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The original item was published from 1/5/2018 12:23:00 PM to 1/5/2018 12:24:53 PM.

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Lebanon Planning & Development

Posted on: January 4, 2018

[ARCHIVED] Proposed Amendments to the Zoning Ordinance for 2018 Municipal Ballot

The Lebanon City Council will hold public hearings on January 17, 2018 beginning at 7:00 p.m. in City Hall Council Chambers for the following items.

Proposed Zoning Amendments on 2018 Municipal Ballot

Public Hearing for the purpose of receiving public input and taking action to place proposed zoning amendments on the 2018 Municipal Ballot, as follows:

Amendment #1 - To allow “Accessory Dwelling Unit per Section 610” as a Permitted Use instead of by Special Exception in the R-1 and R-2 Districts (Zoning Ordinance Sections 308.2 and 309.2) 

Amendment #2 - To remove “Private education facility conversion per Section 601”, “Library or museum conversion per Section 601” and “Theater, concert hall, movie theater conversion per Section 601” as uses permitted by Special Exception in the R-2 District (Zoning Ordinance Sections 309.2)

Amendment #3 – To add new 302.2 (Accessory Uses), eliminate “Accessory Use to a Permitted Use” from the Permitted Uses of all zoning districts, and eliminate “Accessory Use to a Use Permitted by Special Exception” from the Special Exception Uses of all zoning districts (Zoning Ordinance Sections 302.2, and all Article III Tables of Uses)

Amendment #4 - To add a minimum setback of 100 feet from any residence on another lot located in any residential district, other than the RL-3 District, for Agricultural uses involving the raising of cows, horses, pigs, poultry and other livestock in RL-1, RL-2, and RL-3 Districts (Zoning Ordinance Sections 312.4, 313.4, and 314.4)

Amendment #5 - Proposed Zoning Map Change from R-1 to RL-3 for a portion of the property located at 220 Mascoma St (M/L 89-8). The primary purpose of the amendment is to conform with the adopted 2012 Master Plan Future Land Use Map by acknowledging that characteristics of the land, including floodplain, steep slopes, and wetlands are consistent with Rural Lands designation as opposed to high-density residential district. (Zoning Map Change)

Amendment #6 - Proposed Zoning Map Change from R-1 to RL-3 for properties located at 0 Mascoma Street (M/L 74-8-100), 00 Mascoma Street (M/L 74-8-200), 00 Mascoma Street (M/L 74-7), 204 Old Pine Tree Cemetery Road (M/L 74-6), 198 Old Pine Tree Cemetery Road (M/L 74-5), and 0 Old Pine Tree Cemetery Road (M/L 74-4). The primary purpose of the amendment is to conform with the adopted 2012 Master Plan Future Land Use Map by acknowledging that characteristics of the land, including steep slopes, and wetlands are consistent with Rural Lands designation as opposed to high-density residential district. (Zoning Map Change)

Amendment #7 - Proposed Zoning Map Change from RO-1 and R-3 to RL-3 for properties located at 0 NH Route 120 (M/L 77-127), and 0 Evans Drive (M/L 63-4). The primary purpose of the amendment is to conform with the adopted 2012 Master Plan Future Land Use Map by acknowledging that characteristics of the land, including floodplain and wetlands are consistent with Rural Lands designation as opposed to residential and residential office districts. (Zoning Map Change)

If approved by the Lebanon City Council, proposed Zoning Amendments numbers 1 through 7 above, and additional amendments that may be incorporated into the documents during the public hearing will be placed on the March 2018 ballot for voter consideration.


Proposed Amendments to the Zoning Ordinance for Council Adoption

Public Hearing for the purpose of receiving public input and taking action on proposed zoning amendments for adoption by the City Council, as follows:

Amendment #1 - To add Enhanced Performance Standards as an Innovative Land Use Control to allow for and regulate uses permitted by Conditional Use Permit (CUP); to move certain uses from a Special Exception Use to a new “Uses Permitted By Conditional Use Permit (See Section 302.4)” in the IND-L, IND-RA, IND-H, GC, CBD and MC Districts; to clarify non-residential uses permitted by CUP in the IND-L District may be allowed in an Industrial PUD; to clarify uses permitted by CUP within the Industrial/Office Sector of a Planned Business Park; to clarify conforming use status for pre-existing uses allowed by Condition Use; and to amend definition of “Conditional Use” (Zoning Ordinance Sections 302.4 (new), 303.2, 303.4, 303.5, 303A.2, 304.2, 305.2, 306.2, 306.4, 315.1, 315.2, 501.4.D, 508.4.C, 704, and Appendix A)

Amendment #2 - To return Section 213 (“Impact Fees”), subsection 5 (“Standards and Basis of Assessment”) back to original 2009 language to cover conversions for all new development, and to eliminate Section 213.5.E (conversions for new residential development) (Zoning Ordinance Sections 213.5 and 213.7)

Amendment #3 - To allow “Accessory Dwelling Unit per Section 610” as a Permitted Use instead of by Special Exception in the R-O, RO-1, and PB Districts (Zoning Ordinance Sections 311.2, 311A.2 and 311B.2)

Amendment #4 - To allow “Library or museum conversion per Section 601” and “Theater, concert hall, movie theater conversion per Section 601” as uses permitted by Special Exception R-O District (Zoning Ordinance Sections 311.2)

Amendment #5 - To amend Section 205 to allow a “Group Residence” to include more than one principal building on a lot when approved by the Planning Board as part of a Site Plan Review; and to amend definition of “Group Residence” (Zoning Ordinance Sections 205.3 and Appendix A)

Amendment #6 - To amend Section 601.2 to allow off-street parking for conversions to occupy the front yard if such parking areas legally existed as of 2013. (Zoning Ordinance Section 601.2.A)

Amendment #7 - To clarify the exceptions to the maximum off-street parking requirement (Zoning Ordinance Section 607.3.C)

Amendment #8 - To add “Retail Showroom per Section 303.5 (less than 10%)” as a Permitted Use in the IND-L District. (Zoning Ordinance Section 303.2)

Amendment #9 - To move “Drive-through facility” from a Permitted Use to a Special Exception in the CBD District. (Zoning Ordinance Section 306.2)

Amendment #10 - To amend Section 607.5.B to allow the Planning Board to approve private off-lot parking as a Conditional Use for conversions of residences to multi-family dwellings during Site Plan Review process. (Zoning Ordinance Section 607.5.B)

Amendment #11 - To eliminate minimum size threshold for ADUs. (Zoning Ordinance Section 610.E)

Amendment #12 - To clarify Section 611.A regarding the number of hens allowed to be kept on any tract of land. (Zoning Ordinance Section 611.A)

Amendment #13 - To eliminate definition of “Accessory Wind Energy Facility” (Note: the existing definition of “Accessory Wind Energy System” remains unchanged). (Zoning Ordinance Appendix A)

Amendment #14 – Proposed Zoning Map Change from IND-H to RL-1 and RL-3, and from RL-3 to RL-1 for portions of properties located at 0 Hall Road (M/L 159-6), 0 Hall Road (M/L 159-7), 17 Hall Road (M/L 159-3), 38 Hall Road (M/L 159-5), 0 Poverty Lane (M/L 161-4), 0 Civil Air Patrol Road (M/L 131-6), 53 Trues Brook Road (M/L 159-1). The primary purpose of the amendment is to bring the zoning into conformance with the adopted 2012 Master Plan Future Land Use Map which identifies this area as “rural”.(Zoning Map Change)

Amendment #15 – Proposed Zoning Map Change from NC to RL-2 for portions of properties located at 0 Hillside Dr (M/L 84-6), 5 Hillside Dr (M/L 84-3), 7 Hillside Dr (M/L 84-4), 8 Hillside Dr (M/L 84-5), 0 Manchester Dr (M/L 98-26), 0 Manchester Dr (M/L 84-47-2), 5 Manchester Dr (M/L 84-47-1), 6 Manchester Dr (M/L 84-2), 10 Manchester Dr (M/L 98-4), 13 Manchester Dr (M/L 98-25), 0 NH Route 4A (M/L 98-16), 0 NH Route 4A (M/L 98-8), 0 NH Route 4A (M/L 98-23-200), 0 NH Route 4A (M/L 84-47-3), 57 NH Route 4A (M/L 84-42), 61 NH Route 4A (M/L 84-43), 65 NH Route 4A (M/L 84-44), 67 NH Route 4A (M/L 84-45), 69 NH Route 4A (M/L 84-46), 73 NH Route 4A (M/L 98-5), 74 NH Route 4A (M/L 98-24), 77 NH Route 4A (M/L 98-6), 78 NH Route 4A (M/L 98-23-100), 83 NH Route 4A (M/L 98-7), 86 NH Route 4A (M/L 98-22), and 92 NH Route 4A (M/L 99-2). The primary purpose of the amendment is to bring the zoning into conformance with the adopted 2012 Master Plan Future Land Use Map which identifies this area as “Residential – Low Density”. (Zoning Map Change)

Amendment #16 - Proposed Zoning Map Change from R-2 to R-0 for a portion of the property located at 75 Bank Street (M/L 92-78). The primary purpose of the amendment is to bring the zoning into conformance with the existing low-intensity mix of uses on surrounding properties in Bank Street corridor. (Zoning Map Change)

Amendment #17 - Proposed Zoning Map Change from R-2 to R-O for portions of properties located at 3 School St (M/L 92-129), 8 School St (M/L 92-6), 10 School St (M/L 92-5), 11 School St (M/L 92-217), 14 School St (M/L 92-4), 15 School St (M/L 92-218), 17 School St (M/L 92-219), 18 School St (M/L 92-3), 19 School St (M/L 92-220), 22 School St (M/L 92-2), 23 School St (92-221), and 29 School St (M/L 92-222). The primary purpose of the amendment is to bring the zoning into conformance with the adopted 2012 Master Plan Future Land Use Map which identifies this area as “mixed use”.  (Zoning Map Change)

Amendment #18 - Proposed Zoning Map Change from R-3 to CBD, and from CBD to R-3 for portions of properties located at 6 Atwood Ave (M/L 72-59), 7 Atwood Ave (M/L 72-61), 8 Bridge St (M/L 72-28), 1 Central Ave (M/L 72-62), 5 Central Ave (M/L 72-63), 7 Central Ave (M/L 72-64), 3 Church St West (M/L 72-85), 6 Crafts Ave (M/L 58-87), 8 Main St (M/L 86-23), 30 Main St (M/L 72-83), 36 Main St (M/L 72-81), 70 Main St (M/L 72-78), 80 Main St (M/L 72-71), 3 Maple St (M/L 86-24), 15 Maple St (M/L 72-44) 19 Maple St (M/L 72-45), 110 N Main St (M/L 72-34), 99 N Main St (M/L 72-31), 112 N Main St (M/L 72-33), 105 N Main St (M/L 72-32), 5 Prospect St West (M/L 72-36), and 16 Tracy St (M/L 72-76). The primary purpose of the amendment is to ensure the zoning allows full utilization of CBD lots for commercial purposes. (Zoning Map Change)

Amendment #19 - Proposed Zoning Map Change from R-2 to R-O for portions of properties located at 59 S Main St (M/L 86-59), 61 S Main St (M/L 86-60), 67 S Main St (M/L 86-61), 69 S Main St (M/L 101-25), 77 S Main St (M/L 101-26), 89 S Main St (M/L 101-27), 93 S Main St (M/L 101-28), 95 S Main St (M/L 101-29), and 97 S Main St (M/L 101-30). The primary purpose of the amendment is to bring the zoning into conformance with the adopted 2012 Master Plan Future Land Use Map which identifies this area as “mixed use”.  (Zoning Map Change)

Amendment #20 - Proposed Zoning Map Change from R-3 to CBD, and from CBD to R-3 for portions of properties located at 6 Bennett Ct (M/L 91-137), 6 ½ Bennett Ct (M/L 91-136), 12 Eldridge St (M/L 91-201), 9 Fairview Ave (M/L 91-167), 7 Guyer St (M/L 91-122), 12 Guyer St (M/L 91-127), 72 Hanover St (M/L 91-198), 76 Hanover St (M/L 91-200), 106 Hanover St (M/L 77-138), 114 Hanover St (M/L 77-139), 1 Hough St (M/L 91-193), 2 Hough St (M/L 91-177), 3 Hough St (M/L 91-192), 7 Jordan Ct (M/L 91-143), 10 Jordan Ct (M/L 91-142), 3 Lareau Ct (M/L 77-171), 5 Lareau Ct (M/L 77-170), 4 Light St (M/L 91-155), 5 Light St (M/L 91-164), 6 Light St (M/L 91-156), 35 Mascoma St (M/L 91-121), 1 West St (M/L 91-151), 3 West St (M/L 91-150), 4 West St (M/L 91-135), and 6 West St (M/L 91-138). The primary purpose of the amendment is to ensure the zoning allows full utilization of CBD lots for commercial purposes. (Zoning Map Change)

Amendment #21 - Proposed Zoning Map Change from CBD to R-2, and from R-2 to CBD, and from R-O to CBD for portions of properties located at 18 Bank Street (M/L 92-123), 20 Bank Street (M/L 92-122), and 20 Elm Street (M/L 92-137). The primary purpose of the amendment is to eliminate an apparent anomaly and provide a more logical zoning boundary.  (Zoning Map Change)

Amendment #22 - Proposed Zoning Map Change from R-3 to CBD for portions of properties located at 45 Spencer Street (M/L 78-17), 48 Spencer Street (M/L 78-38), 52 Spencer Street (M/L 78-37), 56 Spencer Street (M/L 78-36), and 4 Suzor Court (M/L78-35). The primary purpose of the amendment is to bring the zoning into conformance with the adopted 2012 Master Plan Future Land Use Map which identifies this area as “CBD”. (Zoning Map Change)

Amendment #23 - Proposed Zoning Map Change from R-3 to MC for a portion of the property located at 127 Lahaye Drive (M/L 22-2). The primary purpose of the amendment is to eliminate an apparent anomaly and provide a more logical zoning boundary. (Zoning Map Change)

Amendment #24 - Proposed Zoning Map Change from IND-L and R-3 to RL-3 for portions of properties located at 0 Glen Road (Map 116, Lots 5 & 6), 0 Glen Road (M/L 116-4), 0 Glen Road (M/L 102-62), 0 Glen Road (M/L 102-61), and 130 Glen Road (M/L 102-60). The primary purpose of the amendment is to bring the zoning into conformance with the adopted 2012 Master Plan Future Land Use Map which identifies this area as “rural”. (Zoning Map Change)

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