6.30.090 Determination of Legal Status.
(1) The provisions of this Subsection shall be applied to determine whether a particular mobile home rental dwelling was legally established and is thus qualified, subject to the provisions of this Chapter, for a mobile home rental dwelling business license.
(2) If necessary building and zoning permits were issued authorizing the establishment of a mobile home 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 mobile home rental dwelling was legally established. A business license for such mobile home rental dwelling may be issued, subject to the provisions of this Chapter.
(3) If necessary building permits were not issued authorizing a mobile home 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 mobile home rental dwelling shall be made pursuant to subsections (a), and (b) below.
(a) A determination shall be made as to whether the mobile home rental dwelling substantially conforms to applicable zoning and building code requirements in effect when the mobile home rental dwelling was established. If necessary to make such determination, the Zoning Administrator, Chief Building Official or their designees may inspect the mobile home rental dwelling premises, pursuant to authorization from the owner of the mobile home rental dwelling.
(i) If the mobile home rental dwelling conforms to requirements of the currently applicable zone, as set forth in Title 14, Provo City Code, then the mobile home rental dwelling shall be deemed legally established so long as substantial evidence exists to conclude the mobile home 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 mobile home 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 mobile home rental dwelling was created, then the mobile home rental dwelling shall be deemed illegal and no mobile home rental dwelling business license shall be issued.
(iii) If the mobile home rental dwelling substantially conforms to zoning and building code requirements that applied when the mobile home 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 mobile home rental dwelling shall be deemed legally established.
(iv) If the mobile home rental dwelling does not substantially conform to zoning and building code requirements that applied when the mobile home rental dwelling was created, a mobile home 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 6.30.100 of this Chapter.
(b) A mobile home rental dwelling located within a complex consisting of two (2) or more mobile or manufactured homes constructed prior to January 1, 1974, and located in a zone where such dwellings, as presently existing, are not permitted under Title 14, Provo City Code, shall be entitled to a mobile home rental dwelling business license so long as the requirements of this Chapter are met, and such dwellings and other structures in the complex were originally located and constructed substantially as presently existing except for alterations or additions authorized by law.