At Tuesday night's meeting, the Manhattan City Commission enacted a new set of rules regulating building and development.
Commissioners voted 4-1 to approve a new Manhattan Development Code.
Prior to open discussion and Commission action, Chad Bunger, assistant director for community development tried to clear up some “misinformation and confusion” regarding the new MDC.
City administrators and staffers toiled to craft rules tailored to Manhattan specifically, rather than a set of boilerplate regulations
Bunger said that the proposed changes are based in large part on existing structures and circumstances. According to city data, since 2003, a substantial portion of work permits in the Traditional Neighborhood Overlay have been for remodeling and renovating existing structures, indicating that residents are not clamoring for broad changes to land-use and building regulations.
“We crafted our tweaked set of regulations based on around the notion that people are remodeling rather than building new homes,” Bunger said.
City officials say they created language that allows for less-restricted new construction in older neighborhoods, while maintaining the existing character and appearance of the area.
According to Bunger, city staffers regularly hear residents’ concerns that the ordinances handcuff homeowners from making certain improvements to their property. In just the last three years, zoning authorities have seen 74 exception requests, of which nearly 25 percent were for properties in the TNO – which is an exceptionally large proportion considering the TNO makes up just four percent of Manhattan’s total land area.
The exception requests are often for minor renovations such as a front porches, garages, or fences that would not be out of place or significantly alter the character of the neighborhood, but would not conform to current setback or footprint limitations.
City officials say their efforts are aimed at curtailing an obligatory, ponderous process to override what ultimately amount to superfluous restrictions.
“The rules we have today are forcing people to seek exceptions and go through a bureaucratic process,” Bunger said.
The City renamed and combined zones for clarity and efficiency, but the actual function and underlying usage of the zoning codes would by-and-large remain the same, according to Bunger.
“We’re not up-zoning or down-zoning anything,” Bunger said. “Land use will stay the same.”
While one of the purposes of the new MDC is to alleviate tedious bureaucratic steps for property-use exception requests that are most often granted anyway, residents countered that those same tedious steps represented a legitimate review process and created accountability. They felt requiring a property owner to present a good case for experts to review prior to an exception was more than reasonable.
They insist the regulations were their only assurance that they would be able to maintain their neighborhood’s appearance and personality. With the passage of the ordinance, they feel those exceptions are now the rule.
Officials noted there are multiple checks to any building or usage permit. MDC language tries to maintain general neighborhood characteristics by addressing setback distances and total lot coverage to prevent oversized buildings. General zoning restrictions, subdivision regulations, and public works guidelines would prevent a truck stop or mega-mart in the middle of small, prewar family homes.
The commission voted to approve the new building codes and then immediately voted to direct the Planning Board to review much of the new ordinance.
The consensus reflected Mayor Wynn Butler’s concern about outsized new mansions driving away owners of older, smaller homes. Commissioner Usha Reddi said homeowners deserve more information and the city needs to ensure people “know what’s going on in their own neighborhood, for communication and trust.”
Commissioner Linda Morse echoed concerns about working to facilitate better public access to plans for any development or building requests with potential to affect their home and neighborhood.
“I don’t want the public part of the process to disappear just because we’re changing these rules,” she said.