I am doing due diligence on a park, and there is a major discrepancy regarding the acreage between what the Boundary Survey says, and what the Certificate of Zoning says.
The Boundary Survey says the park is 3.90 acres, however, the Certificate of Zoning says that the park is “non-conforming” and that it has to be at least 5 acres.
How is this possible… the park is 3.90acres, but the City says it has to be at least 5 acres?
I asked clarification from the City, and I was told “The Park can remain in operation as non-conforming as long as you do not make any changes.”
Do you guys think everything is kosher here? Can the City shut the park down because it is not “at least 5 acres”?
It sounds like the 3.9 acres is the correct size and was established when the park was first built. The city may have changed their zoning and now require 5 acres if you were to build a similar park today. This may also be why it is a legal non-conforming park. As long as the city says you are okay to continue operation then you shouldn’t have any problems. It would be in your best interest to get it in writing from the city if at all possible even if it’s just in an email so you have it for your records.