Keene advances housing‑focused LDC changes: smaller lots, higher by‑right unit counts, and new split‑zone rules

City of Keene planners and elected members continued work on Ordinance O‑2025‑15, a package of Land Development Code amendments intended to encourage housing development. Mary Brenner, Senior Planner, described a set of staff recommendations: remove the setback/build‑to items now handled in the separate ordinance O‑2025‑20; add residential uses explicitly to the Neighborhood Business District purpose statement; lower the minimum lot area in that district to 5,000 square feet; reduce some dimensional requirements for smaller lots; allow up to six dwelling units by right in the Medium Density District (subject to existing thresholds and reviews); permit Ground‑Floor dwelling units in the Downtown Growth District when they are located behind build‑to zone commercial frontage; and adopt clearer rules for parcels split between zoning districts.

Petitioner and resident Jared Goodell (160 Emerald Street) said he originally proposed a 600‑square‑foot cap per unit for small multifamily conversions to limit neighborhood impact, but staff recommended against a strict square‑foot cap. Brenner told the board the staff recommendation was “just to say up to 6 if that's what you wanna do,” noting that other triggers (site plan review, impervious surface thresholds, parking, and sprinkling requirements) would still apply and often trigger Planning Board review.

Board members debated several points. On reduced interior side setbacks for 5,000‑square‑foot lots, proponents said shrinking setbacks makes small lots more buildable and helps redevelopment, while opponents worried a 5‑foot side setback could make maintenance and ladder access difficult and raised safety and fire‑code concerns. Mayor Jay Khan and other members asked staff to check building code and enforcement practice; staff said some situations may already have 0‑foot setbacks and that fire code controls proximity between buildings.

On density, Councilor Haas moved (no second) to keep the current 3‑unit cap in the Medium Density District; the motion failed for lack of a second. The committee ultimately accepted staff language that would allow up to six units by right in the Medium Density District, with members noting that where parking, impervious coverage, sprinklers or other thresholds are affected, additional planning review and requirements would still apply.

The committee also revised the Draft to clarify where Ground‑Floor dwelling units may be allowed in the Downtown Growth District. After discussion, members amended the language so that Ground‑Floor dwelling units may be permitted when they are located behind the build‑to zone (rather than only behind “tenable commercial space”), which connects the allowance to the existing build‑to zone requirements and facade percentage rules that determine how much street‑facing building must be commercial or pedestrian active.

Separately, staff proposed new rules for split‑zoned parcels that let a property owner apply the provisions of the district that comprises the largest share of the lot to portions that are not large enough to be subdivided off; the board accepted the clearer interpretation language and confirmed the approach is intended to avoid forcing owners into lengthy map amendments or variances.

Formal actions: the Planning Board found the amended A version consistent with the 2010 Master Plan (unanimous). PLD voted unanimously to request the mayor set a public hearing on the ordinance. Staff will return to the board after the public hearing and any PLD/council amendments for a final recommendation.

What remains discussion only: members and staff agreed to track and report back on the maintenance, fire‑safety, parking and enforcement implications of reduced setbacks and higher by‑right unit counts, and to monitor state housing legislation that the staff said could affect local definitions of “unit.”