Variances.
Grand Rapids City Code § 9.69
in effectSec. 9.69. - Variances.
(1) The provisions of this Article shall not apply to those events, activities, or locations which have been granted a variance, as hereinafter set out, by the City Commission.
(2) The City Commission shall have the authority to grant variances subject to the conditions and under the circumstances set out in this Section. These variances, to be known and entitled as Noise Variances, shall exclude the event, activity or location for which the permit is issued from the operation and requirements of this Article, subject to the provisions of this Section.
(3) Any person seeking a variance pursuant to this Section shall file an application with the City Clerk on a form prescribed by the City Manager. The application shall contain, in addition to such information as shall be required by the City Manager, information demonstrating that bringing the source of sound for which the variance is sought or the activity involved into compliance with this Article, would cause an unreasonable hardship for the applicant, the community or for other persons. Upon receiving such an application, the Clerk shall submit it to the City Manager. Upon receipt of an application, the City Manager shall cause such investigation as he or she deems necessary to be made concerning the application. This investigation may include, but need not be limited to, consulting with such City Departments as he or she may deem necessary or desirable. The City Manager, subject to the provisions of subsection (4) of this Section may, in his or her discretion, cause a public hearing to be held on any application for a Noise Variance. If no public hearing is held, the City Manager, subject to the provisions of subsection (4) of this Section, shall allow interested parties to submit written comments concerning an application for a Noise Variance. The applicant shall, prior to the investigation of the application by the City Manager, cause a public notice of said application for a Noise Variance to be published at least twice in a daily newspaper of general circulation published in the City of Grand Rapids, in a form prescribed by the City Manager.
(4) The City Manager, in addition to such other investigation as he or she may deem necessary:
(a) Shall require applicant to show that the notice requirements herein provided for have been met;
(b) Shall permit applicant to offer such evidence as it desires to establish applicant's position that a variance should be granted;
(c) Shall permit those opposing applicant's request for a variance to offer evidence in opposition to the granting of a variance;
(d) May, in his or her discretion, refuse to receive or hear evidence that is merely cumulative, and may reasonably limit the time allowed to present evidence by those supporting and those opposing the application.
(5) The City Manager shall consider all evidence received pursuant to this Section and based upon this evidence and the results of his or her investigation, shall make a recommendation to the City Commission as to whether a Noise Variance should be granted. The City Manager shall make his or her recommendation based upon the factors set out in subsection (6), and shall state the reasons for his or her recommendation in writing. The application and the recommendation of the City Manager shall be placed on the agenda of the City Commission and shall be considered in due course according to the Rules of the City Commission. In deciding whether to grant the Noise Variance, the City Commission shall consider the factors set out in subsection (6) of this Section. The City Commission shall, by resolution, grant or deny the Variance. If a resolution approving a Noise Variance is passed, the City Clerk shall issue a Noise Variance subject to the terms of this Section.
(6) The following factors shall be considered in determining whether to grant the variance:
(a) The balance of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other effects of the granting of the variance.
(b) The number, if any, of previous variances granted to the applicant, or for the same location or activity.
(c) The nearness of any residence or residences, or any other use which would be adversely affected by noise exceeding the limits prescribed by this Article.
(d) The sound level of the sound to be generated by the event or activity.
(e) Whether the type of noise to be produced by the event is usual or unusual for the location or area for which the variance is requested.
(f) The density of population of the area in which the event or activity is to take place.
(g) The time of day or night which the activity or event will take place.
(h) The nature of the sound to be produced, including but not limited to whether the sound will be steady, intermittent or of a repetitive impulse nature.
(7) Neither the City Manager nor the City Commission shall consider the communicative content of the activity or event in determining whether to grant or deny a variance. The rights of all interested persons to due process of law and equal protection of law shall not be denied.
(8) Variances shall only be granted subject to the following conditions:
(a) That the event or activity for which the permit is sought shall be held in a public place.
(b) That the event or activity for which the permit is sought shall be open to the public. There shall be no discrimination based on race, color, creed, national origin, or sex.
(c) Variances issued shall be subject to such reasonable conditions as the City Commission shall require, including, but not limited to, conditions:
(i) Limiting the days of the week for which the variance is valid.
(ii) Limiting the number of days for which the variance is valid.
(iii) Limiting the hours of the day, or days, for which the variance is valid.
Such conditions shall be noted on the variance issued to the applicant and noncompliance with any condition of the variance shall terminate the variance and subject the applicant, event or activity to the provisions of this Article. The variance shall not be valid unless all conditions thereof are agreed to by the applicant, or its duly authorized officer or agent, in writing.
(9) Any variance issued pursuant to this Section shall be kept at the site of the event or activity for which the variance was obtained. The variance shall be displayed, on request, to any law enforcement officer, Environmental Services Department employee or park patrol officer. The requirements of this subsection are hereby made express conditions of the granting of the variance and failure to comply with these conditions shall cause the variance to terminate as provided for in subsection (8).
(10) The City Commission, in granting or denying a variance pursuant to this Section, shall be an administrative body acting in a quasi-judicial capacity, subject to review as provided in Article 6, Section 28, of the Michigan Constitution of 1963.
(Ord. No. 2019-71, § 2, 11-19-19)
Source: City of Grand Rapids, Michigan, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/mi/grand_rapids/codes/code_of_ordinances?nodeId=TIOLRE_CH151NU_ART5NOCO_S9.69VAFetched: 11/7/2026