STATE OF NEW YORK ________________________________________________________________________ 5700 2023-2024 Regular Sessions IN ASSEMBLY March 22, 2023 ___________ Introduced by M. of A. KELLES -- read once and referred to the Committee on Local Governments AN ACT to amend the general city law, the village law and the town law, in relation to limiting a municipality's authority to impose certain zoning requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 24 of section 20 of the general city law, as 2 amended by chapter 742 of the laws of 1979, is amended to read as 3 follows: 4 24. [To] (a) Except as provided in paragraph (b) of this subdivision, 5 to regulate and limit the height, bulk and location of buildings here- 6 after erected, to regulate and determine the area of yards, courts and 7 other open spaces, and to regulate the density of population in any 8 given area, and for said purposes to divide the city into districts. 9 Such regulations shall be uniform for each class of buildings throughout 10 any district, but the regulations in one or more districts may differ 11 from those in other districts. Such regulations shall be designed to 12 secure safety from fire, flood and other dangers and to promote the 13 public health and welfare, including, so far as conditions may permit, 14 provision for adequate light, air, convenience of access, and the accom- 15 modation of solar energy systems and equipment and access to sunlight 16 necessary therefor, and shall be made with reasonable regard to the 17 character of buildings erected in each district, the value of land and 18 the use to which it may be put, to the end that such regulations may 19 promote public health, safety and welfare and the most desirable use for 20 which the land of each district may be adapted and may tend to conserve 21 the value of buildings and enhance the value of land throughout the 22 city. 23 (b) Notwithstanding any provision of law to the contrary, no city 24 shall: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02119-01-3
A. 5700 2 1 (i) establish a minimum lot size of more than one thousand two hundred 2 square feet; 3 (ii) require the construction of off-street parking spaces as a condi- 4 tion of permitting construction of any building, except that a city may 5 require the construction of an off-street area for the loading and 6 unloading of freight or other deliveries; 7 (iii) prohibit the construction and occupation of a dwelling for four 8 or fewer families on a single lot, or impose restrictions on height, 9 setbacks, floor area ratios or any similar metric that effectively 10 prevent the construction or occupation of such a dwelling, in any 11 district in which residential construction and occupation is otherwise 12 permitted; or 13 (iv) prohibit the construction and occupation of a dwelling for six or 14 fewer families on a single lot, or impose restrictions on height, 15 setbacks, floor area ratios or any similar metric that effectively 16 prevent the construction or occupation of such a dwelling, on a lot in 17 any district in which residential construction and occupation is other- 18 wise permitted if such lot is within one quarter mile of any commuter 19 rail or subway station owned, operated or otherwise served by the metro- 20 politan transportation authority, the port authority of New York and New 21 Jersey, or the New Jersey transit corporation. 22 § 2. Section 7-700 of the village law is amended to read as follows: 23 § 7-700 Grant of power. [For] 1. Except as provided in subdivision two 24 of this section, for the purpose of promoting the health, safety, 25 morals, or the general welfare of the community, the board of trustees 26 of a village is hereby empowered, by local law, to regulate and restrict 27 the height, number of stories and size of buildings and other struc- 28 tures, the percentage of lot that may be occupied, the size of yards, 29 courts and other open spaces, the density of population, and the 30 location and use of buildings, structures and land for trade, industry, 31 residence or other purposes. As a part of the comprehensive plan and 32 design, the village board is empowered by local law, to regulate and 33 restrict certain areas as national historic landmarks, special historic 34 sites, places and buildings for the purpose of conservation, protection, 35 enhancement and perpetuation of these places of natural heritage. Such 36 regulations shall provide that a board of appeals may determine and vary 37 their application in harmony with the general purpose and intent, and in 38 accordance with general or specific rules therein contained. 39 2. Notwithstanding any provision of law to the contrary, no village 40 shall: 41 a. establish a minimum lot size of more than one thousand two hundred 42 square feet; 43 b. require the construction of off-street parking spaces as a condi- 44 tion of permitting construction of any building, except that a village 45 may require the construction of an off-street area for the loading and 46 unloading of freight or other deliveries; 47 c. prohibit the construction and occupation of a dwelling for two or 48 fewer families on a single lot, or impose restrictions on height, 49 setbacks, floor area ratios or any similar metric that effectively 50 prevent the construction or occupation of such a dwelling, in any 51 district in which residential construction and occupation is otherwise 52 permitted; or 53 d. prohibit the construction and occupation of a dwelling for six or 54 fewer families on a single lot, or impose restrictions on height, 55 setbacks, floor area ratios or any similar metric that effectively 56 prevent the construction or occupation of such a dwelling, on a lot in
A. 5700 3 1 any district in which residential construction and occupation is other- 2 wise permitted if such lot is within one quarter mile of any commuter 3 rail or subway station owned, operated or otherwise served by the metro- 4 politan transportation authority, the port authority of New York and New 5 Jersey, or the New Jersey transit corporation. 6 § 3. Section 261 of the town law, as amended by chapter 458 of the 7 laws of 1997, is amended to read as follows: 8 § 261. Grant of power; appropriations for certain expenses incurred 9 under this article. [For] 1. Except as provided in subdivision two of 10 this section, for the purpose of promoting the health, safety, morals, 11 or the general welfare of the community, the town board is hereby 12 empowered by local law or ordinance to regulate and restrict the height, 13 number of stories and size of buildings and other structures, the 14 percentage of lot that may be occupied, the size of yards, courts, and 15 other open spaces, the density of population, and the location and use 16 of buildings, structures and land for trade, industry, residence or 17 other purposes; provided that such regulations shall apply to and affect 18 only such part of a town as is outside the limits of any incorporated 19 village or city; provided further, that all charges and expenses 20 incurred under this article for zoning and planning shall be a charge 21 upon the taxable property of that part of the town outside of any incor- 22 porated village or city. The town board is hereby authorized and 23 empowered to make such appropriation as it may see fit for such charges 24 and expenses, provided however, that such appropriation shall be the 25 estimated charges and expenses less fees, if any, collected, and 26 provided, that the amount so appropriated shall be assessed, levied and 27 collected from the property outside of any incorporated village or city. 28 Such regulations may provide that a board of appeals may determine and 29 vary their application in harmony with their general purpose and intent, 30 and in accordance with general or specific rules therein contained. 31 2. Notwithstanding any provision of law to the contrary, no town 32 shall: 33 a. establish a minimum lot size of more than five thousand square feet 34 if a lot has access to sewer and water infrastructure; or 35 b. establish a minimum lot size of more than twenty thousand square 36 feet in any area. 37 § 4. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law; provided that any city, town or village that 39 has a local law, regulation or other policy that does not comply with 40 the provisions of this act shall, prior to the effective date of this 41 act, take any action necessary to ensure compliance with this act upon 42 the effective date of the act.