Posted by land-o on May 03, 2007 at 07:52:00:
Even if it has been “declared” it is a simple thing to have it “undeclared”
and a title reissued. And the right to contract is sacred in the United
States, the local government will not interfere (Impair) with the
obligations of a contract. Any Contract will be honored above zoning
law, meaning you can “sell” the trailer" whether they like it or not! ( I
think so check with your attorney)
Most county’s have their comprehensive plan on the net, and the
Zoning is usually pretty much according to the uniform zoning code
THe Zoning people get a big head and start having a “god” syndrome,
however if you take time to increase your learning curve you can
usually figure out what doesn’t seem “right” and ask pertinent
questions based on what you learned, If you don’t confront them but
rather give them room to back up without getting themselves in
trouble, they will almost always work with you. Time is a huge plus
with zoning, their whole premise is the ability to slow down the
impulses to improve property without properly preparing it for it’s
highest and best use.
Zoning minimizing my exit options - Posted by Victor-Ohio
Posted by Victor-Ohio on May 02, 2007 at 17:29:50:
I am currently doing my due diligence on my first L/H deal. This property is in a semi-rural part of Ohio but only a 30 min. drive to the nearest medium sized city - in a pretty good location. The MH actually has sewer so I don’t have to worry about septic issues. The sellers have agreed to a purchase price that is significantly below the asking price.
The problem began when I talked to the local zoning dept. They informed me that they don’t want any MH parks or individual lots leased out. He also reluctantly told me I may be able to rent out the MH but they really want owner occupied. He said that I could meet him if I wanted to look at the zoning regulations but said he didn’t have any copies to give me - they are either very primitive or he is being kind of shady with me.
Anyhow my first choice with this property would have been to sell the MH and lease out the land. Ive read Tony and Scotts first book but I would really not want to rent it out. Another viable option would be to sell the whole deal with owner financing but I suspect that would produce the longest holding periods.
Is there anyway around the zoning issue of not being able to sell MH and lease land? Are there other options to consider or should I just seriously consider renting? Any comments would be appreciated.
Re: Zoning minimizing my exit options - Posted by Glen (OH)
Posted by Glen (OH) on May 03, 2007 at 05:22:30:
Victor,
Having sewer service and not septic is a big plus. In SW Ohio the cost of a new septic system is often in excess of $20k.
Glen (OH)
Re: Zoning minimizing my exit options - Posted by Ed in Idaho
Posted by Ed in Idaho on May 02, 2007 at 23:04:20:
First off, don’t be bullied by any P&Z. They have to follow all of their ordinances to the letter. Often when you start asking them questions, you will get alot of personal opinion, their personal opinion. Afterall, they are human. But ultimately they need to follow their own ordinances unless YOU let them get away with it!
That’s “El Toro POO-POO”(not my quote) that they can’t give you a copy of their ordinances. It will cost you per page for them to make copies but definitely get a copy if you want it. Also go to the county courthouse and check out the land use map and check the zoning on it to see what zone you are in. Ask other people questions to see if everything is consistent or not.
BUT YOU SHOULD BE ‘GRANDFATHERED’ IN!!! That is to say that a nonconforming use of the property stands until something triggers it such as a different use, a vacancy of occupation for a certain amount of time, or any number of things, maybe even a sale of the property, but I doubt it would be a sale. It will all be clearly stated in their ordinances. Sometimes not so clearly but the point is they can only enforce what is stated in the ordinances. I don’t know your ordinances but basically if there was a use of the property in a certain way that was allowed, then the zoning changes, the use remains until something triggers. You should be able to do whatever you want with this trailer, but you probably couldn’t bring in a different trailer to lease out the land on, but it will be stated in the ordinces. If it is not stated and is a conforming use allowed in that zone then everything is cool!
Nothing urks me more than a P&Z that can’t keep their personal opinions out of doing their job. Hopefully an Ohio native can help you out more on this.
Re: Zoning minimizing my exit options - Posted by Gary
Posted by Gary on May 02, 2007 at 22:38:39:
You may be talking to a zoning offical that is telling you what he would like and not the actual code. Get a copy of those zoning regs someway. Internet,courthouse,county commissioners,planning board,whatever. This guy is about on the same political level as the dog catcher but power has gone to his head. In Ohio a MHP is defined as a parcel or adjoining parcels owned by the same person(s)and has 3 or more mobile homes. If the mobile home title has not been surrendered and the home declared real estate it’s going to be hard for them to stop you from selling the home and renting the land. I have often restablished a title again making the home personal property,or Ohio’s new term “like real”. Contrary to what some of these officals believe there are still some private property rights in this country. Gary