Lawful Nonconforming Structures and Buildings cannot be Expanded

On July 21, 2022, the Michigan Court of Appeals issued its unpublished decision in Frentz v City of Petoskey Zoning Board of Appeals (Case No. 357425; 2022 WL 2902086). While without precedential effect, the case reiterates that lawful nonconforming buildings and structures generally cannot be expanded. In that case, the landowners installed a roof over a pre-existing deck that was lawfully nonconforming as it did not meet current setback requirements. The size, composition and scope of lawful nonconforming buildings and structures must be strictly construed and cannot be expanded via structural changes, the addition of a roof or similar substantial alteration. Simply maintaining a structure’s prior footprint does not prevent the finding of an unlawful expansion. The Court found the roof addition to be an impermissible increase of the nonconformity.