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
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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.
