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Old 07-25-2021, 12:34 PM   #1
MAXUM
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Originally Posted by TiltonBB View Post
The first difference I see between marinas and private homes would be the zoning.

I think there would be a limit. If you have dock space at your house and rented out seasonal slips to several different people, and multiple boats, at some point your operation becomes commercial, not residential. That may create a zoning issue that your town would object to.

Of course, you can do most anything, and violate many regulations, until your neighbor complains to the authorities!
If that were the case zoning would prohibit you from renting a house, condo or whatever. I find it really hard to believe that all these associations are zoned commercial. There are private property owners that rent out seasonal parking or barn storage on their property, is that illegal to?

It's an interesting question. I have yet to find anything that says you cannot, unless there is some sort of covenant that says you cannot.
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Old 07-25-2021, 02:14 PM   #2
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Originally Posted by MAXUM View Post
If that were the case zoning would prohibit you from renting a house, condo or whatever. I find it really hard to believe that all these associations are zoned commercial. There are private property owners that rent out seasonal parking or barn storage on their property, is that illegal to?

It's an interesting question. I have yet to find anything that says you cannot, unless there is some sort of covenant that says you cannot.
I don't think renting out one house or one boat dock makes it a commercial operation. I do think you will run into trouble when you rent docks to multiple boat owners or winter store numerous boats on your property. At some point it becomes a business in a residential area.

None of the associations converted to condo ownership without approval from the local Planning Board. They all started out as marinas and the zoning was not an issue because that usage was grandfathered.

I actually had a similar discussion with the Laconia Planning Department when I converted a residential building and multiple boat docks to condo ownership. They claimed it was a change of use and I needed to appear before the Planning Board to ask permission. I maintained it was not. I pointed out it was only a change of ownership, the use would remain exactly the same.

I told them if it was a change of use they would have some authority to regulate it but the city had no authority to regulate how a property was owned. You can own it individually, with partners, in an LLC, in a trust Etc.

I still believe that the city does not have that authority, but sometimes you can't fight city hall.
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Old 07-25-2021, 02:21 PM   #3
John Mercier
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Originally Posted by MAXUM View Post
If that were the case zoning would prohibit you from renting a house, condo or whatever. I find it really hard to believe that all these associations are zoned commercial. There are private property owners that rent out seasonal parking or barn storage on their property, is that illegal to?

It's an interesting question. I have yet to find anything that says you cannot, unless there is some sort of covenant that says you cannot.
In some cases it is, they simply don't ask. And for many, they don't claim the income on their taxes.
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Old 07-25-2021, 09:43 PM   #4
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NHDES Wetlands does not have any interest in, or rules pertains to, a homeowner renting their legal slips to another party.
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