Proposal to ease Keene's accessory dwelling rules wins panel's support
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Proposal to ease Keene's accessory dwelling rules wins panel's support

Dec 12, 2023

Keene city councilors are poised to vote next week on a zoning ordinance that would modify the dimensional standards for accessory dwelling units and allow them citywide.

On Wednesday, members of the council's Planning, Licenses and Development Committee unanimously recommended the ordinance, which was first introduced to the panel in April during a joint meeting with the planning board.

City staff have said the proposed amendment to Keene's Land Development Code would increase opportunities to develop accessory dwelling units, which are small residences added to homeowners’ properties. Since 2017, the city has signed off on 10 ADUs, and this change could pave the way for more.

The ordinance's primary change would allow ADUs in any district and on any lot that contains a single-family dwelling, including any lots with legal non-conforming single-family dwellings. This refers to structures that are legally allowed in a certain district, but don't conform to Keene's current zoning regulations.

Under existing rules, ADUs that are attached to a property's principal dwelling — typically a house — are permitted in most districts of the city, whereas detached ADUs are permitted only in the low-density agriculture and rural districts. The new ordinance would allow attached and detached ADUs in all districts.

According to N.H. Housing, the state authorized ADUs in 2017 to expand the supply of affordable housing in communities without further land development, as well as to encourage efficient property use.

New Hampshire is facing a significant deficit in affordable housing.

A recent Keene housing needs report by Camoin Associates, a New York-based consulting group, estimates that to meet the growing demand for housing in the city, an additional 1,400 units will be needed over the next 10 years. The report recommends Keene encourage the development of ADUs.

Councilor Kate Bosley, chairwoman of the PLD committee, said the proposed ordinance is "going to be a great tool in the toolbox" for the city.

"It will allow detached units, which has not been the case prior, and that can allow for out-building conversions like garage conversions," she said. "There are a certain amount of primary residences that exist in zones like commercial zones that were previously excluded, but will now have the opportunity."

If approved, the amendment would also remove the minimum required gross floor area of the accessory unit (400 square feet) and set the maximum allowable floor area to 1,000 square feet.

In addition to the ordinance spurring a modest expansion of affordable living options, Bosley said she thinks the eased restrictions on detached ADUs could make these units more desirable for both developers and tenants.

"Because a lot of times, people have an existing structure that they can repurpose into an ADU," she said. "And it saves on the cost of construction potentially, and it gives people some space between them and a prospective tenant so they’re not sharing common walls, which I would consider to be an advantage."

City Manager Elizabeth Dragon stated during the meeting that about a year ago, she looked into developing an ADU at her house in the commerce district, which currently does not allow for that.

"So I was not able to access the ADU ordinance because I wasn't in the single-family district," she said. "Just the fact that we’re opening up the ability to create an ADU in all of our districts is going to open up a lot more possibilities for people."

Councilor Phil Jones said he's heard concerns that owners would rent ADUs out as temporary off-campus housing for college students.

"Do we have protections for that?" he asked.

Evan Clements, a planner for the city, responded that there are currently no proposals to regulate how ADUs are used other than that the property owner must live in either the principal dwelling or the ADU itself.

Bosley said she thinks it unlikely that ADUs would be used for student housing.

"Right now I’m pretty confident that these would be for regular individuals or for families that want to do a swap," she said. "Maybe the empty-nesting parents move into the [ADU], and the kids take over the house."

Councilor Michael Giacomo added that even if college students move into ADUs, this would free up houses and rental apartments for others.

The full city council is slated to vote on the ordinance at its June 15 meeting, scheduled for 7 p.m. at city hall.

Hunter Oberst can be reached at 355-8546, or [email protected].

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