S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5700
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Subdivision 24 of section 20 of the general  city  law,  as
 amended  by  chapter  742  of  the  laws  of 1979, is amended to read as
 follows:
   24. [To] (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS  SUBDIVISION,
 TO  regulate  and limit the height, bulk and location of buildings here-
 after erected, to regulate and determine the area of yards,  courts  and
 other  open  spaces,  and  to  regulate the density of population in any
 given area, and for said purposes to divide  the  city  into  districts.
 Such regulations shall be uniform for each class of buildings throughout
 any  district,  but  the regulations in one or more districts may differ
 from those in other districts. Such regulations  shall  be  designed  to
 secure  safety  from  fire,  flood  and other dangers and to promote the
 public health and welfare, including, so far as conditions  may  permit,
 provision for adequate light, air, convenience of access, and the accom-
 modation  of  solar  energy systems and equipment and access to sunlight
 necessary therefor, and shall be made  with  reasonable  regard  to  the
 character  of  buildings erected in each district, the value of land and
 the use to which it may be put, to the end  that  such  regulations  may
 promote public health, safety and welfare and the most desirable use for
 which  the land of each district may be adapted and may tend to conserve
 the value of buildings and enhance the  value  of  land  throughout  the
 city.
   (B)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, NO CITY
 SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02119-01-3
              

 A. 5700                             2
 
   (I) ESTABLISH A MINIMUM LOT SIZE OF MORE THAN ONE THOUSAND TWO HUNDRED
 SQUARE FEET;
   (II) REQUIRE THE CONSTRUCTION OF OFF-STREET PARKING SPACES AS A CONDI-
 TION  OF PERMITTING CONSTRUCTION OF ANY BUILDING, EXCEPT THAT A CITY MAY
 REQUIRE THE CONSTRUCTION OF AN  OFF-STREET  AREA  FOR  THE  LOADING  AND
 UNLOADING OF FREIGHT OR OTHER DELIVERIES;
   (III)  PROHIBIT THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR FOUR
 OR FEWER FAMILIES ON A SINGLE LOT, OR  IMPOSE  RESTRICTIONS  ON  HEIGHT,
 SETBACKS,  FLOOR  AREA  RATIOS  OR  ANY  SIMILAR METRIC THAT EFFECTIVELY
 PREVENT THE CONSTRUCTION OR  OCCUPATION  OF  SUCH  A  DWELLING,  IN  ANY
 DISTRICT  IN  WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION IS OTHERWISE
 PERMITTED; OR
   (IV) PROHIBIT THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR SIX OR
 FEWER FAMILIES ON A  SINGLE  LOT,  OR  IMPOSE  RESTRICTIONS  ON  HEIGHT,
 SETBACKS,  FLOOR  AREA  RATIOS  OR  ANY  SIMILAR METRIC THAT EFFECTIVELY
 PREVENT THE CONSTRUCTION OR OCCUPATION OF SUCH A DWELLING, ON A  LOT  IN
 ANY  DISTRICT IN WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION IS OTHER-
 WISE PERMITTED IF SUCH LOT IS WITHIN ONE QUARTER MILE  OF  ANY  COMMUTER
 RAIL OR SUBWAY STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE METRO-
 POLITAN TRANSPORTATION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY, OR THE NEW JERSEY TRANSIT CORPORATION.
   § 2. Section 7-700 of the village law is amended to read as follows:
   § 7-700 Grant of power. [For] 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO
 OF  THIS  SECTION,  FOR  the  purpose  of  promoting the health, safety,
 morals, or the general welfare of the community, the board  of  trustees
 of a village is hereby empowered, by local law, to regulate and restrict
 the  height,  number  of  stories and size of buildings and other struc-
 tures, the percentage of lot that may be occupied, the  size  of  yards,
 courts  and  other  open  spaces,  the  density  of  population, and the
 location and use of buildings, structures and land for trade,  industry,
 residence  or  other purposes.   As a part of the comprehensive plan and
 design, the village board is empowered by local  law,  to  regulate  and
 restrict  certain areas as national historic landmarks, special historic
 sites, places and buildings for the purpose of conservation, protection,
 enhancement and perpetuation of these places of natural  heritage.  Such
 regulations shall provide that a board of appeals may determine and vary
 their application in harmony with the general purpose and intent, and in
 accordance with general or specific rules therein contained.
   2.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, NO VILLAGE
 SHALL:
   A. ESTABLISH A MINIMUM LOT SIZE OF MORE THAN ONE THOUSAND TWO  HUNDRED
 SQUARE FEET;
   B.  REQUIRE  THE CONSTRUCTION OF OFF-STREET PARKING SPACES AS A CONDI-
 TION OF PERMITTING CONSTRUCTION OF ANY BUILDING, EXCEPT THAT  A  VILLAGE
 MAY  REQUIRE  THE CONSTRUCTION OF AN OFF-STREET AREA FOR THE LOADING AND
 UNLOADING OF FREIGHT OR OTHER DELIVERIES;
   C. PROHIBIT THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR  TWO  OR
 FEWER  FAMILIES  ON  A  SINGLE  LOT,  OR  IMPOSE RESTRICTIONS ON HEIGHT,
 SETBACKS, FLOOR AREA RATIOS  OR  ANY  SIMILAR  METRIC  THAT  EFFECTIVELY
 PREVENT  THE  CONSTRUCTION  OR  OCCUPATION  OF  SUCH  A DWELLING, IN ANY
 DISTRICT IN WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION  IS  OTHERWISE
 PERMITTED; OR
   D.  PROHIBIT  THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR SIX OR
 FEWER FAMILIES ON A  SINGLE  LOT,  OR  IMPOSE  RESTRICTIONS  ON  HEIGHT,
 SETBACKS,  FLOOR  AREA  RATIOS  OR  ANY  SIMILAR METRIC THAT EFFECTIVELY
 PREVENT THE CONSTRUCTION OR OCCUPATION OF SUCH A DWELLING, ON A  LOT  IN
 A. 5700                             3
 
 ANY  DISTRICT IN WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION IS OTHER-
 WISE PERMITTED IF SUCH LOT IS WITHIN ONE QUARTER MILE  OF  ANY  COMMUTER
 RAIL OR SUBWAY STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE METRO-
 POLITAN TRANSPORTATION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY, OR THE NEW JERSEY TRANSIT CORPORATION.
   §  3.  Section  261  of the town law, as amended by chapter 458 of the
 laws of 1997, is amended to read as follows:
   § 261. Grant of power; appropriations for  certain  expenses  incurred
 under  this  article.  [For] 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF
 THIS SECTION, FOR the purpose of promoting the health,  safety,  morals,
 or  the  general  welfare  of  the  community,  the town board is hereby
 empowered by local law or ordinance to regulate and restrict the height,
 number of stories and  size  of  buildings  and  other  structures,  the
 percentage  of  lot that may be occupied, the size of yards, courts, and
 other open spaces, the density of population, and the location  and  use
 of  buildings,  structures  and  land  for trade, industry, residence or
 other purposes; provided that such regulations shall apply to and affect
 only such part of a town as is outside the limits  of  any  incorporated
 village  or  city;  provided  further,  that  all  charges  and expenses
 incurred under this article for zoning and planning shall  be  a  charge
 upon the taxable property of that part of the town outside of any incor-
 porated  village  or  city.  The  town  board  is  hereby authorized and
 empowered to make such appropriation as it may see fit for such  charges
 and  expenses,  provided  however,  that such appropriation shall be the
 estimated charges  and  expenses  less  fees,  if  any,  collected,  and
 provided,  that the amount so appropriated shall be assessed, levied and
 collected from the property outside of any incorporated village or city.
 Such regulations may provide that a board of appeals may  determine  and
 vary their application in harmony with their general purpose and intent,
 and in accordance with general or specific rules therein contained.
   2.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, NO TOWN
 SHALL:
   A. ESTABLISH A MINIMUM LOT SIZE OF MORE THAN FIVE THOUSAND SQUARE FEET
 IF A LOT HAS ACCESS TO SEWER AND WATER INFRASTRUCTURE; OR
   B. ESTABLISH A MINIMUM LOT SIZE OF MORE THAN  TWENTY  THOUSAND  SQUARE
 FEET IN ANY AREA.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that any city, town or village that
 has  a  local  law, regulation or other policy that does not comply with
 the provisions of this act shall, prior to the effective  date  of  this
 act,  take  any action necessary to ensure compliance with this act upon
 the effective date of the act.