Keene commission sets public hearing to clarify masonry rules in Ordinance 2023-665

The Planning and Zoning Commission voted to set a public hearing to consider an amendment to Ordinance 2023-665, a planned development (PD) for Sunset Ridge, to clarify which masonry products are acceptable.

City staff told the commission the PD language currently uses the term "masonry" and that the city’s ordinance from 2011 distinguished masonry as brick or stone and excluded cementitious boards (the transcript references "Hardie"/cementitious board). Staff said a 2018 state change and conformity with the International Building Code mean the city must clarify acceptable materials rather than enforce a locally narrower definition. "In 2018, the state came out and said, can't do that anymore. Acceptable material according to the International Building Code, then they can do whatever they want," the record shows City staff saying; staff also said city attorneys are reviewing the precise scope of P&Z authority to amend the zoning ordinance.

Developers represented in the record (identified as Clint Long of MKP Development) and several commissioners said allowing a broader range of exterior materials would produce more variety in neighborhood design and help market new homes. One commissioner asked staff to prepare draft amendment language; staff recommended the commission set a public hearing so notice requirements and a two-hearing process can be followed. The commission moved to set the public hearing for the regular meeting on Monday, Dec. 8 at 6:00 p.m.; the chair announced the motion passed.

The record contains a momentary misspeaking — the name "Clint Black" was spoken and then corrected in the record to "Clint Long," who is identified in the meeting as representing MKP Development. The record also uses the term "Hardy" in places; the likely industry term is "Hardie" (James Hardie cementitious siding), and the transcript contains variant spellings. Attorneys are reviewing the legal language and the commission will consider the proposed amendment after the scheduled public hearing.

Next steps: staff will prepare draft language for the amendment, notice the public hearings as required, and the commission will take public comment at the Dec. 8 meeting.