6.25.040 Zoning Disclosure Form; Zoning Verification

6.25.040 Zoning Disclosure Form; Zoning Verification.

(1) To aid the zoning disclosure required by this Chapter, any person may request the Development Services Department to:

(a) Issue a zoning disclosure form; and/or

(b) Conduct a zoning verification.

(2) The zoning disclosure form shall include the following information:

(a) From the property owner, or the owner’s agent, sufficient information to accurately identify the property.

(b) From the Development Services Department:

(i) current zoning classification of the property; and

(ii) a statement of uses permitted by the current zoning classification.

(d) A notice that:

(i) Other uses may be allowed if the uses are deemed to be legal nonconforming uses;

(ii) the burden of establishing a nonconforming use right is on the owner;

(iii) upon request and payment of the applicable fee, the Development Services Department will perform a zoning verification for the property; and

(iv) if a prospective buyer anticipates claiming a nonconforming use right, the buyer may wish to obtain independently provided professional advice about the extent of a nonconforming use right, if any;

(e) A statement that although a zoning disclosure form and zoning verification may be provided by Provo City, the buyer or lessee, as the case may be, is solely responsible for ascertaining conditions and circumstances applicable to the property.

(f) A signature block where an officer of the Development Services Department may certify that the zoning information indicated on the zoning disclosure form is accurate as of a given date.

(3) The Development Services Department:

(a) may include other information on the zoning disclosure form as may be needed to meet the intent of this Chapter;

(b) shall, for the time period required by the Utah Government Records Access and Management Act or successor law, maintain a record of zoning disclosure forms and zoning verifications which have been issued by the Department;

(c) shall charge a fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council for each zoning disclosure form to cover the costs of review and form preparation; and

(d) shall charge a fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council for each zoning verification to cover the costs of making a nonconforming use determination.