I am buying a park in Colorado that has residential zoning despite being an MHP for 40+ years. There are vacant lots that I would like to infill but the zoning will not allow for that. Is there a way around this? How easy is it to get rezoned back to an MHP?
I had this problem and forced the seller to do this while I was under contract. He had to hire a local real estate lawyer to handle it. It took a few months extra but it is better than having an illegal park. Mine was built prior to zoning the city so it was straight forward.
My understanding is that new zoning reflects whatever the city currently wants for that area — in your case, residential. However, since you’re an MHP, if that’s how the property was zoned in the past, you’re allowed to keep that usage under what’s often called “grandfathered” or more precisely legal non-conforming. If you shut down, though, the next owner would be required to convert to residential.
As legal non-conforming, you retain the zoning that was in place when the park was built. That means you can infill. There’s substantial case law on this — including multiple Supreme Court cases — but it’s ultimately a zoning issue that an experienced attorney in your state should be able to resolve, even if the resolution comes at a cost. I’d start by calling your state’s manufactured housing association, explaining the problem, and asking them to refer you to an attorney who handles this.
We faced the exact same issue in Indiana. The city refused to issue a new placement permit. We hired an attorney, had one very expensive meeting, and they agreed to start releasing permits again.
You can try to go back to MHP, but there is no point and it may be an exercise in futility. In our case, we were zoned from mobile home park to business park. That zoning change took place about 20 years ago because the city planned for us to become a business park. The only thing holding them back is that we are a solid, operating, and profitable mobile home park, and they cannot steal that usage from us.
That’s a great point about legal non-conforming use. The Indiana example is especially interesting — crazy how much can come down to having the right attorney who actually understands MHP zoning. Were you able to continue infilling the park normally after that meeting, or were there still restrictions on new homes?
This is an interesting one. I’d definitely want clarity on whether those vacant lots are still recognized as existing legal non-conforming spaces, especially if homes were previously located on them. Seems like that distinction could make a huge difference for whether you can infill without having to rezone the entire park. Curious what you find out.
**2025 Colorado Revised Statutes
Title 30 - Government - County (§§ 30-1-101 - 30-35-906)
County Planning and Building Codes (Art. 28)
Article 28 - County Planning and Building Codes (Pts. 1 - 4)
Part 1 - County Planning (§§ 30-28-101 - 30-28-141)
§ 30-28-120. Existing structures - county property**
Universal Citation:
CO Rev Stat § 30-28-120 (2025)
Learn more
-
(1) The lawful use of a building or structure or the lawful use of any land, as existing and lawful at the time of the adoption of a zoning resolution or, in the case of an amendment of a resolution, at the time of such amendment, may be continued, although such use does not conform with the provisions of such resolution or amendment, and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. The addition of a solar energy device or a device used as part of a system that uses geothermal energy for water heating or space heating or cooling to such building shall not necessarily be considered a structural alteration. The board of county commissioners may provide in any zoning resolution for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning resolution.
-
(2) If any county acquires title to any property by reason of tax delinquency and such property is not redeemed as provided by law, the future use of such property shall be in conformity with the then provisions of the zoning resolution of the county, or with any amendment of such resolution, equally applicable to other like properties within the district in which the property acquired by the county is located.
There are some cities/counties that have added codes that allow you to remove and replace MH units within a Legal Non-conforming park, but it’s not state wide.
You don’t want to buy into a $200K legal battle here. Likely you would prevail, but is the brain damage worth it?
Yes, we still infill new homes under our legal non-conforming use in Business Park zoning.
1 Like