ADU Owner Occupancy: Buffalo vs Clarence
How do adu owner occupancy rules compare between Buffalo, NY and Clarence, NY?
Buffalo, NY
Erie County
Buffalo requires that the property owner occupy either the primary dwelling or the accessory dwelling unit as their principal residence. This owner-occupancy mandate applies at the time of permit issuance and on a continuing basis. Investor-only ADU configurations where no owner lives on the lot are not allowed under the current Green Code framework.
View full Buffalo rules →Clarence, NY
Erie County
No data available yet for Clarence.
Key Facts Comparison
| Fact | Buffalo | Clarence |
|---|---|---|
| Owner-Occupancy | Required (primary or ADU) | - |
| Governing Code | UDO Chapter 496 (Green Code) | - |
| Proof of Residency | STAR, voter reg, license address | - |
| Investor-Only ADUs | Not permitted | - |
| Cross-Reference | STR Chapter 380 special use rules | - |
Highlighted rows indicate differences between cities.
Buffalo FAQ
Do I have to live on the property to have a Buffalo ADU?
Yes. The property owner must occupy either the main dwelling or the ADU as their principal residence. Buffalo does not permit investor-owned ADUs on lots where no owner resides under the current Green Code framework.
What happens if I move out of my Buffalo ADU property?
Continued use of the ADU after the owner moves out can be cited as a zoning violation. The owner should either return the unit to non-dwelling use, sell to a new owner-occupant, or pursue a special use permit under Chapter 380 if intending short-term rental operation.
Clarence FAQ
No FAQs available.
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