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(1) The provisions of this subsection shall be applied to determine whether a particular rental dwelling was legally established and is thus qualified, subject to the provisions of this Chapter, for a rental dwelling business license.

(2) If necessary building and zoning permits were issued authorizing the establishment of a rental dwelling, construction was substantially completed pursuant to such permits, and no deviation therefrom has occurred thereafter, the issuance of such permits shall be prima facie evidence that the rental dwelling was legally established. A business license for such rental dwelling may be issued, subject to the provisions of this Chapter.

(3) If necessary building permits were not issued authorizing a rental dwelling, or if allegations are made that necessary permits were issued, but no record of any such permits can be found, a determination of the legal status of the rental dwelling shall be made pursuant to subsections (a), (b), and (c) below.

(a) A determination shall be made as to whether the rental dwelling substantially conforms to applicable zoning and building code requirements in effect when the rental dwelling was established. If necessary to make such determination, the Zoning Administrator, Chief Building Official or their designees may inspect the rental dwelling premises, pursuant to authorization from the owner of the rental dwelling.

(i) If the rental dwelling conforms to requirements of the currently applicable zone, as set forth in Title 14, Provo City Code, then the rental dwelling shall be deemed legally established so long as substantial evidence exists to conclude the rental dwelling met building code standards in effect when the dwelling unit was created and no deviations therefrom have occurred, other than deviations required by applicable law.

(ii) If the rental dwelling does not conform to requirements of the currently applicable zone, and did not conform to the requirements of the applicable zone when the rental dwelling was created, then the rental dwelling shall be deemed illegal and no rental dwelling business license shall be issued.

(iii) If the rental dwelling substantially conforms to zoning and building code requirements that applied when the rental dwelling was created, or conforms to requirements of a zoning status determination which may have been previously made by the City, and no deviations therefrom have occurred, other than deviations required by applicable law, then the rental dwelling shall be deemed legally established.

(iv) If the rental dwelling does not substantially conform to zoning and building code requirements that applied when the rental dwelling was created, a rental dwelling business license may be issued if the illegal aspects of the structure are abated, mitigated, or brought into compliance with applicable zoning and building code requirements in effect when the rental dwelling was established, except as otherwise provided in Section 6.26.100 of this Chapter; and provided the dwelling units in the rental dwelling have regularly been occupied in a manner that would have been allowed when the rental dwelling was established. The fact that a particular number of dwelling units could have been established under prior applicable zoning shall not be used as a basis for authorizing a greater number of dwelling units than the number of units which have been regularly occupied as such in a rental dwelling.

(b) The presence of an interior connection between upper, lower, or adjoining portions of a structure originally constructed as a single family dwelling shall create a presumption that only one (1) dwelling unit was originally authorized, unless the connection was obviously originally constructed as a vestibule, lobby, or passage way between dwelling units in the structure. Such presumption may be rebutted by a preponderance of evidence that the rental dwelling was legally established.

(c) Rental dwellings located within a complex consisting of one (1) or more multiple-family dwellings or apartment buildings constructed prior to January 1, 1974, and located in a zone where such dwellings and buildings, as presently existing, are not permitted under Title 14, Provo City Code, shall be entitled to a rental dwelling business license so long as the requirements of this Chapter are met, and such dwellings and apartments in the complex:

(i) were originally constructed substantially as presently existing;

(ii) were not originally constructed and occupied as single-family dwellings and later converted to multiple-family or apartment dwellings, except as permitted by a building permit;

(iii) are all owned by the same individual, association, firm, partnership, or other legal entity; and

(iv) are managed by a property manager, or management company in Provo City.

(4) 

(a) A person:

(i) who owns a dwelling originally constructed as a one-family dwelling which existed prior to August 1, 2003, and

(ii) who has not applied for or obtained a rental dwelling license for such dwelling under the provisions of this Chapter by December 31, 2007;

(b) shall not be entitled to thereafter obtain a rental dwelling license for more than one (1) rental dwelling unit in such dwelling unless:

(i) a greater number of dwelling units is permitted by the zone where the dwelling is located,

(ii) a building permit has been issued authorizing the dwelling units, and

(iii) applicable provisions of this Title are met.

(Enacted 2003-01, Am 2003-36, Am 2007-29)