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CODIFIED ORDINANCES OF GRAND RAPIDS
PART TWELVE - PLANNING AND ZONING CODE

 

Chap. 1260.

 

   

      General Provisions and Definitions.   
1260.01 Compliance required.  
1260.02 Interpretation; conflicts of
1260.03 Separability.   
1260.04 Definitions. laws.
Chap.1264.   

 

 

 

   

 Administration, Enforcement and Penalty. 
1264.01 Planning Commission
1264.02 Zoning Inspector 
1264.03 Zoning Certificates 
1264.04 Procedure and requirements
1264.05 Appeals to Court 
1264.06 Procedure and requirements for
           approval of conditional use permits
1264.07 Fees for appeals and variances
1264.99 Penalties
Chap. 1268.

 

 

 

 

 Amendments.   
1268.01 Authority of Council
1268.02 Initiation  
1268.03 Applications for Zoning Map Changes
1268.04 Transmittal of resolutions and 
	   applications to Planning Commission 
1268.05 Hearing, notice and recommendations 
	   of Planning Commission 
1268.06 Hearing and notice of Council
1268.07 Action by Council
Chap. 1272.




    		Districts Generally and Zoning Map. 
1272.01 Establishment of districts; Zoning Map; 
	   zoning of annexed territory. 
1272.02 Zoning of newly subdivided land. 
1272.03 Interpretation of district boundaries.   
Chap. 1276. 

 

 

 

 

Districts and Uses; Nonconformities. 
1276.01 Agricultural District. 
1276.02 Rl Residence District. 
1276.03 Rla Residence District.
1276.04 R2 Residence District. 
1276.05 Mobile Home Park District. 
1276.06 Commercial District.  
1276.07 Central Business District. 
1276.08 Industrial District. 
1276.09 Nonconforming uses.
Chap. 1280.

 

 

 


     

Lot Coverage and Setback Lines. 
1280.01 In the R1 District. 
1280.02 In the R2 District.
1280.03 In the Agricultural District.
1280.04 In the Commercial District
1280.05 In the Central Business District; 
        awnings and canopies 
1280.06 In the Industrial District.
1280.07 Proximity of nonresidential buildings 
        to residential 
1280.08 Flood Damage Prevention districts.
Chap. 1284.

 

 

 

 


 

Signs.   
1284.01 Definitions. 
1284.02 Purpose.
1284.03 General requirements. 
1284.04 Safety, maintenance and removal 
1284.05 Design standards. 
1284.06 Signs in Agricultural and Residential 
           Districts 
1284.07 Signs in the Central Business District 
1284.08 Signs in the Commercial District 
1284.09 Signs in the Industrial District 
1284.10 Existing signs; signs advertising 
           nonresident businesses prohibited 
1284.11 Fee schedule.  
Chap. 1288.      Off-Street Parking and Loading.  
Chap. 1292.   
Supplementary Regulations.  

1292.01 Swimming pools.
1292.02 Fences.

 

 

 


CHAPTER 1260
General Provisions and Definitions  
1260.01 Compliance required.    1260.03 Separability.  
1260.02 Interpretation; conflicts of   1260.04 Definitions. laws.  

 

 

      

CROSS REFERENCES  
 Ohio Revised Code Online
Division of municipal corporations into zones - see Ohio R.C. 713.06 
Restriction in location of buildings and structures - see Ohio R.C. 713.07 
Restrictions on height of buildings and structures - see Ohio R.C. 713.08 
Restrictions on bulk and location of buildings and structures, percentage of lot occupancy and setback building lines - see Ohio R.C. 713.09
Notice and hearing on zoning regulations – See Ohio R.C. 713.12  
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C. 713.10
Violations may be enjoined – See Ohio R.C. 713.13  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1260.01 COMPLIANCE REQUIRED.

Except as otherwise provided in this Zoning Code, and except when written permission to do otherwise is obtained from the enforcing officer:
(a) No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.
(b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the yard regulations or height limits herein established for the district in which the building is located.
(c) The minimum yards, parking spaces and other open spaces required by this Zoning Code for any building hereafter erected shall not be encroached upon or considered as part of the yard, parking space or other open space requirements for any other building, nor shall any lot area be reduced below the district requirements of this Zoning Code.   (Ord. 79-15. Passed 11-12-79.)

 

 

 

1260.02 INTERPRETATION; CONFLICTS OF LAWS.

In interpreting and applying the provisions of this ordinance they shall be held to the minimum requirements for the promotion of the public health, safety, morals, comfort, and general welfare. It is not intended by this Zoning Code to interfere with, abrogate or annul any other ordinance, resolution, rules, regulation, or permit previously adopted or issued, and not in conflict with any of the provisions of this Zoning Code relative to the use of buildings, structures or land, nor it is intended by this Zoning Code to interfere with, abrogate or annul any easements, covenants or other agreements between parties, provided, however, that whenever this Zoning Code imposes greater restrictions upon the use of buildings, structures, premises or land, or upon the height of buildings, or requires greater building lines or larger open spaces, than are imposed or required by any other ordinance, resolution, rule, regulation, permit, easement, covenant or agreement, the provisions of this Zoning Code shall control.   (Ord. 79-15. Passed 11-12-79.)  

 

 

 

1260.03 SEPARABILITY.  

 

Should any section, clause or provision of this Zoning Code be declared by a court of competent jurisdiction to be invalid, the same shall not apply to or affect the validity of this Zoning Code as a whole, or any part thereof other than the part so declared to be invalid.  (Ord. 79-15. Passed 11-12-79.)

 

 

 

1260.04 DEFINITIONS.  

 

As used in this Zoning Code, words used in the present tense include the future, the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure," and the word "lot" includes the word "plot"; and the word "shall" is mandatory and not directory. Any word not herein defined shall be construed in its generally accepted sense. In addition, unless otherwise expressly provided in this Zoning Code:  
(1) "Accessory building" means a subordinate building or portion of a main building, the use of which is incidental to that of the main building.
(2) "Alley" means a public thoroughfare not over twenty feet wide.
(3) "Apartment house." See "multiple dwelling."
(Ord. 79-15. Passed 11-12-79.)
(4)  "Awning" means any structure made of cloth, wood or metal and having a metal or wooden frame, being attached to a building and projecting over a public right of way.  
(Ord. 94-12. Passed 4-25-94.)
(5) "Basement" means a story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.  
(6) "Boarding house" means a building other than a hotel, where lodging and meals, for five or more persons, are served for compensation.
(7)  "Building" means a structure having a roof supported by walls. When a building is separated by a party wall without an opening, it shall be deemed to be a separate building
(8) "Building height" means the vertical distance from the established sidewalk grade at the center of the front of the building, to the highest point of the roof surface of a flat roof, to the deck line of mansard roofs and to the mean height level between eaves and ridge for gabled, hip and gambrel roofs. For a building set back from the street line, 'building height" may be measured from the average elevation of the finished grade along the front of the building.  
(Ord. 79-15. Passed 11-12-79.)
(9) "Canopy" means any structure made of cloth, wood or metal and having a metal or wooden frame, being attached to a building, projecting over a right of way and carried by a frame supported by the building.
(Ord. 94-12. Passed 4-25-94.)
(10) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Planning Commission. Conditional uses permitted in each district are listed.
(11) "Conditional use permit" means a permit issued by the Zoning Inspector, upon approval by the Planning Commission, to allow a use, other than a principally permitted use, to be established within a district.
(12) "Court" means an open, unoccupied, unobstructed space, other than a yard, on the same lot as a building. An inner court is a court surrounded on all sides by walls or by walls and a lot line. An outer court is a court extending to a court or way, or to a front or rear yard.
(13) "Dwelling" means any house or building or portion thereof designed for or occupied in whole or in part as the home, residence or sleeping place of one or more persons, either permanently or transiently, but not including house trailers or mobile homes.
(14) "Dwelling, multifamily" means a building or portion thereof designed for or occupied as the home of three or more families or households, living independently of each other, including tenement houses, apartment houses and or apartment hotels.
(15) "Family" means one or more persons occupying a premises and living as a single household unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
(16) "Fence" means and includes all structures used as barriers or to demarcate a boundary, but shall not include ornamental structures of less than one foot in height.
(17) "Garage" means a building or any portion thereof in which one or more motor vehicles are housed, kept or repaired, not including exhibition or show rooms.
(18) "Garage community" means a series of private garages, one story in height, located jointly on a parcel of land under a single ownership.
(19) " Home occupation" means an occupation conducted in a dwelling unit.
(20) "House trailer" means any self-propelled and non self-propelled vehicle, as designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to indicated utilities, whether resting on wheels, jacks or other temporary foundation and used or so constructed as to permit its being used as a conveyance upon the public streets or highways.
(21) "Hotel/motel" means a building occupied as the more-or-less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than five rooms usually occupied, singly, and where no provisions are made for cooking in any individual apartment (room).
(22) "Lodging house" means a building, other than a hotel, where lodging for five or more persons is provided for compensation.
(23) " Lot " means a place or parcel of land occupied or to be occupied by one building and its accessory building, including the open space required under this Zoning Code.
(24) " Lot , corner" means a lot abutting on two or more streets at their intersection, provided that the angle at which the streets intersect does not exceed 135 degrees. A portion of a corner lot that is more than 100 feet from the corner shall be treated as an interior lot.
(25) " Lot , front, rear and depth of' is defined as follows: The front line of a lot is that boundary line which borders on the right of way. In the case of a corner lot, the owner may elect by a statement on his or her plans, either right-of-way boundary line as the front. In the case of a triangular lot, the rear is the boundary line not bordering on the right of way. The dept of a lot is the dimension measured from the front of the lot to the entrance rear line of the lot. In the case of an irregularly shaped lot, the mean depth shall be taken.
(26) " Lot , interior" means a lot the side lines of which do not abut on any street.
(27) " Lot lines" means the lines bounding a lot, as defined herein.
(Ord. 79-15. Passed 11-12-79.)
(28) "Mansard roof' means a roof having two slopes on all sides, with the lower slope steeper than the upper one.  (Ord. 94-12. Passed 4-25-94.)
(29) "Mobile home" means any non-selfpropelled vehicle designed, constructed, reconstructed or added to, by means of accessories, in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used, or so constructed as to permit it being used, as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of thirty feet.
(30) "Mobile home park" means any site or tract of land upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(31) "Motel." See "Hotel."
(32) "Nonconforming use" means a use of a building or land that is not in compliance with the regulations of the use district in which it is located.
(33) "Parking space, off-street" means an area adequate for parking of an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, which area is located totally outside of any street or alley right of way.
(34)  "Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscape areas, viaducts and bridges.
(35) "Setback line" means the minimum horizontal difference between the lot line and the lot front line of any building or projection thereof, excluding steps which do not extend more than four feet beyond the front wall of a building.  (Ord. 2002-6, passed 4/29/2002)
(36) "Stable" means any building or portion thereof which is used in whole or in part for the care and shelter of horses, cattle or other similar animals, either permanently or transiently.
(37) "Story" means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
(38) "Story, half” means a story which is situated under a sloping roof, the floor area of which does not exceed one-half of the floor area of the floor immediately below it and which does not contain an independent apartment. A half story shall not be counted as a story for the purpose of determining property.
(39) "Street, public" means a public thoroughfare which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.  
(40) "Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
(41) "Structure" means anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a firm location on the ground. "Structure" includes buildings, commercial radio or television towers, sheds and permanent signs, but excludes fences.
(42) "Use" means the specific purposes for which land or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
(43) "Variance" means a modification of the strict terms of relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(44) "Yard" means an open space unoccupied and unobstructed by any structure or portion of a structure, lying between a structure and adjoining lot lines.  (Ord. 79-15. Passed 11-12-79.)  

                    

 

 

  

 

CHAPTER 1264
Administration; Enforcement and Penalty

1264.01 Planning Commission 1264.05   Appeals to Court  
1264.02 Zoning Inspector  1264.06   Procedure and requirements for
                 approval of conditional use permits
1264.03 Zoning Certificates   1264.07   Fees for appeals and variances
1264.04 Procedure and requirements  1264.99   Penalties  

  

 

CROSS REFERENCES
Ohio Revised Code Online
Division of municipal corporations into zones - see Ohio R.C. 713.06 
Restriction in location of buildings and structures - see Ohio R.C. 713.07  
Restrictions on height of buildings and structures - see Ohio R.C. 713.08 
Restrictions on bulk and location of buildings and structures, percentage of lot occupancy and setback building lines - see Ohio R.C. 713.09 
Administrative board; powers and duties - see Ohio R.C. 713.11 
Violations may be enjoined - see Ohio R.C. 713.13  
Sign fees - see P. & Z. 1284.11  

1264.01 PLANNING COMMISSION.  

(a)









Establishment and Membership. A Planning Commission, hereinafter referred to as the "Commission," is hereby established. Such Commission is composed of five members, who serve without compensation. The Mayor is a member of the Commission by virtue of his or her office. A second member must be a member of Council. He or she is elected to the Commission by Council to serve during his or her term as Councilperson. The other three members of the Commission must be residents of the Village who are appointed by the Mayor and confirmed by Council. Initially, the Mayor appoints one member for a term of two years, a second for four years and a third for six years. Thereafter, the Mayor appoints one new citizen member every two years to a six-year term on the Commission. Vacancies shall be filled for unexpired terms only.           

Any member of the Commission may be removed for neglect of duty after a public hearing before Council and a resolution adopted by said Council.

(b)

 

 

  Chairperson, Secretary and Meetings.
(1)










 The Commission shall, within ten days after appointment, meet and organize, electing a chairperson and a Secretary from its membership. All meetings of the Commission shall be held at the call of the Chairperson and at such times and places as the Commission may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and require the attendance of witnesses. All meetings of the Commission shall be open to the public.
(2)








 The Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination, of the Commission, shall immediately be filed in the office of the Village Clerk and shall be a public record. In the performance of its duties, the Commission may incur such expenditures as shall be authorized by Council. The Commission shall adopt its own rules or procedure not in conflict with State law.
(c) 


















 Duties.  
For the purposes of this Zoning Code, the Commission shall have the following duties:
(1) Initiate proposed amendments to this Zoning Code.
(2)
 Review all proposed amendments to this Zoning Code and make recommendations to Council.
(3)

 

 Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
(4)


 Authorize such variances from the terms of this Zoning Code as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of this Zoning Code will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done.
(5) Grant conditional use permits.
(6)

 Permit a temporary building for business or industry in the R1 or R2 Residence District which is incidental to and necessary for residential development for a period of not more than one year.
(Ord. 79-15. Passed 11-12-79.)  

    

 

1264.02 ZONING INSPECTOR.
     

(a)


 Unless otherwise expressly provided in this Zoning Code, this Zoning Code shall be administered and enforced by the Zoning Inspector who is hereby designated the enforcing officer of this Zoning Code. The Zoning Inspector will be appointed by the Mayor with the concurrence of Council. The enforcing officer may be removed from office for neglect of duty after a hearing before the Commission and Council. Such removal and filling the vacancy thereby created shall be made by resolution of the Village Council.
(b)
 To be eligible for appointment, the Zoning Inspector shall be well informed on the details of this Zoning Code and be able to read and interpret building plans and specifications, surveys and other documents to the extent necessary to fulfill his or her duties and responsibilities of enforcement. He or she shall be physically capable of making the necessary examinations and inspections of the building site.
(c) It shall be the duty of the Zoning Inspector to enforce all laws relating to this Zoning Code. It shall be the Zoning Inspector's job to consider the construction, alteration and/or repair of buildings and structures only as they relate to the enforcement of this Zoning Code.
(d)

 It shall be the duty of the Zoning Inspector or a duly appointed assistant to inspect all buildings or structures in the process of construction, as well as the installation on private property of all utilities and other facilities incident thereto, to see that the provisions of law relative to planning and zoning are complied with; to review all applications to determine that all requirements of law are complied with; and to determine the need for conditional use permits and the legality of nonconforming uses.
(e) The Zoning Inspector shall keep careful and comprehensive records of all applications made and of all permits and zoning certificates issued, inspections made, reports rendered and notices or orders issued. A copy of all zoning certificates issued shall be mailed to the Chairperson of the Planning Commission within one week of issuance.
(f) Neither the Zoning Inspector nor any person duly appointed as his or her assistant, when acting for the Village in the discharge of his or her duties, shall be deemed to render himself or herself personally liable, and he or she is hereby relieved of all personal liability for any damage that may accrue to persons or property as the result of any such acts performed in the discharge of his or her duties except intentional tortuous conduct. Any suit brought against him or her because of any act performed by him or her in good faith, or any act not constituting an intentional tort, in the enforcement of any provision of this Zoning Code, shall be defended by the Solicitor and if judgment is awarded against him or her he or she shall be indemnified and held harmless for all costs, including reasonable attorney's fees for his or her defense. 
(Ord. 79-15. Passed 11-12-79.)

   

 

 

1264.03 ZONING CERTIFICATES.  

 

(a)






 Before proceeding with the erection, relocation or alteration of any building, or structure, a zoning certificate for such activity shall be first obtained from the Zoning Inspector by the owner or his or her agent, which certificate, in such form as may be prescribed by the Zoning Inspector, shall in substance, certify that such proposed erection relocation, alteration, or other activity complies in all respects with this zoning code. No person shall proceed with the erection, relocation, alteration, or other activity unless such certificate shall first have been obtained. 
(Ord. 2002-6, passed 4/29/2002)
(b)
 The fee for issuance of a zoning certificate shall be five dollars ($5.00). Such fee shall be collected at the time the application for the zoning certificate is made.
(c)










 Should the Zoning Inspector consider that the work under such permit is proceeding in violation of the provisions of this Zoning Code, it shall be his or her duty to notify the owner or owners, or his or her or their agent, in writing, that the work is being constructed in violation of the zoning certificate and this Zoning Code and that the same must be immediately rectified to conform with such zoning certificate and Code and, if necessary, a stop order may be issued. If the owner or owners neglect to comply with such notice or to make such correction, the Zoning Inspector may revoke such permit, and notice thereof shall be immediately served upon the owner, agent, superintendent or contractor in charge of the work, or upon such other person as it can be reasonably assured would deliver the same to the owner. The Zoning Inspector shall also post a copy of said notice on the premises to which the certificate applies. Copies of such notice of revocation shall be delivered forthwith to the Village Solicitor. 
(Ord. 79-15. Passed 11-12-79.)  

 

 

 

1264.04 PROCEDURE AND REQUIREMENTS

FOR APPEALS AND VARIANCES.  

(a)

 

 Appeals. Appeals to the Commission concerning the interpretation or administration of this Zoning Code may be taken by any person aggrieved or by any officer or bureau of Council affected by any decision made by the Zoning Inspector. Such appeal shall be taken within 10 days by filing with the Zoning Inspector, and with the Commission, a notice of appeal. (Ord. 2000-5)

An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector certifies to the Commission, after the notice of appeal has been filed with him or her, that an emergency exists and that such emergency requires that such proceedings not be stayed, in which case such proceedings shall not be stayed otherwise than by a restraining order issued by a court of record upon application therefor, with notice to the Zoning Inspector, upon due cause being shown therefor.

(b)

 

 

 

 

 

 

 

 





 Variances Generally. The Commission may authorize, upon appeal in specific cases, variances from the terms of this Zoning Code when it is alleged that practical difficulties or particular hardships, not intended or not common to other owners of property in the vicinity, will be suffered by the applicant if the strict letter of this Zoning Code is carried out, provided that it is determined that such variance will not be contrary to the public interest.

The following standards shall prevail when considering an application for a variance:
(1)


The applicant's supposed hardship cannot be one of economics alone. For instance, a variance shall not be granted to allow construction of a service station in order that the property owner can sell the land for a higher price that he or she could get with the existing residential zoning.  
(2)

 

 The hardship must result from circumstances affecting a particular and unique piece of property, and not from a general condition throughout the neighborhood.  
(3) A variance must not alter the essential character of the neighborhood.  
(4)

 

 A hardship must not be contrary to the public interest even if a hardship can be established.
(5)

 

 A variance must not be contrary to the public interest even if a hardship can be established.
(c)

 

 


 

 

 

 















 

 Applications and Standards for Variances. A variance from the terms of this Zoning Code shall not be granted by the Commission unless and until a written application for the same is submitted to the Zoning Inspector and the Commission containing:  
(1) The name, address and telephone number of the applicant;  
(2) A legal description of the property;  
(3) A description of the nature of the variance requested; and  
(4)

 

 

 

 


 A narrative statement demonstrating that the requested variance conforms to the following standards:  
A.

 

 That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same districts;  
B.

 

 That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Code; and  
C.
 That special conditions and circumstances do not result from the actions of the applicant.  
(5)

 

 A list of the names and mailing addresses from all property owners within a distance of 200 feet from the lot lines, streets and alleys included, of the lot for which the variance is proposed.
(Ord. 2000-5)
(6)