Navigating City Zoning for Assisted Living Facilities: Essential Tips from Brett Chotkevys

Welcome back to Assisted Living Investing with Brett Chotkevys! In this series, we’ll explore how to successfully enter the lucrative niche of assisted living. I’ll share strategies on acquiring or building real estate, raising funds, and assembling a dedicated team, all aimed at achieving substantial income and financial freedom through assisted living investments.

As the owner of Platinum Resort in Georgetown, Texas, I’ve experienced the journey firsthand. I’m passionate about sharing my insights on how to navigate this industry effectively, step by step.

Starting Your Assisted Living Journey
Today, we're diving into the crucial first steps for launching your own assisted living facility. This is the third installment in our series, focusing on zoning regulations and identifying potential deal killers that could hinder your plans.

We began by conducting online research to determine our ideal location, gathering relevant statistics, and identifying existing competitors. Next, we engaged in secret shopping to learn from their successes and mistakes, pinpointing desirable locations while avoiding others.

Understanding Zoning Regulations
Now that we know what we want to build and where we want to establish our facility, it’s time to address a critical question: What are the potential deal killers? Specifically, we need to understand the zoning requirements and regulations set by the city.
I often encounter limitations, such as the city restricting the number of beds I can operate. I believe in taking control of my financial destiny, which is why it’s essential to understand these regulations. Zoning issues can significantly impact profitability, and I want to avoid the frustration of being constrained by arbitrary rules.

Learning from Experience
Having faced setbacks in the past, including instances where city regulations blocked my plans even after I placed substantial deposits, I’ve learned valuable lessons that can help you avoid similar pitfalls. Understanding what the city will and will not allow is vital to making informed investment decisions.

Key Questions for the Planning Department
When you meet with the planning department, your goal is to clarify what you can do with a specific property based on its zoning classification. Here are key questions to consider:

What are the zoning requirements for assisted living facilities in this area?
Are there restrictions on the number of beds or types of services I can offer?
What permits will I need to operate?

Are there any pending changes to zoning regulations that could affect my plans?
By asking these questions, you’ll gain a clearer understanding of the opportunities and limitations you face in your chosen location.

Understanding Zoning for Residential Care Homes: Key Questions to Ask Local Planning Departments

Finding the right location for a residential care home, especially one designed for memory care, can be challenging due to zoning regulations. To ensure your project is feasible, it’s crucial to ask the right questions upfront. For instance, if you intend to create a facility with 16 beds, the zoning regulations might limit you to only four, six, or eight beds, significantly affecting your profitability. Here’s how to navigate this process effectively.

The Importance of In-Person Consultations
When engaging with your local planning department, visiting in person can yield better results than relying on emails or phone calls. Face-to-face interactions allow you to build rapport and trust, making it harder for officials to overlook your inquiries. Standing at the counter until your questions are answered not only demonstrates your commitment but also encourages staff to seek further assistance if they can’t provide immediate answers.

Key Questions to Ask
What Are the Zoning Regulations?
Start by explaining your vision clearly. Instead of using terms like "assisted living," which might invoke commercial classifications, describe your project using terms such as "group home" or "care home for seniors." Emphasize that you envision a large house—complete with a front porch and backyard—rather than a commercial facility.

How Is My Project Classified?
Once you’ve established your intent, inquire about how the planning department classifies your project. Is it considered residential or commercial? Understanding this classification is critical, as it will dictate the permits and requirements you must meet.

What Zoning Options Are Available?
Clarify what zoning types apply to your project. Are there options for mixed-use, special use permits, or alternative classifications? Explore whether residential land could be repurposed or if agricultural land could be an option for your facility.
Utilizing GIS Mapping Systems

After your consultation, take advantage of the GIS mapping system available through your city’s website. This resource provides detailed information on zoning classifications, utilities, and other vital data for specific addresses. By entering potential property addresses, you can quickly ascertain whether they align with your project goals. This helps you avoid pursuing properties that don’t meet zoning requirements, saving you time and resources.

Essential Questions to Ask Before Your Property Purchase: Understanding Zoning, Permits, and City Regulations

When considering a property deal, it’s crucial to assess potential roadblocks. Start by asking, who could potentially block this deal? Understanding the local zoning laws is vital, as you may need city approval for your project. This often involves presenting a rough draft of your site plan at city council or planning and zoning meetings.

Key Steps to Take:
Research City Requirements: Inquire about the necessity of meetings with city officials and what documentation is required. A preliminary understanding will guide your offer strategy, including longer option and escrow periods if needed.
Site Plan Considerations: If a site plan is necessary, be prepared to include:
Building Specifications: Have a rough outline of your building's size and shape.
Utilities Assessment: Utilize GIS mapping to determine utility connections, including water and sewer availability.
Driveway Access: Understand how you'll access the property from the street, including the need for a new driveway.
Fire Safety: Check for the presence of fire hydrants and ensure compliance with fire safety regulations.
Drainage Limitations: Be aware of any restrictions on impervious coverage, which impacts how much of the land can be covered with buildings or concrete.
Asking these questions early will help you avoid future complications. Cities can impose significant hurdles, so it’s essential to know what you're up against before making an offer.

Understanding Zoning Outside City Limits
Consider whether the property is within city limits or in an unincorporated area. In Texas, areas outside city limits may have fewer restrictions, providing more flexibility for your project. If you find yourself in an unincorporated area, investigate the local jurisdiction—be it county or state—as they might offer fewer zoning constraints.

Expanding Your Search Area
Don’t limit yourself to one city. Investigate multiple cities in your county to discover varying zoning requirements. The city you initially consider might have stringent regulations or higher property costs. Expanding your search allows you to find locations that not only meet your needs but also align with your budget.

Engage with Local Authorities
When exploring options outside city limits, have detailed discussions with both city and county officials. Ensure you ask the same crucial questions regarding zoning and permits to get a comprehensive understanding of the local landscape.

Next Steps: Building Department and Permits
After addressing zoning concerns, turn your attention to the building department. Identify the types of permits needed and understand any requirements specific to commercial or residential developments. Considerations include:
Fire safety measures (e.g., sprinklers, alarms)
Egress requirements
Utility access and capacity
These factors can significantly impact your project’s feasibility and budget.


To avoid costly mistakes, conduct thorough due diligence on zoning, permits, and local regulations before committing to a property purchase. For more guidance, check out our free foundation course. We cover essential topics such as due diligence, engaging with city officials, and structuring deals across 15 comprehensive lessons.

​