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Mackinac Island City Zoning Code

SECTION 22

05 - Variances.

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.