In Buffalo, NY, there are specific rules for developing property. These include codes for residential areas and getting the right permits. It's all about keeping the city looking good and growing the right way. If someone doesn't cut their weeds or take care of their yard within five days, they get fined $150, and other penalties may follow¹. In 2017, Buffalo started using the Unified Development Ordinance (UDO) to make housing and environmental rules clearer and more effective.

If you own property or want to build, you can look up your zoning online or talk to the Permit Office. To change a zoning map, the property owner must ask for it and the City Planning Board looks at it within 30 days². If there's a problem with weeds or a building isn't kept up, the Commissioner of Street Sanitation can step in. They might even hire someone to fix it and then bill the owner¹. Making sure buildings are clean and in good shape without graffiti or damage is another big part of the law¹.

Key Takeaways

• Buffalo zoning ordinances dictate property maintenance standards.
• Compliance with vegetation control and building upkeep is mandatory.
• The Unified Development Ordinance (UDO) streamlines zoning regulations.
• Zoning Map amendments require authorization and a thorough review process.
• The City of Buffalo Property Viewer helps determine property zoning designations.

Introduction to Residential Zoning in Buffalo, NY

Residential zoning in Buffalo is all about organizing how land is used to meet specific goals. It helps ensure that land development works well for everyone. This impacts public health and safety, how areas look, and keeping the city in order. Knowing the basics of what zoning means and its goals matters a lot for both locals and investors.

What is Zoning?

Zoning shapes our urban spaces by stating what can be built where. In Buffalo, it separates the city into zones like residential, commercial, or industrial. This stops mismatched land uses and supports orderly growth. Building rules and design guidelines are part of this. They help make neighborhoods that are both nice to look at and functional³.

The Purpose of Zoning Laws

Zoning laws aim to keep everyone safe and protect the environment. In Buffalo, they bring all rules into one clear document. It helps everyone know what to do³. These laws make areas that are easy to walk around and green. They also focus on keeping communities stable³. Laws ensure spaces work well together, creating better places to live³. City inspectors check these laws are followed for safety and health⁴.

In Buffalo, zoning is key to managing growth and keeping a high quality of life. The city’s focus is on clear rules, better planning, and a balance between development and wellbeing³⁴.

Overview of Buffalo's Unified Development Ordinance (UDO)

The Buffalo Green Code, known as the Unified Development Ordinance (UDO), is a key legal document. It helps guide the city in planning and zoning. This is the first major zoning update since 1953. The UDO blends rules about land division and public areas into one clear document⁵. It aims to make neighborhoods easy to walk through and supports the use of public transit. By keeping the unique feel of neighborhoods, the Buffalo Green Code aims for a green and thriving city⁵. You can learn more by visiting the official Buffalo Green Code website.

History and Adoption of the UDO

It took nearly seven years of getting the community involved to introduce the UDO in Buffalo⁵. This big step changed how the city plans and uses land. Buffalo set an example of innovative zoning with this move⁵. The UDO combined different rules into one clear manual⁵. It made sure housing development rules were easy to understand. Making green growth a main goal for Buffalo's future.

Key Components of the UDO

The UDO has many parts like the Zoning Map and rules about buildings and land use⁵. These parts ensure the city grows in an organized way that's good for everyone⁶. It sets standards to keep people safe and support Buffalo's development plans.

The UDO lists eighty-six types of uses in a simple table⁶. It has tables for Building Types, Frontage Types, and Principal Uses. This helps keep housing standards consistent across the city⁵. The UDO helps create a lively and well-balanced city environment.

Zoning Districts in Buffalo, NY

Buffalo’s zoning strategy neatly plans for various developments such as homes, mixed areas, and business districts. This organization helps the city grow well and stay healthy.

Residential Zoning Districts

Residential zones in Buffalo keep neighborhoods nice while letting new home areas be built. Places like N-4-30 and N-4-50 are for single-family houses. Areas like N-3R and N-2R let different types of homes be near business areas⁷.

These zones make sure people have good places to live. They match the right type of homes to each area’s needs.

Mixed-Use Zoning Districts

Mixed-use zones like N-1C and N-2E help make lively areas where people can live, work, and shop⁷. These areas mix homes and shops. They help Buffalo’s neighborhoods be more active and social.

Such zones are key to making the city better to live and work in. They follow a big plan to improve life and business together.

Commercial Zoning Districts

Zones like N-1D and N-1S boost Buffalo’s shopping and job areas⁷. They're set up for big projects and often focus on business centers. These commercial zones help the city’s economy grow.

They make sure there are special spots for shops and businesses. This follows both local and bigger planning rules.

Buffalo’s zoning ensures the city develops smoothly and smartly. It supports stable growth in living spaces, busy areas, and shopping spots. By clearly defining zones, Buffalo stays organized and thriving.

Types of Residential Zoning in Buffalo

In Buffalo, single-family zoning helps keep neighborhoods special. It includes Residential Commercial District (R-C) and Single-Family Residential District (R-1). These make sure homes fit the neighborhood vibe⁸. These rules control how big and what design buildings can have. They keep everyone safe and the area looking good⁸.

Multi-dwelling units such as duplexes and apartments are welcome in Buffalo too. They're part of zones like the Multi-Family Residential District (R-3). This setup meets the need for various living spaces, ensuring quality neighborhoods⁸.

Apartment buildings follow tight apartment complex codes. Seen in the Residential/Open Space District (R-O) and Business District (B-1), these ensure apartments are safe. They must pass inspections based on New York State's housing laws⁹. It's about keeping homes safe and in good shape for everyone⁹.

The city cleverly blends living and commercial spaces. It's done with mixed-use zones, enhancing the vibe and making good use of space. These rules ensure neighborhoods and businesses get along well, keeping Buffalo unique⁸.

For all you need to know about Buffalo's zoning, check out the detailed guide here⁸.

The Zoning Approval Process in Buffalo

Getting zoning approval in Buffalo is a detailed process. It ensures that buildings and developments follow local rules. Knowing about permits, how to apply, and the Zoning Board of Appeals Buffalo is key for success.

Permit Requirements

Before applying, make sure you have all needed documents and plans. For projects over $25,000, a licensed professional must seal and sign construction documents¹⁰. Also, you need three sets of blueprints and property survey copies, all properly signed and sealed¹⁰. This helps keep everything according to Buffalo's zoning rules.

During the building phase, like digging and laying foundations, you need different permits and inspections¹⁰. When the work is done, you'll get either a Certificate of Occupancy or Compliance¹⁰. Starting without the right permits can lead to fines¹⁰.

Application Procedures

The application process for permits includes several steps. Your plans must follow The Building Code of New York State and be checked by different departments¹⁰. Local governments in New York can set their zoning rules based on state law¹¹.

If changes are needed, submit three new sets of plans with the right seals and signatures¹⁰. This step is vital to make sure your project meets all requirements. This thorough review helps maintain Buffalo's zoning standards.

The Role of the Zoning Board of Appeals

The Zoning Board of Appeals Buffalo has a crucial role. They look at appeals and can grant special permissions or exceptions. The ZBA makes sure everything follows the city's rules and is good for the community¹⁰.

New York local governments can use tools like incentive zoning to manage rules flexibly¹¹. This helps adapt to different needs while keeping to Buffalo's zoning requirements.

Special Use Permits for Residential Properties in Buffalo

In Buffalo, special use permits let specific activities happen in residential zones. These activities might not fit perfectly with existing rules. However, they're seen as good for the community. Getting a special use permit means you can use your property in ways that benefit everyone. It's a way to make sure that unique land uses fit in with the community's goals.

Definition and Purpose

A special use permit is a tool in Buffalo for allowing uncommon uses of land. It's meant to make the city more flexible and dynamic. This ensures that new uses fit well with what's around them. For instance, it could let someone run a small business from their home. This can happen if it follows the rules and keeps the neighborhood nice.

How to Apply for a Special Use Permit

Here's how to apply for a special use permit in Buffalo:

1. Pre-application Meeting: Start by talking to the Planning Department. This helps make sure your idea works well with local rules and goals.
2. Application Submission: Next, you need to hand in your application. This includes details about what you want to do, plus plans and impact studies.
3. Public Hearing: Then, there's a public hearing. People can share their thoughts about your project. This step is open and uses resources like OpenData Buffalo and the Zoning Ordinances & Districts page¹².
4. Review and Decision: The Planning Board and Zoning Board check everything next. They decide if your idea fits well in the area¹².
5. Notification and Compliance: If you get the permit, you must follow all the rules. This keeps a good balance in the community¹³.

It's smart to get legal help during this process. Lawyers know the zoning laws well. Being well-prepared and informed makes it more likely you'll get the permit in Buffalo.

Variances in Residential Zoning in Buffalo

In Buffalo, a zoning variance lets property owners use or develop land differently from current zoning laws. It provides a way to consider special property needs or issues. For anyone buying land for the first time, knowing about variances is key since they can greatly affect development options¹⁴.

What is a Variance?

A variance means you can do things not usually allowed by zoning laws in Buffalo. Property owners might need one if rules make their project hard to do. This can include building taller structures or different land uses, enhancing development chances. They're vital in places with tough zoning rules, helping address New York's housing shortage¹⁵.

Criteria for Granting Variances

The City of Buffalo's zoning board looks at a few key things to grant a variance. Important points they consider are:

• Unique Hardship: The property must have specific issues making strict zoning rules a big problem.
• Minimal Impact: The variance can't majorly change the area's feel or negatively affect nearby properties¹⁵.
• Compliance with Public Interest: It has to be good for the public, keeping safety and well-being in mind, like following rules for zones near busy roads¹⁵
.

Appealing a Variance Decision

If not happy with the zoning board's choice, property owners in Buffalo can appeal. This process involves making your case to the Zoning Board of Appeals at their regular meetings. In 2024, they meet on these dates at Amherst Town Hall: February 21st, April 17th, June 18th, August 21st, October 16th, and December 18th¹⁴. Being well-prepared and getting legal help can boost your appeal's success¹².

Site Plan Review Process in Buffalo

In Buffalo, the site planning process requires a comprehensive review. This is to make sure it fits the Unified Development Ordinance (UDO). The review looks at things like layout, design, utilities, and how it impact the environment. Projects over $20,000 must have plans by a registered architect or licensed engineer in New York State¹⁶. A permit is given only after approval from all required offices. Also, inspections are done at various points, including after incidents¹⁶.

For site plan approval in Buffalo, you need to submit detailed plans. These plans show current and future structures, work areas, and distances to property lines. They must follow the Family of Building Codes of New York State¹⁶. Towns can choose the review board and method that work best for them¹⁷. The designated board looks at the land, planned work, and its effects on the community. This ensures the project follows all rules¹⁷.

For residential projects, a detailed review is needed. Projects costing more than $20,000 have to be signed off by a NY-certified design expert¹⁶. A planning board might give conditional approval for the site plans. This is needed before a building permit is issued. This step checks that everything meets zoning laws¹⁷. This careful process ensures buildings are safe and follow local rules for the good of everyone¹⁸.

Historical Preservation and Zoning in Buffalo

Buffalo is famous for its beautiful buildings and history. The city combines saving old places with its zoning laws. These rules help keep important cultural and historical sites safe from new construction. Buffalo shows it cares about keeping its unique architectural story alive alongside new growth.

The Preservation Ordinance is key to protecting important buildings and areas. About 4% of Buffalo's properties are covered by Section 337 of the City Code. There's a chance to protect even more buildings to preserve Buffalo’s past¹⁹. The city also takes part in the Federal and State Historic Tax Credit Program. This program has raised almost a billion dollars to help save Buffalo's old buildings¹⁹.

Special zoning rules help keep historic districts looking as they should. If someone wants to change the outside of a landmark, they need to get a special approval. The Preservation Board makes sure any changes fit with the area's history²⁰. To see Buffalo’s effort in keeping history alive and check out the landmarks, visit the Historic Preservation page.

FAQ

What is Zoning?

Zoning is how cities manage development. It divides land into zones for different uses like housing or businesses. This process helps keep communities safe, healthy, and looking good.

What is the primary purpose of zoning laws?

Zoning laws aim to keep people safe, healthy, and happy. They stop bad land use and help plan for the future. This makes sure growth is organized and good for the community.

What is the Unified Development Ordinance (UDO)?

The UDO, or Buffalo Green Code, controls land use in Buffalo. It's the main rulebook for the city's planning and zoning. It guides how development should happen.

How can I find out my property's zoning designation in Buffalo?

To learn your property's zoning in Buffalo, check the City of Buffalo Property Viewer or visit the Permit Office. For more help, you can call the Permit Office too.

What are the different zoning districts in Buffalo?

Buffalo has zones for homes, businesses, and mixed-use areas. Each zone has rules about how big buildings can be and what they can be used for. This helps the city develop in a neat way.

What types of residential zoning exist in Buffalo?

In Buffalo, residential zoning includes places for single houses or apartment buildings. These rules control how dense a place can be, how big properties are, and parking.

What is the role of the Zoning Board of Appeals (ZBA) in Buffalo?

The ZBA in Buffalo checks on special permits, variances, and appeals. They make sure everything follows the city's rules and benefits the community. They're key in the zoning process.

What are Special Use Permits for residential properties?

Special Use Permits let certain activities happen in residential areas that usually aren't allowed. This is only if they're good for the community. Getting one involves a public hearing and a lot of checking.

What is a variance in residential zoning?

A variance lets property owners use or develop their land in ways not normally allowed. It's given when there's a good reason, like a unique situation or if it fits well with the area.

How do I apply for a zoning variance in Buffalo?

To get a zoning variance in Buffalo, you submit an application to the ZBA. You must show why your situation is special. This often means showing why it's right for the community.

What is involved in the site plan review process in Buffalo?

Buffalo's site plan review looks at how a development fits with the area. It checks things like layout and impact on the environment. This makes sure it meets the city's development rules.

How does Buffalo integrate historical preservation into its zoning regulations?

Buffalo uses special zoning rules to protect important buildings and places. This helps the city grow without losing its history. It shows Buffalo's dedication to keeping its unique character.

Source Links

1. City of Buffalo, NY: Property Maintenance - https://ecode360.com/11767344
2. 11.3 Zoning Approvals - https://bufgreencode.com/administration-approvals/zoning-approvals
3. PDF - https://www.buffalogreencode.com/documents/New_Directions_Tech_Report.pdf
4. ADU Laws and Regulations in Buffalo - 2024 - https://www.steadily.com/blog/adu-laws-regulations-buffalo
5. Unified Development Ordinance – The... (Green Code Components) - https://www.buffalogreencode.com/green-code-components/unified-development-ordinance/
6. Zoning Law – With All Due Respect - https://withallduerespectblog.com/category/zoning-law/
7. 3.1 Zone Descriptions - https://bufgreencode.com/neighborhood-zones/zone-descriptions
8. Chapter 210 - https://www2.erie.gov/village_alden/sites/www2.erie.gov.village_alden/files/uploads/pdfs/Chapter 210 FINAL LL 13.pdf
9. Duplex Conversion Laws and Regulations In Buffalo, NY in 2024 - https://www.steadily.com/blog/duplex-conversion-laws-regulations-buffalo-ny
10. Permit Process | Buffalo, NY - https://www.buffalony.gov/722/Permit-Process
11. PDF - https://www.adstach.com/content/Zoning and Land Use Laws (NY) final.pdf
12. Buffalo NY Zoning Laws Every Land Buyer Should Know | We Sell New York Land & Beyond - https://www.wesellnewyorkland.com/buffalo-ny-zoning-laws-every-land-buyer-should-know/
13. City of Buffalo, NY: Housing Standards - https://ecode360.com/11767315
14. Variances - https://dos.ny.gov/code/variances
15. The impact of zoning laws on New York State real estate - https://www.colesorrentino.com/the-impact-of-zoning-laws-on-new-york-state-real-estate/
16. Plan Review Process | Buffalo, NY - https://www.buffalony.gov/519/Plan-Review-Process
17. site plan review.indd - https://dos.ny.gov/system/files/documents/2023/01/site-plan-review.pdf
18. PowerPoint Presentation - https://www3.erie.gov/environment/sites/www3.erie.gov.environment/files/2024-05/erie-county-zoning-and-planning-case-law-update-and-ethics-5-6-24-17231568.1-20240501.pdf
19. PDF - https://preservationbuffaloniagara.org/wp-content/uploads/PBN-047-PBN-Report-FINAL.pdf
20. Zoning and Historic Preservation - https://ppgbuffalo.org/files/documents/workshoplabforum_materials/land_use_and_zoning_and_historic_preservation_ppt.pdf

‍