Divide remains over Fairport’s zoning code

Fairport’s first zoning overhaul in more than 30 years remains a flashpoint, as debate over the draft code continues.

Residents’ biggest worry: a potential influx of renters and a loss of historic charm.

On Sept. 8, the draft zoning code drew criticism from all six of the village residents who spoke at a Board of Trustees meeting, and one board member expressed concerns about some of its provisions.

Opposition arose more than a year ago, when village officials outlined the Zoning Code Update project to Fairport residents at face-to-face meetings around the village, a virtual online session and at meetings of the Village Board. Most of the opponents of the 229-page Character Based Code asserted that its adoption could produce unwanted changes in a village that’s known for its tree-lined streets and Victorian-style homes.

“We’re going to change the nature of this village,” said Dewey Jackson, a staunch opponent of the CBC, at the meeting.

Roughly two-thirds of Fairport’s residences are owner-occupied, with many homes dating to the early 20th century or earlier.

Color Fairport Green’s Ginny Maier told trustees that the draft code doesn’t address the need to reduce the environmental effects of village residences.

“We, as a country and a community, are not acting fast enough to eliminate our greenhouse gas emissions in order to slow down climate change,” Maier said.

Trustee Emily Mischler expressed the concern that the CBC’s regulations could allow the construction of buildings that are too tall for their surroundings.

“That’s really important to me that we get that right, and I don’t know that we’re there yet,” Mischler said.

Updating the code

The CBC is Fairport’s first effort to update its zoning code since 1992. Village officials presented the first draft of the document on July 29, reviewed public responses to it, then presented an updated version on Sept. 5. The latest version leaves the village with fewer zoning districts, permits the conversion of some single-family homes into multifamily residences and sets conditions under which homeowners can build additions to their residences called accessory dwelling units. The changes could eventually add rental properties to Fairport’s housing stock and might allow the village to have a more diverse population.

“We want people that work in Fairport to be able to live in Fairport, and that’s from the dishwasher to the CEO. That’s important to have a strong community, to have economic diversity, racial diversity,” says village planner Jill Wiedrick, who is facilitating the Zoning Code Update project.

The CBC reflects Fairport’s effort to bring its zoning regulations into line with its 2021 Comprehensive Plan. The plan’s goals include providing more housing choices across the affordability spectrum, among them multiple building types with ownership alternatives. It also calls for land being designated for both single-family and multifamily homes.

In addition, the Comprehensive Plan states that Fairport’s government should promote the growth of medium-density housing, including townhouses, row houses, and apartment buildings, particularly on and around Main Street and downtown. Finally, the village should consider being more flexible about the locations in which ADUs can be located. The structures, which have stirred controversy in New York suburbs, are smaller residences that are attached to a house, or stand separately.

An online survey conducted prior to the adoption of the Comprehensive Plan found that more than 85 percent of respondents lived in single-family homes. But when asked about planning for future housing/residential development, a plurality of 50 percent noted that the village should prioritize a “mix of housing types and price points to attract and accommodate individuals and families with a variety of income levels.”

Thirty percent placed “low density residential development of single-family housing” higher, while others (14 percent) would like to see a priority placed on accessory dwelling units and 6 percent picked the “other” option. (According to U.S. Census data, 65 percent of the village’s housing is single-unit.)

Fairport officials have said that they named the village’s new set of zoning regulations the Character-Based Code for a reason. Unlike the village’s current code, which limits how the land in each of its zoning districts can be used, the draft focuses upon the character of its individual neighborhoods.

“Uses are a consideration, but a more holistic view of our neighborhoods is used,” Wiedrick says.“The CBC uses design requirements and other standards to encourage development that is compatible with the historic fabric of the village.”

Fairport’s Zoning Working Group guided the update process. Wiedrick, Village Manager Bryan White, representatives of the village’s Zoning Board of Appeals and other village officials were all members of that group, along with a representative of the Genesee Transportation Council, which provided $75,000 in federal funds to help finance the project.

Fairport hired Fisher Associates to execute the update and create the new zoning code. The contractor reviewed information on the village, including that which is contained in the Comprehensive Plan. It then assessed Fairport’s current zoning codes, and suggested changes to them.

Redefined districts

The new code consolidates Fairport’s original 11 districts into seven. Of the zones that are primarily intended for housing, the Residential Low Density district is designed to contain single-family detached homes, the Residential Neighborhood district a mix of single and two-family homes, and the Residential Transitional Neighborhood district is characterized by a mix of single, two-family and multifamily homes.

As you go from RDL to RTN, lot, frontage and setback sizes decrease, and housing density increases. All three districts allow ADUs, as long as they are enclosed within or attached to existing single-family dwellings, have only one bedroom and measure no more than 650 square feet. Detached ADUs are prohibited.

Each of the four remaining districts serves a slightly different purpose. In the heart of Fairport, the Downtown District accommodates commercial and multi-story, mixed-use buildings that can simultaneously be put to retail, commercial and residential purposes.

The General Neighborhood District, which is located nearby, supports a variety of uses, including commercial, multifamily residential, mixed-use and light industrial development. The Industrial District offers a place for light industries, including manufacturing, warehousing and wholesaling, that will not have “unreasonable adverse impacts on surrounding land uses.” Finally, the Canal District supports a mix of uses, some of which depend upon the presence of the Erie Canal. Any development in the district must protect its “unique and sensitive environmental features,” and promote and encourage public access to the waterway.

Along with allowing the addition of attached ADUs to single-family homes, the CBC permits the conversion of those that are 3,000 square feet or more in size to two-family residences. The conversion can’t leave the home with a new look or structure.

“The face of them can’t change. You can’t add an entrance to the front,” Wiedrick says.

The homeowner also cannot build a staircase outside onto the structure unless one is required for emergency use. According to Wiedrick, 36 units, or 2 percent of Fairport’s 1,751 single-family homes, meet the size standard for conversion. The village already has 181 two-family homes.

To address the housing needs of middle-income and working-class individuals and families, the CBC mandates that residential developments that have 10 or more rental or for-purchase housing units designate 10 percent of them as “attainable.” Attainable units must be affordable to a household with an income that does not exceed 80 percent of the area median income.

In Monroe County, that’s no more than $83,100 for a family of four. According to the U.S. Census, Fairport’s median household income is $99,805 and 24 percent of households have annual incomes of less than $50,000. 

Developments that involve the substantial rehabilitation of 10 or more units would also have to incorporate attainable housing.

The CBC is also written in a less complex style than the old code, avoids jargon and is organized in a way that makes it easier look up information. Developers might find that beneficial.

“It makes it a lot easier to get development to a community when your code is written so that (it’s) clear and concise,” Wiedrick says.

When the board opened the meeting for public comments, Maier called for changes to the CBC that could reduce “our two biggest sources of greenhouses gases in Fairport,” gasoline-fueled autos and natural gas-heated homes.

“We can significantly reduce the numbers of miles traveled by car, and renovate or build to create more efficient homes if we have smart, sustainable zoning rules,” she said.

To that end, she suggested that the CBC’s regulations on ADUs be made more flexible, so that buildings like detached garages could be turned into residences.

She also called upon the village to reduce or eliminate the minimum square footage requirements for single-to-two-family conversions, permit two to four-family buildings and town homes to be placed in all residential zones, and to eliminate or relax the design standards for new residential buildings and those being renovated.

“We should allow innovation and creativity to meet the needs of a changing climate,” she said.

Multifamily residences

Three of the Fairport residents who spoke up were concerned that adoption of the CBC’s could lead to the proliferation of multifamily residences and ADUs in the village.

“My biggest concerns are technically we have an abundance of homes that are already multifamily,” said Chamberlain Rattelade Winner.

The CBC could also lead to more residential development, including the creation of multifamily units downtown, and the building of more ADUs.  

“Adding those altogether does add a lot of impact into our neighborhood and our village,” Winner said, adding that traffic in the village is already “horrendous.”

Jackson, one of an informal group of Fairport residents that opposes the zoning code update, said property owners could take advantage of the CBC’s provisions for turning single-family homes into duplexes. He pointed out to the board that under the draft, he could change his 2,900-square-foot single-family residence into a two-family home.

“I could build a room, an extension, on the back, be over 3,000, then I’m eligible to convert,” he said.

Property owners could also build ADUs onto their homes to make them eligible for conversion.

“Wholesale conversions would not be good for the village,” Jackson said.

Jackson and Winner did not speak to the board on the impact of additional multifamily residences and ADUs, but prior to the meeting said they believed that they might end up as rental properties. Winner was particularly concerned that non-residents could acquire them.

“They’re buying the homes just because it’s desirable and renting them out, and then we’re having less home ownership in the village and less control,” she said.

Safety concerns

Jackson said new rental properties might draw in the kinds of people whom Fairport’s permanent residents would not desire as neighbors.

“It is very safe to walk the streets of Fairport in the evening and at night,” he said. “Does the same apply to higher-density, more transient communities?” 

Jean Whitney told the board that the adoption of the CBC could leave Fairport less safe for its residents.

“If you start adding rental-after-rental-after-rental, the opportunity for unsafe people to move here would be increased,” Whitney said.

She also believed the CBC’s regulations would allow the construction of three-story and five-story buildings in some residential areas, ruining the views of the residents who live there.

“Think about what you are doing to the future of Fairport if this is passed,” Whitney said.

Longtime village resident Bob Cantwell stepped to the podium to question whether Fairport should even allow the creation of more rental properties.

“How much more multifamily—whether it’s ADUs, or two-families, or two-to-three families or whatever, townhouses—is really necessary, and what does the market dictate?” he said.

After the period for public comments on the CBC ended, Wiedrick answered board members’ questions about the CBC. Mischler questioned the CBC’s limits on building height.

“I’m still concerned about the height that’s allowed in some of the districts,” she said.

Wiedrick said that some of the buildings in Fairport should be taller than others in the village.

“When we’re talking about mixed-use, it’s really appropriate to have a minimum of three stories,” she said.

Under the CBC, four-story buildings can only be constructed if the builder is granted “a special permit to ensure that we’re still meeting those requirements and needs of the community.” Both three and four-story buildings are allowed only in the Downtown District.

Mischler pointed out that the online survey that was conducted as part of the update process “overwhelmingly stated that residents would like to see two to three stories in our community.”

Wiedrick described the CBC as “a good baseline” that has tools that the village could use to deal with problems in the future.

“We’re able to write code and bring it before the Planning Board for recommendation, and ultimately the village for action fairly quickly,” she said.

At the end of the discussion, Deputy Mayor Heidi Woika said that the CBC appears to take both sides of the issues concerning the update.

“We have folks that say we’re doing too much, and then there’s another side that’s saying we’re not doing enough,” she said. “I think this code strikes right in the middle.”

She went on to praise the CBC.

“The code does a really good job of outlining the specifics of how things can happen, and if they do happen, how they should look and fit within the historic character of the village,” she said. “I think it’s really good.”

Mayor Julie Domaratz said the CBC could help the village avoid some of the difficulties that it has had to face under the current zoning code.

“A lot of the work that’s gone into this code is trying to create an environment where some of those ‘mistakes’ or challenges that we’ve faced in the past, that we have a little better control over what’s going on,” she said.

Wiedrick said she planned to review comments with Fisher Associates to see if changes to the CBC are warranted, then look to the Board of Trustees for feedback. That would determine the next steps in the update process.

Mike Costanza is a Rochester Beacon contributing writer. 

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Correction: This article previously misidentified Emily Mischler and Heidi Woika. Mischler is a Fairport village trustee and Woika is deputy mayor.