ZBA finds vacation rentals are not permitted in Recreation/Open Space district as written

The Pontiac Zoning Board of Appeals on Dec. 16 ruled that the zoning ordinance, as written, does not permit vacation rentals in the Recreation/Open Space (RO) district.

Staff told the board that when reading Article 3 (sections 3.402–3.403) and matching the proposed use with existing definitions, the closest defined category was an "inn" — defined in the city's code as a group of lodging units (25 or fewer) that may provide services for dining, meetings or recreation. Because "inns" are not listed among permitted principal uses in the RO district, staff concluded the proposed vacation-rental cabins are not permitted without an ordinance change or a planning-commission special exception.

Ian Davidson, the applicant representing Visionary Properties LLC, described plans for a 5.5-acre site with wetlands, nine modular cabins and supporting parking and beaches. "The wetlands is the draw. The cabins are built off-site and delivered to minimize impact," Davidson said.

Municipal counsel and staff advised the board that this interpretation has precedential value: "If you determine that the zoning ordinance allows this type of use in this district, then for every future use in this district that fits that definition, we would have to approve every single one of those uses," the attorney said.

Commissioner Burke moved to find that the text of the zoning ordinance does not allow vacation rentals in the RO zoning district as written; the motion was seconded and carried. The board did not grant any variance or special exception for the property. Staff and the attorney noted that the planning commission and city council are the appropriate venues for any ordinance text changes that would formally allow vacation rentals in the RO district.

Staff recommended applicants seeking this kind of change pursue a code amendment or a planning-commission special-exception path rather than a ZBA variance or ad hoc reinterpretation.