Mackinac Island City Zoning Code

A board of zoning appeals is hereby established having the powers authorized in Public Act No. 110 of 2006, as amended. The board of zoning appeals shall consist of the city council.

The board shall elect from its membership a chairman, a vice-chairman and such other officers as it may deem necessary. The city clerk shall be the secretary of the board, without vote.

The board shall adopt rules of procedure. Copies of such procedures shall be made available to the public at the office of the board.

A.

Meetings of the board shall be held at the call of the chairperson, and at other times as the board in its rules of procedure may specify. The time of regular meetings shall be specified in the rules of procedure. There shall be a fixed place of meeting and all hearings shall be open to the public.

B.

A quorum shall be the same as required for the city council.

C.

The board shall keep minutes of its proceedings, showing the action of the board and the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official action, all of which shall be filed promptly in the office of the board and shall be a public record. Such records shall include the findings of fact and conclusions reached by the board on all matters upon which it passes judgment.

D.

The board may call on any other city departments for assistance in the performance of its duties, and it shall be the duty of such other department to render assistance to the board as may reasonably be required.

The board of zoning appeals, in conformity with the provisions of this ordinance and of Act No. 110 of 2006, as amended, may reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determination appealed from, and shall make such order, requirements, decisions or judicial determination as in its opinion ought to be made in the premises, and to that end shall have the powers to hear and decide all matters referred to it or upon which it is required to act under this ordinance. This includes action on requests for variances, appeal from administrative decisions, and requests for ordinance interpretation.

Subject to the provisions of section 22.06, the board, after public hearing, shall have the power to decide applications filed as hereafter provided, for variances:

A.

Where, by reason of the exceptional narrowness, shallowness or shape of a specific piece of property on the effective date of this ordinance, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the land, building or structure, or of the use of development of property immediately adjoining the property in question, the literal enforcement of the requirements would involve practical difficulties; provided, that the board shall not grant a variance on a lot of less area than the requirements of its zone district, even though such lot existed at the time of passage of this ordinance if the owner or members of his immediate family owned adjacent land which would without practical difficulties be included as part of the lot.

B.

Where there are practical difficulties in the way of carrying out the strict letter of such ordinance relating to the construction, structural changes in equipment, or alterations of buildings or structures, so that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done.

C.

For the vertical extension of a building existing at the time of enactment of this ordinance of such height as the original drawings of said building indicated, provided such building was actually designed and constructed to carry additional stories necessary for said height limit.

D.

To permit the erection or structural alteration, in a district where such use is permitted, of a structure to a height above the limit specified for such district.

Nothing herein contained shall be construed to give or grant to the board of zoning appeals the power or authority to alter or change the text or stated intent of any part of this ordinance. The board of zoning appeals shall not have the power to alter or change the zoning district classification of any property, nor to permit any use in a district in which it is not permitted.

No variance in the provisions or requirements of this ordinance shall be authorized by the board unless the board finds from reasonable evidence that all the following facts and conditions exist:

A.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district.

B.

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

C.

That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the intent and purposes of this ordinance or the public interest.

D.

That the condition or situation of the specific piece of property, or the intended use of said property, for which the variance is sought is not of a general or recurrent nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.

In authorizing a variance, the board may, in addition to the specific conditions of approval called for in this ordinance, and pursuant to standards in section 4.17, attach thereto such other conditions regarding the location, character, landscaping or maintenance reasonable necessary to the furtherance of the intent and spirit of this ordinance and the protection of the public interest.

The following procedure shall be required:

A.

An appeal from any ruling of the planning commission or administrative officer administering any portion of this ordinance may be taken by any person aggrieved or any governmental department affected.

B.

The board of zoning appeals shall not consider any application for ordinance interpretation, variance or appeal without the payment by the applicant or appellant to the city treasurer of a fee. Such application or appeal shall be filed with the zoning administrator, who shall transmit the same, together with all plans, specifications and other papers pertaining to the application or appeal, to the board of zoning appeals.

C.

When an application or appeal has been filed in proper form and with the required date, the secretary of the board shall immediately place the said application or appeal upon the board's calendar for its next meeting. Before granting any appeal the board shall hold a public hearing. A notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the city at least 15 days prior to the hearing. Additionally, notices of the public hearings shall be served personally or by mail at least 15 days prior to the date of such hearing, upon the applicant or the appellant, the owners of record of property within 300 feet of the premises in question; which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll. The notice shall contain the address, if available, and location of the property for which the ruling by the board of zoning appeals is sought, as well as a brief description of the nature of the appeal. Any party may appear at such hearings in person or by an agent or by an attorney.

D.

Upon the day for hearing any application or appeal, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the board so decides.

The board shall decide all applications and appeals within 30 days after the final hearing thereon. A copy of the board's decision shall be transmitted to the applicant or appellant, and to the planning commission by the zoning administrator. Such decision shall be binding upon the zoning administrator and observed by him and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the board. A decision of the board shall not become final until the expiration of five days from the date such decision is made unless the board shall find the immediate effect of such decision is necessary for the preservation of property of personal rights and shall so certify of the record.

An appeal shall stay all proceedings in the furtherance of the action appealed from, unless the zoning administrator certifies to the board of zoning appeals after notice of appeal shall [have] been filed with him, that by reason of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, or due cause shown, be granted by the board of zoning appeals or by the circuit court on application, after notice to the planning commission.