ON COVENANTS, ZONING, AND WELLS

The following question brings up several issues for homeowners. My response follows. In future posts, I'll cover the details of covenants, zoning, and private agreements.

Question: I just noticed that our neighbors have built the framing for a cabin on their lot right next to the house. Are there any zoning
restrictions on subdividing on these lots? If it's not dry (which I
assume it is), what are the regulations for governing water dispersion
through the well. Since the pump is being paid for by us, I am
reluctant to water three houses. We did get pretty dry last year when
they were running water for a long time.


Answer:Without looking again at the paperwork for your property, I can't say for sure. But the covenants and private well agreement should be included in your closing documents, as part of the preliminary title report. The original MLS listing has a slot for the zoning code. Once you know the code (I suspect it's RR for this property, but again, please check, as I'm going only on memory), you can read the restrictions in the FNSB Code of Ordinaces Code 18 Zoning.

If you can't locate your closing documents, the borough's assessing office and/or community planning division can assist you in reassembling and interpreting these papers.

Off the cuff, my thought is that if the zoning is indeed RR, a guesthouse is permitted. The covenants may more specific restrictions. And do check the language of the well agreement, but I don't think there are restrictions as to the number of dwellings. Usage would have more to do with habits and the number of occupants than anything else. I'm surprised to hear there have been problems with well flow, as at 50 gallons per minute, the well could likely service an entire subdivision. But if the well was drilled long ago, extraneous factors like earthquakes can affect well flow after the fact.