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Durham council approves four‑story, 50‑foot downtown height limit after lengthy public hearing
Summary
After a multi-hour public hearing with students, business owners and longtime residents weighing in, the Durham Town Council voted 5-4 on Feb. 16 to adopt Ordinance No. 2026-01, setting a four‑story/50‑foot maximum in the Central Business‑1 District to encourage development and expand the tax base.
The Durham Town Council adopted Ordinance No. 2026-01 on Feb. 16, setting a maximum building height of four stories and 50 feet in the Central Business‑1 District, after a contentious public hearing and a 5-4 roll-call vote.
Supporters — including developers, downtown business owners and UNH students — told the council the zoning change is needed to attract investment, expand the town’s tax base and create more housing options. Developer and project-economics expert Justin Zeimitz argued that allowing additional height “spreads the cost of construction out more,” making projects feasible. Emmy Ham, executive director of the Workforce Housing Coalition of the Greater Seacoast, told the council that state workforce-housing law and regional production targets mean Durham must provide reasonable development opportunities to meet its fair-share goals.
Opponents cautioned the change would not by itself guarantee affordable housing or preserve the town’s character. Resident Robin Mower said that equating taller buildings with affordable housing is “wishful thinking,” and several longtime residents said they wanted stronger design guarantees and more careful deliberation before altering downtown scale.
Council debate before the vote focused on trade-offs. Councilor Darrell Ford urged passage, saying it would be “a horrible waste of time and energy not to vote this ordinance in” after the Planning Board’s unanimous recommendation. Councilor Heather Grant said she supported the increase and that professional designers would bring projects consistent with the town’s architectural standards. Councilor Em Friedrichs warned councilors to set realistic public expectations about how much downtown development alone can affect the tax rate, noting estimates discussed at the meeting for modest assessed-value gains from likely projects.
The final roll-call on Ordinance No. 2026-01 was: Chair Joseph Friedman — yes; Councilor Robin Vogt — yes; Councilor Heather Grant — yes; Councilor Curtis Register — yes; Councilor Darrell Ford — yes; Councilor Em Friedrichs — no; Councilor Carden Welsh — no; Councilor Wayne Burton — no; Chair Pro Tem Sally Needell — no. The motion passed 5-4.
The council also considered two alternative zoning amendments at the meeting but voted them down: Ordinance No. 2025-08A and Ordinance No. 2025-08B each failed on unanimous votes of 0-9.
The ordinance, as adopted, applies to a defined portion of the downtown Central Business‑1 District; councilors and speakers at the hearing said it is intended to be a targeted change to improve development feasibility while relying on existing design-review standards to shape projects. Police-Chief safety concerns about deck setbacks were noted during the hearing by Chair Pro Tem Needell, who relayed Chief Rene Kelley’s advice that certain deck access could create hazards and that some design features might be restricted during site review.
Next steps: the ordinance takes effect according to the town’s codification process; councilors discussed possible future tweaks to retail depth and where five stories might remain appropriate, and several members urged follow-up work (including possible Planning Board review) to refine design and implementation details.
