Several parks I have looked at do not meet current setback and spacing ordinances is this a deal breaker? What problems will this cause?
Thank you for your advice
You need to talk to the city/county and see if the park is “legal non-conforming” (also known as “grandfathered”). By far the majority of parks in the U.S. are grandfathered. That means that you don’t have to abide by current ordinances – only what was in effect when it was built. But you want the city/county to sign off on this concept and agree with you BEFORE you buy it. The Certificate of Zoning will affirm that the park is grandfathered. But make sure that the city agrees with your thoughts on the matter. You can often solve any conflict with having you attorney talk to the city attorney.
1 Like
If the park is grandfathered and I were to pull out an old home and put new one in, does the new setback code apply this time or can old, grandfathered, setback code still apply? Does anyone know? Thanks in advance for reply!
Not enough facts to answer this but, in general, the only rules that apply to a legal non-conforming “grandfathered” park are those in effect when it was built, Nothing passed later would be relevant. But that is based on some basic assumptions on how grandfathering works in that state and town. Only a competent attorney from that state could tell you. But equally important is what you do if the city, despite the facts of law, refuses to honor grandfathering. We had three such cases last year, and won all of them without going to court, but it sometimes takes filing a suit to get it resolved. Would you want to actually fight it in court? On a small park, probably not because the legal fee would be huge. On a giant park, maybe.I will also add that the Fire Marshall has the right to introduce new policy that becomes binding on grandfathered parks. We have only seen this in the form of spacing between trailers, and even then only on those parks with insanely tight density. We’ve never had a park impacted by the Fire Marshall – I think it’s pretty rare. Just wanted you to be aware of that, however.
I have this very issue with a park in Texas. The power company put up some lines, and they have a ‘drop zone’ setback they adhere too. Well, the city now has a different ‘setback’ from the overhead power lines, and I just lost about 5’ of usable lots, and the lots are pretty short. Now I can not put in 70’ homes, but need to be under 65’… I even had both the city and power company out looking at it, and the city does not budge. This is a real hot button for me with parks that have small lots, or overhead power lines all over the place. The city does not say anything about the power company stringing power over a house, but they will not let you set a home under the power lines.
1 Like
Thanks a lot, Frank and Jim, for your quick responses!!