Land Use ordinances: Interpretation please

[mikenh]

What is the name of your state (only U.S. law)? New Hampshire

We are having a discussion on the meaning of this wording in our town's LUO: A beer is riding on the results...;-)

"Frontage: Any frontage, whether on road or water, must be not less than 200 feet"

Does it mean:
1) If you have frontage on both water and road, one or the other must be 200 feet but not both
2) If you have frontage on both water and road both must be not less than 200 feet.


Thanks

 

[Zigner]

The best folks to ask would be the town.

I would interpret this as #2

 

[mikenh]

We did ask the town and they are divided

Some think the word "whether" makes the 200 foot minimum apply either the water or road frontage but not both if you have both water and road frontages.

Others think the word "Any" makes the 200 foot minimum apply to both, if you have both water and road frontage.

 

[Zigner]

Some think the word "whether" makes the 200 foot minimum apply either the water or road frontage but not both if you have both water and road frontages.

Others think the word "Any" makes the 200 foot minimum apply to both, if you have both water and road frontage.

Then you will want to speak with an attorney in your area who specializes in land use matters. Of course, you'll have to decide whether or not it's worth a beer.

 

[mikenh]

Thanks

Not worth a beer but I might want to enjoy one as I watch the town go round and round on this. Small town entertainment at it best and it is free.

 

[154NH773]

2) If you have frontage on both water and road both must be not less than 200 feet.

This would pertain to a subdivision application and would require each lot to have a minimum of 200 feet on a road, and if the lot is on water it must also have a minimum of 200 feet of shoreline. So any new lot must meet both criteria. This would apply only to creation of new lots. Grandfathered lots would be exempt from this requirement when building. If the lot was allowed to be created without meeting this requirement, it might not be buildable without an exemption or waiver.

This would generally be part of a local ordinance, but the road frontage requirement is also found in RSA 674:41, and the NH Fire Code.