Saint George City Zoning Code
16 Nonconforming
Uses And Noncomplying Structures
10-16-1: GENERAL PROVISIONS:
A. Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner.
B. A nonconforming use may be extended through the same building; provided, no structural alteration of the building is proposed or made for the purpose of the extension. The addition of a solar energy device to a noncomplying structure does not alone constitute a structural alteration for the purposes of this subsection.
C. It is the property owner’s burden to establish the legal existence of a nonconforming use or noncomplying structure.
D. A party claiming that a valid, nonconforming use has been abandoned has the burden of establishing the abandonment.
E. A nonconforming use is presumed abandoned if:
1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the municipality regarding an extension of the nonconforming use; or
2. The use has been discontinued for one (1) year or more; or
3. The primary structure associated with the nonconforming use remains vacant for a period of one (1) year or more.
Once the presumption of abandonment has been proven, the property owner must prove that any claimed abandonment has not occurred. (Ord. 2019-10-002, 10-10-2019)
10-16-2: REPAIRS AND ALTERATIONS:
Repairs or structural alterations may be made to a nonconforming building, or a building housing a noncomplying use; provided, they do not increase the extent of nonconformity or noncompliance. (Ord. 2019-10-002, 10-10-2019)
10-16-3: ADDITIONS, ENLARGEMENTS AND MOVING:
A structure occupied by a nonconforming use shall not be added to, remodeled, replaced, or enlarged in any manner, or moved to another location, where such addition, remodel, replacement, enlargement or relocation would increase the nonconformity or noncompliance except as follows:
A. Additions, remodels, replacements or enlargements which are minor may be approved by the city manager or designee if a determination is made that the change will not increase the negative impact of the nonconformity.
B. All other changes must first obtain a recommendation for approval from the planning commission and approval from the city council. In approving such request, it must be determined that the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure and that the negative impact of the nonconformity is not increased. (Ord. 2019-10-002, 10-10-2019)
10-16-4: RESTORATION OF A DAMAGED BUILDING OR A BUILDING HOUSING A NONCONFORMING USE:
A noncomplying structure, or a building housing a nonconforming use, that is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, may be restored, and the occupancy or use of such building, structure or part thereof that existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one (1) year from the date of destruction, and is diligently pursued to completion. (Ord. 2019-10-002, 10-10-2019)