6.31.090 Determination of Legal Status.
(1) The provisions of this Subsection shall be applied to determine whether a particular mobile home park was legally established and is thus qualified, subject to the provisions of this Chapter, for a mobile home park business license.
(2) If necessary building and zoning permits were issued authorizing the establishment of a mobile home park, 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 park was legally established. A business license for such mobile home park may be issued, subject to the provisions of this Chapter.
(3) If necessary building permits were not issued authorizing a mobile home park, 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 park shall be made pursuant to the following subsections.
(a) A determination shall be made as to whether the mobile home park substantially conforms to applicable zoning and building code requirements in effect when the mobile home park was established. If necessary to make such determination, the Zoning Administrator, Chief Building Official, or their designees may inspect the mobile home park premises, pursuant to authorization from the owner of the mobile home park.
(b) If the mobile home park conforms to requirements of the currently applicable zone, as set forth in Title 14, Provo City Code, then the mobile home park shall be deemed legally established so long as substantial evidence exists to conclude the mobile home park met building code standards in effect when the mobile home park was created and no deviations therefrom have occurred, other than deviations required by applicable law.
(c) If the mobile home park 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 park was created, then the mobile home park shall be deemed illegal and no mobile home park business license shall be issued.
(d) If the mobile home park substantially conforms to zoning and building code requirements that applied when the mobile home park 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 park shall be deemed legally established.
(e) If the mobile home park does not substantially conform to zoning and building code requirements that applied when the mobile home park was created, a mobile home park business license may be issued if the illegal aspects of the park are abated, mitigated, or brought into compliance with applicable zoning and building code requirements in effect when the mobile home park was established, except as otherwise provided in Section 6.31.100 of this Chapter.