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Home > City Departments > Office of Strategic Planning > Zoning Board > Occupancy/Use

Occupancy/Use


Occupancy or Use at a property means the current legal Use or Uses to which a building and its site are being put.

The Permit Office keeps records of what the Use is at each Buffalo property. The Building Code Of New York State describes the different types of Occupancy/Use; for example, 1-Family Dwelling, 2-Family Dwelling, Multiple Dwelling, Business, Mercantile, Industrial, Storage, Assembly, Institutional and Miscellaneous (communications towers, marinas and boatyards, for example)

Each use is created by a type of permit called a Convert Use permit, issued by the Permit Office. As well, each change of use at a property is created by a Use permit.

The use or uses that a property has, stay in place until changed by a new permit. (There is an exception to this rule: A use that was existing at a property before Zoning districts were created, and which now is a use which wouldn't be permitted as a new use in that district, is called a Non-Conforming Use. A non-conforming use can only continue at a property as long as it is actively being used as its Use, and further, that any period of time that it is not in active use does not span longer than a year.)

Use at a property is regulated by the City, which administers both The Building Code Of New York State and the Zoning ordinances, Chapter 511 of the City Charter.

As stated before, the NYS Code describes the different types of Occupancy/Use; 1-Family Dwelling, 2-Family Dwelling, etc.; all uses in Buffalo are dictated by this list.

The Zoning ordinances legislate Buffalo's different zoning Districts, and describe which Uses are permitted in each district. If a use is not permitted in a zoning district, it may be allowed (under permit) after a review by the City Common Council or the Zoning Board of Appeals or another City Board. (For more details, bring your project description and a survey of the property to the Permit Office).

Note: The change to the new Building code of New York State for all of new York State, scheduled to be complete by January 1st, 2003, will make some changes to the above Use classifications.