I am reviewing the city zoning ordinance, and found this…
“Mobile homes are permitted in all existing parks, but no mobile home removed from the park may be replaced by another mobile home.”
Does this mean what I think it means… If a home gets pulled out of your park, you can never bring in another home on that lot?
Also, there are already vacant lots in the park that I would want to fill. The park has been in existence for decades, so I think there is a good chance that at one point there were homes on those vacant lots. So I cannot fill those lots?
If this is true, then I think this would be a deal breaker.
Check the definitions in code. A lot of municipalities will define a mobile home as a pre-HUD (1978) home, and then say anything newer is a manufactured home.
If the city won’t allow anything to be placed in an existing space then you need a muni attorney to speak with the city attorney and resolve it before you close.
This a classic case of a jurisdiction not understanding the concept of grandfathering. A lawfully established use can not be prohibited from continuing. Even in liberal Oregon the court has upheld this concept with the following restrictions: use must have been lawfully established, use cannot cease for more than 12 months, use can not diminish in intensity for more than 12 months or deminished intensity becomes the new base line. So technically long term vacant lots are in danger of loss of grandfathering in Oregon.
My point is the city is wrong on this ordinance but you will have to get a land use attorney involved. This needs to be resolved before you purchase.
Every State and jurisdiction understands this concept differently.
My park is legal non-conforming and the City told me they don’t allow homes to be moved in that are older than 1987.
Although it seems like I should be permitted to bring any home in, I decided to not pick a battle and just bring my first home in that is a 93. It is in the process of being hooked up now and I am praying that I have no problems with the City. I am bummed though because lots of early 80s trailers are in good shape for $1500 - $2500.
In the past the City forced my dad to remove a newly moved in home for being too old, but there is a new crew in City Hall and I’m hoping things go better for me.
Interesting. My nephew is an attorney here in Seattle and at the behest of his loving grandfather (my Dad who owns several parks) did some digging on this. My dad was looking to bring in an older home than the 10 year City statute mandated. Home was beautiful… just slightly too old. State of Washington had put in place RCWs that allowed post HUD homes of any age to go in and come out of MHPs. Just had to have proper utility hookups and an inside toilet
Bottom line is many small cities enact these codes years ago and fail to modify them when State law changes. They think they are right… they just don’t know that State law has changed. Check the State laws… you may find some relief.
Thanks for the advice, I have found Texas municipal regulation below and it doesn’t seem like a restriction of age is allowed - not sure how to go about discussing this with the city without starting a battle.
This would be a city regulation and not a state regulation. I have seen several muni codes disallow moving homes within city limits if it was made before an arbitrary date.
Maybe you just go down and talk to them. Tell them you are a new park owner and want to do right by them. Bring the statute with you and ask for help in understanding. There is also nothing wrong with going to the City Council and asking for them to change any regulation they have. Some parks are considered eye sores (not to say yours of course) and if a park owner is demonstrating a sense of pride and wanting to clean things up for the City they may work with you now and in the future.
I have had some experience in City government and many of these regs were ‘cut and paste’ and are often outdated. It is your City too…
