Article V Subdivisions and Planned Developments
Source: Current official PDF (pages 102-127 of the March 11, 2026 edition).
Section 500 General.
- A. Traditional subdivisions are permitted in all zoning districts, except when a Planned Unit Residential Development (PURD) is required in the R-3, RL-1, RL-2, and RL-3 Districts per Section 501.2.B.1.
- B. Planned developments are those uses of land which normally involve more than one building and/or more than one parcel. Careful preparation of a comprehensive plan for the entire land development is required, and the review process must be particularly thorough and deliberate.
Planned developments shall be permitted in accordance with the following table:
| District | PURD per Section 501.2 | PRec per Section 501.3 | Industrial PUD per Section 501.4 | Commercial PUD per Section 501.4 | Manufactured Housing PURD per Section 504 / Manufactured Housing Park per Section 503 | Recreational Camping Parks per Section 505 | Medical Center Complexes per Section 506 | Planned Business Park per Section 508 | Cottage Development |
|---|---|---|---|---|---|---|---|---|---|
| IND-L | CUP | CUP | |||||||
| IND-RA | CUP | CUP | |||||||
| GC | CUP | ||||||||
| GC-1 | CUP | CUP (Manufactured Housing PURD per Section 504 only) | |||||||
| CB | CUP | ||||||||
| LD | |||||||||
| R-1 | CUP | CUP / P | CUP | ||||||
| R-2 | CUP | CUP | |||||||
| R-3 | CUP* | CUP | |||||||
| R-O | CUP | CUP | |||||||
| R-O-1 | CUP | CUP | |||||||
| PB | SE | ||||||||
| RL-1 | CUP * | CUP | CUP / P | SE | |||||
| RL-2 | CUP * | CUP | CUP / P | SE | |||||
| RL-3 | CUP * | CUP | |||||||
| MC | CUP | P |
P = permitted
SE = special exception required
CUP = conditional use permit required
*Subject to Section 501.2.B.1.
Section 501 Planned Unit Development (PUD).
501.1 General Requirements.
Section 501.1 shall apply to all Planned Unit Developments (PUDs) which include Planned Unit Residential Developments (PURDs) per Section 501.2, Planned Unit Recreational Developments (PRecs) per Section 501.3, Commercial PUDs per Section 501.4, and Industrial PUDs per Section 501.4.
A. Purpose.
PUDs should occur only after the characteristics of a property are studied and described, in order to best ensure that impacts on natural resources are minimized, through a process of building site selection in areas of lowest natural resource value. Land planning is not an exercise in geometry, but a rational process of site assessment and intelligent design.
B. Required Approvals.
All PUDs shall obtain a conditional use permit (CUP) from the Planning Board. A PUD shall also obtain Site Plan and/or Subdivision approval from the Planning Board, as applicable.
C. Staff Review.
As a preliminary step, the applicant is encouraged to meet with Planning Department Staff to review the applicants’ plans for the proposed PUD in light of the requirements of Section 501. This recommended meeting will also give staff an opportunity to explain and answer questions with respect to the approval process and the applicable regulations of the Zoning Ordinance, Subdivision Regulations, and Site Plan Review Regulations.
D. Conceptual Review.
Prior to submitting a formal application for CUP approval, applicants are strongly encouraged to request a conceptual review with the Planning Board pursuant to Section 4.3 of the Site Plan Review Regulations. For purposes of this conceptual review, the applicant should have a draft plan prepared in accordance with the steps set forth in Section 501.1.E.1 below.
E. Application Requirements.
An application for a CUP shall include:
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1. Subdivision and/or Site Plan. A subdivision and/or site plan, as applicable depending on the nature of the proposed PUD, prepared in accordance with all applicable standards contained within the Subdivision Regulations and/or Site Plan Review Regulations. In addition, the plan shall be prepared in accordance with the following four steps and shall document each step:
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a. Delineation of Site Resources and Required Open Space:
- i. Show the location of all environmentally sensitive areas of high resource value which shall include:
- • floodplains as defined in Section 402.1;
- • wetlands and buffers as defined in Section 401.2;
- • perennial stream courses and adjacent buffers as defined in Section 410.3;
- • slopes in excess of 25%;
- • Significant Ecological Areas (SEAs) and Co-Occurrence areas as identified in Natural Lebanon the 2010 natural resources inventory prepared for the City of Lebanon, available on the City of Lebanon website;
- • vernal pools;
- • wildlife corridors; and
- • species or habitat of significance known or found to occur on or in close proximity to the subject property.
- ii. Indicate areas of moderate resource value which shall include:
- • areas with agricultural soils of national and statewide significance as defined by the Grafton County Natural Resources and Conservation Service;
- • aquifers; intermittent streams; and
- • historic and cultural structures or features including stonewalls and cellar holes.
- iii. Propose a prioritization of the Site Resources in terms of their highest to least suitability for inclusion in the Open Space for the proposed development. The proposed prioritization should reflect the value of each Site Resource relative to one another. This determination may be refined in consultation with the Planning Board during conceptual review and/or as part of the Board's review of the CUP application.
- iv. Identify and delineate between proposed Open Space area(s) as defined in Section 501.1.F below and the area(s) suitable for development taking into account:
- • the location of the Site Resources;
- • the tract's context in relation to natural, historic, and cultural areas on adjoining and nearby properties;
- • the minimum percentage and acreage of required Open Space areas; and
- • the Open Space public benefit criteria set forth in Section 501.1.J.1.a.ii below.
Areas of high resource value and areas of moderate resource value as defined above are collectively referred to herein as "Site Resources".
Note: the Planning Department can serve as a resource in providing the aforementioned natural resource information directly or directing as to where it may be obtained.
- i. Show the location of all environmentally sensitive areas of high resource value which shall include:
- b. Location of Building Sites:
Potential building sites (e.g. building footprints or building envelopes) shall be tentatively located, using the proposed Open Space/development areas as a base map. Accessory buildings and building setback lines shall also be indicated. Building sites shall be located with careful consideration given to:
- • Relevant property data such as topography and soils;
- • Potential impacts, both positive and negative on the Site Resources. Measures to mitigate adverse impacts on the Site Resources shall be provided;
- • Providing attractive views and visual settings for residences to the maximum extent practicable; and
- • Providing adequate solar orientation to the maximum extent practicable.
- c. Alignment of Roads, Driveways and Trails:
The plans shall be designed to provide vehicular access to each building, complying with the applicable standards in the Site Plan Review Regulations and/or the Subdivision Regulations, as applicable, and bearing a logical relationship to topographic conditions. Impacts of the vehicular access design on proposed Open Space areas and the Site Resources shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Road connections shall be required to the maximum extent practicable in order to minimize the number of new cul-de-sacs and to facilitate access to and from homes in different parts of the tract and adjoining lots.
- d. Drawing in the Lot Lines:
When Steps a through c are completed, lines shall be drawn to delineate the lots for development and the Open Space lot(s), if individual lots are proposed.
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2. Impact Statement. An impact statement which clearly sets forth the impact of the proposal. The impact statement shall include:
- a. Statement of impact of the proposed development on natural resources and environmental quality including but not limited to water quality, air quality, wetlands, soil erosion and agricultural lands and a statement of pollution control and environmental impact mitigation measures.
- b. Statement of impact of the proposed development on abutters.
- c. Statement of sufficiency of proposed parking for the use intended.
- d. Statement of adequacy of streets and/or sidewalks in the general area of the development including major intersections providing access, and such other areas as requested by the Board.
- e. Statement of sufficiency, availability and capacity of utility services to provide water, fire protection, and sewer, and storm drainage, and further, the impact of the development on the municipal solid waste disposal facilities.
- f. (If applicable) Statement of impact of on-site subsurface sewage disposal systems as to adjacent wells, water supply systems, and any known aquifers so designated by the United States Geological Survey.
- g. Statement of impact of storm drainage from the development on abutting properties and potential storm drainage problems both on the site of the development and downstream from the development.
- h. Statement of noise control methods and procedures.
- i. Statement on the capacity of the school system; effect on school bus transportation and distance of the proposed development from the nearest elementary school.
- j. Fiscal impact statement analyzing the impact of the development on municipal, school and county revenues and expenditures, including estimated potential tax revenue and estimated number of school children.
- k. Statement on any special fire, police and public safety problems due to location and/or special conditions related to the site's proposed type of use.
The Planning Board may require the applicant to pay for an independent consultant(s) retained by the Board for the purposes of reviewing and verifying the conclusions of the impact statement. The Planning Board shall inform an applicant of the cost of any such consultant services and shall obtain an applicant’s commitment to pay for such services, prior to the City incurring any obligations to pay for such services.
F. Open Space.
- 1. Definition. Open Space is the land used to offset increased density in the developed area of the property, to protect natural resources, and to provide recreation opportunities to residents of the development and the general benefit of the community at large.
- 2. Design. Open Space areas will be identified on the proposed plan applying the four step process set forth in Section 501.1.E.1 above, and shall be reviewed by the Planning Board as part of the application process. The Open Space shall be arranged to meet as many of the Open Space public benefit criteria, set forth in Section 501.1.J.1.a.ii below, as possible.
- 3. Uses. At the discretion of the Planning Board, Open Space may include, trails, agriculture, the required perimeter buffer, recreation (both active and passive), stormwater management design features, wells, shared septic system(s), centralized sewer systems, and underground utilities, so long as such features do not adversely impact the integrity of the Site Resources. Streets, parking areas, residential or non-residential structures are not permitted.
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4. Minimum Required Open Space.
- a. PURD. The minimum amount of Open Space in a PURD shall be 50% of the property utilized for the PURD within the RL-1, RL-2, RL-3, and R-3 districts; and 30% within the R-O, R-O-1, R-1 and R-2 districts.
- b. PRec. See Section 501.3 for requirements.
- c. Commercial or Industrial PUD. At least 15% of the property utilized for a Commercial or Industrial PUD shall be preserved as Open Space. None of the curtilage of a principal building shall be used to meet the 15% criteria.
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5. Ownership of Open Space. The Open Space or any portion of it shall be held, managed, and maintained by the developer until the Open Space is owned in one or more of the following ways:
- a. In common, by an owner's association for the control and maintenance of the Open Space, established by the applicant for the benefit and enjoyment of the residents and/or users of the development.
- b. By the City of Lebanon which may at any time accept dedication of any Open Space for perpetual public use and maintenance if accepted by the City Council.
- c. By a qualified land trust organization or other suitable private non-profit organization registered in the State of New Hampshire which shall ensure that the Open Space will be held in perpetuity as Open Space.
- d. By an individual, conditional upon the Open Space being protected in perpetuity by a conservation easement to be held by a registered New Hampshire Land Trust organization.
- e. Other ownership structure deemed by the City Attorney to be legally adequate to carry out the intent of Section 501 and the decision of the Planning Board.
The Planning Board may impose reasonable conditions with respect to when ownership shall be transferred from the developer in accordance with the above.
No portion of the Open Space land shall be conveyed in a manner which would result in non-compliance with this section.
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6. Protection of Open Space. Adequate provisions shall be made to assure that the Open Space remains undeveloped and that any environmentally sensitive Site Resources identified by the Planning Board are protected and preserved. In addition to the protection afforded by the requirements of the CUP approval and applicable state statutes, the Planning Board may require one or more of the following:
- a. Granting development rights to the City, the Conservation Commission or other similar entity.
- b. Deeding of the land to an owners' association or similar entity.
- c. Encumbrance of a conservation easement that protects the land in perpetuity, which will be held by either a Conservation Trust organization registered in the State of New Hampshire, or by the City of Lebanon.
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7. Additional Requirements.
- a. All agreements, deed restrictions, easements, organizational provisions for an owners' association, and any other method of ownership, management, and protection of the Open Space shall be approved by the Planning Board, subject to review by the City Attorney. Said documentation shall be recorded at the Grafton County Registry of Deeds and a copy of the recorded documents shall be placed on file with the Planning Department.
- b. If lot lines are not required and are not proposed, the application shall set forth in detail how the Open Space is to be physically delineated and distinguished from other areas of the development. In all cases the boundaries of all Open Space areas shall be clearly marked on the plans.
G. Design Guidelines.
To the maximum extent practicable, as determined by the Planning Board, the development shall adhere to the following design requirements:
- 1. The PUD shall be integrated into the surrounding neighborhood in such a way that the overall visual qualities between existing land use and the PUD is complementary.
- 2. The scale and size of buildings shall be related to and shall harmonize with existing buildings in the immediate vicinity of the PUD property.
- 3. The design of the PUD shall be directed toward establishing a sense of place, such as providing inward oriented placement of buildings, streets, and recreational facilities.
- 4. Adverse visual impact to ridgelines shall be minimized.
- 5. A convenient system of paths designed to provide access to and between all buildings, parking areas, recreation facilities, Open Space and adjacent streets.
- 6. Each dwelling unit shall have reasonable access to the Open Space provided, but need not front directly on such land.
- 7. Bicycle use shall be accommodated on all streets within the development. Covered bicycle storage shall be provided for all multi-family structures.
- 8. Multi-family buildings are unusual in rural landscapes. For this reason, the design of multi-family buildings visible from existing streets must be one which is harmoniously integrated with the surrounding landscape.
- 9. Streets shall be designed for consistency with overall City plans for vehicular circulation improvements, if such plans exist.
H. Dimensional Requirements.
- 1. Height. All buildings in a PUD shall comply with the height regulations of the applicable zoning district on which the building is being considered.
- 2. Special Setbacks. No building or structure shall be located closer than 50 feet to the side and rear lines of the PUD property. Front yard setbacks shall be dictated by the underlying zoning district. Stormwater management design features and septic systems may be located in these setbacks at the discretion of the Planning Board, considering impacts on any vegetative screen required to minimize impact to adjacent existing properties.
Whenever the PUD abuts a residential lot less than 40,000 square feet in area this setback shall be increased to 75 feet.
Side and rear setbacks for an accessory structure or accessory building that meets the requirements of Section 201.8 shall be as set forth in Section 201.8, except that in no case shall such structure or building be located closer than 50 feet to the side and rear lines of the PUD property.
- 3. Lots. For developments proposed to be in a condominium or other form of ownership which does not involve the creation of individual lot lines, the applicant shall nonetheless provide a layout of hypothetical lot lines for regulatory purposes only, to which the requirements of this Ordinance pertaining to lots may be applied. The lot size, lot width, and yard requirements of the applicable zoning district shall apply but may be modified by the Planning Board, provided the Board finds: (1) that such reductions do not result in overcrowding of the land; (2) that the layout pattern is orderly and harmonious; and (3) that the reductions are appropriate to the PUD proposal. In all cases the boundaries of all Open Space areas shall be clearly designated on the final plans, consistent with the ownership requirements of Subsection F of this section.
- 4. Existing buildings. An existing building on a site proposed to be developed as a PUD may be incorporated into a PUD even if the building is nonconforming with respect to the requirements of Section 501.1. However, the extent of the nonconformity may not be increased unless the proposed change to the existing building is determined by the Planning Board to be consistent in character, scale and design with the proposed PUD.
I. Water and Sewer.
For PURDs and PRecs, the Planning Board may require that the development connect to municipal water and sewer systems. Commercial or Industrial PUDs shall be connected to municipal water and sewer systems.
J. Approval of CUP Application.
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1. A conditional use permit shall be issued only if the Planning Board determines that:
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a. The subdivision and/or site plan prepared pursuant to Section 501.1.E.1 above meets the purpose statement set forth in Section 501.1.A above and the following standards:
- i. The Planning Board must find that, in consideration of the Site Resources, the portions of the property most suitable for Open Space preservation and those portions most appropriate for development have been designated on the plans for those purposes.
- ii. Public Benefit of Open Space. The Planning Board must determine that the layout of the designated Open Space area provides the greatest feasible public benefit which is compatible with the applicant's permissible development goals. The Board shall not approve such layout if it finds that there is a feasible alternative layout which would yield a significantly improved Open Space public benefit while still fulfilling the applicant's otherwise permissible development objectives.
"Public benefit" means that the Open Space fulfills as many of the following criteria as are feasible:
- • the Open Space is larger and contiguous, rather than smaller and fragmented. In achieving characteristics of larger and contiguous, the location of the Open Space will factor in off-site, adjacent open space natural areas;
- • the Open Space conserves Site Resources located on the property;
- • the Open Space is realistically capable of management for economically viable agriculture or forestry activities;
- • the Open Space conserves natural habitat for animals or plants, especially those which are locally rare or unusual;
- • the Open Space contributes to the ecological viability of natural systems, or natural areas, or of nearby recreation areas;
- • the Open Space conserves historical and archeological resources;
- • the Open Space provides opportunities for passive and/or active public indoor or outdoor recreation;
- • the Open Space provides scenic enjoyment by the public from the vantage point of public lands, highways, or waters; and/or
- • the Open Space provides some other open space public benefit explicitly identified by the Planning Board in its decision.
- iii. To the maximum extent practicable, the plan adheres to the design guidelines set forth in Section 501.1.G above.
- b. All applicable requirements of Section 501.1.E, Section 501.1.F, Section 501.1.H, Section 501.2, Section 501.3, and Section 501.4 have been met.
- c. The types of housing units and/or other buildings proposed within the PUD shall not adversely impact the character of the area.
- d. The PUD will not have any substantial or undue impact on the environment or on transportation systems, community facilities, utilities and services and/or the applicant will contribute impact fees, in amounts acceptable to the Planning Board, in order to mitigate the impact of the PUD on transportation systems, public facilities, utilities and services.
- e. The PUD complies with all requirements of the Site Plan Review Regulations and Subdivision Regulations, as applicable.
- f. For developments proposing condominium ownership, the PUD is capable of complying with all applicable state statutes regulating the condominium form of ownership.
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- 2. The Planning Board may condition its approval of the PUD on reasonable conditions necessary to accomplish the objectives set forth in Section 501.2.A, 501.3.A, or 501.4.A, as applicable, including a reduction in allowed density if necessary to accomplish said objectives.
- 3. Phasing of Development. The Planning Board may establish a reasonable timetable for phasing the development of a PUD in order to mitigate the impact of the development on community facilities, services and/or utilities.
501.2 Planned Unit Residential Development (PURD).
A. Objectives.
The objectives of the PURD provisions of this ordinance are as follows:
- 1. To encourage conservation of Open Space to effect appropriate density and protect important natural resources such as agricultural soils, forested land, wildlife habitat, water resources, other natural resources, including geologic and scenic, and historical and archeological resources.
- 2. To establish a connected network of conservation lands, trails, and working farm and forest land throughout the City by linking the Open Spaces and trails within the development, to conservation lands, important natural resources and trails on adjoining lands wherever possible, and as particularly found in the Lebanon Master Plan and Natural Lebanon.
- 3. To preserve those areas of the property that have the highest ecological value, including, for example, wildlife habitat, large un-fragmented blocks of undeveloped land, and areas of co-occurring resources as shown in Natural Lebanon, and water resources, such as drinking water supply areas, wetlands, streams and rivers.
- 4. To encourage the development of environmentally sensitive outdoor recreation land uses.
- 5. To allow flexibility in residential development to provide for a diversity of housing types, densities, and styles.
- 6. To provide opportunities for the development of workforce or affordable housing.
- 7. To locate buildings and structures on those portions of the property which are the most appropriate for development and avoiding developing in areas ill-suited for development, including, for example, areas with poor soil conditions, a high water table, that are subject to frequent flooding or that have excessively steep slopes.
- 8. To encourage a more suitable form of development by facilitating the design, construction, and maintenance of housing, streets, utilities and public services in a more economic and efficient manner and by integrating the new development into the existing built and natural environment.
- 9. To promote the reduction of impervious surface areas and sustainable stormwater management.
B. Applicability.
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1. Required. In the R-3, RL-1, RL-2, and RL-3 Districts, PURDs shall be required for any major subdivision, as defined in the Subdivision Regulations, and for any other development that would constitute a major subdivision but for the exception set forth in Section 6.2 of the Subdivision Regulations, where the property to be subdivided equals or exceeds the following sizes:
- R-3
- 10 acres
- RL-1, RL-2
- 20 acres
- RL-3
- 40 acres
In the RL-1, RL-2, and RL-3 Districts, a PRec may be proposed in accordance with Section 501.3 in lieu of a required PURD.
- 2. Permitted. In the R-1, R-2, R-3, R-O, and R-O-1 Districts where the property to be subdivided is 5 acres or more, and in the RL-1 and RL-2 Districts where the property to be subdivided is 10 acres or more, PURDs are permitted for any major subdivision, as defined in the Subdivision Regulations, and for any other development that would constitute a major subdivision but for the exception set forth in Section 6.2 of the Subdivision Regulations.
- 3. Property Size. Land within the Wetlands Conservation District and land having slopes in excess of 25 percent shall be included in determining the minimum property size. Land within the Floodplain District shall not be included in determining the minimum property size.
C. Uses Allowed in a PURD.
- 1. Residential Uses. A PURD may include dwelling units in one-family, two-family and multi-family dwellings. A mix of dwelling types may be permitted at the reasonable discretion of the Planning Board. In a manufactured housing PURD only manufactured housing units are permitted and shall be on individual lots.
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2. Non-Residential Uses. Certain non-residential uses may be established within a PURD, subject to the following provisions:
- a. Non-residential uses designed principally to service the residents of a PURD are permitted. Examples of such uses are:
- i. Indoor and outdoor recreation facilities.
- ii. Sales office for the sale or rental of property in the PURD.
- iii. Medical care uses.
- iv. Day-care facilities.
- b. Neighborhood commercial uses such as: (1) neighborhood convenience stores, neighborhood drug stores; (2) personal convenience services including but not limited to barber shops, beauty shops, tailors, dry cleaning shops, and laundromats; (3) sandwich shops and delicatessens having fewer than 17 seats; provided that:
- i. The Planning Board finds that such uses are appropriate to the area;
- ii. A single commercial use shall occupy no more than 4000 square feet of gross floor area; and
- iii. Space allocated for neighborhood commercial uses shall not exceed ten percent of the gross residential floor area of the PURD.
- c. Non-residential uses and multi-family dwellings shall not be permitted for PURDs developed in the R-3 District where the property to be subdivided is less than ten (10) acres.
This provision shall not apply to a manufactured housing PURD.
- a. Non-residential uses designed principally to service the residents of a PURD are permitted. Examples of such uses are:
- 3. All Other Uses in Underlying Zoning District. Any use permitted in the zoning district in which the PURD is located may be permitted within the PURD. Uses allowed by special exception or by conditional use permit in the underlying zoning district where the PURD is located may also be permitted within the PURD, and shall not require a special exception from the Zoning Board or a separate conditional use permit from the Planning Board. This provision shall not apply to a manufactured housing PURD.
D. Density.
- 1. General. The PUD provisions of this Ordinance provide applicants with a development approach intended to promote flexibility and innovation in land planning. Within this context, the density regulations that are established are intended to be maximum allowable densities. Each tract of land possesses different, unique development characteristics and limitations, and the density allowed on any particular tract will be a function of innovative land planning and building design interacting with the special characteristics and limitations of the property. The density regulations set forth below are intended to support development on areas most suitable for development, while conserving the Site Resources.
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2. Gross Density. In determining the number of dwelling units allowed by the applicable zoning district, an applicant for a PURD may use either of the following two methods:
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a. Formula Method. Subtract some of the area covered by wetlands and/or slopes in excess of 25 percent from the total area of the property, pursuant to the following table:
- < 15%
- 0
- 15% - 25%
- 20%
- 25% - 35%
- 40%
- 35% - 55%
- 60%
- 55% - 70%
- 80%
- > 70%
- 100%
Reduce the result by ten percent for the area that would be allocated to roads and streets. Apply the density of the applicable zoning district to the area resulting from the foregoing calculations to determine the number of dwelling units allowed. A fractional number of permitted dwelling units of .5 or greater shall be rounded up to the next whole number.
Example: A 500-acre property with 30 acres of wetland and 70 acres of slopes greater than 25% located in the RL-3 District. (1) Since 20% of the property is covered by wetlands or steep slopes, the above table requires that 20% of the 100 acres so covered must be deducted, i.e., 500 acres - (20% of 100 acres) = 480 acres. (2) Deduct 10% of 480 for streets, i.e. 480 -(10% of 480) = 432. (3) 432 acres at RL-3 density of 10 acres per dwelling units = 43 dwelling units allowed in PURD.
- b. Traditional Subdivision Yield Plan Method. A yield plan for a traditional subdivision is prepared containing proposed lots that conform to the minimum lot dimension standards set forth in the ARTICLE III, and which depicts roads, rights of way, and other pertinent features designed in conformance with the Subdivision Regulations, as applicable. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic, reasonable, regular and ordinary layout reflecting a development pattern that could be expected to be implemented, taking into account the presence of lakes, rivers, streams, wetlands, wetland buffers, floodplains, steep slopes, existing easements and encumbrances, well placement and hydrologic yield and, if not served by public sewer, the suitability of soils for subsurface sewage disposal. The Planning Board may require test pits to demonstrate the suitability for on-site sewage disposal.
Planning Department staff shall review the yield plan and determine: (1) whether it represents a feasible development concept for the property; and, (2) whether it is likely to be approved by all government agencies from which permits would be required.
If the determinations are positive, then the number of dwelling units shown on the yield plan may be used as the number of dwelling units allowed in the PURD. Applicants choosing this method shall be required to accept the decisions of the City administrative staff as final.
- c. Density Bonus. For a PURD, the number of dwelling units resulting from the above calculations may be increased by up to 12 percent at the discretion of the Planning Board, per Section 507. In determining the maximum number of additional dwelling units that the Board may permit, a fractional number of bonus dwelling units of .5 or greater shall be rounded up to the next whole number.
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- 3. Property Located in Multiple Zoning Districts. Where a property is located in more than one zoning district, the total number of dwelling units allowed pursuant to Section 501.2.D.2 shall be determined separately for each zoning district. However, the increments may be aggregated to determine the total number of dwelling units allowed, and dwellings may be located on the property, irrespective of the zoning boundary location(s).
501.3 Planned Unit Recreational Developments.
A. Objectives.
The purposes of the Planned Unit Recreational Development provisions of this Ordinance are (1) to permit well planned land developments that integrate outdoor recreational use of a parcel as the principal land use with residences as a secondary land use: (2) to encourage the preservation of valuable open spaces and/or natural features; (3) to encourage the development of environmentally sensitive outdoor recreation land uses; and (4) to provide for the efficient utilization of land and community facilities, services and utilities.
B. Location.
Planned Unit Recreational Development (PRecs) are permitted uses in the RL-1, RL-2, and RL-3 Districts, in accordance with the provisions of this section.
C. Tract Size.
All PRecs shall have a minimum tract size of 150 acres. Land within the Wetlands Conservation District and land having slopes in excess of 25 percent shall be included in determining the minimum tract size. Land within the Floodplain District shall not be included in determining the minimum tract size.
D. Uses Allowed in a PRec.
- 1. Residential Uses. A PRec shall provide a minimum of 15 dwelling units. A PRec may include dwelling units in one-family, two-family and multi-family dwellings or appropriate mixes thereof, at the discretion of the Planning Board. In a PRec at least 75 percent of the land area used for building development shall be devoted to residential uses.
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2. Active Outdoor Recreational Uses. A PRec may include the following active outdoor recreational uses:
- A. Golf courses.
- B. Skiing facilities.
- C. Tennis facilities.
- D. Swimming pools, beaches and bathhouses.
- E. Athletic fields, playgrounds.
- 3. Accessory Uses. Uses customarily accessory to permitted outdoor-recreational uses such as restaurants; lounges; stables; clubhouses; maintenance facilities; locker rooms; ski lodges; pro-shops, etc.
- 4. Other Non-Residential Uses. In a PRec, other non-residential uses permitted in PURDs pursuant to Section 501.2.C.2 may be permitted.
E. Density.
The gross and net densities of PRecs shall be as permitted for PURDs by Section 501.2.D.
F. Minimum Open Space Preservation.
In a PRec a minimum of 50 percent of the tract shall be allocated to outdoor recreation use and/or common open space. None of the area used to meet the 50 percent criteria shall be located within 50 feet of a building or structure that is part of the PRec.
G. Common Use Requirements.
In a PRec, it is not necessary that land used for outdoor recreation and/or open spaces be held for common use. However, all approved PRecs shall contain adequate protection assuring that such land will always be used in accordance with the approved plan.
- 1. The approved plans and the conditional use permit shall clearly state that approval is only for the outdoor recreation uses as portrayed in the approved plans and supporting documents; that any changes thereto must be approved by the Planning Board as amendments to the conditional use permit; and the any application for amendment shall fully comply with the provisions of this section, as amended (i.e. Section 501).
- 2. Adequate provisions shall be made to assure that in the event of discontinuance of the approved outdoor recreation use all land used for outdoor recreation uses and/or open spaces shall become compliant with the common use requirements of Section 501.2.1.F.
501.4 Commercial or Industrial Planned Unit Developments.
A. Objectives.
The purposes of the Commercial or Industrial Planned Unit Development provisions of this Ordinance are (1) to allow flexibility in the site design and development of large-scale commercial and/or industrial development; (2) to encourage the preservation of valuable open spaces and/or natural features; and (3) to provide for the efficient utilization of land and community facilities, services and utilities.
B. Location.
Commercial or Industrial Planned Unit Developments are permitted uses in the Industrial, CB, GC, and GC-1 Districts, in accordance with the provisions of this section.
C. Tract Size.
All Commercial and Industrial PUDs shall have a minimum tract size as follows:
| District | Minimum Tract Size |
|---|---|
| Industrial | 10 acres |
| CB | 10 acres |
| GC | 10 acres |
| GC-1 | 10 acres |
Land within the Wetlands Conservation District and land having slopes in excess of 25 percent shall be included in determining the minimum tract size. Land within the Floodplain District shall not be included in determining the minimum tract size.
D. Uses Allowed in a Commercial or Industrial PUD.
Any non-residential use permitted or allowed by special exception or conditional use in the IND-L, CB, GC, or GC-1 Districts is allowed in a Commercial PUD. Such uses allowed by special exception or conditional use shall be considered permitted uses when included as part of a proposed Commercial PUD and shall not require separate special exception or conditional use approval.
Any non-residential use permitted or allowed by special exception or conditional use permit in the IND-L and IND-RA Districts is allowed in an Industrial PUD. Such uses allowed by special exception or conditional use shall be considered permitted uses when included as part of a proposed Industrial PUD and shall not require separate special exception or conditional use approval. Additionally, no more than 25 percent of the gross floor area in an Industrial PUD may be allocated to hotels, restaurants, personal services and retail sales necessary to serve the needs of the other businesses in the PUD (or of their employees).
Dwelling units in one-family, two-family and multi-family dwellings or appropriate mixes thereof may be allowed in Commercial or Industrial PUDs, at the discretion of the Planning Board, provided that the Board determines that such residential uses are compatible within the proposed PUD. The density of residential uses allowed pursuant to this section shall be determined based on a maximum of 25% of the net land area of the PUD not planned for open space, roads, or utilities and calculated at a density of 13 dwelling units per acre. Where allowed, such dwelling units may be clustered together and/or distributed within the Commercial or Industrial PUD in mixed use buildings at the discretion of the Planning Board.
Section 502 (Reserved).
Section 503 Manufactured Housing Parks.
503.1 Area.
A manufactured housing park shall have an area not less than 10 acres.
503.2 Layout.
- A. A manufactured housing park shall provide:
- 1. Individually designated spaces for each manufactured housing unit.
- 2. Interior access streets for all spaces. Such streets shall have a surface travel way at least 20 feet in width built on 12 inches of compacted gravel. All interior streets shall be named in accordance with emergency 911 provisions, and shall provide adequate interior circulation with no dead ends unless otherwise approved by the Fire Department.
- 3. At least 15 percent of the total area for common open space or recreation. This area shall not include roads, streets, parking areas, service areas, non-recreation accessory buildings or similar facilities. This area may include facilities for recreation and/or playgrounds.
- 4. A buffer at least 25 feet in width maintained as a landscape area abutting all manufactured home property lines.
- B. A manufactured housing park shall have Site Plan Review approval from the Planning Board.
503.3 Manufactured Housing Spaces.
- A. Each manufactured housing space shall be at least 5,000 sq. ft. in area and shall front on an interior access street.
- B. Each space shall have a separate driveway.
- C. Each space shall include a parking area built on 12 inches of compacted gravel. Said parking area shall be large enough to accommodate two parking spaces.
- D. Manufactured housing unit spaces shall not be located on slopes having a natural grade of 10% or greater.
503.4 Utilities and Services.
For each manufactured housing unit:
- A. The water supply source must meet all local and state regulations.
- B. The method of sewage disposal must be in compliance with all local and state regulations.
- C. The installation shall comply with all applicable state and city electrical laws and regulations. All electrical, television and other wired services shall be installed underground.
- D. Provisions for disposal of household garbage and rubbish.
503.5 Siting Manufactured Housing Units.
- A. A nonporous pad shall be provided for each manufactured housing unit.
- B. No manufactured housing unit shall be closer than 25 feet to a public street right-of-way or to a property line of the manufactured housing park.
- C. A manufactured housing unit shall be located so that it is at least 20 feet from the surface of the interior road and 10 feet from any other manufactured housing unit space.
503.6 Density.
One (1) manufactured housing unit per 5,000 sq. ft. of lot area is permitted, except that in the R-1 District the permitted density shall be as set forth in Section 308.2.
Section 504 Manufactured Housing PURDs.
Manufactured housing PURDs are allowed by conditional use permit per Section 501.1 and shall satisfy all requirements of Section 501.1 and Section 501.2. Notwithstanding the applicability standards set forth in Section 501.2.B.1, the minimum lot size for a manufactured housing PURD shall be 20 acres, and notwithstanding the density requirements of Section 501.2.D.2, one (1) manufactured housing unit per 5,000 sq. ft. of lot area is permitted, except that in the R-1 District the permitted density shall be as set forth in Section 308.2. The number of dwelling units may be increased by up to 12 percent at the discretion of the Planning Board, per Section 507.
Section 505 Recreational Camping Parks.
505.1 Area.
A recreational camping park shall have an area of not less than ten (10) acres.
505.2 Layout.
- A. Recreational camping parks shall provide:
- 1. Individually designated spaces for recreational vehicles (RV) and/or tenting sites for campers.
- 2. Interior access roads for all RV spaces/tent sites. Such roads must be at least 30 feet in width and have a compacted gravel surface at least 20 feet in width.
- 3. Solid waste disposal facilities.
- 4. A buffer at least 50 feet in width shall be maintained as a landscaped area or naturally vegetative buffer abutting all recreational camping park property lines except when the recreational camping park boundary is adjacent to residential uses, where the buffer shall be at least 50 feet in width.
- 5. Fifty percent (50%) of its area as open space, which shall not be used for camping, active recreational facilities, RV spaces or tent sites and which can include space between campsites in calculation.
- 6. Neither the buffer, nor the open space (as referenced in #4 and #5 above) shall include any portion of the RV spaces or tent sites required by Section 505.2.1.A.
- B. A recreational camping park shall have Site Plan Review approval from the Planning Board.
505.3 Camping Spaces.
- A. Each RV space or tent site shall be at least 1000 sq. ft. in area and at least 30 feet wide.
- B. RV spaces shall have a compacted gravel surface at least 10 feet wide by 20 feet long.
- C. No RV space or tent site, shall be closer than 50 feet to a public street right-of-way or a property line.
- D. Each RV space shall have water available. The water supply source must meet all local and state regulations.
- E. Each RV space shall have an electrical source supplying at least 30 amps, 120 volts with weatherproof electrical outlets. The installation shall comply with all applicable state and city electrical laws and regulations.
505.4 Service Building.
Each recreational camping park shall provide one or more service buildings in accordance with the following specifications. Such building shall meet all applicable state and local regulations.
- A. Toilets of any type shall be placed in a building that is not more than 500 feet from any RV space nor less than 50 feet from any RV space. No service building shall be located within 80 feet of any public street or highway.
- B. Interior Lighting Requirements. The service building shall be lighted with a light intensity of five foot-candles measured at the darkest corner of the room.
- C. Toilet Requirements. Separate toilet areas shall be provided for males and females in accordance with all applicable state and local laws.
- D. Lavatory Requirements. Toilet rooms shall contain one lavatory with hot and cold running water for each two toilets, but in no case shall any toilet room be without at least one lavatory with hot and cold running water.
- E. Heating Requirements. Each service building shall have heating facilities capable of maintaining a minimum temperature of 70 degrees Fahrenheit.
- F. Shower Requirements. Each service building shall have shower facilities with hot and cold running water.
Section 506 Medical Center Complexes.
506.1 Lot Area, Dimensions.
- A. A medical center complex shall be one or more contiguous lots containing a total of not less than 50 acres as designated on an approved site plan filed with the Lebanon Planning Board. The boundaries of a medical center complex may be amended from time to time, but in no case shall the total area within the complex be less than 50 acres.
- B. Area and dimension requirements for the Medical Center Zone shall not apply within the medical center complex boundaries.
- C. A minimum yard of 40 feet shall be maintained along all outside boundaries of a medical center complex.
506.2 Building Height, Coverage.
Notwithstanding the provisions of Section 315.3, the following shall apply:
- • Maximum building coverage = 40%
- • Maximum building height = 100 feet
506.3 Allowed Uses.
In addition to a hospital, the following uses are allowed within the medical center complex:
- 1. Medical School - A medical school is an educational facility for the furnishing of undergraduate and graduate medical education and the conduct of scientific investigation and research.
- 2. Medical Aviation Use - Any area of land, used for helicopters used to transport patients, medical supplies, and personnel in the event of a medical emergency, and accessory uses necessary to the operation of helicopter service, including on-call crew quarters, communications and operation center, helicopter storage maintenance, and fueling facilities.
- 3. Medical Center Dormitory - A medical center dormitory is a housing facility provided by the medical center complex which provides housing for ten or more of their adult health care students and/or staff in single or double living quarters.
- 4. Sanatorium, nursing home, congregate living facility, or convalescent home.
- 5. Any of the following uses, as defined in this Ordinance, when all or substantially all of the business will be with and for the patients, and the visitors of those patients, the employees and the staff of the building and facilities located within the medical center complex.
- a. Personal service.
- b. Retail store.
- c. Restaurant.
- d. Financial institution.
- e. Indoor/outdoor recreational facilities.
- f. Group day care facility.
Section 507 Density Bonuses.
PURD’s, PRecs, manufactured housing PURDs, and multi-family developments in the R-1 and R-2 Districts may receive an increased density bonus pursuant to Table 507.1 and the provisions of this section.
507.1 Increased Density Bonuses.
| Type of Development | For Use of Technique | For Workforce Housing | For Energy Efficient Design | For Renewable Energy Systems |
|---|---|---|---|---|
| PURD or PRec | 12% | 10% | 10% | 10% |
| Manufactured housing PURD | 12% | ---- | 10% | 10% |
| Multi-family development in the R-1 and R-2 | -- | 10% | 10% | 10% |
507.2 Criteria for Award of Bonus.
The Planning Board may allow a gross density of development greater than allowed under Article III of this Ordinance for PURDs, PRecs, manufactured housing PURDs, and Multi-Family in the R-1 and R-2 Districts up to a maximum bonus allowed by Table 507.1. The Planning Board may approve a density bonus for any one or more of the categories identified in Section 507.1. Density bonuses granted pursuant to this section shall be cumulative. The following guidelines shall be used in determining whether a bonus shall be awarded.
- A. Use of Technique. An applicant may receive a bonus not exceeding 12% for using either the PURD or PRec form of development.
- B. Workforce Housing. For every dwelling unit which qualifies as workforce housing, one (1) market rate dwelling unit may be added as a density bonus, to a maximum of 20 bonus units or 10%, whichever is greater, as approved by the Planning Board.
- D. Energy Efficient Design. The Planning Board may award a density bonus of up to 10% for any development that will be constructed to meet standards for industry-accepted energy efficiency standards including but not limited to those of the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), the Passive House Institute (PHI), or the Passive House Institute US (PHIUS). In evaluating the requested density bonus, the Planning Board shall take into account the extent and scope of proposed energy efficiency construction throughout the development together with any other relevant factors and considerations related to the development and any applicable energy efficiency certification programs that the applicant proposes to participate in.
- C. Renewable Energy Systems. The Planning Board may award a density bonus of up to 10% when one or more non-accessory renewable energy systems are incorporated into the design of the development. The bonus awarded shall be commensurate with the amount of energy produced for the development by the proposed renewable energy system(s).
The decision of the Planning Board in awarding such a bonus and the amount thereof is hereby declared to be a discretionary administrative decision of the Planning Board. In no case shall the Planning Board award a bonus if it determines that the limitations of a site cannot accommodate the increase.
Section 508 Planned Business Parks.
508.1 Purpose.
The purpose of this Section is to encourage and promote well planned, suitable and appropriate industrial development with office, residential and commercial components. The purpose of planned business parks are to:
- A. Provide for the diverse needs of the residents of the City and to allow developers the flexibility to accomplish such goals without sacrificing the existing image and character of the surrounding neighborhood.
- B. Encourage efficient land use by facilitating compact, high-density development and minimizing the amount of land needed for surface parking by utilizing parking structures.
- C. Facilitate safe, compatible and attractive development for residents, employers, employees, patrons and pedestrians.
508.2 General Requirement.
A planned business park is a use permitted in the Light Industrial District, and the Industrial Rail Access District.
508.3 Lot Area.
A planned business park shall include a minimum of twenty (20) contiguous acres with at least four (4) lots.
508.4 Sectors, Allowed Uses.
- A. The planned business park shall be shown on an approved Subdivision Plan and Use Allocation Plan. The Subdivision Plan and Use Allocation Plan approved by the Planning Board shall designate the allocation of the Industrial/ Office, Commercial and Residential Uses within the Park.
- B. No more than 20% of the net land area not planned for open space, roads, or utilities shall be used for the Commercial Sector.
- C. Unless limited by the Planning Board at the time of subdivision approval, the following uses shall be permitted.
- 1. The following uses shall be permitted by right for any planned business park Industrial/Office Sector: light industry; warehouse; trucking terminal; publishing/printing; plumbing, electrical or carpentry shop; research laboratory; local government use; essential service; outdoor storage per Section 303.4 (less than 20%); group day care facility per Section 604; general business offices, research facilities, medical office buildings; health clubs, Educational Facility, College/University; Educational Facility, Vocational School; and accessory uses to a permitted use. Retail showrooms per Sections 303.5 and 303A.5 shall be allowed by conditional use permit.
- 2. The following uses shall be permitted by right for any planned business park Commercial Sector: retail store(s) up to a cumulative maximum of 20,000 sq. ft. of gross floor area; personal service; bank, branch bank; restaurant, sandwich shop/deli; refreshment stand; office; motel; hotel; movie theater; membership club; amusements (indoor); printing (i.e. retail copy store); radio or TV studio; group day care facility per Section 604; local government use; and health clubs.
- D. Dwelling units in one-family, two-family and multi-family dwellings or appropriate mixes thereof at the discretion of the Planning Board, shall be provided for in all planned business parks. The maximum number of dwelling units allowed pursuant to this section shall be based on a minimum of 15% and a maximum of 25% of the net land area of the park not planned for open space, roads, or utilities and calculated at a density of 13 dwelling units per acre. Such dwelling units may be clustered together and/or distributed within the Park at the discretion of the Planning Board.
- E. There shall be no more than one group day care facility and one health club in the planned business park for service to the general public. However, said facilities are allowed as exclusive adjuncts to a business company or corporation.
508.5 Dimensional Requirements.
- A. The minimum lot requirements and maximum limitations for the planned business park shall be those set forth in the Table of Area, Dimensions and Coverage for the zone in which the Park is located.
508.6 Application Procedures.
- A. Conditional Use Permit. All planned business parks shall obtain a conditional use permit from the Planning Board:
The conditional use permit shall clearly set forth all conditions of approval including the dimensional requirements and uses allowed by the Zoning Ordinance in effect at the time of such approval and any additional restrictions on the uses allowed within the Sectors by Section 508.4.C above which are judged by the Planning Board to be necessary to accomplish the objectives of the Lebanon Master Plan and of this section; and shall clearly list all plans, drawings and other submittals that are part of the approved development. Everything shown or otherwise indicated on a plan or submittal that is listed on the conditional use permit shall be considered to be a condition of approval unless otherwise waived by the Planning Board.
- B. Application Procedure. Applications for conditional use permits for planned business parks shall be made in accordance with the procedures set forth in the Subdivision Regulations of the Planning Board. Applications shall comply with all requirements of the Subdivision Regulations, as applicable. Subsequent development of individual lots shall be made in accordance with the procedure set forth in the Site Plan Review Regulations.
- C. Approval of Applications. A conditional use permit shall be issued only if a planned business park complies with all of the requirements of this section.
- D. Phasing of Development. The Planning Board may establish a reasonable timetable for phasing the development of an approved planned business park in order to mitigate the impact of a development on community facilities, services or utilities.
- E. Applicable Requirements. In order to encourage long-range planning and the consistent development of the project as a whole, the dimensional requirements set forth in the planned business park's conditional use permit as evidenced by the Notice of Action of approval shall continue to apply to the Park while it is being developed, in spite of any subsequent revisions of our amendments to this Ordinance. In the event the dimensional requirements are not defined in the Notice of Action, the dimensional requirements contained in the Zoning Ordinance in effect on the date the approval was granted shall govern.
Section 509 Cottage Developments.
509.1 Purpose.
The purpose of this section is to provide opportunities for single family housing that is small, energy-efficient, and affordable; to allow flexibility in site and design standards while promoting projects that ensure compatibility with surrounding land uses and existing neighborhoods; and to promote sustainability and neighborhood interaction through integrated design.
Cottage developments are intended to serve as part of the City’s overall housing strategy to encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods, and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs.
509.2 Applicable Use Districts.
Cottage developments are allowed by conditional use on Class 1 lots in the Pattern Zones Overlay District, R-1, R-2, R-3, R-O, R-O-1, and GC-1 Districts, in accordance with Section 302.4.D and the requirements of this section.
509.3 Number and Arrangement of Units.
Cottages shall be located in one or more clusters to maximize efficiency of land use and to encourage a sense of community among the residents. Each cluster shall include a minimum of three (3) units and a maximum of sixteen (16) units.
509.4 Lot Size.
All cottage developments shall have a minimum lot area specified in the underlying zoning district.
509.5 Density and Lot Coverage.
The maximum lot coverage shall be 60%. A lot coverage of 60-80% may be allowed by Conditional Use Permit pursuant to Section 801.3.
509.6 Design Standards.
The following design standards are intended to define design parameters to create a small community of cottages oriented around open space and to achieve compatibility with adjacent uses.
- A. Individual Cottage Spaces. The site plan approved by the Planning Board shall delineate a regularly shaped building site for each cottage of no less than 1,500 sq. ft. Each such building site shall be usable and may not include wetlands and/or steep slopes.
- B. Detached Cottages. At least 50% of the cottages in the development shall be detached units. The remainer shall be duplexes or rowhomes.
- C. Interior Setbacks. The minimum setback between units within a cottage development shall be 10 feet, measured from the nearest point of the exterior walls.
- D. Common Open Space. A minimum of 400 square feet of common open space shall be provided per cottage and per cluster. The common open space area for each cluster shall be contiguous and shall abut all of the cottages in the cluster. Cottages shall be oriented around and have their main entry from the common open space.
- E. Roofs and Porches.
- 1. The highest point of the roof of the cottage shall not exceed 30 feet.
- 2. Cottages shall have an unenclosed, covered front primary entry and porch of at least 60 square feet in size. The front porch shall be oriented toward a common open space. The intent of this porch requirement is to create outdoor space in each cottage that is visually and physically connected to the common open space and to other cottages.
- G. Existing Dwellings. An existing detached or attached one-family dwelling that is incorporated into a cottage development and is nonconforming with respect to the standards of this section shall be permitted to remain on a site used for a cottage development and shall be considered a cottage for purposes of this section. However, the extent of the noncompliance may not be increased except unless the proposed change is determined by the Planning Board to be consistent in character, scale and design with the cottage housing development.