(a)

District titles. The city is hereby divided into the following districts:

(b)

Boundary lines. The boundaries of these districts shall be the boundary lines laid down upon a map entitled "1977 Amended Zoning Map of the City of Keene," filed in the office of the city clerk, which map, including all the boundary lines and designations thereon, is hereby made a part of this chapter. The location of the boundary lines shown upon the zoning map shall be determined as follows:

(1)

Where the boundary lines are shown upon the map within the street lines of public or private streets or ways, the centerlines of such streets or ways shall be the boundary lines.

(2)

Where boundary lines are shown approximately on the location of the property or lot lines and the exact location of such boundary lines is not indicated by means of figures, distances or otherwise, the property or lot lines shall be the boundary lines.

(3)

Boundary lines located outside of street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines; and figures placed upon the map between such boundary lines and the street lines shall be the distances in feet of such boundary lines from the street lines, such distances being measured at right angles to the street lines, unless otherwise indicated.

(4)

In all cases which are not covered by this section, the location of boundary lines shall be determined by the distances in feet, if given, from other lines upon the map or, if no distances are given, by the scale of the map.

(5)

Whenever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined by the zoning administrator upon review of the official map on file with the city clerk. This decision may be appealed to the zoning board of adjustment.

(Code 1970, § 2302.0; Ord. No. O-2016-01-C, § 1, 10-19-2017 )

(a)

Generally. In each district as established by section 102-241, the use of land, buildings and structures shall be regulated as provided in divisions 2 through 20 of this article and as provided elsewhere in this chapter. The phrase "permitted use" means "permitted primary use."

(b)

Special exceptions. The granting of a permit for any use identified by the letters "SE" may be authorized by the zoning board of adjustment subject to any conditions or limitations specified.

(c)

Uses not permitted. No building, structure, or land in any district may be used, erected, or designed to be used, in whole or in part, for any use not allowed in divisions 2 through 20 of this article under that district, except nonconforming uses which may be continued under article III of this chapter pertaining to nonconforming buildings, structures and uses and subsection (e) of this section pertaining to planned unit development.

(d)

Uses subject to other regulations. Special exceptions and permitted uses shall be subject, in addition to use regulations, to such regulations of height, area, yard, setback, lot size and area, lot width, off-street parking, and to such other provisions as are specified in other sections of this chapter for the protection of the public health, safety and welfare.

(e)

Planned unit development (PUD). Any residential use permitted in a district may be by planned unit development. The only dimensional requirement under planned unit development is that there is a maximum number of dwelling units per acre. Planned unit development shall be administered as a subdivision. After advice and consideration by the planning board, the developer may choose to follow the planned unit development procedure rather than the standard subdivision procedure. The planning board also has the authority to approve locations and design of all structures, internal streets, walkways, parking area, landscaping, utilities and other amenities. Private water and sewer systems must have the written approval of the director of public works and the director of health. The planning board shall promulgate rules and regulations for planned unit development and file and record them in the same manner as the other subdivision regulations.

(f)

Conditional use permit. The granting of a permit for any use identified by the letters "CUP" may be authorized by the planning board subject to any conditions or limitations as specified herein or in the planning board's site plan/subdivision regulations.

(Code 1970, § 2303.0; Ord. No. O-2001-21B, § 2303.5, 9-5-2002)

The intent of the conservation (C) district is to provide for those lands which have been identified as necessary to preserve as open space because of their critical or delicate environmental nature. Such lands will be under the control of the conservation commission or in some other manner designed to be protected from normal private development.

(Code 1970, § 2305.1)

Permitted uses in the conservation (C) district are as follows:

(Code 1970, § 2305.1)

The intent of the conservation residential development (CRD) district to promote the conservation of natural resources while providing greater flexibility and creativity in the design of residential developments than would otherwise be possible following conventional zoning and subdivision practice. This purpose shall be accomplished by allowing for clustering of residential units on a portion of a tract at a higher density within the tract than would be allowed by the underlying zoning district, while designating a specified separate portion of the tract corresponding with identified conservation values as open space upon which use limitations shall be applied.

(Ord. No. O-98-22D, § 2328.1, 5-2-2002)

In the conservation residential development (CRD) district, the planning board is authorized to adopt rules and regulations necessary to administer, interpret, and implement this division.

(Ord. No. O-98-22D, § 2328.2, 5-2-2002)

In the conservation residential development (CRD) district, the following shall apply:

(1)

Conditional use permit. All proposals for a conservation residential development shall obtain a conditional use permit from the planning board, in accordance with RSA 674:21, innovative land use controls. The conditional use permit shall set forth all conditions of approval and shall clearly list all plans, drawings and other submittals that are part of the approved development.

(2)

Application procedure. Applications for a conditional use permit for a conservation residential development shall be made in accordance with the provisions of this section and the planning board's site plan and subdivision regulations.

(3)

Approval of application. A conditional use permit shall be issued by the planning board only if the conservation residential development complies with all the applicable regulations and development standards as outlined in this division and within the planning board's site plan/subdivision regulations and the applicant has satisfactorily employed the CRD design process for conservation residential developments as described in Section XV of the planning board's site plan/subdivision regulations.

(4)

Condominium proposals. Any conservation residential development that includes proposals for condominium ownership shall comply with all applicable state statutes regulating the condominium form of ownership.

(5)

Appeals. An appeal of a planning board decision relative to a conditional use permit under this section shall be to superior court in accordance with RSA 677:15.

(Ord. No. O-98-22D, § 2328.3, 5-2-2002)

Conservation residential development shall be permitted only in the rural, low density and low density-1 districts subject to the provisions of this section. All conservation residential developments shall have a minimum tract size as follows:

(Ord. No. O-98-22D, § 2328.4, 5-2-2002)

Permitted uses in the conservation residential development (CRD) district are as follows:

(1)

Residential uses. Residential uses shall be limited to single-family and duplex dwellings in the rural and low density-1 districts and accessory uses, including residential additions, garages, sheds, fences, gardens, tennis courts, swimming pools and other accessory uses and conditions as permitted in the zoning district underlying the conservation residential development. These uses may be located on individual residential parcels according to the minimum lot size standards as indicated in section 102-290, dimensional standards.

(2)

Multifamily uses. Multifamily uses, up to a maximum of six dwelling units per structure, shall be permitted in a conservation residential development within the low density-1 and low density districts. Accessory uses associated with multifamily dwelling uses shall be located only within the common land surrounding the dwelling structures.

(3)

Common land uses. Common land uses shall be limited to those accessory to the residential use of the proposed CRD. These uses may include parking areas, garages for multifamily developments, sheds, fences, garden areas, parks, playgrounds, athletic fields, tennis courts, swimming pools, club houses and other accessory or recreational uses as may be permitted in the zoning district underlying the conservation residential development. Uses of common land areas may be further restricted by rules as set forth by the ownership of the common land. Common land cannot be further subdivided.

(4)

Open space. Open space (land that is set aside by this division to meet the density and open space standards as set forth in section 102-289) uses shall be limited to conservation, agriculture, forestry and/or passive recreation. Uses of open space areas may be further restricted by rules as set forth by the ownership of the open space. Open space cannot be further subdivided.

(5)

Notation on plan. Each lot within a conservation residential development shall contain a notation on the plan identifying the use of said lot for one of the allowed use categories as specified in subsections (1), (3) and (4) of this section (residential, common land, or open space), and said notation shall not be altered without the approval of the planning board.

(Ord. No. 0-98-22D, § 2328.5, 5-2-2002)

(a)

The maximum number of single-family, duplex and multifamily dwelling units permitted in a conservation residential development shall be based upon the density options outlined in the following table as demonstrated by a yield analysis (see section 102-2 for definition). The yield analysis shall be a submittal requirement of the planning board's site plan/subdivision regulations. These density options may be combined in a conservation residential development, which may be phased or constructed over time, based upon demonstration to the planning board that such a combination would better fulfill the stated purpose of this section, as compared with applying a single density option to the property.

(b)

The minimum open space requirements for a conservation residential development are outlined in the following table. The minimum required open space within a conservation residential development shall be restricted in perpetuity as open space, by appropriate legal instrument, in a form satisfactory to the city attorney. Such instrument shall be binding upon the developer, its successors and assigns, and shall constitute a covenant running with the land, and be in recordable form. In designating land to be set aside as open space, none of the following lot areas shall be used to meet the open space requirements:

(1)

Area designated as residential for single-family, duplex, or multifamily dwellings;

(2)

Area designated as common land for accessory or recreational related uses as set forth in section 102-288, permitted uses;

(3)

Any land covered by impermeable material such as, but not limited to, paved and unpaved driveways and sidewalks.

Option 1 - Standard Density

Option 2 - Enhanced Density and Greater Conservation

In a conservation residential development containing any multifamily dwellings, the minimum open space required shall include an additional 5 percent of the tract to be designated as open space.

(Ord. No. O-98-22D, § 2328.6, 5-2-2002)

The implementation of the conservation residential development process requires design flexibility with respect to dimensional standards, to meet the purpose of this division. This division establishes several minimum dimensional standards as shown below, and authorizes the planning board to adopt additional minimum dimensional requirements as required to best fulfill the intent and spirit of this division. Any additional standards adopted by the planning board shall be set forth in the board's subdivision and site plan regulations pertaining to conservation residential developments. The planning board is further authorized to waive those dimensional standards set forth in the board's conservation residential development rules, on a case-by-case basis, to permit development designs that better meet the conservation interests and spirit of this division.

Footnotes:

¹ The minimum lot size is for single-family and duplex units only. There are no minimum lot size requirements for multifamily dwellings in a conservation residential development permitted in the low density-1 and low density districts.

² 10,000 square feet with city water.

³ Minimum frontage along a public way for a tract on which a conservation residential development is proposed.

⁴ Minimum street frontage for individual single-family and duplex lots within a conservation development.

The intent of the agriculture (A) district is to allow for farms and farmland, and to discourage nonagricultural activity. Agricultural-related educational and recreational activity as a business is intended to be small in scale, with an emphasis upon activities which are typical of, and compatible with, traditional state agricultural activities. Large-scale commercial recreation, even if agriculture related, is not suitable for this zone.

(Code 1970, § 2305.2)

Permitted uses in the agriculture (A) district are as follows:

(Code 1970, § 2305.2; Ord. No. O-2017-10-A; 10-19-2017 )

The intent of the rural (R) district is to provide for scattered, very low density development, predominantly of a residential or agricultural nature, which can be accommodated on the land without major disruptions of the natural terrain, vegetation, watercourses or surface drainage. Such lands are generally those outside of the valley floor and beyond where city water, sewer and other utilities can be readily supplied.

(Code 1970, § 2305.3)

Permitted uses in the rural (R) district are as follows:

(Code 1970, § 2305.3; Ord. No. O-2001-21B, § 2305.3, 9-5-2002; Ord. No. O-2011-11, 10-6-2011; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the low density (LD) district is to provide for low density/low intensity residential lots for single-family dwelling units. Intentionally excluded are commercial/industrial uses since they are not appropriate for a residential zone. All uses in this zone are required to have city water and sewer service.

(Code 1970, § 2305.4)

Permitted uses in the low density (LD) district are as follows:

(Code 1970, § 2305.4; Ord. No. O-2001-21B, § 2305.4, 9-5-2002; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the low density-1 (LD-1) district is to provide low density residential areas which are primarily detached single family homes on one lot of one acre or more in size served by city water and sewer. The low density-1 (LD-1) district is intended to be used in areas, which are located on the outer edge of available city municipal utilities. City sewer is required for all uses in this district. City water is required if sufficient volume and pressure is available as determined by the city public works department. If city water is available, lot sizes may be reduced to 20,000 square feet in size. Onsite wells are required where city water is not available. Also lots with onsite wells shall be required to comply with the National Fire Protection Association, NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting. Commercial/industrial uses are excluded from this zone.

(Ord. No. O-2001-03, § 2305.5, 6-21-2001)

Permitted uses in the low density-1 (LD-1) district are as follows:

(Ord. No. O-2001-03, § 2305.5, 6-21-2001; Ord. No. O-2001-21B, § 2305.5, 9-5-2002; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the medium density (MD) district is to provide for a medium density/medium intensity residential area. There is a very limited number of other uses permitted which are associated with a residential setting. Normal commercial/industrial uses are excluded. All uses in this zone are required to have city water and sewer service.

(Code 1970, § 2305.5; Ord. No. O-2015-06, 11-19-2015 )

Permitted uses in the medium density (MD) district are as follows:

(Code 1970, § 2305.5; Ord. No. O-2015-06, 11-19-2015 ; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the high density (HD) district is to provide for a high density/high intensity residential area with no limit on the number of residential units per structure other than those requirements in section 102-791 pertaining to the table of basic zone dimensional requirements. The nonresidential uses permitted are only those associated with or as a service to residential uses. Normal commercial/industrial uses are excluded. All uses in this zone are required to have city water and sewer service.

(Code 1970, § 2305.6)

Permitted uses in the high density (HD) district are as follows:

(Code 1970, § 2305.6; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the high density-1 (HD-1) district is to provide for a high density/high intensity residential development in buildings up to three stories in height. City water and city sewer is required for all uses. The district must have frontage on the following list of street locations, and all vehicle access, other than gated emergency access, must be from these streets. Commercial/industrial uses are excluded from this zone. The street locations on which frontage is required are as follows:

(1)

Court Street, on the west side from Westview Street to Maple Avenue and on the east side from Evergreen Avenue to Maple Avenue.

(2)

Maple Avenue.

(3)

Marlboro Street, from Main Street to Eastern Avenue.

(4)

Park Avenue.

(5)

Washington Street.

(6)

West Street, from Central Square to Park Avenue.

(7)

Winchester Street.

(Code 1970, § 2305.7; Ord. No. O-96-37, § 2305.8, 4-3-1997)

Permitted uses in the high density-1 (HD-1) district are as follows:

(Code 1970, § 2305.7; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the central business (CB) district is to be the center or hub of the community. The zone provides commercial, financial, retail, government and multifamily uses oriented primarily toward pedestrian access. A mixture of uses side by side and in the same structure is to be encouraged.

(Code 1970, § 2305.8)

Permitted uses in the central business (CB) district are as follows:

(Code 1970, § 2305.8; Ord. No. O-2009-02-A, 5-21-2009; Ord. No. O-2010-07-A, 12-16-2010)

The intent of the central business limited (CBL) district is to be an extension of the central business zone. It is next to the CB zone and is oriented toward vehicular access rather than pedestrian. The uses permitted are expanded to include those that would require larger lots than are available in the CB zone. On-site parking is required as is on-site landscaping and buffering when abutting residential zones.

(Code 1970, § 2305.9)

Permitted uses in the central business limited (CBL) district are as follows:

(Code 1970, § 2305.9; Ord. No. O-2009-02-A, 5-21-2009)

The intent of the commerce (COM) district is to provide an area for intense commercial development. The sites are typically accessed by vehicles, and more than one business in a building would be typical, as would shopping plazas.

(Code 1970, § 2305.10)

Permitted uses in the commerce (COM) district are as follows:

(Code 1970, § 2305.10; Ord. No. O-2009-02-A, 5-21-2009)

The intent of the commerce limited (CL) district is to provide for commercial uses that require larger land areas than the intense commercial uses in the commerce (COM) zone and do not have such intense customer vehicle traffic. Additionally, the zone is intended for light industrial and combined commercial/industrial uses. Curb cuts shall be a minimum of 150 feet from any intersection. Curb cuts shall be a minimum of 450 feet apart, except that each lot shall be entitled to access either through its own curb cut or by a common curb cut shared with other lots. City water and sewer are required.

(Code 1970, § 2305.11)

Permitted uses in the commerce limited (CL) district are as follows:

(Code 1970, § 2305.11; Ord. No. O-2009-02-A, 5-21-2009)

The intent of the office (O) district is to provide for noncommercial offices within walking distance to the downtown. The uses are intended to be low intensity such as professional offices. This zone is intended also to serve as a buffer between the intense uses such as those in the central business, central business limited, commerce zones, and residential areas.

(Code 1970, § 2305.12)

Permitted uses in the office (O) district are as follows:

(Code 1970, § 2305.12; Ord. No. O-2017-10-A, 10-19-2017 )

The intent of the industrial (I) district is to provide for manufacturing, processing, assembling, wholesaling; transportation-oriented activities and related services such as trucking, warehousing, refueling depots. Retail sales and offices are intended to only be accessory to the main uses in this district.

(Code 1970, § 2305.13)

Permitted uses in the industrial (I) district are as follows:

(Code 1970, § 2305.13 Ord. No. O-98-13-A, § 2305.13, 2-4-1999; Ord. No. O-2009-02-A, 5-21-2009)

The intent of the industrial park (IP) district is to provide for those manufacturing and assembling activities which add value to a product. The character of this district will, by its nature, be one of a relatively low-intensity use of the land, providing for concerns which create the greatest employment opportunities, especially labor intensive rather than land intensive uses, and excluding service operations and sales activities except those minor sales which may be accessory to the primary use. Aesthetically, this is to be the industrial area over which are exerted the greater site controls.

(Code 1970, § 2305.14)

Permitted uses in the industrial park (IP) district are as follows:

(Code 1970, § 2305.14; Ord. No. O-2000-33, § 2305.15, 5-3-2001)

The intent of the industrial park limited (IPL) district is to provide for warehousing; bulk storage; storage of heavy construction equipment and supplies; research and development; and manufacturing, processing, and assembling in areas where there is adequate access but where municipal water and sewer will not be provided. It is the intent of this zone that sites will be developed to a low intensity, with the use of on-site wells and septic systems. Adequate fire flow may require on-site storage tanks. This zone allows for some limited types of industrial activity to take place in outlying areas without resulting in a demand for city sewer and water.

(Code 1970, § 2305.15)

All uses within the industrial park limited (IPL) district must comply with the following performance standards:

(1)

Outside storage. Outside storage of construction equipment shall require visual screening from public ways and from adjacent conservation or residential properties.

(2)

Buffer zone. All buildings shall be a minimum of 200 feet from any public way, and all paved surfaces, except driveways, shall be a minimum of 50 feet from any public way. This requirement must be met in addition to any zone dimensional requirements.

(3)

Service roads. Common driveways and service roads shall be encouraged and may, through the site plan review process, be required. Frontage requirements can be met along a service road which has been approved by the planning board.

(4)

Flammable liquids. On-site storage of flammable liquids incidental to a permitted use shall not exceed 10,000 gallons.

(5)

Wastes. No wastes may be discharged to surface waters or subsurface disposal systems without required federal and state permits. Additionally within this zone, all occupants must obtain an industrial discharge permit from the city, in accordance with article VI of chapter 98 pertaining to industrial pretreatment. This requirement is based upon the recognition that industrial septage brought to the sewer treatment plant is as much of a concern as industrial sewage discharged into municipal sewer lines.

(6)

Site plan review. In recognition of the potential impacts of industrial use in areas not served by municipal sewer and water, site plan approval from the planning board shall be required within this zone for all new construction, expansion, change of use, or change of occupancy.

(Code 1970, § 2305.15)

Permitted uses in the industrial park limited (IPL) district are as follows:

(Code 1970, § 2305.15; Ord. No. O-2000-33, § 2305.16, 5-3-2001)

The intent of the corporate park (CP) district is to allow industrial and large-scale office activity in a park-like setting in areas where city sewer and water will be required. Visual appearance of buildings and sites is an important consideration, to ensure the park setting. It is intended that in this zone, on-site client services or retail activity will be limited to those uses which are: (i) clearly accessory to a primary business; or (ii) necessary as support services to provide a successful corporate park environment. It is the intent of this zone to preclude small offices, except those accessory to permitted uses, in accordance with the master plan objective of retaining most office use in the general downtown area.

(Code 1970, § 2305.16)

In the corporate park (CP) district, all lots shall have frontage and access on a public road. For purposes of this zone, frontage shall be allowed on an internal access road, and such access shall normally be encouraged. All lots in this zone shall have access either directly or through an internal access road to an arterial road. To protect the capacity of arterial roads, curb cuts onto an arterial road within this zone shall be at least 1,000 feet apart.

(Code 1970, § 2305.16; Ord. No. O-2002-16, § 2305.16, 1-16-2003; Ord. No. O-2005-18, 12-1-2005)

In the corporate park (CP) district, at least 40 percent of the parcel shall be vegetated or natural. Setbacks, buffer zones and areas required for stormwater detention may be included in this 40 percent.

(Code 1970, § 2305.16)

In the corporate park (CP) district, all outside storage areas and security fences shall be screened from adjacent properties and all public roads with a buffer area of at least 25 feet in depth. Berming is encouraged, and screening shall be through the use of trees and shrubs of a size and type suitable to provide adequate visual screening.

(Code 1970, § 2305.16)

In the corporate park (CP) district, all parking lots of 30 spaces or more shall require a landscaped exterior buffer of at least ten feet in depth which shall include at least one tree of at least three inches in caliper for every ten parking spaces. Berming is encouraged to limit the visual impact of large parking areas from public roads and adjacent properties.

(Code 1970, § 2305.16)

In the corporate park (CP) district, any outside storage, including commercial vehicles and construction equipment parked on the site on a regular basis, must be adequately visually screened from all surrounding lots and public roads (see screening and minimum landscaping requirements).

(Code 1970, § 2305.16)

In the corporate park (CP) district, city sewer and water are required.

(Code 1970, § 2305.16)

No more than 100 tractor trailer trips per day will be permitted for any business within the corporate park (CP) zone. For purposes of this chapter, each entering or exiting by a tractor trailer will be counted as a trip.

(Code 1970, § 2305.16)

Principal permitted uses in the corporate park (CP) district are as follows:

(Code 1970, § 2305.16; Ord. No. O-2005-14-B, 7-14-2005)

Secondary support services permitted uses in the corporate park (CP) district are as follows:

(Code 1970, § 2305.16)

The intent of the regional health care (HC) district is to provide for inpatient and outpatient health care ranging from wellness and education programs to care for the acutely and chronically ill. This district recognizes the integrated and interdependent nature of this use, the importance of accessibility of health care to the public and of the health care industry to this region. The district also recognizes the virtue of maintaining natural land features. In addition to primary health care facilities, this district recognizes the need for an allows for uses which are:

(1)

Clearly accessory to a primary health care use; and/or

(2)

Necessary as support services to provide a successful health care delivery system.

(Code 1970, § 2305.17)

In the regional health care (HC) district, the buildings in existence at the time of adoption of the ordinance from which this division derives shall be considered conforming.

(Code 1970, § 2305.17)

In the regional health care (HC) district, all paving, including driveways, must provide a ten-foot setback to all directly abutting residential property and must provide landscaping/shrubbery and/or fencing a minimum of four feet high to all directly abutting residential property.

(Code 1970, § 2305.17)

The regional health care (HC) district should have landscaping, including shrubs and trees, to maintain a campus appearance.

(Code 1970, § 2305.17)

Permitted principal uses in the regional health care (HC) district are as follows:

(Code 1970, § 2305.17)

Secondary support services permitted uses in the regional health care (HC) district are as follows:

(Code 1970, § 2305.17)

The intent of this residential preservation district (RP) is to create an additional downtown zoning district to provide and/or re-create a neighborhood of residential properties that prioritizes family units. The district has a mix of small to large residential house types. There are shallow front setbacks and shallow to medium side setbacks; with variable, private landscaping, streets with curbs, sidewalks, and shade trees that define medium to large blocks.

(1)

Prioritize residential uses with proximity to small, urban green spaces connected to walk and bike locations along and into the connecting streets and districts;

(2)

Encourage an environment where buildings are arranged, sized and scaled according to the needs and comfort of pedestrians;

(3)

Encourage and/or maintain walk and bike-friendly connections throughout the district and along streets;

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Any mixture of these primary uses is permitted.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Refer to Table 1 in section 102-791, basic zone dimensional requirements.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

The intent of this section is to create an additional downtown zoning district to enhance the economic vitality of the area by re-developing with new technology companies as well as clean manufacturing, processing, assembling and wholesaling businesses within a walkable, human-scaled place. The district provides height, density, and mixed-use incentives to attract redevelopment adjacent to Keene's urban core. Existing infrastructure and services as well as access to the Cheshire Rail Trail offers smart growth opportunities. Creative development is encouraged alongside the Beaver Brook corridor, utilizing Keene's environmentally-progressive planning policies and adaptive re-use tradition:

(1)

Create conditions suitable to co-exist adjacent to residential neighborhoods;

(2)

Create conditions which support that of a high quality, walkable community; a "walkable community" being an economically thriving, livable, aesthetically harmonious, ecologically-sustainable place that gives their residents a variety of safe transportation choices and improved quality of life.

(3)

Create a sense of place through enhancing public access, providing landscape amenities, ensuring proper lighting and promoting an aesthetically-pleasing streetscape;

(4)

Connect uses and buildings while prioritizing pedestrian and bicycle access separate from vehicular access;

(5)

Utilize the construction of new and adaptive re-use of existing buildings as opportunities to create "outdoors rooms", a critical element of "place-making"; aiming for ratios of building facades to roadway widths from 1:2 to 3:2;

(6)

Recognize the role of large street trees which plays an important role in creating a pedestrian scale. Pedestrian comfort being another critical element to the vitality of these new places being created;

(7)

Reduce the impacts of parking through its placement behind or alongside buildings;

(8)

Provide open space and landscaping to create small, public spaces for social interaction, enhancing the visual appearance and appeal of the individual properties along Marlboro Street and connecting streets;

(9)

Provide trails for pedestrians and bicyclists to ensure that Keene's walkable and bicycle-friendly environment is extended along Marlboro Street and into the connecting streets and neighborhoods;

(10)

Provide pedestrian amenities such as kiosks, stands, street furniture, drinking fountains, trash and recycling receptacles,

(11)

Enhance the visual appearance of the individual properties, Marlboro Street, and connecting streets;

(12)

Provide location-sensitive transitions between neighborhoods and uses along Marlboro Street; and

(13)

Provide shade and public spaces for social interaction.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Any mixture of these primary uses is permitted:

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

(1)

Buildings may have more than one principal façade and/or entry.

(2)

New buildings which have a property line along Beaver Brook are encouraged to face Beaver Brook as an amenity.

(3)

For ecological and aesthetic reasons, the city encourages Beaver Brook's Floodway, i.e., "no-build setback strip" to be maintained as an open, strip of native grasses and wildflower meadow from NH Route 12 to Railroad Street. The city also encourages an easement be granted to the city for a walking and bicycling trail connection along this floodway from NH Route 12 along Beaver Brook to the city's rail trail connection at Water Street.

(4)

Service alleys shall be no more than 15 feet wide.

(5)

Lighting and windows onto a service alley shall be placed at regular, evenly-spaced intervals.

(6)

Ground-level HVAC units are not permitted unless completely screened from street, sidewalk, path and street views.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Application procedures and information required:

(a)

Upon application, the zoning administrator shall begin the process for evaluating whether or not a project is eligible for the incentives contained within the BGR district. The applicant shall be responsible for submitting a letter of intent, application form and application fee (collectively identified as the "application") to the zoning administrator to initiate this process.

(b)

The letter of intent, signed by the applicant and property owner, or his authorized agent, shall include a narrative that addresses the following:

(1)

A description of the complete project and what strategies will be employed to obtain a green building certification.

(2)

The green building system and level of attainment proposed for the project.

a.

LEED®, Green Globes, the National Green Building Standard (ICC 700), and the International Green Construction Code are the acceptable Green Building Rating systems for this article.

b.

Demonstrated compliance with these systems will permit pre-certification.

(3)

All necessary information to allow an informed decision regarding the applicant's ability to comply with the chosen rating system.

(4)

Statement that the applicant releases the City of Keene, its officers, employees, agents and servants from any liability if the applicant is unsuccessful in efforts to attain green building certification or equivalent, as identified in this article.

(c)

With the letter of intent, the applicant will choose a third party reviewer from a listing of third party reviewers maintained by the code enforcement department. The applicant can provide a third-party nomination to the code enforcement department, but acceptance of the third party shall be at the sole discretion of the department. The costs and expenses of the third-party reviewer shall be paid by the applicant at the time of the filing of the application. Within 35 business days, the third-party reviewer will make a determination of the project's ability to achieve a minimum green building pre-certification status for one of the following rating systems:

(d)

Within ten business days after receipt of third-party review, results and commentary, the zoning administrator shall determine in writing if the project is:

(1)

Eligible for BGR district incentives, or

(2)

Ineligible for BGR district incentives.

(e)

Once the zoning administrator has issued a decision that the project is eligible, the applicant cannot change the proposed green building rating system without first obtaining the approval of the zoning administrator. In making this re-determination, the zoning administrator may require that the proposed change(s) be submitted to a third-party reviewer as provided by this article.

(f)

Upon application, the applicant shall submit the review of the third-party and any acceptances or certifications from green rating agencies to demonstrate compliance with the proposed green building rating system or code.

(g)

Prior to the issuance of a certificate of occupancy, the zoning administrator shall receive certification or documentation from the qualified third-party reviewer that the as-built project has achieved the proposed rating system. No certificate of occupancy or temporary certificate of occupancy shall be issued without demonstrated evidence supplied by the applicant and third-party reviewer that the project has achieved the proposed level of green building compliance.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Refer to Table 1 in section 102-791, basic zone dimensional requirements.

(1)

A new structure constructed within the BGR District shall have no fewer than two stories.

(2)

Projects that meet eligibility requirements may take advantage of additional building height opportunities.

(3)

With regard to the front building setback of five feet from any Marlboro Street property line, minor deviations equal to a maximum of 25 percent of street frontage are permitted for parks, open space, plazas or such architectural features as recesses, niches, ornamental projections, entrance bays, or other articulations of the façade, unless otherwise prohibited by City Code.

(4)

With regard to the front building setback of ten feet from any other street frontage property line in the BGR District, minor deviations equal to a maximum of 33 percent of building frontage are permitted for parks, open space, patio space or such architectural features as recesses, niches, ornamental projections, entrance bays, or other articulations of the façade, unless otherwise prohibited by City Code.

(5)

First floors are encouraged to be designated for vehicular or bicycle parking only. An additional story of building height is offered as an incentive.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

(1)

Parking regulations. Shared parking to reduce the total number of parking spaces required for properties within this zone will be allowed as permitted under chapter 102 zoning: article XIV. Shared paring with the Sustainable Energy Efficient Development (SEED) Overlay.

(2)

Parking lots shall not be permitted at transition points into and out of the BGR district unless screened with landscaping and/or, fencing, existing buildings, new buildings.

(3)

Parking lots shall be located at the rear or side of a building(s).

(4)

The following parking requirements shall apply for an eligible project:

(a)

This article shall supersede parking requirements established in section 18-253.

(b)

Shared parking shall be permitted, pursuant to section 102-1450 - section 102-1456;

(c)

The maximum allowable distance between any property and the location of any off-site parking shall be 750 feet, pursuant to section 102-978;

(5)

The number of parking spaces required for eligible projects within the BGR zoning district shall comply with the parking requirements established in table II: parking calculations for eligible projects within the BGR zoning district.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

The intent of this section is to create an additional downtown zoning district that allows mixed-use development of small businesses to support the adjacent neighborhoods and workplaces. The district is intended to enhance the visual character of the existing commercial corridors as well as to encourage site designs that promote pedestrian circulation, small urban parks and transportation alternatives along Marlboro Street. Some uses which are not retail or service in nature are also allowed so that a variety of uses may locate in existing buildings. Uses are restricted in size to promote a local scale and to limit adverse impacts on nearby residences. Development is intended to be pedestrian-oriented and compatible with surrounding residential areas. A mixture of uses side by side and in the same structure is to be encouraged. Location of parking is limited, since its appearance is generally out of character with the surrounding residential development.

(1)

Reduce the multiple impacts of automobile parking by limiting the number of spaces per parcel, avoiding large expanses of automobile parking lots facing the streets while providing safe, secure and convenient bicycle parking opportunities.

(2)

Utilize the construction of new and adaptive re-use of existing buildings as opportunities to create "outdoors rooms", a critical element of "place making"; aiming for ratios of building facades to roadway widths from 1:2 to 3:2;

(3)

Utilize large street trees which also play an important role in creating a pedestrian scale. Pedestrian comfort being another critical element to the vitality of new places being created;

(4)

Create walk and bike-friendly connections throughout the district and along streets.

(5)

Create an outdoor experience adjacent to buildings, different from the downtown.

(6)

Connect uses and buildings within the Neighborhood Business Districts through pedestrian and vehicular access, prioritizing pedestrian and bicycle access above vehicular access.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Any mixture of these primary uses is permitted:

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

Refer to Table 1 in section 102-791, basic zone dimensional requirements.

( Ord. No. O-2016-01-C, § 2, 10-19-2017 )

(1)

Shared parking to reduce the total number of parking spaces required for properties within this zone will be allowed as permitted under zoning: article XIV. Shared paring with the sustainable energy efficient development (SEED) overlay, chapter 102-1450.

(2)

Parking shall be otherwise in conformance with section 102-793, minimum parking requirements of these regulations.

(3)

Parking lots shall be located at the rear of the building.

( Ord. No. O-2016-01-01-C, § 2, 10-19-2017 )