"To leverage the economic, social and aesthetic benefits possible with new development opportunities in Buffalo, we need a clear guide and predictable framework. Buffalo needs unambiguous regulations filled with innovative tools and policies responsive to current development trends matching the level of sophistication and interest among developers and the general public for good urban design. What we have now is an often outdated and frequently conflicting system," writes Brian Reilly, Commissioner of Economic Development for the City of Buffalo, in the Buffalo News.
"Buffalo’s zoning code was last updated in 1951 and still governs the placement of 'coal pockets, tipples and trestles' as well as abattoirs, but could not envision internet-based home offices or preventing solar panel encroachments. Changes in business types, demographic trends and household compositions since World War II require changes in the amounts of land zoned for residential, office and industrial uses today.
"Written decades ago and amended haphazardly, our approximately 30 urban renewal plans span 15 to 20 percent of the city. Our award-winning, citizen-driven Comprehensive Plan adopted in 2006 offers an overarching vision without the level of detail to ensure a project specific success. Coupled with outdated zoning, conflicts abound and can potentially drive development away.
"Mayor Byron W. Brown created the city planner position in April to undertake such needed streamlining. This fall he issued a national solicitation to completely modernize Buffalo’s zoning laws into a form-based, 'smart' code that provides the regulatory means to achieve development objectives with greater certainty. Rather than merely regulating land use and density (units per acre, building heights and sizes) such regulations can ensure mixed-use and walkable places tailored to the character of particular neighborhoods with exemplary environmental and urban design principles built right in.
"Ultimately, a new code is the tool. The permitting process must also articulate for developers and architects design objectives up front, remaining consistent in character over time, with a transparent basis for exceptions.
"We are optimistic that we are making progress. Gov. David A. Paterson recently recognized Buffalo’s brownfield planning efforts as a leading example for his Smart Growth Cabinet. The state requested the inclusion of remaining waterfront lands from the outer harbor to Erie Basin, so this planning can consolidate and streamline prior regulations across more than 4,000 acres.
"Permitting has been streamlined, too, with projects like Modern Recycling, PriceRite, Queen City Landing and Genesee Gateway receiving approvals in 30 days or less.
"There is more to do, but the standard is clear. If we want Buffalo to look, feel and work like a 21st century city, we must free current development from past encumbrances with not only a vision, but the finely tuned regulatory mechanisms for the development community to realize that vision.
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