14.36.120 Multiple-Family Dwellings and Apartment Complexes Constructed Prior to 1974 - Status Determination.
(1) A project consisting of one or more multiple-family dwellings or apartment buildings constructed prior to January 1, 1974, which is located in a zone where the apartments, as presently existing, are not permitted shall be deemed nonconforming so long as the apartments in the complex:
(a) Were originally constructed substantially as presently existing;
(b) Were not originally constructed and occupied as one-family dwellings and later converted to multiple-family or apartment dwellings.
(c) Are all owned by the same individual, association, firm, partnership, or other legal entity; and
(d) Are managed by a property manager, or management company in Provo City.
(2) The owner of an apartment complex which meets the requirements of Subsection (1) of this Section may request a zoning verification from the Development Services Department. If after due investigation, the Department determines by a preponderance of evidence that the building conforms to the requirements of Subsection (1) of this Section, the name, address and a statement of the characteristics of the apartment building shall be added to an official list of such apartment complexes maintained by the Development Services Department. Upon determining that an apartment complex should be added to the list, the Department shall send a letter to the owner of the complex stating the Department’s findings and decision. During regular business hours the list shall be made available to the public upon request.