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Durham council rejects immediate tweak to downtown height rules after residents urge pitched roofs
Summary
After more than a dozen public commenters urged the Council to require pitched roofs and dormers for four‑story buildings downtown, Durham Town Council debated and then voted down a proposal to clarify Ordinance #2025‑08 so a fourth story could be allowed by right only with a pitched roof; the ordinance will go to the Planning Board for technical drafting and a future public hearing.
The Durham Town Council on Sept. 15 declined a Councilor‑led effort to quickly amend Ordinance #2025‑08 so a fourth story would be allowed by right only if it included a pitched roof and dormers.
The vote followed an extensive public comment period in which residents, including members of the Historic District Commission and a 252‑signature petition group, urged councilors to preserve downtown’s small‑town New England character by specifying pitched roofs rather than leaving the choice to developers. Beth Olshansky told the Council that developers would “most likely choose the four‑story building with a setback because it’s less expensive to build, essentially silencing the voices of the 252 residents who signed a letter supporting the 3‑½ story compromise with pitched roof and dormers.”
The Council, which had earlier approved moving the UNH representative’s report ahead of public comment so the student could attend, debated whether the change was substantively minor or required more technical work. Councilor Em Friedrichs argued the Council could craft a “win‑win” now by permitting a fourth story by right if it “has a pitched roof and dormers” and by reducing required commercial floors, saying this would avoid sending the matter back to the Planning Board and prolonging controversy. Several other councilors expressed concern that technical specifics—such as defining roof pitch and converting stories to feet—required input from Town Planner Michael Behrendt and consultant Doug Bencks.
Councilor Friedrichs moved an amendment to clarify that staff and the planner should draft language permitting a fourth story by right with a pitched roof and dormers and to remove the four‑story setback option; the motion failed on a roll call vote, 6‑3. Chair Pro Tem Sally Needell and Administrator Todd Selig reiterated that, as a Council‑initiated ordinance, the Council will finalize language before the Planning Board reviews it, and that Planning Board review and a public hearing remain part of the process.
The Council did not adopt any permanent change to the zoning code at the meeting. The ordinance remains active for further drafting and will be reviewed by staff and the Planning Board, which the Council said will hold its own public hearing once the Council approves final language.
What’s next: the Council asked staff to work with the planner and consultant to produce more detailed draft language, including precise height measurements in feet, before sending the ordinance to the Planning Board for review and a public hearing.
