STATE OF NEW YORK
________________________________________________________________________
S. 328 A. 149
2015-2016 Regular Sessions
SENATE - ASSEMBLY(Prefiled)
January 7, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, SCHIMEL -- Multi-
Sponsored by -- M. of A. BRENNAN, GLICK, TENNEY -- read once and
referred to the Committee on Local Governments
AN ACT to amend the town law, the village law, and the general city law,
in relation to authorizing the enactment of zoning laws and ordinances
to regulate formula retail uses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative Findings. The state legislature has delegated
2 to its local governments the authority to enact zoning and land use
3 regulations pursuant to a duly adopted comprehensive plan. It is well
4 established that such regulations may be enacted to promote such valid
5 public purposes as the protection of historic character, community
6 aesthetics, distinctive community character, and the maintenance of
7 diverse and vibrant commercial areas.
8 The legislature finds that these valid public purposes are being
9 threatened in communities across the state by the phenomenon of formula
10 retail businesses which may serve to erode such resources as historic
11 character, aesthetics, unique community character, and commercial diver-
12 sity that create a sameness that destroys community identity.
13 Many communities across the nation have enacted laws to regulate
14 formula retail uses in order to mitigate these adverse impacts. However,
15 in New York, the statutes which delegate zoning and land use authority
16 to local governments are silent with regard to this new threat to commu-
17 nity character. As a result, local governments have been reluctant to
18 enact regulations, fearing the uncertainty and potential litigation that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00733-01-5
S. 328 2 A. 149
1 such laws may engender because of the lack of specific authority in the
2 state enabling acts.
3 It is the purpose of this act to clarify that local governments have
4 the authority to adopt comprehensive plans and local laws and ordinances
5 regulating these uses to promote the legitimate public purposes related
6 to community character enumerated herein.
7 § 2. The town law is amended by adding a new section 261-d to read as
8 follows:
9 § 261-d. Formula retail uses. 1. For the purposes of this section,
10 the term "formula retail use" shall mean a retail sales establishment
11 which, along with ten or more other retail sales establishments located
12 in the United States, maintains two or more of the following features: a
13 standardized array of merchandise, a standardized facade, a standardized
14 decor and color scheme, a uniform apparel, standardized signage, a
15 trademark or a servicemark.
16 2. Notwithstanding any provision of law to the contrary, zoning regu-
17 lations enacted pursuant to section two hundred sixty-four of this arti-
18 cle may include the regulation, restriction or prohibition of formula
19 retail uses where enacted pursuant to a comprehensive plan and a valid
20 public purpose.
21 § 3. The village law is amended by adding a new section 7-703-b to
22 read as follows:
23 § 7-703-b Formula retail uses. 1. For the purposes of this section,
24 the term "formula retail use" shall mean a retail sales establishment
25 which, along with ten or more other retail sales establishments located
26 in the United States, maintains two or more of the following features: a
27 standardized array of merchandise, a standardized facade, a standardized
28 decor and color scheme, a uniform apparel, standardized signage, a
29 trademark or a servicemark.
30 2. Notwithstanding any provision of law to the contrary, zoning regu-
31 lations enacted pursuant to section 7-700 of this article may include
32 the regulation, restriction or prohibition of formula retail uses where
33 enacted pursuant to a comprehensive plan and a valid public purpose.
34 § 4. The general city law is amended by adding a new section 81-g to
35 read as follows:
36 § 81-g. Formula retail uses. 1. For the purposes of this section, the
37 term "formula retail use" shall mean a retail sales establishment which,
38 along with ten or more other retail sales establishments located in the
39 United States, maintains two or more of the following features: a stand-
40 ardized array of merchandise, a standardized facade, a standardized
41 decor and color scheme, a uniform apparel, standardized signage, a
42 trademark or a servicemark.
43 2. Notwithstanding any provision of law to the contrary, zoning regu-
44 lations enacted pursuant to section eighty-three of this article may
45 include the regulation, restriction or prohibition of formula retail
46 uses where enacted pursuant to a comprehensive plan and a valid public
47 purpose.
48 § 5. This act shall take effect immediately.
