language regarding civilian oversight for the bargaining unit, and extension of
progressive discipline timelines from two years to four years for Class 1 charges. Both
of these are consistent with the terms of agreement with the Grand Rapids Police
Officers Association.

Management has consistently sought to ensure that the total terms and compensation
provided through collective bargaining help to maintain our competitiveness in the
current labor market, and this is reflected in this agreement. Full financial terms are
outlined in the resolution below.

I recommend that the City Commission approve the resolution.


..

Packet Pg. 103


6

YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution approving a collective bargaining agreement with the Grand Rapids Police
Command Officers Association.

RESOLVED that:

1. The City shall add a G-Step which will be effective at 3 Years in the F-Step and with a
minimum of 10 years in the department for the position and is 3% over the F-Step,
retroactive to January 1, 2023.

2. The City shall add Juneteenth as a Paid Holiday.

3. The City shall change Progressive discipline from 2 years to 4-year lookback for
Class 1 charges.

4. The City shall have promotional exams that last 5 years instead of 3 years.

5. The City shall allow Acting Assignment to count towards probation and F-Step.

6. The City shall provide the Union a copy of FOIA responses for Personnel Records by
email.

7. The City shall provide a $1,000 non-pensionable payment to each employee.

8. The City shall add Oversight and Public Accountability (OPA) language as a policy
attached to the final agreement as an Appendix.

9. The City shall increase wages by 6.0% effective July 1, 2022, 2.0% effective July 1,
2023, and 1.5% effective July 1, 2024; with wage increase retroactive to July 1, 2022.

FURTHER RESOLVED that:

1. Upon reduction of said understanding to an Agreement in a form approved by the


City Attorney, the Mayor and City Clerk are authorized to execute the same on behalf of
the City; and

2. The City Commission shall consider and act upon the Salary Ordinance amendments
necessary in order to effectuate this labor agreement.

Prepared by Lauren Osborne

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Desireé A. Frugé, Chief Examiner


Human Resources Department

SUBJECT: Salary Ordinance for the Grand Rapids Police Command Officers
Association

The attached Ordinance would implement the provisions of the labor agreement
reached between the City of Grand Rapids and the Grand Rapids Police Command
Officers Association.

This Ordinance provides for the following wage increases for Command Officers:

July 1, 2022 6.0%


July 1, 2023 2.0%
July 1, 2024 1.5%

This Ordinance also provides for the establishment of a G step, to be effective January
1, 2023, for both the Police Lieutenant and Police Captain classifications, at 3% above
the respective F step rates as of July 1, 2023.

Please place this item on the next City Commission agenda.


..

Packet Pg. 105


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AN ORDINANCE TO FIX THE SALARIES AND RATES OF COMPENSATION OF


CERTAIN EMPLOYEES IN THE CITY OF GRAND RAPIDS CLASSIFIED IN CLASS
TITLES WHICH ARE WITHIN THE UNIFORMED EMPLOYEE BARGAINING UNIT; TO
ADOPT A SCHEDULE OF ANNUAL PAY RANGES FOR SUCH EMPLOYEES: TO
PROVIDE FOR THE ADOPTION OF RULES PRESCRIBING THE METHOD OF
PROVIDING FOR INCREASES AND DECREASES IN COMPENSATION WITHIN THE
PAY RANGES ESTABLISHED BY THIS ORDINANCE; TO PROVIDE FOR THE
REGULATION OF OTHER PERSONNEL MATTERS AND TO REPEAL ALL
ORDINANCES IN CONFLICT HEREWITH, SAID REPEAL TO BECOME EFFECTIVE
AS OF JULY 1, 2022.

ORDINANCE NO. 2023 -

THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:

Section 1 There is hereby established the following schedule of annual and


hourly pay ranges which shall be the basis for establishing the rates of compensation
for all employees in the classes of positions described in Section 1.1, 1.2, 1.3, and 1.4
inclusive, and which shall be effective July 1, 2022.

Section 1.1 Effective July 1, 2022, the following classifications shall be paid in an
amount listed opposite the class title:

Police Command Officers


Bargaining Unit Hourly Salary Rates
(With Rounded Annual Equivalents)

Class Salary Step and Hourly Rate/Annual


No Range Class Title Equivalent
813 01F Police Lieutenant E $49.1163/102,162
F $51.9970/108,154
814 02F Police Captain E $55.2776/114,977
F $58.0158/120,673

Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest
amount in the columns opposite the range number; a maximum rate which is the
highest amount in the columns opposite the range number.

Section 1.2 Effective January 1, 2023, the following classifications shall be paid
in an amount listed opposite the class title:

Police Command Officers


Bargaining Unit Hourly Salary Rates
(With Rounded Annual Equivalents)

Class Salary Class Title Step and Hourly Rate/Annual

Packet Pg. 106


7

No Range Equivalent
813 01F Police Lieutenant E $49.1163/102,162
F $51.9970/108,154
G $53.5569/111,399
814 02F Police Captain E $55.2776/114,977
F $58.0158/120,673
G $59.7563/124,293

Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest
amount in the columns opposite the range number; a maximum rate which is the
highest amount in the columns opposite the range number.

Section 1.3 Effective July 1, 2023, the following classifications shall be paid in an
amount listed opposite the class title:

Police Command Officers


Bargaining Unit Hourly Salary Rates
(With Rounded Annual Equivalents)

Class Salary Step and Hourly Rate/Annual


No Range Class Title Equivalent
813 01F Police Lieutenant E $50.0986/104,205
F $53.0369/110,317
G $54.6280/113,627
814 02F Police Captain E $56.3832/117,277
F $59.1761/123,086
G $60.9514/126,779

Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest
amount in the columns opposite the range number; a maximum rate which is the
highest amount in the columns opposite the range number.

Section 1.4 Effective July 1, 2024, the following classifications shall be paid in an
amount listed opposite the class title:

Police Command Officers


Bargaining Unit Hourly Salary Rates
(With Rounded Annual Equivalents)

Class Salary Step and Hourly Rate/Annual


No Range Class Title Equivalent
813 01F Police Lieutenant E $50.8501/105,768
F $53.8325/111,972
G $55.4474/115,331
814 02F Police Captain E $57.2289/119,036
F $60.0638/124,933

Packet Pg. 107


7

G $61.8657/128,681

Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest
amount in the columns opposite the range number; a maximum rate which is the
highest amount in the columns opposite the range number.

Section 2. No employee shall be paid at a rate lower than the minimum or higher
than the maximum rate of compensation in the salary range established by Sections
1.1, 1.2, 1.3, and 1.4 for the class to which their position has been allocated, provided
that any employee who upon the adoption of this Ordinance is receiving a rate of
compensation higher than the maximum rate herein established for their position shall
receive the rate of compensation now in effect and subsequent generally applied
increases.

Section 3. That all Ordinances in conflict herewith are repealed.

Prepared by Emilie Zuzek

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Connie M. Bohatch, Managing Director of Community Services


Community Development Department

SUBJECT: Resolution approving a $500,000 agreement with Community


Rebuilders for the Geo Targeted Housing Outreach Program

Attached is a resolution authoring execution of an agreement with Community


Rebuilders for the Geo Targeted Housing Outreach Program. This program will help
unsheltered homeless individuals obtain permanent housing. The agreement is in an
initial amount of $500,000 for a period beginning June 1, 2023, through September 30,
2025.

Community Rebuilders will conduct geographically targeted, housing focused street


outreach with unsheltered individuals to develop housing plans, relocate to interim
housing or shelter, conduct housing search, and obtain supportive services. This
targeted outreach approach was piloted as a one-time project from October 2021
through September 2022. Significant permanent housing outcomes were achieved with
persons experiencing long-term, street homelessness in the downtown and other areas.

In response to rising concerns about homelessness in Kent County, and based on


learnings from the piloted project, Community Rebuilders proposed a three- to four-year
program be implemented countywide through public-private partnerships. This proposal
focused on a longer-term, more sustainable strategy to address encampments and
secure permanent housing for unsheltered persons. It also supports increased
partnership and coordination with a variety of existing services to maximize community
resources.

The effort will focus initially on Monroe Center and Louis Campau Promenade engaging
with our most vulnerable residents. Interim housing will be provided with financial
assistance for rapid re-housing up to twelve months and permanent housing up to
twenty-four months. This program along with other measures, such as the “fusion
center,” will support the health and safety of the unhoused and restore public spaces to
their intended use.

City funds from the American Rescue Plan Act (ARPA) are intended to launch the

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program. Financial commitments are anticipated in the near future from philanthropic
and private and public sector partners, including the Grand Rapids Downtown
Development Authority. Those resources may be added to this agreement to be
managed by the Community Development Department.
..

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YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution authoring execution of an agreement with Community Rebuilders for the Geo
Targeted Housing Outreach Program.

RESOLVED:

1. That an agreement between the City and Community Rebuilders for the Geo
Targeted Housing Outreach Program in an amount not to exceed Five Hundred
Thousand Dollars ($500,000) is hereby approved; and

2. That the agreement period shall be from June 1, 2023, through September 30, 2025;
and

3. That upon approval as to form by the City Attorney, the Mayor is authorized to
execute said agreement, related documents, partner agreements and necessary
modifications, including amending the dollar amount and extensions of time.

Prepared by Connie M. Bohatch

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Mary Kate Berens, Deputy City Manager


Executive Office

SUBJECT: Resolution providing for the publication of and setting a public


hearing on an amendment to Section 9.136 of Chapter 152
"Disorderly Conduct" of the Grand Rapids City Code

Attached is a resolution setting a public hearing for July 11, 2023 at 2:00 p.m. for the
City Commission to consider amendments to the disorderly conduct provisions of the
City code. These code amendments would add definitions of “loitering” and “accost”
and prohibit such conduct in defined circumstances and/or locations. An accompanying
item setting a public hearing to amend nuisance provisions of the City code is also
included on today’s agenda. The detailed background information that led to these
recommendations is found in the memorandum associated with the nuisance code
changes.

An attachment to this memorandum shows the proposed changes to the City code in
strikethrough and underline. In summary, the proposed changes to the disorderly
conduct provisions of the code are narrowly tailored to address particular behaviors not
already defined in the code and that can make people fear for their safety. The
changes include:

• Definitions of loitering and accost;


• Prohibitions against loitering in doorways in a manner that interferes with the
function of the door; and
• Prohibitions against accosting another person in and around an ATM,
transportation vehicle, outdoor dining area or a special event.

Following the public hearing on July 11, the Commission is anticipated to provide final
direction on the proposed ordinances.

Attachments
..

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YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution authorizing the publication of and setting a public hearing to hear
amendments to Chapter 152 “Disorderly Conduct” of the Grand Rapids City Code.

WHEREAS, the City Commission desires to hold a public hearing on proposed


amendments to the City’s Disorderly Conduct Code; therefore

RESOLVED:

1. That a public hearing be held on Tuesday, July 11, 2023, at 2:00 p.m. in the City
Commission Chambers of Grand Rapids City Hall, 300 Monroe. Ave. N.W., to
obtain public comment on a proposed Ordinance amending Chapter 152
“Disorderly Conduct” of Title IX of the Grand Rapids City Code; and

2. That the attached Ordinance amending Section 9.136 of Chapter 152 “Disorderly
Conduct” of Title IX of the Grand Rapids City Code be published as part of the
proceedings; and

3. That the full text of the attached Ordinance be published in the official newspaper
of record as required by Article V, Section 10(a) of the City Charter.

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ORDINANCE AMENDING SECTION 9.136


OF CHAPTER 152 “DISORDERLY CONDUCT” OF TITLE IX
OF THE GRAND RAPIDS CITY CODE

ORDINANCE NO. 2023-______

THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:

Section 1. That Section 9.136 of Chapter 152, Title IX of the Code of the City of Grand
Rapids be amended to read as follows:

“Sec. 9.136. - Miscellaneous Offenses.

(1) Definitions. As used in this section and unless otherwise defined:

(a) Loitering means lingering or hanging around in a public area without


any apparent purpose for being there. Loitering includes but is not
limited to intentionally blocking or interfering with others’ ability to
safely use public spaces and rights-of-way.

(b) Accost means repeated nonconsensual conduct directed to another


person in such a manner as would cause a reasonable person to feel
harassed, intimidated, or that a commission of a criminal act was
about to occur.

(2) No person shall:

(a) Engage in peeping in the windows of any inhabited place.

(b) Make an indecent exposure of his or her person.

(c) Loiter in any public building or in any other building or premises


owned by another person after having been requested to leave by
the lawful owner or occupant or a representative of the owner or
occupant.

(d) Loiter or obstruct a doorway in such a manner that interferes with the
functioning of the door, or an individual’s ability to pass through the
doorway.

(e) Accost another person:

(i) Within twenty (20) feet of any Automated Teller Machine


(ATM).

(ii) In any public transportation vehicle, such as a bus or train, or


within twenty (20) feet of where such a vehicle takes on or
releases passengers.

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(iii) In any outdoor dining area or within twenty (20) feet of any
outdoor space where individuals are consuming food or
beverage.

(iv) At any permitted special event or within twenty (20) feet of a


permitted special event entrance or exit.

(f) Knowingly engage in or advertise any business which offers as its


principal activity the providing of nude models for artists or
photographers.

(g) Fire or shoot any air gun, spring gun, bow and arrow, slingshot or
other dangerous weapon or instrument in any street, avenue, alley,
public place or in any place in such a manner as to endanger or be
likely to endanger any person or property.”

Prepared by Asante Cain

Packet Pg. 115


9.a

Sec. 9.136. ‐ Miscellaneous Offenses. 

1. Definitions 

Attachment: Disorderly Conduct Loiter-Accost (003) Redlined(v2) (Public health and safety ordinances - Disorderly Conduct)
As used in this section and unless otherwise defined: 

Loitering means lingering or hanging around in a public area without any apparent purpose for being 
there. Loitering includes but is not limited to intentionally blocking or interfering with others’ ability to 
safely use public spaces and rights‐of‐way. 

Accost means repeated nonconsensual conduct directed to another person in such a manner as would 
cause a reasonable person to feel harassed or intimidated or that a commission of a criminal act was 
about to occur. 

2. No person shall: 

(1)a. Engage in peeping in the windows of any inhabited place. 

(2)b.  Make an indecent exposure of his or her person. 

(3) Knowingly engage in or adver se any business which offers as its principal ac vity the providing of 


nude models for ar sts or photographers. 

(4) Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other dangerous weapon or 
instrument in any street, avenue, alley, public place or in any place in such a manner as to endanger or 
be likely to endanger any person or property. 

(5)c.  Loiter in any public building or in any other building or premises owned by another person a er 
having been requested to leave by the lawful owner or occupant or a representa ve of the owner or 
occupant. 

d. Loiter or obstruct a doorway in such a manner that interferes with the func oning of the door, or an 
individual’s ability to enter or exit the buildingpass through the doorway. 

e. Accost another person in the following places: 

(i) while others are opera ng an Automated Teller Machine (ATM) or wWithin twenty (20) feet of any 
Automated Teller Machine (ATM) machine. 

(ii) iIn any public transporta on vehicle, such as a bus or train, or within twenty (20) feet of where such a 
vehicle takes on or releases passengers, or within twenty (20) feet of any bus stop. 

(iii) iIn any outdoor dining area or within twenty (20) feet of any outdoor space where individuals are 
consuming food or beverage.  

(iv) aAt any permi ed special event or within twenty (20) feet of a permi ed special event entrance or 


exit.  

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9.a

f. Knowingly engage in or adver se any business which offers as its principal ac vity the providing of 


nude models for ar sts or photographers. 

Attachment: Disorderly Conduct Loiter-Accost (003) Redlined(v2) (Public health and safety ordinances - Disorderly Conduct)
g. Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other dangerous weapon or 
instrument in any street, avenue, alley, public place or in any place in such a manner as to endanger or 
be likely to endanger any person or property. 

(Ord. No. 76‐14, 3‐2‐76; Ord. No. 78‐21, 4‐11‐78; Ord. No. 2014‐16, § 1, 3‐25‐14) 

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DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Mary Kate Berens, Deputy City Manager


Executive Office

SUBJECT: Resolution providing for the publication of and setting a public


hearing on an amendment to Section 9.108 and adding Section
9.108a to Chapter 151 "Nuisances" of the Grand Rapids City Code

Attached is a resolution setting a public hearing for July 11, 2023 at 2:00 p.m. for the
City Commission to consider amendments to the nuisance provisions of the City code
related to matters of public health and safety. These nuisance code amendments would
add provisions around the storage of personal property on public property. An
accompanying item setting a public hearing to amend the City code on disorderly
conduct is also included on this agenda.

At the May 23 Public Safety Committee meeting, the Committee recommended that the
City Manager bring forth resolutions and ordinances for consideration by the City
Commission at their meeting on June 13 that would:

• Limit the storage of personal property or items in the public rights of way
• Prohibit certain conduct during a financial transaction or within specified distance
of financial institutions/facilities
• Refine current park ordinances to address:
o Appropriate parks uses and the timing of those uses
o Storage of property or items in parks similar to adjacent rights of way

This report and recommendation was presented to the Commission as an item on the
night meeting agenda and is attached to this memorandum.

The concepts above were developed into two proposed ordinances through the work of
the City Attorney’s Office and staff across departments charged with enforcing or
implementing the provisions. Attached is a document showing the proposed changes to
the City nuisance code in strike-through and underline. Those changes are designed to
address issues associated with personal property items on public property, including
rights of way and public parks.

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The recommendations of the Public Safety Committee were the result of a series of
meetings arising out of direction from the City Commission in December 2022. Since
that time, the Public Safety Committee received information about public health and
safety concerns raised, particularly focused on behaviors and conditions in and around
the core of Downtown. A variety of response activities have been instituted, including
both city operational changes and resources, and systems change information around
services for the unhoused creation of affordable housing units throughout the City. A
brief summary of the work presented to the Public Safety Committee through this
engagement is summarized here:

Persistent Complaints about Public Health:


The City receives complaints about public health concerns arising from public urination
and defecation, as well as the accumulation of personal property in public rights of way
and other public property. To respond to those conditions, the City has:
· Increased cleaning within certain downtown corridors to daily Monday through
Friday; this cleaning has been supplemented as staff is available to additional
cleaning on a given day, or to weekend mornings (through use of staff overtime);
· Daily cleaning within the City’s parking ramps
· Daily cleaning of Rosa Parks Circle and other downtown parks
· Better coordination between the City and private property owners to ensure that
private property is timely cleaned as well
· Coordinated between the City’s HOT team, Grand Rapids Police, Parks and
Public Works maintenance staff, and the DGRI ambassadors regarding personal
property accumulated within rights of way and on other public property. The
teams now communicate consistently with people who have large amounts of
personal property about what is acceptable, and the cleaning described above is
consistent with those messages

Public Safety Concerns:


The Committee also learned of persistent behaviors that caused people working and
visiting downtown to feel less safe. The most frequent of these behaviors included
trespassing by individuals who had been asked to leave a property or area, and
harassing or intimidating behavior, particularly while patrons were engaged in a financial
or commercial activity (visiting an ATM, receiving a service, patronizing a restaurant or
other food/beverage location). In order to address some of those concerns:
· GRPD continues to emphasize foot patrol and police presence when other calls
for service allow;
· GRPD ensures timely response to assaultive and other violent behavior;
· the City has partnered with DGRI to increase private security in and around the
Monroe Center of downtown;
· City provides private security and/or full time staff at parking ramps and
downtown area parks;
· City has worked to allow prosecution of trespass through use of video evidence.

Systems Improvement Work:


The Committee also received information about the systems improvement work
underway through the efforts of the Continuum of Care (CoC), the entity that
coordinates the efforts of a large part of the area’s homelessness response network,

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and of Housing Kent, the backbone organization working with a variety of entities across
the non-profit and for-profit sectors to better ensure that housing of all types and all
affordability levels is available to the community. Leaders of both of these organizations
provided information about their strategic plans and areas of work focus over the next
year. This information provides a more robust picture of responsive efforts that will
ultimately help address the concerns raised around public health issues in particular. It
is expected that as this improvement work is accomplished, we will see a reduction in
people living unhoused, and a companion reduction in associated public health
concerns around accumulation of personal property.

Proposed Additional Ordinances:


The proposed ordinances address gaps identified as a result of the in-depth review
provided above. The nuisance code amendments would:
· More clearly define personal property and the amount of personal property that
can be stored on public property;
· Provide clear guidance for when the City must provide notice to an individual
before impounding personal property that violates the nuisance code; and
· Provide procedures for an individual to reclaim their impounded property

These changes will largely support the work that the City has already put in place to
manage excess property in the rights of way and parks. The recent budget approved by
the City Commission will allow for cleaning at the level of service described above. The
proposed ordinance changes support that work by more clearly supporting the policies
and procedures developed around the identification of property that can be impounded,
and notice and storage requirements.

Additional Support for Housing and Housing Stability Services:


Throughout the course of the Public Safety Committee review, the City received
feedback about the need for additional resources for the unhoused or for those suffering
from mental health or behavioral health issues. The most recent budget approved by
the City Commission includes (not a complete list):
· Permanent FTEs supporting the Homelessness Outreach Team (HOT)
· Contracts with Network 180 to support HOT and mental health crisis co-response
with GRPD
· Funds for personal property storage in partnership with Mel Trotter.

In addition, in a separate agenda item on June 13, the Commission will consider a
proposal to enter into a contract with Community Rebuilders to provide rapid rehousing
services.

Following the public hearing on July 11, the Commission is anticipated to provide final
direction on the proposed ordinances.

Attachments
..

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YOUR COMMITTEE OF THE WHOLE recommends adoption of the following


resolution authorizing the publication of and setting a public hearing to hear
amendments to Chapter 151 “Nuisances” of the Grand Rapids City Code.

WHEREAS, the City Commission desires to hold a public hearing on a proposed


Ordinance amending the Nuisance Code; therefore

RESOLVED:

1. That a public hearing be held on Tuesday, July 11, 2023, at 2:00 p.m. in the City
Commission Chambers of Grand Rapids City Hall, 300 Monroe. Ave. N.W., to
obtain public comment on a proposed Ordinance amending Chapter 151
“Nuisances” of Title IX of the Grand Rapids City Code; and

2. That the attached Ordinance amending Section 9.108 and adding Section 9.108a
of Chapter 151 “Nuisances” of Title IX of the Grand Rapids City Code be
published as part of the proceedings; and

3. That the attached summary of the proposed Ordinance be published in the


official newspaper of record in lieu of publishing the full text thereof as authorized
by Article V, Section 10(b) of the City Charter.

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SUMMARY OF ORDINANCE NO. 2023-______


AMENDING SECTION 9.108 AND ADDING SECTION 9.108a
OF CHAPTER 151 “NUISANCES” OF TITLE IX
OF THE GRAND RAPIDS CITY CODE

The Ordinance would amend Section 9.108 and add Section 9.108a of Article 8 of
Chapter 151 of Title IX, “Nuisances” to address abatement of personal property,
belongings, furnishings or equipment left on public property. Changes would include
the following:

• Delete subsection 8 regarding personal property and other items left in the right
of way from existing Section 9.108.
• Add Section 9.108a including:
o Adding definitions necessary for the administration of the section,
including definitions of public property, personal property, excess personal
property, essential personal property, and storage, among other
definitions;
o Establishing limitations and prohibitions for the attended and unattended
storage of personal property within Public Rights of Way and on other
Public Property;
o Clarifying pre- and post- impoundment rules for notification of the removal
or impoundment of personal property; and
o Adding prohibitions against tents and other attachments in certain public
areas.

NOTE: Copies of this ordinance are available for review and distribution in the
City Clerk’s Office, 300 Monroe Avenue NW, Grand Rapids, MI 49503.

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ORDINANCE AMENDING SECTION 9.108 AND ADDING SECTION 9.108a


OF CHAPTER 151 “NUISANCES” OF TITLE IX
OF THE GRAND RAPIDS CITY CODE

ORDINANCE NO. 2023-______

THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:

Section 1. That Section 9.108 of Chapter 151, Title IX of the Code of the City of Grand
Rapids be amended to read as follows:

“Sec. 9.108. - Nuisances Prohibited on Public and Private Property.


The following conditions are declared a public nuisance. All property within the City,
whether occupied or vacant, improved or unimproved, shall be maintained by the owner
free of the following nuisances:

(1) Ragweed, poison ivy, poison sumac, poison oak and similar plants.

(2) Any grass, weeds or undergrowth higher or longer than twelve (12) inches,
except:

(a) On portions of undeveloped property behind a wooded tree line.

(b) On portions of unsubdivided lands more than twenty-five (25) feet


from a public sidewalk or a street open to the public.

(c) On portions of undeveloped lots in a subdivision less than sixty (60)


percent developed lying more than twenty-five (25) feet from a public
sidewalk or public street.

(3) Any bush, shrub, tree or other vegetation or portion thereof obstructing the
line of vision or interfering with passage of pedestrians or motorists on a
sidewalk, walkway, driveway or street.

(4) Stagnant or Unsanitary Water.

(5) Garbage or rubbish or any other unhealthy, hazardous or offensive


condition, object or substance, subject to the following exceptions.
Residential composting, as that term is defined in this Chapter, shall be
permitted subject to the following conditions:

(a) Residential composting is only permitted on the premises of an


occupied residential dwelling.

(b) The compost may not contain animal waste, meat, bones, grease,
oils, fats, or cooked foods of any kind.

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(c) The compost must be completely contained in a fully enclosed and


commercially manufactured compost receptacle.

(d) The compost receptacle must be located in the rear yard of the
residential dwelling.

(e) The compost receptacle must be kept tightly covered except when
opened for deposit or removal of compost materials.

(f) The compost receptacle shall have a capacity of no greater than 64


cubic feet.

(g) The compost receptacle shall be constructed of rigid and durable


materials, which shall not include any of the following: burlap, tarp,
vehicle tires, wire mesh, chicken wire, flexible fencing material of any
kind, or any substantially similar materials.

(6) Any dead tree or any portion thereof, or any dying tree that presents a
hazard to any member of the public or to property.

(7) Any Unsecured Building. An unoccupied or vacant building, structure or part


thereof shall be kept secured by the owner against unauthorized entry and
water damage. Boarding shall be done in a manner and with materials as
specified in Section 9.110 of this Code.

(8) Reserved.

(9) Refrigerators, Freezers, or Similar Equipment Providing Enclosed Spaces.


A refrigerator, an airtight container, a tank with an open access hole and
any other contrivance or property which encloses or substantially encloses a
space is declared to be an unlawful and immediate hazard, a nuisance and
a violation of this Code if placed anywhere outdoors in a manner which
could result in injury or death. Such declared hazard, space or equipment
may be abated as an emergency without notice. Upon making harmless a
violation of this Section, the City shall issue a notice to abate the violation as
set forth in Section 9.111 of this Chapter.

(10) Failure to Maintain Alleys, Parkways, or Property Abutting Public Right-of-


Ways. Every owner shall be responsible for maintaining the following public
access areas abutting their property in compliance with this Article, including
the following:

(a) The sidewalk and parkway to the curb or street pavement, except for
dead trees;

(b) A public or utility easement to the centerline;

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(c) An alley or alleyway to the centerline, except for standing or stagnant


water.

(11) Inoperable, Unlicensed or Unregistered Vehicles. No more than one (1)


operable vehicle, that is unlicensed or unregistered shall be located
outdoors for more than seven (7) days on a property with a residential or
commercial structure. Such vehicle must be located behind a dwelling or
commercial building. Inoperable, unlicensed or unregistered vehicle storage
is prohibited on any vacant property, whether a structure exists on the
property or not.

(12) Outdoor Furniture. Any furniture or furnishings manufactured or intended to


be for indoor use and is not constructed to be used outdoors, shall not be
placed within the yard or on any unenclosed porch or similar area that will
allow access for vermin, weather or arson."

Section 2. That Section 9.108a of Chapter 151, Title IX of the Code of the City of Grand
Rapids be added to read as follows:

“Sec. 9.108a. - Personal Property, Belongings, Furnishings or Equipment Left in


the Right-of-Way.

(1) Definitions. The definitions contained in this subsection shall govern the
construction, meaning and application of words and phrases used in this
section.

(a) City Employee means any full or part-time employee of the City of
Grand Rapids or a contractor retained by the City for the purpose of
implementing this Section.

(b) Essential Personal Property means any and all personal property that
cumulatively is less than two cubic feet in volume, which, by way of
example, is the amount of property capable of being carried within a
backpack.

(c) Excess Personal Property means any and all personal property that
cumulatively exceeds the amount of property that could fit in a 32-
gallon container with the lid closed.

(d) Personal Property means any tangible property, and includes, but is
not limited to, goods, materials, merchandise, Tents, tarpaulins,
bedding, sleeping bags, hammocks, sheds, structures, mattresses,
couches, chairs, other furniture, appliances, and personal items such
as household items, luggage, backpacks, clothing, documents, and
medication.

(e) Public Area or Public Areas means all property that is owned,
managed or maintained by the City, including property under the

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jurisdiction of the Department of Parks and Recreation, and shall


include, but not be limited to, any street, sidewalk, medial strip,
space, ground, park, building or structure.

(f) Store, Stored, Storing or Storage means to put personal property


aside or accumulate for use when needed, to put for safekeeping,
and/or to place or leave in a public area. Moving personal property to
another location in a public area or returning personal property to the
same block on a daily basis shall be considered storing. This
definition shall not include any personal property that, pursuant to
statute, ordinance, permit, regulation or other authorization by the
City or State, is stored with the permission of the City on real property
that is owned or controlled by the City.

(g) Unattended means no person is present with the personal property to


assert or claim ownership of the personal property. Conversely,
property is considered "attended" if a person is present with the
personal property and the person claims ownership over the personal
property.

(2) Regulation and Impoundment of Stored Personal Property; Discard of


Certain Stored Personal Property.

(a) No person shall store any unattended personal property or attended


excess personal property in a public area. With pre-removal notice as
specified in Subsection 3(a), the City may impound any unattended
personal property in a public area, regardless of volume. Post-
removal notice shall be provided as set forth in Subsection 3(b).

(b) No person shall store any attended excess personal property in a


public area. With pre-removal notice as specified in Subsection 3(a),
the City may impound any attended excess personal property stored
in a public area. Post-removal notice shall be provided as set forth in
Subsection 3(b).

(c) No person shall store any personal property in a public area in such a
manner as to obstruct, disrupt, or interfere with City operations of any
nature, including but not limited to maintenance or cleaning. Without
prior notice, the City may temporarily move personal property,
whether attended or unattended, which is obstructing City operations
in a public area during the time necessary to conduct the City
operations. The City also may impound personal property that is
obstructing City operations in a public area, pursuant to Subsection
3(a) or 3(b).

(d) No person shall store any personal property in a public area in such a
manner that it does not allow for passage as provided by the
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104

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10

Stat. 328 (1990), as amended from time to time. Without prior notice,
the City may move and may immediately impound any personal
property, whether attended or unattended, stored in a public area in
such a manner that it does not allow for passage as required by the
ADA. Post-removal notice shall be provided as set forth in
Subsection 3(b).

(e) No person shall store any personal property, whether attended or


unattended:

(i) Within ten (10) feet of any operational or utilizable driveway or


loading dock;

(ii) Within five (5) feet of any operational or utilizable building


entrance or exit;

(iii) Within two (2) feet of any fire hydrant, fire plug, or other fire
department connection; or

(iv) In a manner which intentionally blocks or interferes with


others’ ability to safely use a public bench or other physical
public sitting structure.

(v) Without prior notice, the City may move and may immediately
impound any personal property, whether attended or
unattended, stored in a public area in violation of this
subsection. Post-removal notice shall be provided as set forth
in Subsection 3(b).

(f) No person shall store any personal property in a public area if the
personal property, whether attended or unattended, constitutes an
immediate threat to the public health or safety. Without prior notice,
the City may remove and may discard any personal property stored
in a public area if the personal property poses an immediate threat to
the health or safety of the public.

(i) Garbage or rubbish or any other unhealthy, hazardous or


unsafe item may be disposed immediately pursuant to City
protocol and is not required to be stored pending disposal.

(g) No person shall store any personal property, whether attended or


unattended, in such a manner that obstructs or interferes with any
activity in a public area for which the City has issued a permit.
Without prior notice, the City may move and may immediately
impound any personal property stored in a public area in violation of
this subsection. Post-removal notice shall be provided as set forth in
Subsection 3(b).

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(h) No person shall store any personal property, whether attended or


unattended, in such a manner as to obstruct any portion of a street or
other public right-of-way open to use by motor vehicles, a designated
bike lane or bike path, or other public right-of-way open exclusively to
use by bicycles. Without prior notice, the City may move and may
immediately impound any personal property, whether attended or
unattended, in violation of this subsection. Post-removal notice shall
be provided as set forth in Subsection 3(b).

(3) Notice.

(a) Pre-Removal Notice. Pre-removal notice shall be deemed provided


if a written notice is provided to the person who is storing or claims
ownership of the personal property, or is posted conspicuously on or
near the personal property. The written notice shall contain the
following:

(i) A general description of the personal property to be removed.

(ii) The location from which the personal property will be


removed.

(iii) The date and time the notice was posted.

(iv) A statement that the personal property has been stored in


violation of Subsection 2.

(v) A statement that the personal property may be impounded if


not removed from public areas.

(vi) A statement that moving personal property to another location


in a public area shall not be considered removal of personal
property from a public area.

(vii) The address where the removed public property will be


located, including a telephone number and the internet
website of the City through which a person may receive
information as to impounded personal property as well as
information as to voluntary storage location(s).

(viii) A statement that impounded personal property may be


discarded if not claimed within thirty (30) days after
impoundment.

(b) Post-Removal Notice. Upon removal of stored personal property,


written notice shall be conspicuously posted in the area from which
the personal property was removed. The written notice shall contain
the following:

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(i) A general description of the personal property removed.

(ii) The date and approximate time the personal property was
removed.

(iii) A statement that the personal property was stored in a public


area in violation of Subsection 2.

(iv) The address where the removed personal property will be


located, including a telephone number and internet website of
the City through which a person may receive information as to
impounded personal property.

(v) A statement that impounded personal property may be


discarded if not claimed within thirty (30) days after
impoundment.

(4) Storage and Disposal.

(a) Except as specified herein, the City shall move personal property to a
place of storage.

(b) Except as specified herein, the City shall move and store impounded
personal property for 30 days, after which time, if not claimed, it may
be discarded. The City shall not be required to undertake any search
for, or return, any impounded personal property stored for longer than
thirty (30) days.

(c) The City shall maintain a record of the date any impounded personal
property was discarded.

(d) Garbage or rubbish or any other unhealthy, hazardous or unsafe item


may be disposed immediately pursuant to City protocol and is not
required to be stored pending disposal.

(5) Repossession. The owner of impounded personal property may repossess


the personal property prior to its disposal upon submitting satisfactory proof
of ownership. A person may establish satisfactory proof of ownership by,
among other methods, describing the location from and date when the
personal property was impounded from a public area, and providing a
reasonably specific and detailed description of the personal property. Valid,
government-issued identification is not required to claim impounded
personal property.

(6) Ban on Tents and other Attachments in Certain Public Areas and
Regulation of Hours in other Public Areas.

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(a) Unless a permit is obtained, no person shall erect, configure,


construct, maintain, use, occupy, or allow to remain erected any tent
in any public area. Without prior notice, the City may deconstruct any
tent, whether attended or unattended, in violation of this subsection.
With pre-removal notice as specified in Subsection 3(a) or posted
signage, the City may impound any tent in violation of this
subsection.

(b) No person shall erect any barrier against or lay string or join any
wires, ropes, chains or otherwise attach any personal property to any
public property, including but not limited to, a building or portion or
protrusion thereof, fence, bus shelter, trash can, mailbox, pole,
bench, news rack, sign, tree, bush, shrub or plant, without prior
written consent of the City.

(c) No person shall erect any barrier against or lay string or join any
wires, ropes, chains or otherwise attach any personal property to any
private property in such a manner as to create an obstruction on or
across any street or area where the public may travel.

(d) Without prior notice, the City may remove any barrier, string, wires,
ropes, chains or other attachment of personal property, whether
attended or unattended, to any public property, or to any private
property which creates an obstruction to any Street or area where the
public may travel.”

Prepared by Mary Kate Berens

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10.a

AƩachment A

Amendment to Nuisance Code

 Sec. 9.108. - Nuisances Prohibited on Public and Private Property.

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
The following conditions are declared a public nuisance. All property within the City,
whether occupied or vacant, improved or unimproved, shall be maintained by the
owner free of the following nuisances:

(1) Ragweed, poison ivy, poison sumac, poison oak and similar plants.

(2) Any grass, weeds or undergrowth higher or longer than twelve (12) inches, subject to
the following exceptions. Grass, weeds and undergrowth higher or longer than twelve
(12) inches are permitted only in the following locationsexcept:

(a) On portions of undeveloped property behind a wooded tree line.

(b) On portions of unsubdivided lands more than twenty-five (25) feet from a public
sidewalk or a street open to the public.

(c) On portions of undeveloped lots in a subdivision less than sixty (60) percent
developed lying more than twenty-five (25) feet from a public sidewalk or public street.

(3) Any bush, shrub, tree or other vegetation or portion thereof obstructing the line of
vision or interfering with passage of pedestrians or motorists on a sidewalk, walkway,
driveway or street.

(4) Stagnant or Unsanitary Water.

(5) Garbage or rubbish or any other unhealthy, hazardous or offensive condition, object
or substance, subject to the following exceptions. Residential composting, as that term
is defined in this Chapter, shall be permitted subject to the following conditions:

(a) Residential composting is only permitted on the premises of an occupied residential


dwelling.

(b) The compost may not contain animal waste, meat, bones, grease, oils, fats, or cooked
foods of any kind.

(c) The compost must be completely contained in a fully enclosed and commercially
manufactured compost receptacle.

(d) The compost receptacle must be located in the rear yard of the residential dwelling.

Packet Pg. 131


10.a

(e) The compost receptacle must be kept tightly covered except when opened for
deposit or removal of compost materials.

(f) The compost receptacle shall have a capacity of no greater than 64 cubic feet.

(g) The compost receptacle shall be constructed of rigid and durable materials, which

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
shall not include any of the following: burlap, tarp, vehicle tires, wire mesh, chicken wire,
flexible fencing material of any kind, or any substantially similar materials.

(6) Any dead tree or any portion thereof, or any dying tree that presents a hazard to any
member of the public or to property.

(7) Any Unsecured Building. An unoccupied or vacant building, structure or part thereof
shall be kept secured by the owner against unauthorized entry and water damage.
Boarding shall be done in a manner and with materials as specified in Section 9.110 of
this Code.

(8) Personal Property, Belongings, Furnishings or Equipment Left in the Right-of-Way or


Between the Principal Building and the Right-of-Way. Personal property of any kind,
including but not limited to personal belongings, interior furnishings and equipment,
shall be deemed to be abandoned, of no value and unlawful if placed at or left for more
than twenty-four (24) hours on any public right-of-way or on any part of a property lying
between the principal building and a public right-of-way, except as specifically permitted
by this Code. Personal property placed in the public right-of-way pursuant to a court-
ordered eviction is subject to immediate removal forty-eight (48) hours after being
placed in the right-of-way.

(8) Reserved.

(998) Refrigerators, Freezers, or Similar Equipment Providing Enclosed Spaces. A


refrigerator, an airtight container, a tank with an open access hole and any other
contrivance or property which encloses or substantially encloses a space is declared to
be an unlawful and immediate hazard, a nuisance and a violation of this Code if placed
anywhere outdoors in a manner which could result in injury or death. Such declared
hazard, space or equipment may be abated as an emergency without notice. Upon
making harmless a violation of this Section, the City shall issue a notice to abate the
violation as set forth in Section 9.111 of this Chapter.

(10109) Failure to Maintain Alleys, Parkways, or Property Abutting Public Right-of-Ways.


Every owner shall be responsible for maintaining the following public access areas
abutting their property in compliance with this Article, including the following:

(a) The sidewalk and parkway to the curb or street pavement, except for dead trees;

(b) A public or utility easement to the centerline;

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10.a

(c) An alley or alleyway to the centerline, except for standing or stagnant water.

(1110) Inoperable, Unlicensed or Unregistered Vehicles. No more than one (1) operable
vehicle, that is unlicensed or unregistered shall be located outdoors for more than
seven (7) days on a property with a residential or commercial structure. Such vehicle
must be located behind a dwelling or commercial building. Inoperable, unlicensed or

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
unregistered vehicle storage is prohibited on any vacant property, whether a structure
exists on the property or not.

(1221) Outdoor Furniture. Any furniture or furnishings manufactured or intended to be


for indoor use and is not constructed to be used outdoors, shall not be placed within
the yard or on any unenclosed porch or similar area that will allow access for vermin,
weather or arson."

(Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2010-30, § 1, 6-22-10; Ord. No. 2013-44, §§ 2, 3,
9-10-13, eff. 10-1-13)

 Sec. 9.108a9. - Abatement of Property Maintenance NuisancesPersonal


Property, Belongings, Furnishings or Equipment Left in the Right-of-
Way.

1. Definitions. The definitions contained in this subsection shall govern the construction,
meaning and application of words and phrases used in this section.

a. "City Employee" means any full or part-time employee of the City of Grand
Rapids or a contractor retained by the City for the purpose of implementing this
Section.

b. "Essential Personal Property" means any and all Personal Property that
cumulatively is less than two cubic feet in volume, which, by way of example, is
the amount of property capable of being carried within a backpack.

c. "Excess Personal Property" means any and all Personal Property that
cumulatively exceeds the amount of property that could fit in a 32-gallon
container with the lid closed.

d. "Personal Property" means any tangible property, and includes, but is not
limited to, goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping
bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture,
appliances, and personal items such as household items, luggage, backpacks,
clothing, documents, and medication.

e. "Public Area" or "Public Areas" means all property that is owned, managed or
maintained by the City, including property under the jurisdiction of the

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Department of Parks and Recreation, and shall include, but not be limited to, any
Street, sidewalk, medial strip, space, ground, park, building or structure.

f. "Store", "Stored", "Storing" or "Storage" means to put Personal Property aside


or accumulate for use when needed, to put for safekeeping, and/or to place or
leave in a Public Area. Moving Personal Property to another location in a Public

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
Area or returning Personal Property to the same block on a daily basis shall be
considered Storing and shall not be considered to be removing the Personal
Property from a Public Area. This definition shall not include any Personal
Property that, pursuant to statute, ordinance, permit, regulation or other
authorization by the City or state, is Stored with the permission of the City on
real property that is owned or controlled by the City.

g. "Unattended" means no Person is present with the Personal Property towho


asserts or claims ownership overof the Personal Property. Conversely, property
is considered "Attended" if a Person is present with the Personal Property and
the Person claims ownership over the Personal Property.

2. Regulation and Impoundment of Stored Personal Property; Discard of Certain


Stored Personal Property

a. No Person shall Store any Unattended Personal Property or Attended excess


Personal Property in a Public Area. With pre-removal notice as specified in
Subsection 3.(a), the City may impound any Unattended Personal Property in a
Public Area, regardless of volume. Post-removal notice shall be provided as set
forth in Subsection 3.(b), below.

b. No Person shall Store any Attended Excess Personal Property in a Public Area.
With pre-removal notice as specified in Subsection 3.(a), the City may impound
any Attended Excess Personal Property Stored in a Public Area. Post-removal
notice shall be provided as set forth in Subsection 3.(b), below.

c. No Person shall Store any Personal Property in a Public Area in such a manner as
to obstruct, disrupt, or interfere with City operations of any nature within that
Public Area, including but not limited to maintenance or cleaning. Without prior
notice, the City may temporarily move Personal Property, whether Attended or
Unattended, which is obstructing City operations in a Public Area during the time
necessary to conduct the City operations. The City also may impound Personal
Property that is obstructing City operations in a Public Area, pursuant to
Subsection 3.(a) or 3.(b).

d. No Person shall Store any Personal Property in a Public Area in such a manner
that it does not allow for passage as provided by the Americans with Disabilities
Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to
time. Without prior notice, the City may move and may immediately impound

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any Personal Property, whether Attended or Unattended, Stored in a Public Area


in such a manner that it does not allow for passage as required by the ADA. Post-
removal notice shall be provided as set forth in Subsection 3.(b), below.

e. No Person shall Store any Personal Property, whether Attended or Unattended,


within:

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
i. Within ten (10) feet of any operational or utilizable driveway or loading
dock;
ii. Within five (5) feet of any operational or utilizable building entrance or
exit;
iii. Within two (2) feet of any fire hydrant, fire plug, or other fire department
connection; or
iv. In a manner which intentionally blocks or interferes with others’ ability to
safely use a public bench or other physical public sitting structure.
v. Without prior notice, the City may move and may immediately impound
any Personal Property, whether Attended or Unattended, Stored in a
Public Area in violation of this subsection. Post-removal notice shall be
provided as set forth in Subsection 4.(b), below.

f. No Person shall Store any Personal Property in a Public Area if the Personal
Property, whether Attended or Unattended, constitutes an immediate threat to
the health or safety of the public health or safety. Without prior notice, the City
may remove and may discard any Personal Property Stored in a Public Area if
the Personal Property poses an immediate threat to the health or safety of the
public.
i. Garbage or rubbish or any other unhealthy, hazardous or unsafe item
may be disposed immediately pursuant to City protocol and is not
required to be stored pending disposal.
g. No Person shall Store any Personal Property, whether Attended or Unattended,
in such a manner that obstructs or interferes with any activity in a Public Area for
which the City has issued a permit. Without prior notice, the City may move and
may immediately impound any Personal Property Stored in a Public Area in
violation of this subsection. Post-removal notice shall be provided as set forth in
Subsection 3.(b), below.

h. No Person shall Store any Personal Property, whether Attended or Unattended,


in such a manner as to obstruct any portion of a street or other public right-of-
way open to use by motor vehicles, a designated bike lane or bike path, or other
public right-of-way open exclusively to use by bicycles. Without prior notice, the
City may move and may immediately impound any Personal Property, whether
Attended or Unattended, in violation of this subsection. Post-removal notice shall
be provided as set forth in Subsection 3.(b), below.

3. Notice.

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a. Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written


notice is provided to the Person who is Storing or claims ownership of the
Personal Property, or is posted conspicuously on or near the Personal Property..
The written notice shall contain the following:
i. A general description of the Personal Property to be removed.
ii. The location from which the Personal Property will be removed.

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
iii. The date and time the notice was posted.
iv. A statement that the Personal Property has been stored in violation of
Subsection 32.
v. A statement that the Personal Property may be impounded if not
removed from Public Areas.
vi. A statement that moving Personal Property to another location in a
Public Area shall not be considered removal of Personal Property from a
Public Area.
vii. The address where the removed Public Property will be located, including
a telephone number and the internet website of the City through which a
Person may receive information as to impounded Personal Property as
well as information as to voluntary storage location(s).
viii. A statement that impounded Personal Property may be discarded if not
claimed within thirty (30) days after impoundment.

b. Post-Removal Notice. Upon removal of Stored Personal Property, written notice


shall be conspicuously posted in the area from which the Personal Property was
removed. The written notice shall contain the following:
i. A general description of the Personal Property removed.
ii. The date and approximate time the Personal Property was removed.
iii. A statement that the Personal Property was stored in a Public Area in
violation of Subsection 32.
iv. The address where the removed Personal Property will be located,
including a telephone number and internet website of the City through
which a Person may receive information as to impounded Personal
Property.
v. A statement that impounded Personal Property may be discarded if not
claimed within thirty (30) days after impoundment.

4. Storage and Disposal.


a. Except as specified herein, the City shall move Personal Property to a place of
storage.
b. Except as specified herein, the City shall move and store impounded Personal
Property for 30 days, after which time, if not claimed, it may be discarded. The
City shall not be required to undertake any search for, or return, any impounded
Personal Property stored for longer than thirty (30) days.
c. The City shall maintain a record of the date any impounded Personal Property
was discarded.

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10.a

d. Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be


disposed immediately pursuant to City protocol and is not required to be stored
pending disposal.

5. Repossession. The owner of impounded Personal Property may repossess the


Personal Property prior to its disposal upon submitting satisfactory proof of ownership.

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
A Person may establish satisfactory proof of ownership by, among other methods,
describing the location from and date when the Personal Property was impounded from
a Public Area, and providing a reasonably specific and detailed description of the
Personal Property. Valid, government-issued identification is not required to claim
impounded Personal Property.

6. Ban on Tents and other Attachments in Certain Public Areas and Regulation of
Hours in other Public Areas.

a. Unless a permit is obtained, no Person shall erect, configure, construct,


maintain, use, occupy, or allow to remain erected any Tent in any Public Area.
Without prior notice, the City may deconstruct any Tent, whether Attended or
Unattended, in violation of this subsection. With pre-removal notice as specified
in Subsection 3.(a) or posted signage, the City may impound any Tent in violation
of this subsection.
b. No Person shall erect any barrier against or lay string or join any wires, ropes,
chains or otherwise attach any Personal Property to any public property,
including but not limited to, a building or portion or protrusion thereof, fence,
bus shelter, trash can, mailbox, pole, bench, news rack, sign, tree, bush, shrub or
plant, without the City's prior written consent of the City.
c. No Person shall erect any barrier against or lay string or join any wires, ropes,
chains or otherwise attach any Personal Property to any private property in such
a manner as to create an obstruction on or across any Street or area where the
public may travel.
d. Without prior notice, the City may remove any barrier, string, wires, ropes, chains
or other attachment of Personal Property, whether Attended or Unattended, to
any public property, or to any private property which creates an obstruction to
any Street or area where the public may travel.

 Sec. 9.110. - Standards for Abatement of Structural Nuisances.

All windows, doors or other openings in a vacant or unoccupied structure which can be
reached from the ground or from an appurtenance or adjacent structure shall be in
good repair and locked or otherwise fastened from the inside or shall be secured in the
manner set forth in this Code. All openings or structural elements in poor repair which

Packet Pg. 137


10.a

allow the interior to be damaged by water shall be secured or otherwise made


watertight.

(1) Boarding Exterior Openings. Boarding shall be secured by use of exterior grade
plywood of at least ⅜″ thickness, cut to the size of the opening and secured by use of
Phillips headed 2½″ long screws, spaced to inhibit prying, on all first story or ground

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
accessible points of entry or by use of 16d common nails which are permitted only on
entry points being secured above the first story or where not accessible from the
ground level. Boards may be placed over all points of entry. Open holes, overlapping
and extensions beyond the frame which allow prying are not permitted. Boarding shall
be painted either white, grey or a color similar to that of the boarded building.

(2) Time Limit to Secure Structure. A City order to board or secure a property shall be
complied with in not more than seventy-two (72) hours. If the securing has not been
commenced, is incomplete, or does not comply with the requirements for boarding, the
City shall secure the structure and the City shall bill the owner of record for all costs
incurred, including service fees and administrative costs. The amount so billed shall
constitute a personal debt of the owner and may be assessed as a lien against the cited
property.

(Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2010-30, § 2, 6-22-10)

 Sec. 9.111. - Notice to Abate.

Upon observing a violation of the provisions of this Article upon any property not under
the control or ownership of the City of Grand Rapids, the County of Kent or the State of
Michigan, the City may issue a Notice to Abate. The Notice to Abate shall include:

(1) The nature and location of the violation.

(2) The time within which the violation must be abated.

(3) Notice that the City may act to abate the violation if it is not abated by the owner
within a reasonable time stated in the Notice, but which may not exceed fifteen (15)
days.

(4) Notice that the cost of such action by the City, plus an administrative fee, shall be a
personal debt of the owner, which may be assessed as a lien against the property until
paid.

(5) Notice that any refusal to allow the City to abate an uncorrected violation shall be a
separate violation under this Code.

(Ord. No. 2006-32, § 1, 6-6-06)

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10.a

 Sec. 9.112. - Authorization for City Abatement.

Upon failure of a property owner to abate a violation as ordered in a Notice to Abate,


the City may abate the nuisance. This abatement may be performed by the City, by a
contract vendor, or by other means determined by the City.

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
(Ord. No. 2006-32, § 1, 6-6-06)

 Sec. 9.113. - Code Enforcement Actions; Additional Abatement Notices


and Actions and Administrative Fees.

The actions taken to abate a public nuisance pursuant to this Article may include any of
the actions provided for in this Section as determined by the City. The fees necessary for
the administration of this Article and authorized by Section 9.114 shall be established
from time to time by resolution of the City Commission. Where any action not
specifically authorized by this Section is taken by the City, the fee charged by the City
shall include the actual cost of such action and any administrative costs incurred in
taking such action. Actions specifically authorized by this Section and the administrative
fees shall include the following:

(1) Notice to Abate;

(2) Search Warrant;

(3) Contact Request or Warning of Abatement Action;

(4) Attorney Warning Letter;

(5) Civil Infraction Preparation;

(6) Additional Inspections;

(7) Vendoring;

(8) Second and Subsequent Vendoring;

(9) Vehicle Removal;

(10) Second and Subsequent Vehicle Removal;

(11) Denied Entry.

(Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2011-44, § 4, 10-11-11)

 Sec. 9.114. - Charge to Owner.

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10.a

All of the costs of Code enforcement and abatement-related activities on private or


public property provided for in this Article incurred by the City shall be billed to the
owner and shall be paid within 30 days of mailing. All costs of actual abatement and any
Code enforcement or abatement-related activities, as provided for in this Article, shall
be a personal debt owed the City by the owner of any private property upon which a
public nuisance is located. The debt shall also, in addition to being a personal debt, be

Attachment: Nuisance Property (4) Redlined(v2) (Public health and safety ordinance - Nuisance Property)
charged against such premises and the owner thereof and shall be a lien on the
property until paid.

It shall be a violation of this Code for any person to fail, neglect or refuse to comply with
an order issued pursuant to the provisions of this Chapter unless an appeal is lawfully
filed as provided for in this Chapter."

(Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2011-44, § 4, 10-11-11)

 Sec. 9.115. - Penalties.

A violation of Section 9.108-Section 9.109 of this Code is a civil infraction.

(Ord. No. 2006-32, § 1, 6-6-06)

 Secs. 9.116—9.130. - Reserved.


 ARTICLE 9. – RESERVED[9]

Footnotes:

--- (9) ---

Editor’s note: Ord. No. 2006-32, § 2, adopted June 6, 2006, repealed Art. 9 in its entirety. Formerly, said article pertained to
unoccupied structure nuisances.

 Secs. 9.116—9.119. - Reserved.

Packet Pg. 140


10.b
8.3

Attachment: pgs 88 - 158 of Agenda - Tuesday, May 23, 2023 (Public health and safety ordinance - Nuisance Property)
DATE: May 23, 2023

TO: Mark Washington, City Manager

FROM: Mary Kate Berens, Deputy City Manager


Executive Office

SUBJECT: Public Safety Committee Report and Recommendation to City


Commission

In December 2022, the City Commission referred issues regarding Public Safety and Health in
Downtown to the Public Safety Committee. Over the last few months, the Public Safety
Committee has received information about various public health and safety issues and specific
City initiatives and enhancement to address these concerns. At the April 25, 2023, Public Safety
Committee meeting, staff presented a report outlining improvements and enhancements made
under existing policies, which are expected to better address health and safety issues
throughout the City and in particular areas downtown. The report and attachments are included
with this memo.

At the May 23rd Public Safety meeting the Public Safety Committee recommended that the City
Manager bring forth resolutions and ordinances for consideration by the City Commission at
their meeting on June 13th that would:

• Limit the storage of personal property or items in public rights of way


• Prohibit certain conduct during a financial transaction or within specified distance of
financial institutions/facilities
• Refine current park ordinances to address:
o Further refine/define appropriate parks uses and the timing of those uses
o Address storage of property or items in parks similar to adjacent rights of way

It is staff’s intention to bring forward draft resolutions and ordinances at the June 13th City
Commission meeting in addition to setting a public hearing on the resolutions and ordinances.

Prepared by Asante Cain

Packet
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Pg.141
88
8.3.a
10.b

Property)
City Commission)
DATE: April 25, 2023

TO: Mark Washington, City Manager

safety ordinanceto- Nuisance


FROM: Mary Kate Berens, Deputy City Manager
Executive Office

Recommendation
SUBJECT: Public Health and Safety Report and Next Steps

In December 2022 the City Commission referred issues around aggressive and misdemeanor
behavior issues occurring Downtown to the Public Safety Committee (PSC). Over the course of
the last several months, the Committee has received information about a variety of public health

and
and safety issues that occur downtown and in other areas of the City and specific City initiatives

and
to address those behaviors. The specific City actions identified in response are included in

health
Attachment 1a and described in more detail below. In addition, a number of community

Report
engagement sessions were held in March to hear about health and safety issues from the

2023 (Public
general public.

23, Committee
This memorandum includes an assessment of how existing City initiatives and the system
improvement work of partner organizations designed to better address root cause factors align
with the themes from the public around public health and safety and identifies areas where gaps
exist. Finally, the memo includes modifications in City practices that we intend to make to

Safety
address those gaps.

(PublicMay
Community Feedback/Public Health and Safety Concerns:

- Tuesday,
Both through communication of concerns to the City Commission in late 2022, and then through

Safety Info
two general public engagement sessions and focus groups, all held in March 2023, the City has
received feedback about the factors that contribute to or detract from feelings of safety. The

of Agenda
March engagement sessions were intended as a broad conversation about health and safety,
observations about what safety means to them, ideas for ways to improve feelings of safety
where needed and how various stakeholders could contribute to this effort. Flagged here are

Public
summary themes from the question about what tends to make people feel safe (or tends to
88 - 158
detract from that sense of safety). The full summary of all the facilitated questions can be found
as Attachment 1b. The major themes from these engagements capture a wide range of 4-25-23
expectations and experiences, summarized as follows:
Attachment:pgs
Attachment:

• Some mentioned a desire to see police change tactics, asking permission to


examine private property and have greater transparency and less “random profiling.”
Others mentioned feeling safe in the presence of police foot patrols that respond
quickly to calls for support, particularly when officers know people in the
communities they serve in.
• Some mentioned anxiety when driving or walking around Grand Rapids, referencing
areas like Wealthy St., Division St., concerns when approached by strangers or
people who are visibly armed (civilians), with anxiety around carrying a purse.

Packet
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Pg.142
89
8.3.a
10.b

Conversely, attendees mentioned feeling safe if they know the community they’re in
and the people there.
• Some associated feelings of safety with lights at night, water to drink, accessible
restrooms, and clean public spaces, with high foot traffic.

Property)
City Commission)
• Some mentioned anxiety when in spaces with mostly people who do not look like
them (i.e., women of color in a population that is mostly not people of color).
• Some mentioned feeling safe when businesses have proper private security systems

safety ordinanceto- Nuisance


(with things like cameras, etc.) and “make it more inviting.”
• Some mentioned an employee’s piece of mind.
• Several mentioned the City’s HOT team.
• Some mentioned prompt police response, though others mentioned they

Recommendation
occasionally feel unsafe in the presence of uniformed police officers due to prior
experiences.
• Some referenced lighting in public spaces, along with more foot traffic and public
restrooms.
• Some distinguished between feelings of safety downtown compared to what makes
them feel safe in neighborhoods—i.e., they feel safer in their neighborhoods than

and
they may downtown based on knowing more people in their neighborhood, etc.

and
health
• Some attendees with experience staying in shelters expressed feeling a lack of

Report
safety in those spaces.
• Some mentioned variations in feelings of safety by time of day—with higher feelings

2023 (Public
23, Committee
of safety between 9p and 4:30p
• Some mentioned the visibility of police or private security on a regular basis as a
way to feel safer.
• (Summary from business owner communications): Persistent concerns about

Safety
harassment, public defecation, trespassing, and assault. Notes that despite

(PublicMay
significant investment in technology and other responses, employees, visitors and
customers still express concern/lack of willingness to be downtown.

- Tuesday,
• (Summary from youth-focused engagement session): Youth sheltering is limited and
unsafe. Issue mentioned: fights, toileting in public, due to no facilities. Difficult

Safety Info
mixing ages in same shelter. Tents are safer for youth even in inclement weather.
Services are centralized in the downtown area and people know where to go. Need

of Agenda
places to go that are safe and non-threatening. There are 14 beds for males at Mel
Trotter. Females subject to sexual harassment. Don’t feel safer with police. A “red

Public
van” stalks homeless women and children. No support to address abductions.

The March public engagement sessions included note takers for each table capturing the 88 - 158
4-25-23
facilitated discussion around question prompts. The full set of notes from those note takers is
Attachment:pgs

available on request.
Attachment:

Key Related City Initiatives:

In December 2022 when asked to consider additional ordinances to enhance feelings of safety
in downtown and other commercial areas, the Commission received an overview of the full
range of existing City ordinances related to the conditions that were shared at the time. The
Manager directed the responsible staff and departments to improve education and awareness of
existing ordinances, and track, through reasonable means, complaints and responses to known
issues. Since that time, the City taken a number of steps, a few to highlight are:

Packet
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Pg.143
90
8.3.a
10.b

• Prepared educational materials about codes and ordinances and who to call for
potential violations
• Used 311 as an intake point for complaints, with clear assignment of response to

Property)
City Commission)
the appropriate City departments. For the period of January 1 to March 31, 311
received:
o 73 total calls related to homelessness; of those:
 Times a caller reported a homeless encampment – 12

safety ordinanceto- Nuisance


 Times a caller was seeking housing or homeless services – 4
• Continued staff support for the Homeless Outreach Team (HOT) including recent
approval to hire additional staff to backfill for what was originally intended as a
temporary assignment. This lends permanence to the team, which focuses on

Recommendation
partnering with Network 180 and other service providers in street outreach.
These efforts build relationship both with those needing services and with
adjacent businesses and residents. Those relationships are responsive to some
of the public safety themes, including compassion for those experiencing
homelessness, assistance in limiting or eliminating conditions that are unsafe for
both the individual sleeping outside and adjacent businesses, and connecting

and
and
people with the services that they need. During the period of January 1 to March

health
31, HOT accomplished the following (highlights):

Report
o Jail and Emergency Department Diversions – 8

2023 (Public
o Outreach Contacts – 1,200

23, Committee
o Substance Use Disorder (SUD) Screenings – 27
o Business and Agency Contacts – 83
• Continued our pro-active response to unlawful encampments using our code
enforcement process, with responses to 22 encampments during January 1 to

Safety
March 31 (responses always including notice and outreach to find available

(PublicMay
resources and alternative shelter)
• Conducted emphasis patrols in City parks, reinforcing the dusk to dawn closure

- Tuesday,
hours for all parks users (absent a special event permit)

Safety Info
Some of the more persistent complaints that we have received relate to cleanliness of the right
of way and concern about accumulation of items and materials; public urination and defecation;

of Agenda
and trespass by individuals who also commit aggressive or destructive offenses. Following are
City protocols or improvements made specifically on these fronts:

Public
Cleanliness in the Rights-of-Way and Public Parks
88 - 158
4-25-23
• Broadened cross-departmental awareness and understanding of existing ordinances,
particularly around Ordinance 65-12, 9-7-65 (Title IV, Chapter 51 – Streets, Article 1 -
Attachment:pgs

Sec. 4.1. – Definitions) related to obstructions and transport of articles. GR HOT


Attachment:

continues to educate the public on ordinances related to activity on Monroe Center. Most
recently GR HOT has focused on this ordinance Ord. No. 65-12 as it relates to
obstructions incidental to the expeditious movement of articles and things to and from
abutting premises
• Added cleaning daily M-F along the following corridors (Note: moved from weekly to
daily cleaning and inspection in response to volume of complaints and anticipated
increase in need with spring/summer). This work includes coordination with HOT for the
storage and retrieval of any personal belongings, as needed:
o Monroe Center – end to end

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91
8.3.a
10.b

o Division Avenue – Fulton Street to Cherry Street


o Bridge Street – Scribner Avenue to Stocking Avenue
o Alley – between Cherry Street and Williams Street
o Leonard Street – under US131

Property)
o Ann Street – under US131

City Commission)
o Continued financial support for storage of personal property in partnership with
Mel Trotter
• Commenced seasonal early morning maintenance and cleaning at downtown parks,

safety ordinanceto- Nuisance


including Rosa Parks Circle

Public Urination/Defecation

• Daily (or as needed) cleaning of City parking ramps, with downtown ramps

Recommendation
impacted significantly
• Additional public restrooms are planned for installation, which may provide longer
term improvements, including at Heartside park (open during park hours upon
completion of construction); Veterans’ Park (open during park hours upon
completion of construction); and within the new alley plaza improvement adjacent

and
to Van Andel Arena (DGRI project)

and
health
Report
Repetitive Trespass & Disorderly Conduct

2023 (Public
• Working with property owners and private security along Skywalk on a number of

23, Committee
issues, including Crime Prevention through Environmental Design analysis of the
Skywalk and access/egress points
• Worked with City Attorney’s office to increase understanding of how to effectively
use video evidence in enforcement of trespass complaints (outreach and

Safety
education of business community to come)

(PublicMay
• In response to incidents and complaints of disorderly behavior, even though

- Tuesday,
there was no significant increase in violent crime, Police Chief Eric Winstrom
increased police patrols in the central business district, resulting in increased
contact with businesses, citations, and arrests during the period of November 23

Safety Info
through January 19. This focused effort led to 50 citations and 52 arrests

of Agenda
(previously reported to PSC in February). While this focused enforcement is not
maintained at all times, it can be used as an emphasis patrol tool.

Public
Actions to generally address feelings of safety

• By the end of April, Parks will have private security contracts underway to 88 - 158
4-25-23
provide mobile night patrol of 11 downtown district parks (Rosa Parks Circle,
Attachment:pgs

Monument, Veteran’s, Heartside, Oakes, Canal, Sixth Street, Fish Ladder,


Attachment:

Lookout, Reservoir, and Belknap) and will visually inspect parks and adjacent
parking lots, instruct individuals in parks after dark to vacate, and communicate
with GRPD for enforcement assistance.
• City, with other partners, contracting for private security to be present on Monroe
Center, Skywalk, other downtown areas.
• Continued diversifying response capability for emergency calls, including HOT
and Mobile Crisis response units

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8.3.a
10.b

Key Related Systems Improvement Work

Many of the themes we heard during the public engagement process, and the City’s own
experience in enforcing laws and ordinances over the years, point to failures in other safety net

Property)
systems as root causes. While not conflating criminality and homelessness, we must

City Commission)
acknowledge that some of the solutions to the conditions complained of as detracting from
public health and safety will be found through improvements to and increases in homelessness
response systems and resources, mental health systems and resources, and broader, barrier-

safety ordinanceto- Nuisance


free access to stable housing. While not exhaustive, the Public Safety committee did receive
information about the current work plans of both the Continuum of Care (homelessness
response) and Housing Kent (backbone organization working on systems improvement across
the spectrum of housing)

Recommendation
Continuum of Care Systems Improvement Work

Courtney Myers-Keaton, Executive Director of the Continuum of Care (CoC) reported to the
PSC in February about the history, structure and strategic plan for the Continuum of Care. That
report is included here as Attachment 1c. Those initiatives most related to the public feedback
themes relate to outreach and availability of housing and improved shelter options. As a

and
reminder, the CoC is currently working on a street outreach alignment effort, led by Pine Rest,

and
to align agencies that perform street outreach around a housing first model. The CoC also has

health
Report
committees working on permanent supportive housing, which would increase access to low-
barrier, permanent housing, and on built-for-zero or other efforts to eliminate homelessness for

2023 (Public
families, youth and veterans.

23, Committee
Housing Kent Systems Improvement Work

Eureka People, Executive Director of Housing Kent, reported on the efforts of that backbone

Safety
organization in February as well. Attachment 1d is the full report provided to the PSC. Several

(PublicMay
of the initiatives identified are aligned with delivering improvements that were identified as
needed in our public engagement sessions, including:

- Tuesday,
• Building a system map that identifies key providers, funding, processes and other
components of housing in Kent County

Safety Info
• Digging into eviction prevention programs and opportunities to divert evictions further

of Agenda
“upstream” in the process, both to help people stay in housing and to avoid the negative
impact of an eviction on future housing
• Development of a housing dashboard

Public
• Convene a body with lived experience to contribute to the work across many fronts

Other Systems Improvement Work 88 - 158


4-25-23
While we did not provide detailed presentations to the PSC on all other related work efforts with
Attachment:pgs

some connection to public health and safety, there are a number of other initiatives that address
key themes. Many participants in our community engagement meetings noted the need for
Attachment:

more accessible mental health supports. In addition to the co-response units the City has
launched with HOT and Mobile Crisis response, the new Behavioral Health Crisis Center is
anticipated to open later in 2023. This center is a partnership of Network 180 and Trinty Health
St. Mary’s and is expected to dramatically increase the speed of access to mental health
support for those in crisis.

A number of participants also spoke to the need to increase feelings of community and build
relationships between all those who reside and work in our neighborhoods. Again, this sort of

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93
8.3.a
10.b

community-building work is going on throughout the City in many venues. A few efforts to
highlight include:
• Heartside Quality of Life work and on-going updates and engagement
• The City’s Community Master Plan update, with significant efforts at community

Property)
engagement. While the policies that will come from that update are focused on land

City Commission)
use, development and other features of the built environment, there is significant overlap
with the themes of what makes community gathering spaces feel welcoming and safe
• The City’s Neighborhood Summit program. This year’s Summit is May 20th, and this

safety ordinanceto- Nuisance


year’s theme is Your City, Your Voice: Co-Creating Belonging with workshops
aligning to topics on belonging and inclusion, design work, and community collaboration
to address issues affecting our City.

Recommendation
Identified Gaps & Next Steps

Mapping the major public feedback themes to existing City initiatives and systems
improvements, we have identified a number of gaps between those efforts and expected
outcomes. Following is a summary of those gaps, as well as the steps we will take to address
those gaps:

and
and
• Trespassing – the enforcement process is difficult and timely response is

health
challenging given the transitory nature of the violation. We are working on

Report
process improvements, and will update protocols to clarify noticing requirements

2023 (Public
and the potential use of video evidence followed by education for businesses and

23, Committee
property owners.
• Accumulation of articles in the ROW/clean-up of human waste –
o Improved coordination between responsible parties for clean-up, so that
regardless of where a complaint comes in, the correct entity (City, DGRI or

Safety
private property owner) is informed and addresses the issue. Work to

(PublicMay
commence this month.
o Continuing education to impacted businesses about the potential benefit of

- Tuesday,
installing cameras in locations where this is a persistent issue, and use of
video evidence in enforcement and prosecution

Safety Info
o As noted above, additional public restrooms are expected to come on-line
downtown. Those new facilities may help meet the need for available public

of Agenda
restrooms, or additional facilities may need to be considered in more
locations

Public
• Skywalk improvements identified through CPTED, and adoption of uniform rules

88 - 158
of use – work already underway with adjacent owners
• Street outreach – while efforts are underway through the CoC to align street 4-25-23
outreach efforts across those member organizations around shared objectives
Attachment:pgs

and metrics, there may remain gaps to ensure that the street outreach portion of
the homelessness response system can quickly connect those living unsheltered
Attachment:

with housing units and appropriate supports to remain housed. This work must
proceed quickly; additional assessment work will be needed to adapt policies,
practices and increase resources to improve the pace with which those living
unhoused are moved into permanent housing
• There were conflicting views expressed about the need for additional ordinances
to address issues of health and safety. While some expressed the belief that
there ought to be ways to limit things like sleeping in public rights-of-way, others

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8.3.a
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expressed concern about pursuing that course of action. While there is not
consensus on that point, it is clear that better public information is needed to
continually communicate about what is and is not allowed in public spaces.
Under the City’s current set of ordinances, it is permissible to sit or lie within

Property)
City Commission)
public rights-of-way, so long as one is not blocking passage or doorways or
presenting a safety hazard. This is separate from the accumulation of items in
the right-of-way, which is described above.

safety ordinanceto- Nuisance


• Many of the solutions offered in our public engagement session offered ideas
that are in whole or in part already underway. This reveals a gap in
communication and transparency. We intend to report to this body quarterly on
the efforts and initiatives described here to allow for better public access to
information and to increase transparency and accountability

Recommendation
Following review of this information, the Public Safety Committee is anticipated to discuss the
staff-identified gaps and proposed next steps. The Committee may concur in that work, or may
recommend modifications or additions for consideration by the City Manager or the City
Commission.

and
and
Prepared by April Moayyer

Attachment:pgs
Attachment: 88 - 158
4-25-23 Safety Info
of Agenda
Public (PublicMay
- Tuesday, 23, Committee
Safety health
Report
2023 (Public

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8.3.a
10.b

Property)
DATE: December 15, 2022

City Commission)
TO: Eric Winstrom, Police Chief
John Lehman, Fire Chief

safety ordinanceto- Nuisance


Kate Berens, Deputy City Manager
Doug Matthews, Assistant City Manager
Connie Bohatch, Managing Director
James Hurt, Managing Director

Recommendation
FROM: Mark Washington, City Manager

SUBJECT: City Manager Administrative Order 2022-03: Response to


Problematic Behaviors to Improve Health and Safety
Downtown and In Neighborhoods

and
and
health
The City’s “Safe Community” strategic priority is to make sure all people feel safe and

Report
are safe at all times throughout our community. Ensuring safety for the unhoused

2023 (Public
community involves a housing-first systemic approach that emphasizes getting people

23, Committee
into temporary shelter, supportive services, and permanent stable housing.

To date, the City has responded with the following:


• Continued funding for homeless service and shelter providers.

Safety
• Allocating funding and support for the Affordable Housing Fund.

(PublicMay
• Participation in the Continuum of Care, Essential Needs Task Force, Housing
Kent and the Housing Stability Alliance and collective community-wide

- Tuesday,
coordination and commitment for ending homelessness.
• Partnership with Network180 and other social service providers to ensure we

Safety Info
address mental and behavioral health issues for the unhoused community.

of Agenda
• Creation of the Homeless Outreach Team (HOT).
• Partnership with Network180 for dedicated Mobile Crisis Response (co-response
team) services to support the Police Department in responding to mental health

Public
calls.

88 - 158
• Enhanced focus on downtown public health issues, with the City’s Public Works
Department and Homeless Outreach Team partnering to improve 4-25-23
responsiveness to sanitation issues.
Attachment:pgs

• Partnership with Mel Trotter Ministries to operate a storage program to reduce


Attachment:

the accumulation of personal belongings outdoors.


• Partnership with Downtown Grand Rapids Incorporated (DGRI) and others to
make environmental design changes in public spaces to increase lighting,
visibility and feeling of safety.
• Partnership with DGRI and independent City efforts to increase private security in
and around Monroe Center and downtown parks.
• Partnership with DGRI in creation of a stand-alone, 24/7, year-round public
restroom at Division and Weston.
1
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96
8.3.a
10.b

• Improvements in Heartside Park that will include year-round public restroom


facilities and recently approved upgrades to Veteran’s Park historic building that
will include public restrooms.
• Funding for, and deployment of, public safety camera trailers at key times,
locations and events.

Property)
City Commission)
Despite these efforts and progress, reports of problematic situations and behaviors
have continued and calls for additional City responses have intensified. General
concerns on behalf of unhoused persons have included exposure to cold weather and

safety ordinanceto- Nuisance


other hazards, as well as unmet mental and behavioral health needs. Specific
behavioral concerns related to downtown safety that have been expressed to the City
Commission include:

Recommendation
• Defecation and urination in public places
• Aggressive solicitation, including following and other threatening behavior
• Sleeping in public places, including at building entrances
• Leaving personal items unattended and general accumulation of items in public
places

and
• Public intoxication

and
• Physical assault

health
Report
• Trespassing
• Littering

2023 (Public
23, Committee
While there has been some public advocacy for the City Commission to create new
ordinance provisions to ban sitting or lying in public spaces and aggressive
panhandling, there was no interest by the City Commission in creating new ordinance
provisions as proposed but an overwhelming desire to utilize as many provisions as

Safety
possible in the current City Code to address recent concerns.

(PublicMay
- Tuesday,
Chapter 152 “Disorderly Conduct” of the City Code includes multiple provisions that
regulate many of the reported types of problematic behaviors. They are as follows:

Safety Info
Section Offenses

of Agenda
9.132(1) Commit an assault or battery upon another person
9.132(2) Molest another person
9.132(4) Willfully obstruct free or uninterrupted passage in any street, on any

Public
sidewalk, in any public place or in any other place to which the public is
88 - 158
admitted
4-25-23
9.133(1) Trespass upon the premises of another or unlawfully remain upon the
premises of another to the annoyance or disturbance of the lawful
Attachment:pgs

occupants
Attachment:

9.133(2) Prowl about the premises of any other person in the nighttime without
authority or the permission of the owner of such premises
9.133(3) Lurk, lie in wait or be concealed in any business, yard or other
premises with intent to commit any crime or offense whatsoever
9.133(4) Willfully, wantonly or recklessly damage, destroy, alter or deface public
property or the property of any other person
9.133(5) Take or remove or attempt to take or remove any property not his or
her own
2
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8.3.a
10.b

9.133(6) Obtain goods or money by fraud, trick or under false pretenses


9.133(7) Meddle with, tamper with, interfere with, move, damage or disconnect
any property not his or her own
9.133 Willfully, wantonly or recklessly damage, destroy, alter or deface public
property or the property of any other person

Property)
9.133(9) Expectorate, urinate, defecate or perform any other act which creates a

City Commission)
hazardous or deleterious condition in any public place or upon the
property of any other person. (This section shall not apply to public
restroom facilities.)

safety ordinanceto- Nuisance


9.134(1) Be in a state of intoxication in a public place endangering directly the
safety of another person or property
9.134(2) Be in a state of intoxication in any public place in a manner that causes
a public disturbance

Recommendation
9.136(1) Engage in peeping in the windows of any inhabited place
9.136(2) Make an indecent exposure of his or her person
9.136(5) Loiter in any public building or in any other building or premises owned
by another person after having been requested to leave by the lawful
owner or occupant or a representative of the owner or occupant

and
9.137(1) Create or engage in any disturbance, fight or quarrel in a public place

and
health
Report
Effective immediately, I am directing the Police Chief to utilize existing ordinances and
resources, consistent with applicable state and federal statutes and case law, to

2023 (Public
respond, monitor, de-escalate, and – where necessary – take other enforcement actions

23, Committee
against violations that threaten public health and safety.

Other existing code references relevant to the reported problematic behaviors include
the following:

Safety
(PublicMay
Section Offenses

- Tuesday,
Michigan Vehicle Code
257.676b (1) A person, without authority, shall not block, obstruct, impede, or
otherwise interfere with the normal flow of vehicular, streetcar, or

Safety Info
pedestrian traffic upon a public street or highway in this state, by

of Agenda
means of a barricade, object, or device, or with his or her person…. (4)
A person who violates this section is responsible for a civil infraction.
International Fire Code

Public
1003.6 Obstructions shall not be placed in the minimum width or require
88 - 158
capacity of a means of egress component (such as a doorway)
4-25-23
City Code, Chapter 25 “Solid Waste Management”
2.6 Litter and Accumulation - No person shall throw or deposit any
Attachment:pgs

Garbage or Rubbish upon or into any street, alley or other property,


Attachment:

public or private. It shall be the duty of every occupant of property and


of every owner of unoccupied property at all times to maintain the
Premises occupied or owned by him or her, in a clean and orderly
condition, permitting no deposit or accumulation of Garbage or Rubbish
upon such Premises.
City Code, Chapter 41 “Parks and Recreation”
3.8 It shall be unlawful for any person, except those persons authorized by
the Director of Parks and Recreation, to enter, be in or remain within
3
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98
8.3.a
10.b

the public parks after sunset on one day or before sunrise on the
following day
3.14 No person shall start, accelerate, furnish fuel to or approach an open
fire in any public park (does not apply to cooking food in a grill)
3.24 No person shall consume, possess, or bring into any City Park or other

Property)
area under the jurisdiction of the Parks and Recreation Department any

City Commission)
beer, wine, liquor, malt or any other alcoholic beverage (unless
permitted by the Director in designated locations)
3.25 No person shall camp, conduct or participate in an overnight outing or

safety ordinanceto- Nuisance


any similar activities in a City Park or other area under the jurisdiction
of the Parks and Recreation Department. The use of tents, trailers,
motor homes is not permitted in City Parks.
City Code, Chapter 151 “Nuisances”

Recommendation
9.92 No person shall throw or deposit litter in or upon any street, sidewalk or
other public place within the City except in public receptacles
9.98 No person shall throw or deposit litter in any park within the City except
in public receptacles
9.108 Personal property of any kind, including but not limited to personal

and
belongings, interior furnishings and equipment, shall be deemed to be

and
abandoned, of no value and unlawful if placed at or left for more than

health
twenty-four (24) hours on any public right-of-way or on any part of a

Report
property lying between the principal building and a public right-of-way,

2023 (Public
except as specifically permitted

23, Committee
Effective immediately, I am directing all departments involved in enforcing these codes
to respond to, de-escalate and remedy violations of these codes and enforce them
when there is a threat to public health and safety.

Safety
(PublicMay
Further, I am directing the Fire Chief, Assistant City Manager, and Managing Director of
Public Services to establish procedures and protocols for identifying, tagging, and

- Tuesday,
storing retrieved items that are left unattended.

Safety Info
Further, I am directing the Assistant City Manager and Managing Director of Public

of Agenda
Services to implement an intensified cleaning program in certain corridors throughout
the city.

Public
Further, I am directing the Deputy City Manager to evaluate the effectiveness of these

88 - 158
intensified responses, consider potential adjustments, and report that information to me
on a bi-weekly basis. 4-25-23
Attachment:pgs

Finally, all employees are expected to ensure that complaints/concerns are referred to
the appropriate department/area as outlined below and that they are responded to as
Attachment:

quickly as possible.

4
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8.3.a
10.b

What’s Happening? What Can I Do?

Someone is creating a safety

Property)
City Commission)
concern, conducting illegal Contact GRPD at 616-456-3400 or 911 in emergencies.
activity, or is violent.
Contact the Homeless Outreach Team (HOT) at 616-456-4240 or

safety ordinanceto- Nuisance


Someone is sleeping in an at grhot@grcity.us in non-emergency situations. HOT currently
alcove, on the sidewalk, or other operates from 6:00 am to 6:00 pm. Call 911 if a person is non-
public space. responsive, needs medical attention, or another emergency
situation.
Contact GRPD at 616-456-3400 or 911 if the situation is actively

Recommendation
occurring.

For cleanup of the sidewalk or other public space, call 311 or 616-
456-3000 to submit a service request to Public Works.
Someone is urinating or
defecating outside in a public
For cleanup of private property, contact DGRI at 616-250-8263 to
space.
assist with cleaning in the Downtown Improvement District

and
boundaries.

and
health
Report
Contact HOT at 616-456-4240 if the individual is believed to be
homeless.

2023 (Public
Apart from cleaning done by property or business owners,

23, Committee
additional cleaning services and resources vary by location.

For cleanup of the sidewalk or other public space, call 311 or 616-
The area around the doorway or 456-3000 to submit a service request to Public Works
storefront is unclean.

Safety
For cleanup of private property, DGRI can assist in the Downtown

(PublicMay
Improvement District (DID).

- Tuesday,
Next Step of West Michigan provides additional cleaning services
in the Burton/Division block of Burton Heights.
If a property owner or representative asks a person to leave the

Safety Info
property and they refuse, contact GRPD at 616-456-3400 or 911 in
emergencies. When an officer arrives, make the request again in

of Agenda
their presence. Trespassing can then be enforced. Maintain a
Someone refuses to leave or was record of individuals who are trespassed from the property.
banned from my property and

Public
returned. If a person is banned from the location, be sure it has been

88 - 158
communicated to them. If they return, contact GRPD for
assistance. You will need to provide at least verbal confirmation to
4-25-23
the officer that the person was banned from the property. Maintain
a record of individuals who are banned from the property.
Attachment:pgs

Someone is spending long Loitering is not illegal. People can typically remain on or in public
Attachment:

periods of time in a public space spaces. One exception is public parks cannot be used after dark
near my residence or business. unless otherwise approved by the Parks Director.

Someone asked me for food or Panhandling is not illegal in the State of Michigan or the City of
money in the street. Grand Rapids.

5
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100
8.3.a
10.b

Lighting, cameras, space activation, targeted and routine cleaning,


and inaccessible electrical outlets help prevent unsafe and/or
undesirable behavior.
How to prevent crime and reduce
The City provides free CPTED (Crime Prevention Through
nuisance behavior near my
Environmental Design) Assessments. Contact Julie Niemchick at
property.

Property)
City Commission)
jniemchick@grand-rapids.mi.us for assistance.

Trespassing enforcement can be done on private property,


including parking lots, doorways, lobbies, private stairwells, etc.

safety ordinanceto- Nuisance


Contact the Downtown Ambassador team with DGRI at 616-250-
8263.

Resources for cleaning and Services available in the Downtown Improvement District (DID) are
hospitality cleaning, maintenance (fix benches, trash cans, etc.),

Recommendation
beautification, hospitality, and limited graffiti removal.

Services available in the Downtown Development Authority (DDA)


are hospitality and limited graffiti removal.
General questions about Call 311 or contact Tammy Vincent, Homelessness Coordinator,
homelessness in Grand Rapids tvincent@grcity.us

and
and
health
This order is effective immediately and continues until further notice.

Attachment:pgs
Attachment: 88 - 158
4-25-23 Safety Info
of Agenda
Public Safety
(PublicMay
- Tuesday, Report
2023 (Public
23, Committee

6
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101
February 7, 2023
Public Safety

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10.b
8.3.a

1 Pg. 155
102

Attachment:
Attachment:
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4-25-23
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Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Overview

03
02
01
Housing Stability

A Pathway Forward
The Housing System

Packet
Alliance/Housing Kent
10.b
8.3.a

2 Pg. 156
103

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
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Agenda
Safety
- Tuesday,
Info (Public
May Safety
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Committee
(Public health
Reportand
and
safety
The Housing

Community Plan
Stability Alliance
10.b
8.3.a

Packet Pg. 157


104
3

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
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Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

safety
and
and
Shared Vision

- Tuesday,
Safety May Safety
Info (Public Committee
23, 2023 Report
(Public health
Every person

Agenda
 Increase affordable housing

Public
- 158 of
stably housed—or

4-25-23
 Dissolve homelessness

pgs 88
Attachment:
housed by choice  Eliminate racial disparities

Attachment:
4 Pg. 158
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8.3.a
10.b

Public
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Agenda May Safety
Info (Public
- Tuesday, Committee
23, 2023 Report
(Public health safety
and
and
The Housing Stability Continuum illustrates the variety of housing situations

4-25-23
that occur in Kent County. It’s important to understand the different types

pgs 88
of housing instability because there are different solutions required for

Attachment:
each. Through enduring dedication, skill, and effort, countless individuals

Attachment:
and organizations have made improvements along the continuum. But large
systemic problems cannot be solved by any one organization. It will take all
of us working together.

Packet Pg. 159


106
8.3.a
10.b

Housing Kent

safety
How do we ensure the

and
and
housing system produces

Report
(Public health
equitable outcomes for

Committee
all?

23, 2023
May Safety
How do we ensure How do we ensure How do we ensure a

Info (Public
homelessness is rare, people have access to strong regional housing

- Tuesday,
Parts of the System

brief, and a one-time resources to meet basic market at every price

Safety
occurrence? needs? point?

- 158 of
4-25-23 Agenda
Public
Permanent Housing

pgs 88
Essential Needs Taskforce

Attachment:
Continuum of Care (CoC) Coordinating Council (PHCC)
(ENTF)

Attachment:
+ Housing Next

Packet Pg. 160


107
works for everyone.
and collaboration that
We facilitate partnerships

ensure the housing system

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10.b
8.3.a

7 Pg. 161
108

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Overview

02 The Housing System

Packet
10.b
8.3.a

8 Pg. 162
109

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b
HUD

Government Planning

safety
Media
Agencies Commission
PRIVATE SECTOR

and
County

and
Real Estate PUBLIC SECTOR Lobbyists Assessor
Agents

Report
Office

(Public health
Suppliers & Elected
Landowners Voters Location

Committee
Retailers Officials

General Crime &


Developers Credit Bureau
Public Safety

23, 2023
The Housing System

May Safety
Banks & Policy & Housing Transporta-
Homeowners Appraisers
Other Lenders Legislation Preferences tion

Info (Public
Individuals &

- Tuesday,
Employers Sellers Compliance Income Neighborhood
Families

Qualifications
Affordability

Safety
Buyers Landlords Housing Kent Schools
for Housing

Agenda
Economic
Property

Public
Renters KConnect Stability and Healthcare
Taxes
Savings

- 158 of
Other

4-25-23
Wrap-around Affordable Wealth Homeowners
HSA Household
Services Housing Building Insurance
Expenses

pgs 88
Housing Homelessnes

Attachment:
Home
Educational s Credit Score
Maintenance
Services Response

Attachment:
Advocates
Prevention
and Activists

SOCIAL SECTOR HOUSING BY CHOICE


Philanthropy (Individual & Family Factors)

Packet Pg. 163


110
8.3.a
10.b
HUD

Government Planning

safety
Media
Agencies Commission
PRIVATE SECTOR

01

and
County

and
Real Estate PUBLIC SECTOR Lobbyists Assessor

System Actors
Agents

Report
Office

(Public health
Suppliers & Elected
Landowners Voters Location

Committee
Retailers Officials

General Crime &


Developers Credit Bureau
Public Safety

23, 2023
May Safety
02
Banks & Policy & Housing Transporta-
Homeowners Appraisers
Other Lenders Legislation Preferences tion

Process + Structures

Info (Public
Individuals &

- Tuesday,
Employers Sellers Compliance Income Neighborhood
Families

Qualifications
Affordability

Safety
Buyers Landlords Housing Kent Schools
for Housing

Agenda
Economic
Property

Public
Renters KConnect Stability and Healthcare

03
Taxes
Savings

- 158 of
Culture
Other

4-25-23
Wrap-around Affordable Wealth Homeowners
HSA Household
Services Housing Building Insurance
Expenses

pgs 88
Housing Homelessnes

Attachment:
Home
Educational s Credit Score
Maintenance
Services Response

Attachment:
Advocates
Prevention
and Activists

SOCIAL SECTOR HOUSING BY CHOICE


Philanthropy (Individual & Family Factors)

Packet Pg. 164


111
8.3.a
10.b
HUD

Government Planning

safety
Media
Agencies Commission
PRIVATE SECTOR

and
County

and
Real Estate PUBLIC SECTOR Lobbyists Assessor
Agents

Report
Office

(Public health
Suppliers & Elected
Landowners Voters Location

Committee
Retailers Officials

General Crime &


Developers Credit Bureau
Public Safety

23, 2023
Where might we gain

May Safety
Banks & Policy & Housing Transporta-
Homeowners Appraisers
Other Lenders Legislation Preferences tion

Info (Public
alignment?
Individuals &

- Tuesday,
Employers Sellers Compliance Income Neighborhood
Families

Qualifications
Affordability

Safety
Buyers Landlords Housing Kent Schools
for Housing

Agenda
Economic
Property

Public
Renters KConnect Stability and Healthcare
Taxes
Savings

- 158 of
Other

4-25-23
Wrap-around Affordable Wealth Homeowners
HSA Household
Services Housing Building Insurance
Expenses

pgs 88
Housing Homelessnes

Attachment:
Home
Educational s Credit Score
Maintenance
Services Response

Attachment:
Advocates
Prevention
and Activists

SOCIAL SECTOR HOUSING BY CHOICE


Philanthropy (Individual & Family Factors)

Packet Pg. 165


112
Goal - Housing Expenses < 30% of the household budget

22,000 families with children


Families Stably Housed

11,000
10.b
8.3.a

Packet Pg. 166


113

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
2017
37% increase
from 2017 to 2019

2019
to safe shelter

2029
Families always have access

Functional Zero
10.b
8.3.a

Packet Pg. 167


114

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

Housing expenses do not cost-

safety
and
burden renters

May Safety
Info (Public Committee
23, 2023 Report
(Public health and
OWNERS 82% 18%

Agenda
Public - Tuesday,
Safety
Households that rent their RENTERS 54% 46%

- 158 of
4-25-23
residence are cost-burdened at

pgs 88
much higher rates. About 18% of

Attachment:
homeowners are cost-burdened,

Attachment:
compared to almost half of renters. stable cost-burdened

Grand Rapids/Kent County, Michigan Housing Needs Assessment, Bowen National Research, May 29, 2020
Packet Pg. 168
115
8.3.a
10.b

Report
(Public health
Committee safety
and
and
1 in 6 Race does

23, 2023
May Safety
Info (Public
not determine

- Tuesday,
Safety
outcomes.

Agenda
African American children in Kent

Public
County\ were in the homeless system in

- 158 of
4-25-23
2019, compared to 1 in 130 White

pgs 88
children.

Attachment:
Attachment:
Grand Rapids/Kent County, Michigan Housing Needs Assessment,
Bowen National Research, May 29, 2020
15 Pg. 169
Packet 116
8.3.a
10.b

VISION
Kent County,

Top 10 in Equitable

safety
Top 10

Report and
and
Homeownership in

(Public health
Committee
the Country

- Tuesday,
Safety
Agenda 23, 2023
May Safety
Info (Public
The White homeownership rate is 76.5% and the

Public
Black homeownership rate is 36%, representing a

- 158 of
4-25-23
40.5 percentage point gap. This gap represents a

pgs 88
ranking of 144 of 149 compared to U.S. counties

Attachment:
with at least 20,000 African American households.

Attachment:
American households.
American Community Survey Estimates by County from 2017 to 2020
CURRENT RANK
Kent County, 144 of
149
16 Pg. 170
Packet 117
Overview

03 A Pathway Forward

Packet
10.b
8.3.a

17 Pg. 171
118

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
We need a collective shift
from silos to system building

Packet
10.b
8.3.a

18 Pg. 172
119

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
effort.
Common Scenario

is exerting tremendous
Every actor in the system
has at least one lever and

Packet
10.b
8.3.a

19 Pg. 173
120

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

Report
(Public health
Committee safety
and
and
“Everyone is working

23, 2023
May Safety
but no one knows what

Info (Public
- Tuesday,
anyone else is doing.”

Public
- 158 of
4-25-23 Safety
Agenda
—Municipal staffer during Housing Kent Listening Tour

pgs 88
Attachment:
Attachment:
20 Pg. 174
Packet 121
One Consequence

lever to solve a
system problem.
exerted on a single
Pressure often gets

Packet
10.b
8.3.a

21 Pg. 175
122

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Ideal State

coordinated sequence
All levers are pulled in a

that achieves outcomes.

Packet
10.b
8.3.a

22 Pg. 176
123

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
A Solution

and coordination
System alignment

Packet
10.b
8.3.a

23 Pg. 177
124

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
How We Help

Packet
10.b
8.3.a

24 Pg. 178
125

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

2023 Strategic Framework

Report
(Public health and safety
and
Version: 02/04/23

Key Performance Indicators (KPIs)

Committee
23, 2023
Everyone in Kent Design Process

May Safety
Tell the Story of Help optimize Redesign the Develop and
County is stably Cycles of Iteration
Housing in Kent homeless system Kent County grow the HSA

Info (Public
housed or housed
County response Eviction System Network Discover

- Tuesday,
by choice by:
Define
 Increasing affordable housing

Safety
 Dissolving homelessness MEASURES MEASURES MEASURES MEASURES
Develop

Agenda
System Map, Dashboard 1.0, System Efficiency and Eviction Prevention Plan, Convenings, Councils, and
 Eliminating racial disparities Data-Sharing Agreements, Effectiveness of Coordinated Lived Experience Action Teams; Public

Public
Decision Making and Strategic Entry, Community Housing Participation, Formation of Awareness; Representation,
Learning, System Costs Connect 1.0/2.0 Support, Key Private-Public Partnerships Calls to Action Deliver

- 158 of
Programs Scaling

4-25-23
pgs 88
Backbone Governance
Housing Kent Core Strategies

Attachment:
Attachment:
System Shared Community Public Will Building Investment &
Building Measurement Engagement & Advocacy Sustainability

25 Pg. 179
Packet 126
8.3.a
10.b

Key Milestones by Quarter

safety
and
and
Q1 Q2 Q3 Q4

Report
(Public health
Committee
Current State Mapping Kent County Eviction Kent County Lived Annual Report – State of
and Analysis - (This is Prevention Plan Experience Council for Housing in Kent County
the baseline for key Housing

23, 2023
stakeholders, data Kent County Housing Convening –

May Safety
systems, funder Dashboard 1.0 (Beta) Convening - Banks Municipalities
requests, structures,

Info (Public
processes, and other key Kent County Policy HSA Convening Convening – Developers
system components.) Agenda with Short-Term

- Tuesday,
Policy Wins Housing Policy Summit
HSA Convening

Safety
HSA Convening HSA Convening

Agenda
Housing Kent Open
House

pgs 88
Attachment:
Attachment: Public
- 158 of
4-25-23
Infrastructure Board of Trustees
Board and committees provide oversight and strategic
direction
Housing Kent is a system-building nonprofit working to
ensure all Kent County residents attain safe, high-
Councils, conveners, and actions teams work collectively quality, affordable housing. Supporting a network of
Housing Stability Alliance private and public sector organizations known as the
to achieve outcomes and shared accountability for results
Housing Stability Alliance, we seek to increase
Staff facilitate partnerships and core strategies for affordable housing, dissolve homelessness, and
Housing Kent
improved system alignment and coordination 26 Pg. 180
eliminate racial disparities in the housingPacket
system. 127
8.3.a
10.b

Our Process 1. Make the system visible

safety
and
2. Bring a representative group of

Report
(Public health and
stakeholders together

Committee
3. Identify the gaps

23, 2023
May Safety
4. Co-create solutions (starting with what
is already working)

Info (Public
- Tuesday,
5. Agree on how to measure progress

Safety
Agenda
6. Determine who is going to do what

Public
- 158 of
7. Pilot or scale

4-25-23
pgs 88
8. Make continuous improvement

Attachment:
Attachment:
Iterative, not linear
Centered on individuals most impacted 9. Maintain transparency and
Adaptive, responsive to change
accountability for results
27 Pg. 181
Packet 128
8.3.a
10.b

safety
and
and
Thank You

Info (Public
- Tuesday, 23, 2023
May Safety Report
(Public health
Committee
HAVE QUESTIONS?

Safety
Please contact Eureka People at Eureka@housingkent.org

4-25-23
pgs 88
Attachment: Agenda
Public
- 158 of
©2023 Housing Kent. All Rights Reserved

Attachment:
28 Pg. 182
Packet 129
February 7, 2023
Homelessness Overview
Public Safety Committee
Grand Rapids Area Coalition to End

1
10.b
8.3.a

Packet Pg. 183


130

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

Reportand safety
and
Grand Rapid Coalition to End Homelessness

(Public health
Committee
23, 2023
Mission

May Safety
To make homelessness in Kent County rare, brief, and non-recurring

Info (Public
- Tuesday,
Work
To provide community leadership and build capacity in the homeless response

Safety
Agenda
and prevention system through cross sector engagement, collaborative planning,
Courtney Myers-Keaton

Public
education, and equity focused solutions.
CTEH Director

- 158 of
4-25-23
~60 partner agencies

pgs 88
Attachment:
Attachment:
Packet Pg. 184
131
2
Roles & Responsibilities of a CoC
8.3.a
10.b

Report
(Public health and safety
and
CoC Systems Operation and Planning

Committee
Designing and operating a HMIS; reporting data to HUD

23, 2023
May Safety
Info (Public
Developing and maintaining a Coordinated Entry System

- Tuesday,
Safety
Conducting Point-In-Time (PIT) and Housing Inventory Count (HIC)

Agenda
Public
- 158 of
Governance and Structure

4-25-23
pgs 88
Attachment:
Preparing Annual CoC Program Application to HUD

Attachment:
3 Pg. 185
Packet 132
8.3.a
10.b

Coalition Membership

Report
(Public health and safety
and
• A Mother’s Touch • Exodus Place • Kent County • REAP

Committee
• Access of West MI • Fair Housing Center Community Action
• Safe Haven
• Arbor Circle • Family Promise • Essential Needs Task
Force (ENTF) • Senior Neighbors

23, 2023
• AYA Youth Collective • Fountain Street Church

May Safety
• Kent District Library • The Salvation Army
• Bethany Christian Services • Garfield Park NA

Info (Public
• Genesis • Kent ISD • Veterans Health
• Catherine’s Health Center
Administration

- Tuesday,
• City of Grand Rapids • GLIDE • Legal Aid
• Well House
• City of Wyoming • Grand Rapids Housing

Safety
Commission • LINC Up
• YWCA

Agenda
• Cherry Health
• GRPL • MDHHS

Public
• Community Rebuilders • Network180
• Grand Rapids Street Medicine • Mel Trotter

- 158 of
• Covenant House • Individual community

4-25-23
• Health Net • Noors Heaven members
• Degage Ministries

pgs 88
• United Way

Attachment:
• Disability Advocates • North Kent Connect • Youth Action Board
• Hispanic Center

Attachment:
• Dwelling Place • Pine Rest • Veterans Action Board
• ICCF

4 Pg. 186
Packet 133
COMMITTEES & DESCRIPTIONS
10.b
8.3.a

Packet Pg. 187


134

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Packet
10.b
8.3.a

6 Pg. 188
135

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

Project Types

Report
(Public health and safety
and
• Street Outreach

Committee
Agencies include: Pine Rest, Arbor Circle, AYA, network180, Mel Trotter, VA, HOT

23, 2023
• Rapid Re-housing – short-term rental assistance to help resolve episodes of

May Safety
homelessness

Info (Public
Agencies include: Community Rebuilders, ICCF, The Salvation Army, Grand Rapids Housing
Commission, Arbor Circle

- Tuesday,
• Permanent Supportive Housing – long-term rental assistance coupled with supportive

Safety
services

Agenda
Agencies include: Community Rebuilders, Dwelling Place, ICCF

Public
• Transitional Housing – temporary housing up to 24 months and may include supportive

- 158 of
4-25-23
services

pgs 88
Agencies include: YWCA, Safe Haven, Community Rebuilders, AYA, Covenant House

Attachment:
• Emergency Shelter

Attachment:
Agencies include: Mel Trotter, Degage, Family Promise, ICCF, Community Rebuilders

7 Pg. 189
Packet 136
8.3.a
10.b

Street Outreach Lead Agency:

safety
Pine Rest (New Community Role)

Report
(Public health and
and
• Establish shared community standards and procedures for conducting

Committee
street outreach including outreach coverage and coordination.

23, 2023
• Ensure coverage and efficiencies in outreach to meet the following

May Safety
benchmark: 90% or more of unsheltered people are included on the

Info (Public
community by-name list.

- Tuesday,
• Additionally, street outreach programs must conduct housing-focused

Safety
outreach and engagement to include locating, identifying, and building

Agenda
Public
relationships with unsheltered persons living in places not meant for

- 158 of
human habilitation and assist them in accessing emergency shelter,

4-25-23
physical and behavioral health services, permanent housing through

pgs 88
Attachment:
linkage to the community’s Coordinated Entry system, and additional

Attachment:
supports based on individual need.

8 Pg. 190
Packet 137
Day centers
Other resources

Heartside, Mel Trotter, Degage

Packet
10.b
8.3.a

9 Pg. 191
138

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Centralized intake
Rapid re-rehousing
Shift to housing first
10-year plan and what has worked

Packet
10.b
8.3.a

10 Pg. 192
139

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

HOUSING FIRST

Report
(Public health and safety
and
Evidence-based approach to ending homelessness based on the following main

Committee
premises:
• Homelessness is a crisis in housing and can be solved with the provision of

23, 2023
May Safety
housing;

Info (Public
• All people can be successful in housing, no matter their history with housing or

- Tuesday,
life factors;
• There are no pre-conditions necessary to becoming housed, no classes,

Safety
Agenda
treatments, or time requirements are necessary to become “ready” for housing;

Public
• Support services should be tailored to each person’s unique needs and desires to

- 158 of
ensure success in housing;

4-25-23
pgs 88
• After a person is housed, other challenges in life become easier to address. A

Attachment:
stable foundation is critical to progress in life;

Attachment:
• All people experiencing homelessness should be treated with dignity and
respect and have the right to self-determination.
11 Pg. 193
Packet 140
8.3.a
10.b

HUD CoC Program Competition

Report
(Public health
Committee safety
and
and
Overview Current Funding

23, 2023
May Safety
 Provides funding for efforts to quickly rehouse
$7,376,285

Info (Public
homeless individuals and families

- Tuesday,
 Annual local competition process
Funds:
• Ensure adequate supply of permanent housing for

Safety
• $100,000 – HMIS
target populations – chronically-homeless, youth,

Agenda
• $504,577 – Supportive Services Only
families, veterans, domestic violence

Public
• $1,827,017 – Joint Transitional Housing & Rapid
 Community collaborative application competes Rehousing

- 158 of
with CoC’s across the country to retain and

4-25-23
• $4,545,323 – Permanent Supportive Housing and
increase funding Rapid Rehousing

pgs 88
• $399,368 – Transitional Housing

Attachment:
• $221,289 – Planning (3% of total)

Attachment:
Bonus: $825,776

12 Pg. 194
Packet 141
2022

Priority
Ranking
Projects and

Packet
10.b
8.3.a

13 Pg. 195
142

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
DATA OVERVIEW
All data is from the Homeless Management Information System
10.b
8.3.a

Packet Pg. 196


143

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Point-In-Time Count
Kent County – Homelessness Data

Packet
10.b
8.3.a

15 Pg. 197
144

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

Kent County – Homelessness Data

safety
Point-In-Time Count 2023

Report and
and
PRELIMINARY DATA

(Public health
Committee
• Emergency shelter: 844 individuals (287 in families)

23, 2023
• Transitional housing: 84 individuals

May Safety
• Unsheltered: 114 (current estimate)

Info (Public
- Tuesday,
• 94: Grand Rapids

Safety
Agenda
Public
• Total estimate not including data from Victim Service Providers: 1042

pgs 88
Attachment:
Attachment: - 158 of
4-25-23
16 Pg. 198
Packet 145
8.3.a
10.b

Vitals Data

Report
(Public health and safety
and
• Average length of time homeless

Committee
• # of people prevented from becoming homeless

23, 2023
May Safety
• # of individuals and families securing permanent housing

Info (Public
- Tuesday,
• # of individuals and families returning to homelessness

Safety
• # households experiencing homelessness

Agenda
Public
• Overall equity in each of the above Vitals*

pgs 88
Attachment:
Attachment: - 158 of
4-25-23
17 Pg. 199
Packet 146
52
60
64
10.b
8.3.a

Packet Pg. 200


147

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
Packet
10.b
8.3.a

19 Pg. 201
148

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

January 1 – December 31, 2021

Report
(Public health and safety
and
Individual Count

Committee
9000

8,048 8048 8048 8048

23, 2023
8000

May Safety
Individuals

Info (Public
7000

- Tuesday,
who have had 6000 5678

Safety
at least one

Agenda
5000

Public
episode of 4000

- 158 of
4-25-23
homelessness 3000

pgs 88
2366

Attachment:
2000

Attachment:
937
1000

0
Adults Children Youth 20 Pg. 202
Packet 149
8.3.a
10.b

January 1 – December 31, 2021

Reportand safety
and
Household Count

(Public health
Committee
6000

5,282 5282 5282 5282

23, 2023
May Safety
5000

Households

Info (Public
4265

- Tuesday,
who have had 4000

Safety
at least one

Agenda
Public
3000
episode of

- 158 of
4-25-23
homelessness 2000

pgs 88
Attachment:
Attachment:
1061
1000

96
0
Singles Families Child Only 21 Pg. 203
Packet 150
8.3.a
10.b

October 1,2020 – September 30, 2021

Report
(Public health and safety
and
Emergency

Committee
2,963 506 HH exited 21% permanent
Shelter/Safe households to permanent destinations
sheltered housing
Haven

23, 2023
May Safety
3,387

Info (Public
Rapid Re- 506 197 HH exited 89% permanent

- Tuesday,
households to permanent
Households Housing housed housing
destinations

Safety
Served

Agenda
Public
Permanent 145 41 HH exited 48% permanent

- 158 of
Supportive

4-25-23
households to permanent
destinations
housed housing
Housing

pgs 88
Attachment:
Attachment:
Transitional 148 23 HH exited 52% permanent
households to permanent destinations
Housing housed housing
22 Pg. 204
Packet 151
Courtney Myers-Keaton
cmyers-keaton@hwmuw.org
THANK YOU
For questions or more information, please contact:
10.b
8.3.a

Packet Pg. 205


152

Attachment:
Attachment:
pgs 88
4-25-23
- 158 of
Public
Agenda
Safety
- Tuesday,
Info (Public
May Safety
23, 2023
Committee
(Public health
Reportand
and
safety
8.3.a
10.b

Grand Rapids Community Conversa�ons On Safety

Thema�c Summary

14 April 2023

Property)
City Commission)
Editor’s note: These notes represent comments repeatedly referenced in notes taken by facilitators at

safety ordinanceto- Nuisance


each small group discussion table. Attention was paid to connecting related ideas into a single
statement. An unabridged collection of all notes taken in their original form is available upon request.

Recommendation
Monday, March 20 Public Session @Goei Center

- Approximately 80 atendees from the community, along with City staff and community partners,
atended the event at Goei Center.
- When asked why they had chosen to atend the session,
o some atendees focused on safety and cleanliness concerns in and around the

and
and
downtown area and a desire for more enforcement of laws governing problema�c

health
behavior in the central business district and on public transit.

Report
o Other atendees focused on finding strategies to address the underlying needs of the

2023 (Public
unhoused in Grand Rapids, from shelter to affordable housing to mental health, as well

23, Committee
as programming for parents and children in foster care.
o A few atendees also men�oned a desire for higher staffing and beter training for the
Grand Rapids police department.
- When asked what makes them feel safe,

Safety
o Some men�oned a desire to see police change tac�cs, asking permission to examine

(PublicMay
private property and have greater transparency and less “random profiling.” Others

- Tuesday,
men�oned feeling safe in the presence of police foot patrols that respond quickly to calls
for support, par�cularly when officers know people in the communi�es they serve in.
o Some men�oned anxiety when driving or walking around Grand Rapids, referencing

Safety Info
areas like Wealthy St., Division St., concerns when approached by strangers or people

of Agenda
who are visibly armed (civilians), with anxiety around carrying a purse. Conversely,
atendees men�oned feeling safe if they know the community they’re in and the people
there.

Public
o Some associated feelings of safety with lights at night, water to drink, accessible
88 - 158
restrooms, and clean public spaces, with high foot traffic. 4-25-23
o Some men�oned anxiety when in spaces with mostly people who do not look like them
Attachment:pgs

(i.e., women of color in a popula�on that is mostly not people of color).


o Some men�oned feeling safe when businesses have proper private security systems
Attachment:

(with things like cameras, etc.) and “make it more invi�ng.”


- When asked for recommenda�ons, atendees offered several sugges�ons:
o More aten�on paid to affordable housing, including a reduc�on of bureaucracy and
poten�ally u�lizing abandoned buildings in places like Eastern & Franklin and Eastern &
Cherry) and efforts to address nega�ve effects of gentrifica�on

Packet Pg. 206


153
8.3.a
10.b

o A wider array of op�ons for the unhoused to turn to for emergency shelter; current
op�ons some�mes feel insufficiently safe or invi�ng, par�cularly for those batling
addic�ons.
o The presence of more community officers—i.e., either outreach officers or police officers

Property)
City Commission)
more familiar with the neighborhood
o Shi� funds away from enforcement and towards social services.
o More resources for mental health care, par�cularly for those who cannot afford it.

safety ordinanceto- Nuisance


o More training for officers to allow for de-escala�on, more co-response involving officers
and mental health professionals
o Greater openness, dialogue, and more rela�onships across communi�es within Grand
Rapids

Recommendation
o Addi�onal outreach to engage the unhoused in dialogue.
o Reduce barriers to emergency shelter (i.e., op�ons for those with addic�on, etc.)
o Increased walkability across the City, allowing more people to develop rela�onships
o Free bus passes for the unhoused
o A hub for the unhoused to get resources even if sleeping outside (bathroom, showers,
case workers, mental health workers, etc.)

and
and
health
Tuesday, March 21st, Grand Rapids Chamber hosted business owner focus group

Report
See Appendix A.

2023 (Public
23, Committee
Tuesday, March 21st, United Way focus group with unhoused youth and young adults

See Appendix B.

Wednesday, March 22nd, Grand Rapids Public Library (downtown loca�on)

Safety
(PublicMay
- Approximately 112 atendees from the community, along with City staff and community
partners, atended the event at the Downtown branch of the Grand Rapids Public Library.

- Tuesday,
Several iden�fied themselves as unhoused.
- When asked why they had chosen to atend the session,

Safety Info
o some atendees focused on safety and cleanliness concerns in and around the
downtown area and a desire for more enforcement of laws governing problema�c

of Agenda
behavior in the central business district and on public transit. Some of these
perspec�ves came from downtown residents, those who work downtown, and those

Public
who are associated with downtown businesses.

88 - 158
o Other atendees focused on finding strategies and iden�fying more resources to address
the underlying needs of the unhoused in Grand Rapids, from shelter to affordable 4-25-23
housing to mental health, as well as programming for parents and children in foster care.
Attachment:pgs

o Several atendees came from an area high school to learn more about local issues and
Attachment:

civic engagement.
o Several atendees who iden�fied as unhoused or homeless discussed a desire to feel
safer, with a more stable housing situa�on along with other needed resources and
services (educa�on, transporta�on, mental health care, safer shelter space, etc.)
o Several expressed opposi�on to a proposed ordinance to address safety concerns while
s�ll expressing interest in finding other solu�ons.

Packet Pg. 207


154
8.3.a
10.b

o Atendees expressed pride in its city and a desire for it to be safe for all, including visitors
and employees.
o Some expressed a desire to build rela�onships and partnerships to help provide security
and/or support for the unhoused.

Property)
City Commission)
- When asked how they would define safety,
o Some men�oned an employee’s piece of mind.
o Several men�oned the City’s HOT team.

safety ordinanceto- Nuisance


o Some men�oned prompt police response, though others men�oned they occasionally
feel unsafe in the presence of uniformed police officers due to prior experiences.
o Some referenced ligh�ng in public spaces, along with more foot traffic and public
restrooms.

Recommendation
o Some dis�nguished between feelings of safety downtown compared to what makes
them feel safe in neighborhoods—i.e., they feel safer in their neighborhoods than they
may downtown based on knowing more people in their neighborhood, etc.
o Some atendees with experience staying in shelters expressed feeling a lack of safety in
those spaces.
o Some men�oned varia�ons in feelings of safety by �me of day—with higher feelings of

and
and
safety between 9p and 4:30p

health
o Some men�oned the visibility of police or private security on a regular basis as a way to

Report
feel safer.

2023 (Public
- When asked for recommenda�ons to address challenges iden�fied earlier in the conversa�on,

23, Committee
atendees offered several sugges�ons:
o Several suggested stronger partnerships and beter communica�on among organiza�ons
set up to serve the unhoused—combining shelter resources with job-related resources,
medical resources, educa�onal resources, transporta�on resources, and financial

Safety
educa�on/assistance.

(PublicMay
o Several men�oned the significance of forming stronger rela�onships among Grand

- Tuesday,
Rapidians from different parts of the community or walks of life.
o Some suggested that the City con�nue its push for more housing affordable to those
who are currently unhoused.

Safety Info
o Several discussed the rela�onship between the unhoused and the police and the need

of Agenda
for beter police training to de-escalate situa�ons involving the unhoused and beter
relate to them.

Public
o Some suggested that business owners and employees be given similar training in de-

88 - 158
escala�on.
o Several called for beter condi�ons at exis�ng shelters—improved sleeping 4-25-23
arrangements, more sanitary condi�ons, more access for those who may be struggling
Attachment:pgs

with substance abuse, etc.—along with broader access to showers, bathrooms, lockers,
and clean environments for the unhoused.
Attachment:

o Several reinforced the value of the HOT (Homeless Outreach Team) as a key player in
ensuring safety for all and called for its expansion (in staffing, hours of service, etc.).
o Several called for broader access to mental health services for all.
o Some suggested that some of the police department’s current budget be redirected to
social services for the unhoused.

Packet Pg. 208


155
8.3.a
10.b

Appendix A: Chamber of Commerce Focus Group Notes

This mee�ng involved 16 members who were invited by the Vice President of Government Affairs, Josh
Lunger. Larry Schooler and Benita Duran of the Na�onal Civic League facilitated this conversa�on that

Property)
involved approximately 18 members, 12 in person and 6 members on zoom.

City Commission)
The mee�ng opened with comments from Kate Berens, Deputy City Manager, who provided context for
the discussion that followed. She outlined the process of the Public Safety Commitee and the desire to

safety ordinanceto- Nuisance


seek input that would help inform the discussions of the Public Safety Commitee that were scheduled to
follow in April.

Themes and general comments

Recommendation
Economic Issues

There was concern expressed related to the changes that business owners are experiencing downtown.
Some members expressed concern about the loss of business, foot traffic, downtown diners, and impact

and
on local retail tax base.

and
health
Related to workers downtown, businesses are experiencing added costs for security of their employees –

Report
keyed entry devices at doors, security for a�er-hours access and walking employees to their parked

2023 (Public
vehicles.

23, Committee
Long-term investments for businesses downtown are at risk in addi�on to the loss of talent and or
difficulty in hiring employees who want to work downtown.

People vote with their feet and don’t come back – if they have an unsafe or unpleasant experience

Safety
downtown.

(PublicMay
Concern about the loss of tax base and also paying for district improvements.

- Tuesday,
Safety Info
Safety

of Agenda
Concerns expressed related to employees, visitors, and residents of downtown

Things have changed in the past two years – now most banks and offices must lock their front doors

Public
otherwise risk random people coming into buildings, damaging property or injuring people.
88 - 158
4-25-23
Attachment:pgs

Cleanliness
Attachment:

Observa�ons and direct experiences shared related to toile�ng in public and other surprising and
inappropriate behavior.

Live /Work Spaces

Packet Pg. 209


156
8.3.a
10.b

Many changes have had to be implemented for safe access to offices and buildings.

There have been staffing decreases due to Covid and fewer people in offices in the past 2 years; and not
seeing a return in equal numbers.

Property)
City Commission)
Behavior in public spaces

safety ordinanceto- Nuisance


Sense of empowerment without consequences, by this new popula�on camping and sleeping in the
downtown area.’

Mental health issues need to be addressed and supported.

Recommendation
Members have iden�fied a popula�on of 61 people who do not desire shelter or a permanent place to
call home. This subgroup is an issue.

Policy issues

and
and
Members at this mee�ng were aligned on the issues that are needed here.

health
Report
Leadership and Act with urgency

2023 (Public
Address sleeping on sidewalks and public spaces.

23, Committee
Address pan handling – look at other ci�es for models. (though it is noted that at earlier �me, a member
expressed that we don’t want to be like Portland or Aus�n, we want to shape policies and prac�ces that
address what we need now.

Safety
Bring the sheriffs’ offer back to the table.

(PublicMay
Look at improving wrap around services for the ‘61’ and iden�fy the gaps.

Attachment:pgs
Attachment: 88 - 158
4-25-23 of Agenda
Public - Tuesday,
Safety Info

Packet Pg. 210


157
8.3.a
10.b

Appendix B: Focus Group With Unhoused Youth/Young Adults at United Way

Summary Notes

21 March 2023

Property)
City Commission)
This small group roundtable was organized by Director of Coali�on to End Homelessness, Courtney
Myers-Keaton. There were seven members of this group along with the staff of the Youth Collec�ve,
Housing Kent and Ms. Myers-Keaton. Larry Schooler and Benita Duran led the conversa�on on behalf of

safety ordinanceto- Nuisance


the Na�onal Civic League and probed a range of issues and ques�ons.

Issues of young adults who are unhoused or experiencing homelessness on occasion are:

Recommendation
Services and Safety:

Support services exist, but you have to know who to talk with and/or where to go.

Youth sheltering is limited and unsafe. Issue men�oned: fights, toile�ng in public, due to no facili�es.
Difficult mixing ages in same shelter. Tents are safer for youth even in inclement weather. Services are
centralized in the downtown area and people know where to go. Need places to go that are safe and

and
and
non-threatening. There are 14 beds for males at Mel Troter. Females subject to sexual harassment.

health
Don’t feel safer with police. A “red van” stalks homeless women and children. No support to address

Report
abduc�ons.

2023 (Public
A “good night’s sleep” is four hours without being woken up. Minimum six for some. Bedding and a few

23, Committee
belongings are carried and stored.

Cleanliness:

Safety
Toilets are needed – access to them is very limited. Some�mes when there’s one at a site, the owners

(PublicMay
padlock the doors. Try to use restaurant restrooms but requires buying something. Very difficult and
stressful to look for a place to wash hands and face, and use a toilet. Some�mes it is a tense situa�on

- Tuesday,
between property owners.

Jail matresses are dirty. Lice has been an issue in the past at jail.

Safety Info
of Agenda
Won’t o�en find accessible restrooms. Dig a hole for it. 6:30p bathrooms locked, o�en completely
locked in winter. Finding porta poty is a hot commodity. Some�mes construc�on workers padlock it.

Public
Observa�ons of people they meet:

88 - 158
Many are from Chicago, Florida. Small influx. People say they are put on buses from Detroit, Ann Arbor.
4-25-23
A one-way bus �cket is $30. A health system in N. Michigan gives rides to homeless shelter. The
Attachment:pgs

reputa�on of GR is that it has more resources.


Attachment:

Final comments:

Hard to relate to us (young people who are unhoused). Discrimina�on is real, and it is even harder for
youth of color. Can’t just push homelessness away. Remember everyone is human. Not an easy lifestyle,
not a choice for many. Have some compassion. Ask us what we need and what can work more o�en.

Packet Pg. 211


158
DATE: June 13, 2023

TO: Mark Washington, City Manager

COMMITTEE: Committee of the Whole


LIAISON: Mark Washington, City Manager

FROM: Connie M. Bohatch, Managing Director of Community Services


Community Development Department

SUBJECT: Briefing on Proposed Property Maintenance Code Ordinance


Amendment

Staff will provide a briefing on the proposed Property Maintenance Code ordinance
amendment to be considered for adoption at tonight’s City Commission meeting. The
proposed amendment includes the following changes:

• Update the local code from the 2012 to the 2021 version of the International
Property Maintenance Code (IPMC).
• Insert local information as required by the IPMC.
• Identify local amendments to the IPMC that include:
o omitting sections of the IPMC that duplicate existing local codes for
enforcement of nuisances, house numbers, and fire safety.
o setting work hours for condemned property between 7 a.m. and 10
p.m.
o permitting a two-year Certificate of Compliance for single-family rental
properties and specifying that a six-year certificate cannot be obtained
if the previous certificate was a two-year certificate.
o increasing the limit for transferring a Certificate of Compliance to a new
property owner from 90 days to 365 days;
o updating the Mechanical Safety Inspection language to align with
duration of Certificate of Compliance rather than every four years;
o omitting enforcement for heat in occupiable work spaces; and
o adding a new Chapter 12 Lead-Based Paint requiring dust screening
for lead-based paint in residential rental properties initially constructed
before 1978.
• Remove “residential” from sections addressing abandoned or vacant
residential structures that would:
o eliminate the need for a separate Building Maintenance Code (Chapter
135 of Title VIII); and
o allow commercial structures to be added to the blight program to
provide flexibility in working toward repairs without stringent timelines

Packet Pg. 212


and to use civil infractions rather than misdemeanor warrants for
necessary enforcement.

Prepared by Louis T. Canfield

Packet Pg. 213

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