Ep. 31 | 10 Things To Include In Your Zoning Letter

The Real Estate Diversification Podcast

Sep 7 2023 • 31 mins

In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through 10 Things To Include In Your Zoning Letter.
Hosted by Jonathan Gilmore.

HIGHLIGHTS:

0:00 – Intro
0:59 – There’s 3 types of zoning; legal, illegal and legal non-conforming or grandfathering
2:26 – Grandfathering has its roots in voting laws
5:19 – A lot of mobile home park land was originally parking lots
6:03 – To preserve your zoning, it’s important to keep at least one mobile home on your lot
7:25 – A certificate of zoning or a zoning letter is government letter head which is your insurance policy to say you have a zoning right
8:41 – Make sure there are no outstanding code violations on the property
9:52 – Find out the current zone is
12:12 – You want your letter to say a mobile home can be placed on all existing vacant or occupied lots
16:30 – You want the zoning letter to reference the location of the homes in the park
19:23 – Make sure there are no restrictions on the size of the home or the age of the home
20:17 – Make sure there are no requirements or restrictions as it pertains to the concrete pillars or pads under the home
21:22 – Usually the city doesn’t care
21:23 – Ensure you’re not subject to development code or any new infrastructure requirements, impact fees or development fees based on the transfer of the park
22:35 – You want your letter to say the park was existing prior to the code of 1975, although usually this is the first thing cut out
24:06 – If the city objects, work out whether it’s worth it
25:19 – Threatening to sue and using demand letters works a ton of the time
25:36 – If they damage the value of your property, they have taken something from you, meaning if you beat them in court you can pursue legal fees
27:33 – If you do sue and win, prepare for an appeal

RESOURCES:

Zoning Letter Checklist