no, U'vi—u’vy—vvvwv - v w—w I-wvivvfi‘" lql I I ll lllllH Hill! 116 268 1THSF A ”WY 0? ZONlNG AND BURMNG ORDINANCES IN MAN AND FLORIDA MI Ear H10 Degas of I. 5. MICHIGAN HATE COLLEGE V. A. George Lo" 1949 .. 1 ,0.|...l . o. I.!I.J.6 II V. . ‘ - I ~. ‘I yl 3' v. .rvrfll f .... ‘.‘ I . n I t u‘ o.‘ .‘. .1J.v I A Survey of Zoning and Building Ordinances in Michigan and Florida A Thesis submitted to The Faculty of MICHIGAN STATE COLLEGE of AGRICULTURE AND APELIED bCIENCE by V. A. George Lott nun-33" Candidate for the Degree of Bachelor of Science June 19U9 Table of Contents Chagters EEEE I Description of Project 1 II History and General Discussion 8 III Definitions 13 8¥ éggmggused in zoning IV Use Districts 23 V Height and Area Regulations 30 VI Non-Conforming Uses 51 VII Administration of Zoning 53 VIII Comparison of Michigan and 55 Florida Zoning Ordinances IX Building Codes 57 List of Charts Chart 335% I Cities Included in burvey 2 II Summary of Results 7 III Height and Area Requirements 32 IV Reinforced Concrete Specifi- 61 cations V Wind Stresses 63 Chapter I Description of Project The information used in this paper was obtained from forty zoning and eleven building ordinances of cities in Florida and Michigan. Letters were written to all‘of the cities, having a population of 5000 or over in Michigan and Florida. These letters included a request for COpies of the zoning and building ordinances of each city. Fifty-seven percent or sixty—four of the letters were answered. As no reply whatsoever was received from the other forty-three percent, or forty-eight cities, it is not known whether they have zoning and building ordinances in effect. Thirty-six percent of the cities sent zoning ordinances and nine percent building ordinances. The following reasons were given for not including copies of these with the reply: No such ordinance for the city No copies available Ordinance being written Ordinance being revised Prohibitive charge Equally as much cOOperation was received from the Florida cities as from those in Michigan. In fact, the percentage of replies received from Blorida(59%) was higher than those received from Michigan(56%). The cities included in the survey and the results ob~ tained are given in Chart I. Buildin 0rd. Chart I City Pooulation Zoning Ordinance Michigan Adrian 1&230 Received Albion 8345 Received Alma 7202 Received Alpena 12808 Received Ann Arbor 29815 Received Battle Creek 43453 Prohibitive Charge Bay City E7956 No reply Benton Harbor16668 Berkley Birmingham Cadillac Charlotte Cheyboygan Goldwater Dearborn Detroit Dowagiac East Detroit East Lansing Ecorse Escanaba Ferndale Flint Grand Haven 6406 11196 9855 5544 5673 7343 63584 1623452 5007 858A 5839 13209 14830 22523 151543 8799 Copy not available Received No reply No reply No ordinance No reply Being written Received Prohibitive charge No reply Received Received No reply No reply Received No reply No reply Received Not mentioned in reply Not mentioned Not mentioned Received Not Mentioned No reply Copy not avail. Being revised No reply No reply No ordinance No reply Being written Being revised Prohibitive charge No reply Prohibitive charge Received No reply No reply Not mentioned No reply No reply City Grand Rapids 164292 Greenville Pooulation 5321 Grosse Pointe6179 Grosse Pointe Farms Grosse Pointe Park Hamtramck Hancock Hastings 7217 126h6 #9839 555” 5175 Highland Park50810 Hillsdale Holland Inkster Ionia Iron Mt. Ironwood Ishpeming Jackson Kalamazoo Kingsford Lansing Lapeer Lincoln Park Ludington Manistee Manistique 6381 1u616 7ouu 6392 11080 13369 9h91 #9656 54097 5771 78753 5365 15236 8701 8694 5309 Zoning Ordgnance Received No reply No Reply Received No reply Received No reply Being written Received Prohibitive charge Received No reply No reply Received No reply Received Received Received8 No reply Received No Reply No Reply Received No reply No reply Building 0rd. Not mentioned No reply No reply Not mentioned No reply No cOpy avail. No reply Being written COpy not avail. Plan to adopt Uniform Bldg.Code Received No reply No Reply Received No reply Not mentioned Not mentioned Copy not avail. No Reply Received No Reply No Reply Not mentioned No reply No Reply Qity Population Zoning Ordinance _g§uilding 0rd. Marquette 15928 Being written Being written Marshall 5253 Received Received Menominee 10230 Received Not mentioned Midland 10239 Received Being written Monroe 18u78 Received(pr0posed) Uniform Bldg.Code Mount Clemenslh389 Mount P1easant8413 Muslegon 47697 Muskegon Hts.l6047 Negaunee 6813 Niles 11328 Owosso lhuzb Petoskey 6019 Plymouth 5360 Pontiac 66626 Port Huron 32759 River Rouge 17008 Roseville 9023 Royal Oak 25087 Saginaw 8279a St. Clair Shoreslob05 St. Joseph 8963 Sault Ste.Marie158b7 Sturgis 721M Three Rivers 6716 Traverse CitylhhSS 5284 Trenton No reply Being revised Prohibitive charge No Reply R0 Reply Received Being written No ordinance Received No Reply Received No Reply No Reply Prohibitive charge Rnohibitive No reply No Reply No Reply No Reply No Reply No Reply Received No reply Received Pro. Charge No Reply No Reply Received No ordinance Not mentioned Being written No Reply Not mentioned No Reply No Reply Revising Not mentioned No Reply No Reply No Reply No Reply No Reply No Reply Not mentioned Chattahooche 7110 Clearwater 10136 Coral Gables 8298 Daytonna Beach22584 DeLand 7041 Ft. Lauderdale 17996 Ft. Myers 10604 Ft. Pierce 8040 Gainsville 13757 Hollywood 6239 Jacksonville 173065 Key West 12927 Lake City 5386 Lakeland 22068 Lake Wales 5024 Lake Worth 7408 Marianna 5079 Miami 172172 Ocala 8986 Orlando 36736 Palatka 7140 No COpy available Received Received No Reply No c0py available Received No Reply No copy available No ordinance No Reply Received No Reply No Reply No ordinance No Reply -Received No Reply Received No COpy available Received No ordinance City Population Zoning Ordinance Building Ord. Wyandotte 30618 Being written Copynot avail. Ypsalanti 12121 No Reply No Reply Florida Bartow 6158 No Reply No Reply Bradenton 7444 No COpy available No 00py avail. No copy avail. S.Bldg.Code Not mentioned No Reply No cOpy avail. Not mentioned No Reply S.B1dg.Code COpy not avail. No Reply Received No Reply No Reply B.B1dg.Code No Reply Uniform jldg.Code No Reply Being written No copy avail. Prohibitive charge No cooy avail. City POpulation Panama City 11610 Pensacola 37479 Plant City 7491 St. Augustine12090 Bt. Petersburg60812 Sanford 10217 Sarasota 11141 Tallahasee 16240 Tampa 10391 W.Palm Beach 33693 Winter Haven 6199 Zoning Ordinance No Reply No Reply No Reply Received Received Received No Reply No Reply Being revised No Reply Received Buildinngrd. No Reply No Reply No Reply Not mentioned B.Bldg.Code Being written No Reply No Reply Being revised No Reply B.Bldg.Code These results may be summarized as follows: Chart II Reply Mich. Florida Total Zoning Ordinances Received 29 ll 40 No zoning ordinance for the city 2 3 5 No cOpies available 1 5 6 Ordinance being written 5 0 5 Ordinance being revised 1 l 2 Prohibitive Charge 6 0 6 No Reply 34 14 48 Building Ordinances Ordinances Received 9 1 10 No building ordinance for the city 2 0 2 No copies available 5 6 11 Ordinance being written 5 2 Ordinance being revised 3 1 Prohibitive Charge 3 1 Building Ord. Not Mentioned in Reply 15 3 18 Uniform Building Code Used 2 l 3 Southern Standards Building Caded 0 5 5 se No Reply 34 14 48 Chapter II History and General Discussion The first zoning in the United states occurred in New York City when a study ras made by the Commission on Heights of Buildings. This commission was appointed by the Board of Estimate and Apportionment to find what effect skyscrap- ers had on the safety and health of the community and to suggest regulations, which could be adopted legally to correct the faults found. Up to this time, a building, in any part of the city, could be of any height, cover the entire lot and maintain the lot size for the entire height. This darkened streets and other buildings. The commission reported that different regulations should be established for heighth, area and use according to the various needs of the district. From this report, a bill was prepared by the commission and presented to the state legislature. This bill was passed, amending the city charter. This resolution was then passed by the Board of Estimate and Apportionment on July 25, 1916. This subject Tas called "districting" for several years, but soon was called zoning. Its use has spread rapidly throughout the United States so that a majority of the large cities in the country now use this method of controlling the types and use of buildings in their community. The imaortance of zoning is beginning to be more and more realized and many places that do not already nave zoning lags are attempting to introduce them into their ordinances. This was evidenced in this survey by the number of cities that “aid they did not have zoning laws at the pr sent but were attempting to formulate them. Further evidence of the fact tdat many cities are in- terested in this problem, is the meeting of the Southern Michigan Publics Works Forum on March 44, 1949, at which the tooic of discussion was zoning. This group is made up of City Managers, City Engineers and other city officials who meet once a month to discuss Qroblems of municipal admini- (D t (:0 stration. I nad the privilege of attending this a sting which zoning was discuSsed and at which many of the points in the following pages of this chapter were brought up. Zoning and city planning can hardly be considered separately. Technically they are different but prOper zon- ing is difficult to enact without the ground work which is laid by city planning. Many cities have set Up a city plan- ning commission which takes the time to plan the future growth of the city. They must take into consideration many things which might not be considered if a zoning ordinance was put through without it. Most zoning plans of today have one great fallacy. That of protecting the residence from the industry but not pro- tecting the industry from the residence. The residents can and do move into industrial zones and squeeze the industry out or make it hard for them to expand. It must be remem- bered that the city cannot exist if the pOpulation is not able to earn a living. Therefore, there must be sufficient space allowed for industry to survive and expand. The ex- ceptions to this case are the sxburbs of a larger city. 10 Some of these are residential districts only and the popu— lation earns their living in the large r cities. D Th. place where industry is to be located should also ( be 'ven careful thought. It should have easy accessibil- U12 [,4 ity to transportation. They should be close enough to the main trunk lines and railroads and should be located so that the heavy trucking will nOt go through the main part of town. It must alvays be remembered that the industry should be given every considervtion that is r-asonable because without it, the community cannot prosper. Another thing that should be brought to mind in deciding the location for industry is what direction the wind blows. For example, does the wind generally come from the East? If so, locate your industry on the west side so that the smoke and other disagreeable disturbances do not blow over the city. The water supply and the size of the sewerage system should also be considered. It would be a great mis— take to zone a district industrial which could not take care of the water demand or where the wastes could not be taken care of. Industry needs these services and the city should try to take care of them. The residential and commercial zones should also be carefully placed, of course, to bring beauty and business enterprise to the city but these things are not emphasized as much in my discussion as they are a little more obvious and are usually the first things considered. An example of the problems which might be met along this line is "spot zoning". This is the practice of placing a small business 11 zone in the midst of residential zones or a small industrial area in the midst of stores. A neighborhood store may be desirable, but care must be taken in allowing these. They ‘ rnaps lessen (.0 may produce undesirable parking problems and p the disirability of the surronding prOperty from the stand— point of beauty. bpot zoning is often brought about be special intere ts who wish to build a place of business in a residential area and are able to influence the writing or amending of the zoning laws. Main streets also present a zoning problem. home cities think that the main street should be zoned business from one end to the other. In many cases this is not advisable as it may make the street a hodge-podge affair; a store, a house, a store and so forth the whole length of the street. These are just a few of the things which a planning commission must decide but there are many other very important things. After the major plan has been laid out, the zoning ordinance itself must be started on. for the best ordinance, there should be city wide participation. The board set up for study and preparation of the ordinance should not be in politics so that there will not be pressure brought to bear on them. The welfare of the town and its citizens should be considered above all special interests. The writing of the ordinance is very important but without a zoning map, it is useless. There shoulf be two maps, one showing the use zones and another showing height, area, and setback restrictions. Very few cities have this second map but it is very useful and desirable. 12 13 Chapter III Definitions At the beginning of all zoning ordinances, there is a statement of its purpose. It could be called a definition of a zoning ordinance. It has been found that this defi- nition varies slightly between the cities of this survey, but they all follow the same general pattern. In general the ordinance includes the following: 1. The regulation and restriction of the location of trades and industries and the location of buildings designed for specific uses. 2. The regulation and limitation of the height and bulk of buildings. 3. The regulation and determination of the area of yards, courts, and other Open spaces. h. The regulation of the density of population. 5. For the above purposes, to divide the city into districts. 6. To provide a method of administra— tion. 7. To prescribe the penalties for the violation of its provisions. A few exceptions were noted in these statements of purpose, such as the City of Ishpeming, Michigan. They 1h included in theirs, the regulation of automobile parking. Iron, Michigan included the phrase "--to establish regu- lations for the light and ventilation of such buildings". A few smaller cities did not include all seven steps in the definition of their zoning ordinance. Adrian, Michigan is one of these. They define their ordinance as "An ordi- nance to provide for the comprehensive zoning of the City of Adrian and to establish districts or zones within which the use of land and structures is regulated. Whereas, the City Commission of the City of Adrian deems it necessary in the interest of the public health, safety and general welfare, to provide for the zoning or districting of the City." One of the better definitions can be found in the zoning ordinance of East Lansing, Michigan. This defini— tion reads, "An ordinance to promote the health, safety, and welfare of the peoole by regulating and restricting the location of trades and industries, and the use and lo- cation of buildings designed for specific uses, to regulate and limit the use, height and bulk of buildings hereafter erected or altered, to regulate and determine the use and areas of yards, courts, and other open spaces surrounding buildings, to regulate and limit the density of population, and for said purposes to divide the city into districts and prescribe for the violation of its provisions. In the book “Zoning“ by Edward M. Bassett, the author defines zoning as “-—the regulation by districts under the police power of the height, bulk, and use of buildings, 15 the use of land, and the density of population”. The first article in the majority of zoning ordinances contains definitions of terms. This helps to prevent break- ing down of the ordinance through loop-holes in the wording. An example of this is the fact that basement and cellar,as defined, have different meanings. Of the zoning ordinances received in this survey from both Michigan and Florida, only one ordinance failed to have a section on definitions. This city is Ferndale, Michigan. The City of Lake Worth, Florida had the definition of a set- back only. Adrian, Michigan nad a very limited set of mean- ings. Fort Lauderdale, Florida had their definitions spread through the ordinance,but they were complete. One very important phrase included in nearly all of these ordinances had to do with the singular and the plural of words. This phrase also took into account the possibility of double meanings. One such phrase taken from the zoning ordinance of Holland, Michigan states the following: “Words used in the present tense include the future, the singular, the plural, and the plural and singular; the word "building" includes the word ”structure"; the word "lot" includes the word "plot“.” A phrase of this sort would protect the zoning from people who would like to construe the meaning to suit them- selves. The following is a fairly complete set of definitions which were contained in the different ordinances of this survey. They are a very vital part of the zoning ordinance and they put more limitations on the ordinance than if the interpretation of the terms was left up to a dictionary. As an example of how similar the definitions from different cities were, the meaning of ”accessory buildings“ is quoted. The exact wording was used in the ordinances from Albion, Alma, Alpena, Ann Arbor, East Lansing, Grand Rapids, Holland, Ishpeming, Kalamazoo and Menominee, Michi- gan and Clearwater, Florida. ”Accessory Building--A subordi- nate building or portion of main building, the use of which is incidential to that of the main building“. In a very few cases, the words as defined by two diff- erent cities had different meanings. The word "alley"is an example of this. Alley: "-—shall mean any public or private way not a street as herein defined."--hidland, Michigan Alley: “A public thoroughfare not more than twenty feet wide.”—--Niles, Michigan The remainder of the definitions given here were selec- ted at random from the various ordinances and include most of the terms used. Alterations: "Any change, addition or modification in con- struction or grade of occupancy; any cnange in the structural members of a building, such as walls or partitions, col- umns, beams or girders.'---Iron Mountain, Michigan Apartment House: ”A building which is used or intended to be used as a home or residence for three or more families living in separate apartments---Coral Gables, Fla. Basement: A lower story or room located partly below the 17 adjacent ground surface, having its total volume fifty per cent, or more, above the average height of the ground sur- face adjacent to its enclosing exterior walls, and with not less than six feet, six inches average height between the floor and the ceiling or any projections below the ceiling."---iast Lansing, Michigan Bill boards: "A structure erected and/or used partly or wholly for aFvertising."--—Clearwater, Fla. Boarding House: "A building other than a hotel, where lodg- ing and meals for five or more persons are served for com- pensation.“---Grand Rapids, Mich. Building:"A structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels; and when s-parated by division walls from the ground up, and without openings, each portions of such buildings shall be deemed a separate building."---Ann Arbor, Mich. Cellar: ”Is the lowest story or room located wholly or in part below the adjacent ground surface and used only for storage or the installation of utilities.“---East Lansing,Mich. Court, outer: ”An unOCCUpied space, Oren from the ground to the sky, on the same lot with a building, oaening on one or more sides upon a street, alley or yard."---Marshall, Mich. Court, inner: “An Open, unoccupied space surrounded on all sides by walls, or be walls and a lot line."—-Jackson, Mich. Court, length of outer: "The mean horizontal distance be- tween the Open and closed ends of the court."--Grand Raging Mich. 18 Curb level: "The mean level of the established curb in front of the building. Where no curb has been established, the city engineer shall establish such curb level for the purpose of these regulations."---Ann Arbor, Mich. Church: "A temple or building used primarily for religious worship but the word "church" shall not mean an undertakers' chapel or funeral building."---East Lansing, Mich. Dwelling House or single family residence: ”A private resi- dence building used or intended to be used as a home or residence in which all living rooms are accessible to each other from withing the building, and in which the use and management of all sleeping quarters, all appliances for cook- ing, ventilating, heating or lighting are under one centrol, designed for the use of one family only."---Coral Gables,Fla. Dwellings: “ a. One family: “A detached building designed for or occupied by one family. b. Two family: "A detached or semi-detached building designed for or occupied by two families. 0. Multiple: " A building or portion thereof designed for or occupied by more than two families living independently of each other, including tenement houses, apartment houses, and apartment hotels."---Menominee, Mich. Erected: The word “erected includes built, constructed, reconstructed, moved upon, or any physical Operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of erec- tion."——-East Lansing, Mich. Family: “Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises."---Winter Haven, Fla. First floor: "The floor of a building approximately at, or first above the mean level of the ground of the front of the building."--- Ishpeming, Mich. Garage, prevate: "A garage used for storage of passenger vehicles only and having a capacity of not more than one auto per family housed in the building to which such garage is accessory, whichever is the greater."---Albion, Mich. Garage,public: "Any building or premises used for housing or care of more than three motor driven vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire, or sale.“---Ann Arbor, Mich. Home occupation: ”An occupation for gain or support con- ducted only by members of a family residing on the premises, provided that no special space is designed or arranged for such occupation, and provided that no article is sold or offered for sale exce;t such as may be produced by members of the immediate family residing on the premises.“ East Lansing, Mich. Hotel: "A building occupied as the more or less temporary abode of individuals who are lodged with or without meals, and in which there are more than ten sleeping rooms, usually occupied singly, and no provision is made for cooking in any individual room or apartment."---Clearwater, Fla. Lodging house: 'Abuilding, other than a hotel, where lodging for five or more persons is provided for compensation."-Alpena 20 Lot: "A "lot" is any lot or plot occupied or intended to be occupied by one building or one unit group buildings and its accessory buildings and uses and including such open spaces as are provided or as are required by this chapter. Whereever the description of a lot is filed with the Super- visor or Building, as provided in Section 15, a "lot" shall be the lot so fescribed, and in the case of a corner lot, the owner may elect to call either street line the front of the lot without reference to the building arrangement."---- Jacksonville, Fla. Lot corner: "A parcel of land under common ownership not more than fifty feet wide at the intersection of two or more streets, intersecting at an angle not exceeding one hundred and thirty- five degrees.“---Grand hapids, Mich. Lot(interior): “A lot other than a corner lot."--Orlando,Fla. Lot lines: “Lines bounding a lot as herein defined."--- Marshall, Mich. Lotfthrough): “An interior lot having frontage on two par- allel or approximately parallel streets.“---Urlando,Fla. Nuisance: “The word "nuisance" shall be held to embrace public nuisance as shown at common law or in equity juris- prudence; and whatever is dangerous to human life or detri- mental to health; and any dwelling which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned, or lighted, in refer- ence to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also sever- ally, in contemplation of this ordinance, nuisances and all such nuisances are hereby declared illegal."East Lansing,Mich. Non-conforming use: "Non—conforming use" shall mean a building, structure or premises lawfully occupied at the time of the enactment of this ordinance by a use that does not conform with the provisions of this ordinance for the district in which it is located."---Midland, Mich. Place: "An open unoccupied space not less than thirty feet wide permanently reserved for purposes of access to abutting property.“---Orlando, Fla. Public Utility: "Any person, firm corporation, municipal department or board duly authorized to furnish and furnished, under regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, drainage or water."--- Berkley, Mich. Set-back: ”The minimum horizontal distance between the street line and the front line or side line of the building includ- ing terraces or any covered projection thereof, excluding steps."---Coral Gables, Fla. Story: "That portion of a building included between the sur- face of any floor and the surface of the floor next above it, or if there be no floor above, then the space between such floor and the ceiling next above it.”--—Iron Mountain, Mich. Street: "A public thoroughfare not less than thirty feet Wide."---Jacksonville, Fla. IYard: "--is a portion of the same lot or building site upon Ta’hich a building is situated which remains been and unoccupied 63ccept as provided in section 1h of this ordinance.¢fianford,£la. 22 Yard(front): "A front yard is an open space extending the full width of a lot and of a uniform de;th measured hori- zontally at rignt angles to the front lot line, and unoccu- pied from the ground upward except as hereinafter speci- fied."---Village of Froase Pointe Farms, Mich. Yard(rear): “A yard extending across the full width of t.e lot between the rear lot line and the ne rest line of the main building."-—-dighland Park, Rich. Yard(side):”--is a yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building."---Trenton, Mich. 23 Chapter IV Use Districts The zoning regulations are usually set up by districts. There are three divisions usually considered and these are subdivided into smaller districts. The three big divisions are Residential, Business, and Industrial. The Residential district is divided into the number of families allowed per building; Business into the type and size; and the In- dustrial is divided into light and heavy. A general out- line follows: Residential Une family dwellings Two family dwellings Multiple dwellings Business Limited or neighborhood Central district Industrial» Light Heavy Some cities break these down farther, but the majority follow the general pattern shown above. Une of the out- standing additions to this form is the parking districts. The parking problem is beginning to be taken into considerat- ion intzoning. Most zoning ordinances do require industrial districts to provide for adequate parking but few set up specific districts outside of this area. One of the other districts,included in some ordinances, is agriculture. In this survey, the cities which included a provision for agriculture, were Albion, Mich. and 5t. 2h Petersburg, Florida. It must be pointed out that the Residence districts do allow more than Just residences built in them. Also, in the business districts, not all businesses are allowed. There are two methods used in zoning; the exclusive and the inclusive method of restriction. The exclusive method excludes the uses not wanted by naming the unwanted used. The in- clusive method includes all the uses permitted. In general the inclusive method is used in the residential districts; both in the business districts and the exclusive method only, in industrial districts. The following is a check off list compiled from the zoning ordinances of this survey. This is a fairly complete list. It would be up to the individual community to include or exclude as the case might be for their own local needs. Residence Zones One family One family Churches Schools Libraries Hospitals Museums Home occupations Two family Uses permitted in one family Two family dwellings Automobile storage Dancing, music and trade schools Professional office (one person) Multiple Uses permitted in two family Multiple family dwellings Medical or dental offices Hotels, lodging houses, rooming or boarding houses. 25 Private clubs, lodges, fraternities Institutions other than correctional or penal Publicly owned buildings, public utility buildings Private garages Apartments Business Zone All buildings and premises may be used for purposes permitted in multiple dwelling district or for any other use, except the following : Animal hospital or boarding Auto sales or service Bakery (employing more than 5 persons) Blacksmith or horseshoeing Battling works Bowling alley Building material storage Carting, express, hauling or storage yard Contractor's plant or storage yard Coal, coke or wood yard Cooperage works Dyeing and cleaning works,etc. (employing more than 5 persons) Ice plant or storage house of more than 8 tons capacity Junk business or storage yard Laundry(employing more than 5 persons) Livery stable or private stable Lumber yard Machine shop Milk distributing station Planing mill Poultry killing or dressing except as in- cidental to a retail grocery or meat market. Printing shop Stone yard or monumental works Storage warehouse Tourist camp or trailer camp Truck terminal Hny kind of manufacture or treatment other than that incidental to retail business conducted on the premises; provided that the latter are not unsightly, noisy or odorus. All uses excluded in the industrial district. Industria; Zone Some cities use the inclusive uses method on 26 this part but their list is much longer. It may be pointed out that the inclusive method is much safer. This is because anything not listed is banned. There- fore, there is no chance of sebm'unforseen thing coming up. It is impossible to stop somebody from putting an objectionable use in a district if you haven't banned it because of an oversight. However in the inclusive method you can let some use not mentioned come in by action of the zoning board. The following list includes things which are often banned. Absttoirs Acetylene gas manufacture or storage Acid manufacturers Alcohol manufacture Ammonia, bleaching powder or chlorine manufacture Arsenal Asphalt manufacture or refining Auto wrecking unless enclosed by a solid fence 6 feet in height. Blast furnace Boiler works Brick, tile or terra cotta manufacture Burlap manufacture Bag cleaning Candle manufacture Carpet or bag cleaning by beating or blowing Celluloid manufacture Cement, lime, gypsum or plaster of paris manufacture Coke ovens Coal tar products manufacture Crematory Cotton gin Cotton oil manufacture Creosote treatment of manufacture Disinfectants Distillation of bones, coal or wood Dyestuff manufacture Exterminator and insect poison manufacture Emery cloth and sand paper manufacture Explosives and manufacture or storage Fat rendering Fertilizer manufacture and bone grinding 2? Fireworks or explosive manufacture or storage Fish smoking and curing Flypaper manufacture Foundry using coal or coal products Forge plant Garbage, offal, or dead animal reduction or dumping Gas "illuminating or heating" manufacture or storage Glass manufacture Glue, size or gelatine manufacture or storage Incineration or reduction of garbage, dead animals, offal or refuse Iron or steel fabrication Iron, steel, brass, or cOpper foundry Junk, iron or rags storage or baling, unless enclosed by a solid fence 6 ft. in height Lamp black manufacture hatch manufacture Oil cloth or linoleum manufacture Oiled or rubber goods manufacture Ore reduction Paint, oil, shellac, turpentine, or varnish manufacture Paper and pulp manufacture Petroleum products. Refining or wholesale storage of petroleum Plating works Potash works Printing ink manufacture Pyroxlin manufacture Railroad yard Rock crusher Rolling mill Round house Rubber or gutta percha manufacture or treatment Salt works Sauer kraut manufacture Sausage manufacture Shoe blacking manufacture Smelters or smilting of tin, cOpper, zinc, or iron ores Soap manufacture Soda or compound manufacture Starch works Stock yard or slaughter of animals Stone mill or quarry Storage of,baling of scrap paper, except where connected with a paper mill, iron, bottle rag: or Junk. Stove polish manufacture Sulphuric, nitric or hydrochloric acid manufacture 28 Tallow, grease or lard manufacture or refin- ing from animal fat, except in connection with the ordinary Operation of a retail meat market Tanning, curing or storage of rawhides or skins Tar distillation or manufacture Tar roofing or water roofing manufacture Tobacco (chewing) manufacture or treatment Vinegar manufacture Wool pulling or scouring Yeast plant Public gasoline, oil, or motor fuel filling station unless approved by property owners. The amount of property to be included in each zone is something which must be decided by the individual city. If the city is primarily residential,as is the case in many suburban communities, a large part of the land will of course be zoned residential. However, if industry plays a leading role in the city's welfare, the industrial zone will be large. The same principle may also be applied to business zones. The accompanying graph is an example of how this prob- lem, of the percentage of city land to be included in each zone, may be presented diagramatically. Use Districts City of Miami, Fla. 29 30 Chapter V Height and Area Regulations Zoning is used to keep the city beautiful and one thing that adds to the beauty of a residential district is the large front lawns. To accomplish this, a setback regulation is entered into zoning. Many cities have old sections with old homes ehich have eatremely large front yards. These districts are usually very beautiful. The main reason they are is because of the large setback they have and the oppor- tunity to do some beautiful landscaping. One such city is Saginaw. The setback should be uniform to get the maximum effect. It always seems to be the worst house that has the least setback. The side yard requirements are also very important for beauty, but the outstanding reason for sideyards is to ob- tain light and ventilation. The tendency now is to make the frontage requirements larger and at the same time increase the side yard. Many of the larger cities, such as Detroit, have the lots broken down so that the width of the lot is only forty feet. Where the value of land is high in price, this is the practice, but it makes the sideyards small. Another great disadvantage of having buildings built so close is that the occupants do not have enough privacy. It is not uncommon to have the windows of two houses line up so that the shades must be pulled shut most of the time. The back yard requirements are also important for the occupants. It gives them a place to build their garages 31 and a place to perform household duties. It also keeps the buildings from being backed one against the other. Many communities have alleys which give the people a place to put their garbage and trash cans. By having backyard requirements, it also keeps the buildings in a more uni- form position. The height requirements are necessary to keep the different districts well lighted. In the residential dis- trict if a four story building was built next to a nice residence, it would cut off light, ventilation and the view. If there weren't a height regulation, there would be some- one who would want to build a building twice as high as the neighboring buildings. This would break the beautiful lines of the district. Nearly every city of this survey has these restrictions, and they are all very similar. Only two cities did not have these regulations. It can be seen from the requirements Just what type of district it is. For example, in a high type, residential district, the setback and side yard requirements are greater than usual. The following chart shows the requirements of the cities of this survey. 32 III III III III OH III hypmSUCH hbmmm IIII III: mooz oH om sapmseoa onwas IIII _III III OH om It HmeLmEBOU bassooxomma assaaaa ooom om . m mm m: o = maaapasa aaaaao\ooom om n mm mm amaaaaao can a moo mammam HoaapmaooH msoapOHApmoa oz Hmdoamsaoo III mm IIIII IIIIII IIIII mesmodmom mafia HddhpmSch hbmmm sum mcoapOHaPmoa oz Haaspmsooa woman sun .poaapmau amendmsp same ca ha mQOHpOanmoa oz mmmcdwsm .soam Hmdpcoodmma ca mmocamsn cocoa ma HIn mm 09mm HIm oomm om oa om mm «a oooooaoom Hum coanaa HoaspmoocH mcoapOHApmma oz HmHOAmssoo oocmodmom ceaaoa .pa .om .pa .pa .pa .ps moaaopo I'll, saga poo one» noose one soda same same season . podspmao J‘ 33 ampmscsH .msoapoaapmmm 03 m mmocamsm III om m mm m .mmmI oIoIm III mm m II mm N .momIHImIIa III mm m II II N .mmmIHI4 III mm m III mm mm madame mameam HI< oHpHpHoa.zIm ooms om m.oH Hepoa..m om mm am aaaass N.NIm ooo: om o.oa Hapoe..m om mm mm aaasao H.HIm spam oosasmam II II II II om .aoz massages II II II II om .mes pnmanuz II II II II om HaaososSOoIIo II II II II om mmooamom.mIm poaspmao Heapeooamoa .moa aaImm III madam“ moods: mcoz II II .mln deom mmocdmsm .HIm ooms ma m mm oaooass> oHoHpH::.zIm oom: ma o.oa Hosea..m om mm «m aaassa m.mIm ooos ma m.oa Hapoa..m om mm mm eases“ H.HIm McEmApamm II II II II om N HmHOAmEEoc- II II II II on m .msm Hooou oooom mN : ma mm MN occupdmom msamm opcfiom ammoaw III III III III NH oma HmaapmeooH A.pcoovmoammm ccwaw opfiodrfl aura .Prm 09.2% cum mvdeOpmu mend uoq one» pcoam was» moan camw ammm pzwamm pedapmaa 37 ooma mN mos mN mm eN»HHEIo Noa.<.eem McaeoQSmH = II II II no II HeaapeooeH »e»»e oo ma o» a II II »mHHm ma osoz om II Hmaoaosaom Hmso Hmcoapdoom nomuI: «paooe seem oom eoHaOpe mIoN eaaapaoa »»aseo posse ooom oN o eoasope NIm» no a m .eem ooon oN o oN mm MN »Haaeo N e a a .oox mmwpczoz coaH »»aseo\nNo II II o» om IwW HeaspeooeHIo »»aseo\omNH II II mN om em HomoeossooIo »Haaeo\oomN mN m mN m: m oaeapasa . momlm ooom mN m mN on «N cameam . moMId. oeeaaom II II II II om II.oeH »>eomImz II II II II om II.oeH pomanqz II II II II om HmaOAvSEOD 0 II II II II oo» II eeooaesm am A.peoooasem oceaoaam .pa.am II .pe .ps ems .pa moanopm eeao pom one» peoea ope» node one» seem powwow poaapean 38 me o H »»aaeo\oooN II ma me n m.oeoooH.Hom II II II oNH I eeeeaeeo o »Haaeo\oooN oN mN mm aN Heaosoasoo a »»aseo\oooa oN oN oo a some o.pa< m »Haaea\oooa oN mN no m oasapaoe as »Haaeo\omo oN mN om MN eooospaeaeIo »»Haeo\oooN oN o seep emu» mm mm Mm hademm “.0 ooooIm ooomIe mN m seep ewe» poz mNIm omIe mm »»aseo H.mo< Mcamcwq II II .dN OON oocmwammm Q ooo oH NH mm o ooeeoaeem o omN» oN m» m: m ooeooaeom m com: 0N m NH mm mw cosmodmmm a somxomh = II m ooH Heaspeooo» = II II mm m Hm»09meaoo .paooe noee\mam» a .seo N omam oaoapHoe .aeo a ooma oN mN mm m.eem A.p:oov MCHEmQSmH .pe .oo .pa .pe .pa ooHaOpm moa< poq one» psoam Ohm» mUHm was» poem poahpmdn 39 ooNa mN a» Hepos..m poa no moN II II oooeoaoom occasocoa II II II II om o a II mN m mN mm o o »»Haeo\omN» mN m mN me n m »Hdaeo\oomN ooom mN m mN mm eN o HHwflwQQE II II II II om oaeasooooeHeaIs II II II II on m maeoeaosz.mIo II II II opdoo so mos , on m eeoeaeom.NIo III mN II mN mm oN eeoeaesm.HIo »Haaeo\oonN .aeeo on cameo oooo .asop mN o» «N mm oN aeaaesa.mmIm »Hasea\oonN oooo mN oH mN mm aN oaoapase.omIm oooo mN oH om mm «N .sea oea.mNIm oooa mN o» mN mm. oN »»Hseo »..w waspwk Nw mm to HIHW muou.m..a.No. mo mooo NMNM mdou.Ho..e.Nm. moe.m NW on In oIoe mooe.o..e.zm. 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As they were there before the ordinance was put into effect, it woulfi be illegal to force them out of the zone. This is recog- nized by the people setting up the zoning law ; therefore, there is a section on non-conforming uses. The non-conforming use clauses do not allow a building which doesn't come up to the zoning regulations to enlarge or physically change except for necessary maintenance or repair. In the event the building is damaged by fire, ex- plosion or acts of God, it can be repaired if the damage is not over a certain percentage of the assessed valuation. This is usually around fifty or sixty percent. In the case of a building being worn out by wear and tear, deterioration or depreciation, it may be repaired if the repairs are not over a certain percentage. (Usually this is less than fifty percent.) Another limitation put on non-conforming buildings is that they are prohibited from changing from one hon-conforming use to another one which is Just as objectionable or more so. If a change is made, it has to be one that comes closer to the requirements of the ordinance. The purpose of these regulations is to eventually squeezv the non-conforming uses out of the zones which they are in. It Would be against the law and could be declared illegal if the attempt was made to force them out. In fact, any cuilding under construction or for which a permit has been issued before the zoning ordinance was put into effect, can be built. There was a case in East Lansing where a building was to be built in a zone in wnich it was allowed by the zoning ordinance in effect. A new zoning ordinance was about to be enacted. By the time the building permit was issued, the new zoning ordinance was in effect. The zone affecting this proposed building was changed outlawing it; therefore the permit was not issued. The case was taken into court and the court ordered the building permit issued because it was shown that the lot was purchased and the intent to build such a building was declared before the zoning ordi- nance was effective. Non-conforming uses are included, therefore to attempt to eventually bring all the buildings under the control of the new zoning law. It would of course be unreasonable to demand immediate change of the existing buildings to conform with the newly enacted law. However, by including such non-conforming clauses, the buildings of a particular zone should eventually all conform to the regulations. 53 Chapter VII Administration without administration or a penalty clause in the ordinance, the zoning regulations would be worthless. Such a situation would be comparable to criminal laws with no police. Therefore, all zoning laws have a method set up by which they can be administered. The right in Michigan to establish zoning is given to the municipalities by The Zoning Enabling Act of Michigan, Act 207 of the Public Acts of 1921 as amended by Act 306, Public Acts of lOHl. These acts sep up the mehod in which the cities may administer the zoning laws. The act states that the cities can set up a Board of Appeals, which acts upon all questions arising under a zoning ordinance. The board may consist of the five mem- bers appointed by the legislative body of the village or city, each member being appointed for a three year term. It shall take four members of the board to reverse any order, requirement, decision or determination of any admini- strative official. The zoning ordinances state that it shall be enforced by the Building InSpector or some official appointed by a City Planning Commission and that he shall not issue any building permits unless the terms of the ordinance are complied with. When the build ng is completed, he shall check to see again if the building meets the requirements of the zoning law and if not, he shall not issue a certifi- 54 cate of occupancy. If a person feels he is aggrieved by the ordinance, he may take the matter up with the Board of Appeals. A meeting may be called with a proper notice of a public hearing. The board will decide the application or appeal it within a reasonable time. Any violation of the ordinances will make the violator guilty of a misdemeanor and if convicted by a court he shall be liable to a fine or shall be punished by imprisonment. 55 Chapter VIII Comparison of Michigan and Florida Zoning Ordinances The zoning ordinances of Michigan and Florida were found to be surprisingly similar. Even though the states are far removed geographically and have different modes of living and different business enterprises, the zoning regulations seemed to follow the same general pattern. Only two things stood out as being somewhat different in the two states. The first of these was the problem of racial segregation which is more prevalent in the south. The segregation of races by districts is not legally in the field of zoning. The United btates supreme Court has uni- formly declared such discrimination to be contrary to the fourteenth Amendment of the bederal Constitution. However, a method used to accomplish this is to exclude the white race from the colored district and the colored race from the white district. If is interesting to note that the City of Lake Worth, blorida has such a clause. From Article X, page 17 of the zoning ordinance of the city of Lake Worth, Florida: Article X Negro bection---H District “Section 1. Primary use. In this district no residence shall be occupied by white families and white persons are hereby prohibited from establishing a place of business within the territorial limits of this district. No negro shall make his residence in any other section of the city." The zoning ordinance of eanford, florida also has race segregation in its provisions. In Section 10 it states: "In R-lAA,R-l and R-Z dwelling districts, no building or part thereof shall be occupied or used by a person or persons of the negro race:--“ Section 11 of the same ordinance states the same for 3-3, R-h, and R-5 dwelling districts. The other difference noted was the fact that Florida made more special provisions for hotels and other commer- cial residences and zoned more property for this use. As the tourist trade is Florida's main occupation, this might be excepted. 57 Chapter IX Building Codes The definition of a building ordinance is similar to that of zoning only in that it also regulates construction of buildings. From the Building Code Ordinance of Marshall, Michigan, we have a typical definition. "An ordinance to promote the health, safety, and welfare of the inhabitants of the City of Mar- shall by regulating the light, ventilation, sani- tation, fire protection, construction, main- tenance, alteration, improvement, and moving of dwellings, buildings and structures; to establish the office of Building Inspector; to establish administrative requirements, and to establish remedies and fix penalties for the violation thereof.“ The tendency recently has been to adOpt Building Codes which have been set up by boards and conferences. Some of these are the “Uniform Building Code" set up by the West Coast Building Officials Conference; the "National Building Code", recommended by the National Board of Fire Under- writers and the "Southern Standard Building Code, used by many cities in the South. These codes have been adopted in entirety or in some case partially. For example, Lake Worth, Florida adopted the Uniform Building Code but added a supplement which makes small changes. Some small towns adopt the F.H.A. building requirements, but this does not 58 cover the needs of a large city. The Uniform Building Code is used by five hundred cities in thirty-eight states. It is probably the most pOpular of the standard building codes put out. One of the main failures in building codes is their non-uniformity. Through this code there has been an attempt to standardize building codes. The value of this plan can best be brought out by the preface of the Uniform Building Code. “The Uniform Building Code is dedicated to the deveIOpment of better building construction and greater safety to public, through the elimination of needless red tape, favoritism and local politics by uniformity in building laws; to the granting of full Justice to all building materials on the fair basis of the true merits of each material; and to the development of a sound ecomonic basis for the future growth of cities through unbiased and equit- able dealing with structural design and fire hazards." It is the hope of many peOple to standardize the building codes, thereby harmonizing code policies among adjacent communities. The main non-uniformity occurs in the small housing field. Itcan be seen that Northern cities must provide for snow loads not met with in the South, and that areas sub— Ject to hurricanes, tornadoes, or earthquakes must provide for their individual hazards. Also, large cities have a much greater fire and health problem than small cities. These things are seen as local problems, but the allow- 59 able working stress in concrete should not vary from five hundred to one thousand pounds per square inch or the live load for dwellings from twenty-five to eighty pounds per square foot. This argument gives sup;ort to unified building codes. A committee is to be formed in the near future to set up a uniform building code for the middle west and it is the belief from the conclusions of this paper that this project should be given all the support possible and the adoption of this code should be wide in the middle west. The completeness of building codes seems to correspond with the size of the cities. The larger the city, the more complete the code. In order to protect the city, the code tells how structures will be built. This excludes all new deveIOpments until they can be adOpted by the city in its dode. This sometimes means a lot of red tape and time before the new deveIOpments can be used.. The scOpe of this paper does not permit the full discussion of the engineering principles used in these codes, because they are very lengthy and complete. An attempt will be made to compare some of the engineering design of buildings used in these codes. It is interesting to note that the majority of cities use the ACI specifications for the design of reinforced concrete. A few cities such as Iron Mountain and Adrian rely upon such statements as "present method“ and “accepted good practice“ for the design of reinforced concrete.‘ This seems a bit risky, but it would probably revert back to the ACI Specifications. East Lansing, Michigan does not state what design formulas are to be used, but does state the principles to be employed. East Lansing is a conservative city and it is hard to understand why they assume the following: "The bond between the concrete and the metal reinforcement re- mains unbroken through out the range of working stresses.“ This is not an accepted theory. The Uniform Building Code doesn't refer to the ACI specifications, but the formulas used are the same. The National Building Code refers directly to the ACI speci- fications. The city of Lansing, Michigan, up until March 25, 19h0 used the old elastic theory for the design of rein- forced concrete. Since then they have adopted the ACI specifications. Chart IV which follows shows what provisions are made for reinforced concrete specifications in the building codes of this survey. Chart IV Reinforced Concrete Specifications Uniform Building Code American Concrete Institute National Building Code ACI Adrian Accepted good practice Ann Arbor ACI East Lansing Standard specifications for Portland Cement Holland Dwellings only Marshall ACI Mt. Pleasant ACI Niles ACI Jacksonville ACI Lake Worth ACI Winter Haven Southern Standards Building Code The main differences between the building codes of Florida and Michigan are in the wind stress design and the minimum requirements for the weights of roofls. This is a logical difference because of the hurricanes that strike Florida every fall. The houses in Florida must take into consideration the winds that reach 80 and 90 miles per hour. The house designs require anchor bolts to hold the houses to their foundations. In the southern regions of Florida, they must also have special provisions for basements. These provisions are made because the water table is close to the surface and most of the land is flat and only a few feet above sea level. Michigan, on the other hand, has building problems for their region. They must allow for snow loads in their design. Another problem, that isn't included in the building codes is the pitch of the roof. When ice forms on the roof it holds water and this water has a tendency to back up under the shingles and leak through. The following table shows the horizontal wind stresses to be allowed for. Note that Florida's are much higher. ..fl.hhlll HaUMr I1”. 63 Chart V Wind Stresses Building Code Uniform Building Code (including marshall) National Building Code Michigan Ann Arbor East Lansing Lansing Mt. Pleasant Florida Jacksonville Lake Worth (UBC amended to apply to Lake Worth) Requirement 15# for structures up to 60' 20# for structures 60'and over 30# for water tanks,etc. 20a for structures up to 50' 24# for structures 50'to 99‘ 28# for structures lOO'to 199' 30# for structures 200'& above 15# 20# 20# 20# 30# for structures of height 1% times the base. In no case shall overturning moment exceed 75% of the moment of stability of the structure. 30# for structures up to 60' 35# for structures 60'and over u5# for watertanks,etc. There has been much criticism of building codes and laws. Uncof the main beliefs is that it is a method of in- creasing the costs of building. This is not entirely true but it has some truth in it. Many building codes are out- moded and they do not recognize the new develOpments in the building field. The construction industry has made outstand- ing progress in the last fifty years, but the building codes, especially those in the small house field have failed to keep up with the progress. As an example of Just how outmoded some building codes can be, there is a requirement in one of the western states that the room height in a dwelling must be 8'3". The reason is not for increased ventilation, light or any of the other logical reasons but besause when the law was put into effect, two by fours came in sixteen foot lengths. The idea was that the two by fours would be cut in half and by the time a plate was out on the bottom and top, and the room was finished, the height would be the 8'3" required. This provision kept a firm from building prefabricated houses in this area. Their room height was 8'0" which did not meet the requirement.Laws like this should be repealed. Small or large, every city should have a building code. The State Journal of Lansing Michigan printed an article on March 27, 1949 telling of fire tragedies in which twenty- eight persons died within six weeks in Michigan. The reasons were as follows: "The Fire Marshal's divion attributed the appalling loss of life to neglect, carelessness and failure to make necessary fire inspections and enforce building codes.“ This points out the real need for building codes and shows what could be expected if they are not enforced or if they were not in exsistence. This does not show what Would happen if a building collapsed, but the loss of life could be Just as great. O\ 0\ Sources of Information Zoning Bassett, Edward, Zoning, Wm. F. hell Co., Philadelphia,ra., 1930 Southern Michiggn Public Works Forum meeting.Attended at Goldwater, Michigan, March 2h, 1959. Zoning Enabling Act 9: Michigan, Act 207, P.A. 1921, Amendment, Act 306, P.A. 19h1 Zoning Ordinances from the cities listed in Chapter I Building Codes Building Codes from the cities listed in Chapter I Colean, Miles L., Your Building Code, National Committee on Housing Inc., 1 Madison Ave., New York 10, N.Y. Housing Law 9: Michigan, Act 167, P.A. 1917 Amendment, Act 303, P.A.1939. National Building Code, National Board of Fire Underwriters, 85 John bt., New York, w.x., 1949 Edition. Uniform Building Code,Eacific Coast Building Officials Conference, 12E West Fourth ot., Los Angeles, California, 19u9 Edition. HiGAN STATE UNIIVERSITY LIBRIAROES will .yll‘ln m I“ I1 |Hl|| m 'Wmu~ nu u» ‘ E i i E 1.1.44. v.-. Vt. m. m~..“~mmnwynfi Al 0 D . www.mw) rm» feta fi“¥~. ‘