original article at: http://www.rochestersubway.com/topics/2015/09/filling-in-zoning-part-2-residential/

Filling In: Zoning Part 2, Residential

By Matthew Denker

Hope your heart is still racing from our introduction to Zoning last week, because this week we’re talking about residential zoning in Rochester!

Contrary to common knowledge, residential zoning isn’t exclusively for residences (nor is commercial zoning exclusively for commercial – it’s a good place to build apartments, in fact). That said, Rochester has 3 specific residential zones that we’re discussing here. Grab your bow tie and let’s go…

Overview

As mentioned already, Rochester has three specific residential zones. No bets on what they are, because you could probably guess them. In order, they are:

• R-1 Low-Density Residential District;
• R-2 Medium-Density Residential District; and
• R-3 High-Density Residential District.

Perhaps surprisingly, residential zoning accounts for nearly 50% of the land area in Rochester.

Oh, I’m going to spoil the whole article right here (but read on anyway!) – There’s not a huge difference between these zones and high-density is a generous description for R-3. Now that I’ve gotten that out of the way, let’s get down to business and talk about each zone specifically.

R-1 Low-Density Residential District

In the zoning’s own words:

The R-1 Low-Density Residential District is intended to maintain residential areas at relatively low densities. The R-1 District is a distinct urban area that is characterized predominantly by owner-occupied, single-family detached and attached homes but often contains a diverse mix of other preexisting higher-density residential uses. Each R-1 neighborhood is unique in character, composition and scale. The district requirements are intended to preserve and promote neighborhoods characterized by unobstructed front yards and pedestrian-scale streetscapes and to protect against undesirable uses and residential conversions.

So what could you build here? You’re basically limited to single family homes (detached or attached, so actually townhouses are ok if you can make the lot coverage work – more on that later), day-care homes, church things (gathering places, convents, rectories, etc.), and some retail and office inside an existing non-residential structure already in the zone (with limited hours). There are also some spectacular special permit uses (things that are permitted, but need an extra level of review, hence – “special”). These include classics, such as parking lots (because of course!) and some public uses including schools, libraries, police stations, utilities, etc. Oh, and you’re prohibited from converting a house into either commercial space or multiple units, so don’t even think about it.

So what ‘parts’ of the city are zoned R-1? Well, 41.35% of them! More than any other zone in the city by far (open space is second with 17% or so). Almost everything off of a major street is zoned R-1 with the exception of a few neighborhoods like Corn Hill (which is all R-3) and the South Wedge (which is mostly R-2). Here’s a clever montage of some R-1 streetviews for you to marvel at. They’re houses.

So I bet if I wanted to build a house, any old one would do, right? Not so fast! In fact, if your lot doesn’t already exist (perhaps you’d like to subdivide), you need 5,000 sqft lots at a minimum for a single house, and 3,000 per unit in a double (for a minimum of 6,000 sqft). Oddly there is no minimum lot size for rows of 3+ units, but don’t think that makes it any simpler, your building can only take up a maximum of 35% of that lot. Then you only get a maximum of 15% more for other impervious surfaces (think the driveway, garage, etc). In addition to all this there are a bunch of yard requirements. the front yard has to match the average of other front yards already on the block (in general it’s better for a new house not to stick out or be set back!) or be 20 feet if there’s nothing else on the block. Oh, and your garage (it it’s detached), must be 10 feet further back than the front wall of your house. Side yards require 5 ft minimum size with a combined 15 ft so one side yard accomodates a driveway (of course!). Oh, and 20 more feet (or the average, but no less than 10) in the back. Finally (and I’m running out of breath here already), your house can’t be taller than 2.5 stories (or 35 feet). And if you build a garage/yurt/shed in the back yard, it can’t be taller than 15 ft. There are also a ton of regulations that apply to the whole city including stuff about fences and floor area and signs and lighting and this and that. I’ll end this with the requirement that there is one off street parking space required for each unit (house/townhouse/etc). This is surprisingly progressive, considering most places require one space per bedroom.

Enough of the words already, show us an example (I imagine you to be saying this right now). Well you’re in luck, because 25 Wilson Street is for sale. Surprisingly, this lot is already the required 5,000 sqft (rare in the city). Here’s a quick layout of about the maximum you could build (you could build a bigger house with no garage, but you start to run up against the 50% coverage).

As a 2 story house, you’d have about 2,400 sqft of living space. The garage is about a car and a half. As for what you couldn’t do with this lot? Well, just about anything else.

R-2 Medium-Density Residential District

In the zoning’s own words:

The R-2 Medium-Density Residential District provides a mix of housing choices. The inclusion of single-family residential, two-family residential and multifamily residential provides a diversity of housing choices while the bulk and density regulations maintain the lower-density scale of the neighborhoods. These residential areas are located proximate to neighborhood-scale shopping and service opportunities. The district requirements are intended to preserve, promote and protect a quality of urban residential living characterized by unobstructed front yards, pedestrian-scale streetscapes and buildings scaled and designed to be compatible with the neighborhood.

In mine: “More R-1.” There isn’t too much R-2 land in the city (it makes up 5.28% of the land area). Most of it is within a few blocks of West Main Street, between Park and Monroe, and in the northernmost parts of the South Wedge.

So what’s the rub? Well, you’ll be shocked to learn, but R-2 is almost exactly the same as R-1. In fact, and you’re going to laugh at this, so try not to, the only material difference is the allowance of two-family dwellings, which are different from single family attached dwellings, in that you could actually put two units in one building without a property line and fire wall separating them. Grab the smelling salts folks, my heart is racing. There are a few extra things you can do with a special use permit like an actual multi-family building, live work space, and the always popular homeless residential facilities.

All of the other R-1 requirements regarding yards and coverage and height all still stand. If you were to get a special permit for multifamily, you need 3,000 sqft of lot for each unit, so to build an 8 unit apartment building by special permit in R-2, you’d need over a half an acre worth of lot (240 feet of frontage with 100 feet of depth). That’s just one example of how the city’s zoning code, for all the areas of progressiveness, still includes a lot of pro-sprawl, auto-oriented, suburban style bias in the requirements.

Surprisingly there is a piece of R-2 land for sale right now at 665 Maple Street . Unfortunately, you can’t do anything with it other than the house shown in the R-1 section. Because of that, let’s take a look at slightly more interesting piece of land – 54 Jefferson Ave , owned by our good friends, the City of Rochester. The lot is a little over 15,000 sqft, so as you’ll see in the image below, we’re going to subdivide it and build two, 2 family homes. Might as well hit the heady density of 11 units per acre with this hypothetical project (that I’ll build, call me Rochester!).

This yields 4, 1350 square foot units (either up/down or side by side, although at 26 ft wide, I recommend up/down), each with their own garage space. With a little squeezing here and there, one could potentially get another single family home on the property in addition to all this, but you start to get egress issues without more street frontage (or being really clever with driveways and easements). Another layout for this property would be 3 single family homes, but then why be R-2?

R-3 High-Density Residential District

As before:

The R-3 High-Density Residential District protects, preserves and enhances existing residential areas of higher density which include multifamily dwellings mixed with other housing types. The R-3 High-Density Residential District is intended to provide residential areas that accommodate higher-density housing while protecting, maintaining and enhancing existing residential areas. The R-3 District may include various housing types ranging from single-family detached to high-density apartments. The district adds to the urban character of Rochester and provides diversity in housing types particularly in proximity to Community Center and Village Center Districts.

What’s different from R-1 and R-2? The of-right to build multifamily housing, of course! Interestingly, there are no lot coverage requirements for these newfangled multifamily buildings, but effectively, for each floor over 3, you have to be farther and farther from the lot lines. It’s complicated, and we won’t talk about it much here. There is also my favorite (so far) hole in the entire zoning code regarding buildings with 3 units in them. I’m planning to cover this hole in depth, but basically, three 1 bedroom apartments in a building can be built on a standard 40×100 city lot that is zoned R-3, while basically everything else cannot (all of the requirements for single family and 2 family homes carry over from R-1 and R-2). Oh, height requirements have changed now. The house can be two times the width of the lot frontage. That’s surprisingly tall, actually. Oh yes, only 3.15% of the city is zoned R-3. Most of the R-3 zoning is in preservation districts as well, somewhat complicating things if you actually want to try and build anything.

I’m going to save my coolest R-3 idea for later, but for now, let’s take a look at what we could do with a property in Corn Hill. A few years ago, the city auctioned off 152 Troup Street (along with 146-148, but that’s not important). Ignoring the winner of the auction (or maybe you-know-who-you-are won it to do something like this, if so – call me!), we’ll riff on what we could do here. As you may have previously read, the property is R-3! I don’t have the exact dimensions of the lot, since it’s been combined, but the most joyous of loopholes will actually allow the lot to be split in two and two 3-family homes to be built each with two 1-bedroom apartments and one 2-bedroom apartment. A little bit of digging, and you’ll find that the parking requirements for such a beast would be 3 spaces on each lot. More interestingly, there are no coverage limits on a 3-family (or any multifamily, actually), but there are still required yards.

So there it is – an of-right development of six apartments at 152 Atkinson. The townhouses would be rental (it’s a 3-family, not 3-single family attached). All would be 3 stories/30 feet tall, allowing for each to be 1,080 sqft. The parking in the back is three standard 9×18 stalls entered off of a shared driveway. The front townhouses would be given entrances facing Atkinson and the shared drive.

The End (of Residential)

As you can see, the Residential zones in Rochester are all pretty similar, do not support much density, and have generally been written with a strong suburban bent. If I had one overarching change, it’d be to push significantly more density on R-2 and R-3. The areas zoned R-2 and R-3 are generally close to downtown, the urban core of the entire region and the most walkable, bikeable, and accessible by transit. This is the most logical, most sustainable place in the entire 9 county metro region for more density to happen. And density does not mean high rises. A surprising amount of elegant, compact, urban living can be achieved in 3-5 story buildings. While the outward appearance of neighborhoods zoned R-2 and R-3 meet the stated purpose of the zoning, most of them are much denser than the same zoning would allow them to build today.

I know we’ve covered a bunch (and left out even more), but I hope this has been a good overview of Residential zoning in Rochester. Be sure to join us next time when we cover Commercial zoning (if you’re still awake).

Breaking Down Racial Barriers: A Community Pulling Together

This 3rd Annual Summit on Race--"Breaking Down Racial Barriers: A Community Pulling Together" hosted by Facing Race, Embracing Equity will take place on Saturday, September 26, 2015, 11 AM to 4 PM, at Wilson Foundation Academy (200 Genesee Street).

Rochester Indymedia will be highlighting some of the folks involved in this effort before the summit as a way to help spread the word. Susan Galloway interviewed three people on September 9, 2015 who were vital to the summit coming together:

Kathy Sweetland

Mike Bleeg

& Jim Thompson.

This year’s Summit is their biggest yet and features 12 concurrent breakout sessions presented by various community members and organizations across Rochester. See those breakout sessions below.

For more information, see: http://faceraceroc.org/summit2015/

Please register here: https://www.regonline.com/builder/site/?eventid=1753479

**Please note that when registering, you can only select ONE breakout session**

Breakout Sessions

This year’s breakout sessions are as follows:

Witnessing Whiteness: The Need to Talk About Race and How to Do It America is often referred to as a melting pot where people from various cultures, ethnicities, and races blend together to create a new American identity. What is that identity? What does it mean to be a white American? What does it mean to be a white person working to eliminate racism? To be a witness? Facilitator: Jean Carroll, YWCA

Re-addressing Power Imbalances through Cultural Humility Cultural humility provides a framework for understanding the significance of the funds of knowledge that exist within each person’s cultural background and identity.  By deepening our cultural humility, we are able to recognize and re-address power imbalances that exist within our immediate social and organizational structures.  Join us for an interactive exploration of cultural humility and its potential impact for understanding the self, interpersonal relationships, and bolstering organizations and movements working for justice. Facilitators: Kristin Hocker, Kit Miller, Malik Thompson, M.K. Gandhi Institute for Nonviolence

Achieving the American Dream:  How Can We Create a Practical Program of Land and Housing for All in Rochester?  Without equal access to land and housing (the “land” in the land of opportunity), the American Dream has proven elusive to many, especially communities of color.  Historically, which groups have had more access to land and affordable housing and how does this affect our current problems with housing insecurity, displacement, and homelessness?  What processes and solutions can we bring to extend housing opportunities that correct historic and present injustices? Facilitator: Ryan Acuff, Take Back the Land Rochester

A Conversation on Race and Poverty Community conversations on race give us a larger lens to explore racial disparity, both personal and systemic. This conversation, developed by the Friends and Foundation of the Rochester Public Library and partner organizations, explores the ways race and poverty are interconnected. Using interactive, experiential guided discussion, participants can become more aware, knowledgeable and confident in engaging others through deeper, more meaningful dialogue. Facilitators: Steve Jarose, James Thompson, Judy Toyer Collaborating organizations: ACT Rochester, Asbury First Methodist Church, Center for Dispute Settlement, Metro Justice, M.K. Gandhi Institute for Nonviolence, National Coalition Building Institute

School to Prison Pipeline· Participants will explore the structural racism built into the educational system and get an in-depth look at how the school climate is criminalizing young people in the Rochester City School District as well as nationwide and what can be done to end it.· Facilitators:  Velverly Caldwell, Ana Casserly, Pat Mannix, Eamonn Scanlon, Sallie Williams Collaborating organizations:  Metro Justice Education Committee and Racial Justice Initiative

The Unite Rochester Challenge The Unite Rochester Challenge is an open contest designed to spark creative community solutions to racism and socioeconomic inequality in our region.  This is an exciting way for nonprofits, along with individuals, educational institutions, businesses and other organizations, to take action. The winning submission will receive financial support and mentorship to put the proposed project into motion. Facilitators:  Julie Philipp, Sheila Rayam, Unite Rochester, Democrat and Chronicle

Police and Community Relations:  How to Build Trust  Participate in a dialogue with members of local law enforcement and community organizations to explore issues, current activities, and important improvements in Police and Community Relations/Trust. Facilitators:  Kerry Coleman, Coalition for Police Reform; KaeLyn Rich, Genesee Valley/ NYS Civil Liberties Union; Wayne Harris, Rochester Police Department; Mike Mazzeo, Rochester Police Department; Ray Mayoliz, City of Rochester

Judicial and Community Relations  Through dialogue about the existence of racial barriers and the lack of available resources in the judicial system, we will discuss ways to build community awareness, understanding, and trusting relationships between young adults and members of the local judiciary.  Facilitators:  Judge Castro, City Court and Acting County Court; Judge Dixon, City Court; Judge Elliott, Drug and Mental Health Courts; Judge Nessler, Family Court; Young adults

Raise the Age: A Comprehensive Reform The Raise the Age initiative has near-term potential to become the most significant reform of New York’s criminal justice system in decades.  It is designed as a positive disruption of the school to prison pipeline which has a disproportionate impact on peoples of color. After a short overview on the status of “Raise the Age”, attendees will engage in discussions and intimate workshop exercises alongside initiative architects, proponents and stakeholders. Facilitators:  Elizabeth Powers, The Children’s Defense Fund; Elaine Spaull,  Governor’s Commission on Youth, Public Safety and Justice; Rosemary Rivera, Citizen Action of New York; Field workers from the Center for Youth

Race and Justice Partnerships  Participants from multiple groups focused on race and justice issues and needs will dialogue with attendees about the importance of community-wide partnerships and what is required to make progress. Facilitators:  Mike Bleeg, Juvenile and Criminal Justice Workgroup; Cynthia Herriott Sullivan, Unite Rochester; Rev. Lewis Stewart, Coalition for Police Reform, United Christian Leadership Ministries; Rev. William Wilkinson, Greater Rochester Community of Churches, Roc ACTS

Developing Authentic Alternatives: From the Streets to Jobs Hundreds of young adults of color, failed by the education system, populate urban streets and corners.  How do we help these individuals move from the streets into jobs?  Who is on the streets, and why? How can we compete with the income in the drug trade? What are the obstacles to legal employment? Join us to wrestle with ways that local social institutions – education, employment training, businesses, and social services – can get outside the racial and socioeconomic box and engage talented people our community has written off. Facilitators: Tim Weider, Neighborhood Consortium and Jobs and Economic Development Workgroup; unemployed neighborhood residents; representatives from education, employment training, businesses, and social services

The Historic and Ongoing Impact of Racism on Public Education This session will include an interactive, historical overview regarding the existence and impact of individual and institutionalized racism in public education, an interactive discussion on ways racism continues to impact public education, and brainstorming of potential short- and long-range solutions. Facilitator:  Howard Eagle, Race and Education Action and Change Workgroup

Related: 52 years ago today a Black church was bombed and four little girls were killed | Dentzel Carousel protest at the Monroe County Building | Civilian Review Board built to fail Benny Warr and other complainants | Rochester’s Sport Caste-rs | Edison Tech student athlete files civil rights lawsuit against police | Yusef Bunchy Shakur: Restoring the Neighbor Back to the 'Hood | An Open Letter From Black revolutionary Assata Shakur | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment

On August 25, 2015, a rally was hosted by the Take It Down Campaign, demanding that Monroe County Executive Maggie Brooks do everything in her power to remove the racist panel on the carousel at Ontario Beach Park. Members of the group demanding it be taken down were on Evan Dawson's Connections. Check it out here: http://wxxinews.org/post/connections-take-down-panel-carousel

The "debate" rages in the press... At Ontario Beach, a carousel with suspect imagery | Carousel critics plan to protest on Sunday | Protesters: Take down offensive images on Ontario Beach Park carousel | Rochester’s Carousel is “Not Garbage Art” | A Carousel of Debate: The Preservation of Ridicule | Neighbors Call Image on 110-Year-old Carousel ‘Racist’ | Board Says County Responsible for Removing Carousel Image | Frankel calls for removal of carousel panel

Demonstrators gathered once again in front of the Federal Building on State Street on September 10 for a vigil in support of the Iran Peace Agreement.  New York Senator Kirsten Gillibrand and local Congress member Louise Slaughter have been supportive of the deal from its inception.  Signs showing gratitude toward them were displayed.  However New York's other senator Chuck Schumer voted with Republicans against the treaty.  

The vigils were held nationwide called by national organizations MoveOn.org and Code Pink. The local one held specific importance because earlier that day a full page ad appeared in the local Democrat and Chronicle accusing Senator Gillibrand of putting "ambition over country" and colluding with "terrorists."  A check of the Gannett paper's web site indicated a cost of $14,000-$18,000 to run the ad locally.

Senator Gillibrand did not collude with terrorists, she listened to her constituents, as well as our military, State department and President all of whom said the treaty was a good idea and a step toward peace.  Failure would likely lead to another disastrous war in the Mideast.  Senator Schumer on the other hand seemed to be more swayed by the same discredited liars and profiteers who misled us into war in Iraq.

The rally ended on a joyous note as Congressional Democrats amassed enough votes to sustain a veto of a Republican bill to nullify the accord. But the struggle is not over. Republicans are planning more attempts to derail the agreement. If a Republican wins the Presidency next year the US could back out of the treaty making war even more likely. The people must be ever vigilant.