HERE’S A CHECK-LIST FOR BUFFALO’S HOMEOWNERS & TENANTS
The latest version of the “Green Code” – the City of Buffalo’s proposed new zoning and development ordinance – places a majority of Buffalo’s residential streets in one of two zoning districts: “N-2R” or “N-3R.” Each of these districts is classified as “Residential.” But the vision the Green Code authors have of what makes an attractive and livable “residential” street or block or neighborhood may differ greatly from the desires of many of Buffalo’s homeowners and tenants.
In pursuit of a zoning code that emphasizes “economic development” and fosters a so-called “walkable city,” the proposed Green Code would allow a wide variety of non-residential uses – as well as large apartment or condominium buildings – on blocks and in neighborhoods that today consist primarily of one- and two-family residences. The permitted uses fall into two categories: activities allowed “By Right” – that is, uses that do not require a public hearing or an approval by the Common Council or Zoning Board of Appeals; and, activities requiring a “Special Use Permit” after a public hearing and approval by the Common Council.
Note: Allowing a use by “Special Use Permit” provides nearby property owners and residents less protection from unwanted activities than zoning variances and zoning amendments, and are viewed by the courts – and developers – as the easiest type of zoning approval to obtain.
Here are links to the proposed citywide zoning map, as well as maps for each Council District:
Delaware Council District Zoning Map
Ellicott Council District Zoning Map
Fillmore Council District Zoning Map
Lovejoy Council District Zoning Map
Masten Council District Zoning Map
Niagara Council District Zoning Map
North Council District Zoning Map
South Council District Zoning Map
University Council District Zoning Map
THE FOLLOWING USES ARE ALLOWED “BY RIGHT” IN N-2R & N-3R ZONES: WHICH OF THESE USES WOULD YOU WANT NEXT DOOR OR ON YOUR BLOCK?
– ONE-FAMILY & TWO-FAMILY DWELLINGS: Yes ___ No ___
– MULTIPLE [3 or more] UNIT DWELLINGS: Yes ___ No ___
– COMMUNITY GARDENS (food, crops, trees grown): Yes ___ No ___
– MARKET GARDENS (indoor or outdoor retail sales): Yes ___ No ___
THE FOLLOWING USES ARE ALLOWED BY “SPECIAL USE PERMIT” IN N-2R & N-3R ZONES: WHICH OF THESE USES WOULD YOU WANT NEXT DOOR OR ON YOUR BLOCK?
– ASSEMBLY (community centers, halls, place of worship): Yes ___ No ___
– BED & BREAKFAST (up to 10 guests; max. 30-day stay): Yes ___ No ___
– PUBLIC SAFETY FACILITIES (police, fire, med. emerg.): Yes ___ No ___
– CONVERT EXISTING ONE-FAMILY HOME to add units: Yes ___ No ___
– CONVERT EXISTING TWO-FAMILY HOME to add units: Yes ___ No ___
– PRIMARY and SECONDARY SCHOOLS: Yes ___ No ___
– UTILITIES & SERVICE, Minor (for local needs): Yes ___ No ___
– WIRELESS COMMUNICATIONS (towers & facilities): Yes ___ No ___
– “NEIGHBOR SHOPS” [See explanatory notes below.]: Yes ___ No ___
Note: “Neighborhood Shops” could be established or expanded in pre-1953 buildings originally built or subsequently modified for commercial use on the 1st floor. Allowed uses include taverns, retail and service stores, restaurants (with live entertainment), professional offices, and industrial artisans. Max. size: 2,500 square feet. It does not matter whether the prior commercial use ended decades ago.
Note: For some unexplained reason, the “Principal Uses” Table (“Table 6A”) in the latest version of the Green Code does not list “Neighborhood shops” as a potential use in N-2R and N-3R zones.
HOW LARGE AN APARTMENT BUILDING OR CONDOMINIUM DEVELOPMENT DO YOU WANT ON YOUR RESIDENTIAL STREET?
The proposed Green Code, if not changed by the Common Council, would allow so-called “Stacked Units” buildings – up to 3-stories in height – in N-2R and N-3R zones, on lots as narrow as 30’ wide, and as wide as 100’ on corner lots and 75’ on interior lots. In neighborhoods experiencing or threatened by gentrification, allowing buildings of this size on 75-foot or 100-foot wide lots will encourage developers to purchase several lots and demolish the existing one- and two-family houses.
Note: The Green Code does not require any off-street parking spaces.
As proposed, “Stacked Units” would be allowed to cover up to 80% of the lot in N-2R zones (70% in N-3R zones), with a zero-foot corner side yard, a rear yard as small as 15% of the lot depth, and placement of the building within 3 feet of a residence on an abutting lot.
Example: A three-story, 21,000-square-foot apartment or condominium building could be built – “by right” – on the corner of a residential street in an N-3R zone on a lot 100’ by 100’, and with no side yards if the residence on an adjoining lot was at least three feet from the lot line.
WILL THE GREEN CODE’S VISION FOR “RESIDENTIAL CAMPUSES” HARM THE QUALITY OF LIFE OF THEIR RESIDENTS?
The proposed Green Code includes a zoning district called “D-R Residential Campus.” The “Purpose” of such districts is described in the following manner:
The D-R zone addresses residential campuses, sometimes comprised of garden apartments or towers in a park, and organized as a large-scale, integrated development.
The “Residential Campus” designation can be found throughout the city: On the west side, the Shoreline and Pine Harbor apartments are labeled D-R. In the northeast corner, Highland Park is mapped D-R. Likewise, McCarley Gardens, south of the Buffalo Niagara Medical Campus, the Waterfront Village, adjacent to the Erie Basin Marina, and the Marine Drive Apartments, are all classified as D-R Residential Campus.
Not surprisingly, in the hands of the Green Code’s ardent “mixed use” proponents, the term “residential campus” embraces a dizzying array of non-residential uses alongside the residences:
THE FOLLOWING USES ARE ALLOWED “BY RIGHT” IN THE D-R ZONE: WHICH OF THESE USES WOULD YOU WANT WITHIN YOUR RESIDENTIAL CAMPUS?
– ONE-FAMILY & TWO-FAMILY DWELLINGS: Yes ___ No ___
– MULTIPLE [3 or more] UNIT DWELLINGS: Yes ___ No ___
– DORMITORIES: Yes ___ No ___
– GROUP HOMES: Yes ___ No ___
– RESIDENTIAL CARE FACILITIES: Yes ___ No ___
– ASSEMBLY (centers, halls, places of worship): Yes ___ No ___
– CULTURAL FACILITIES: Yes ___ No ___
– GOVERNMENT OFFICES: Yes ___ No ___
– OPEN SPACE: Yes ___ No ___
– PUBLIC SAFETY FACILITIES (police, fire, med. emer.): Yes ___ No ___
– PRIMARY and SECONDARY SCHOOLS: Yes ___ No ___
– COMMUNITY GARDENS (growing food, crops, trees): Yes ___ No ___
– MARKET GARDENS (indoor or outdoor retail sales): Yes ___ No ___
– MARINA, RECREATIONAL: Yes ___ No ___
– PARKING LOTS, NEIGHBORHOOD: Yes ___ No ___
– DISTRICT ENERGY SYSTEM: Yes ___ No ___
– UTILITIES & SERVICES, MINOR (for local needs): Yes ___ No ___
THE FOLLOWING USES ARE ALLOWED WITH A “SPECIAL USE PERMIT”: WHICH OF THESE USES WOULD YOU WANT WITHIN YOUR RESIDENTIAL CAMPUS?
– LODGES OR PRIVATE CLUBS: Yes ___ No ___
– BED & BREAKFAST (up to 10 guests; max. 30-days): Yes ___ No ___
– HOTEL/HOSTEL: Yes ___ No ___
– ROOMING HOUSE/S.R.O.: Yes ___ No ___
– ALCOHOL SALES: Yes ___ No ___
– AMUSEMENT FACILITIES, INDOOR: Yes ___ No ___
– COMMERCIAL SCHOOLS: Yes ___ No ___
– DAY CARE CENTERS: Yes ___ No ___
– LIVE ENTERTAINMENT: Yes ___ No ___
– MEDICAL CLINICS: Yes ___ No ___
– OPEN-AIR MARKETS: Yes ___ No ___
– RESTAURANTS (including live entertainment): Yes ___ No ___
– RETAIL & SERVICE, GENERAL: Yes ___ No ___
– TAVERNS: Yes ___ No ___
– TOBACCO/HOOKAH/VAPING EST.: Yes ___ No ___
– INDUSTRIAL, ARTISAN: Yes ___ No ___
– PROFESSIONAL OFFICES: Yes ___ No ___
– WIRELESS COMMUNICATIONS (cell towers, facilities): Yes ___ No ___
Note: The proposed Green Code does little, if anything, to protect the current residents of ”Residential Campuses” such as McCarley Gardens from being pushed out of their homes to make way for new and more profitable development. To the contrary, by virtue of the wide variety of uses that would be allow on the so-called “Residential Campus,” the Green Code as currently drafted would provide a major incentive for developers to purchase and demolish a low-income residential development such as McCarley Gardens.
LET YOUR COMMON COUNCIL MEMBER KNOW YOUR POSITION ON THESE AND OTHER GREEN CODE ISSUES:
Council President Pridgen at 851-4980 or dpridgen@city-buffalo.com; Council Member Richard A. Fontana at 851-5151 or rfontana@city-buffalo.com; Council Member David A. Franczyk at 851-4138 or dfranczyk@city-buffalo.com; Council Member Joseph Golombek, Jr. at 851-5116 or jgolombek@city-buffalo.com; Council Member Christopher P. Scanlon at 851-5169 or cscanlon@city-buffalo.com; Council Member Joel P. Feroleto at 851-5155 or jferoleto@city-buffalo.com; President Pro-Tempore David A. Rivera at 851-5125 or darivera@city-buffalo.com; Council Member Rasheed N.C. Wyatt at 851-5165 or rwyatt@city-buffalo.com; Council Member Ylysses O. Wingo, Sr. at 851-5145 or uwingo@city-buffalo.com.
With All Due Respect,
Art Giacalone
With All Due Respect 