Legislation
SECTION 7-709
Exemption of lots shown on approved subdivision plats
Village (VIL) CHAPTER 64, ARTICLE 7
§ 7-709. Exemption of lots shown on approved subdivision plats. 1.
Notwithstanding any inconsistent provision of this chapter or of any
general, special or local law, the provisions of a zoning local law
hereafter adopted, or of a change or amendment thereto, which
provisions:
(a) establish or increase lot areas or lot dimensions which are in
excess of the areas or dimensions of the lots shown and delineated on a
residential subdivision plat which has been duly approved by the
planning board, or other board or officer vested with authority to
approve subdivision plats, if any, of the village in which the land
shown on said plat is situate, and duly filed in the office of the
recording officer of the county in which the land shown on said
subdivision plat is situate; or
(b) establish or increase side, rear or front yard or set back
requirements in excess of those applicable to lots under the provisions
of the zoning ordinance or local law, if any, in force and effect at the
time of the filing of said duly approved residential subdivision plat or
first section thereof;
shall not, for the period of time prescribed in subdivision two of
this section, be applicable to or in any way affect any of the lots
shown and delineated on such subdivision plat.
2. If at the time of the filing of the subdivision plat or first
section thereof referred to in subdivision one of this section there was
in the village:
(a) both a zoning ordinance or local law and a planning board vested
with authority to approve subdivision plats, then the exemption provided
for in subdivision one of this section shall apply for a period of three
years after the filing of the approved subdivision plat or first section
thereof; or
(b) a zoning ordinance or local law in effect in the village but there
was no planning board in said village vested with authority to approve
subdivision plats, then the exemption provided for in subdivision one of
this section shall apply for a period of two years after the filing of
the approved subdivision plat or first section thereof; or
(c) no zoning ordinance or local law in the village but there was a
planning board vested with authority to approve subdivision plats, then
the exemption provided for in subdivision one of this section shall
apply for a period of two years after the filing of the approved
subdivision plat or first section thereof; or
(d) no zoning ordinance or local law in the village and no planning
board vested with authority to approve subdivision plats, then the
exemption provided for in subdivision one of this section shall apply
for a period of one year after the filing of the subdivision plat or
first section thereof.
Notwithstanding any inconsistent provision of this chapter or of any
general, special or local law, the provisions of a zoning local law
hereafter adopted, or of a change or amendment thereto, which
provisions:
(a) establish or increase lot areas or lot dimensions which are in
excess of the areas or dimensions of the lots shown and delineated on a
residential subdivision plat which has been duly approved by the
planning board, or other board or officer vested with authority to
approve subdivision plats, if any, of the village in which the land
shown on said plat is situate, and duly filed in the office of the
recording officer of the county in which the land shown on said
subdivision plat is situate; or
(b) establish or increase side, rear or front yard or set back
requirements in excess of those applicable to lots under the provisions
of the zoning ordinance or local law, if any, in force and effect at the
time of the filing of said duly approved residential subdivision plat or
first section thereof;
shall not, for the period of time prescribed in subdivision two of
this section, be applicable to or in any way affect any of the lots
shown and delineated on such subdivision plat.
2. If at the time of the filing of the subdivision plat or first
section thereof referred to in subdivision one of this section there was
in the village:
(a) both a zoning ordinance or local law and a planning board vested
with authority to approve subdivision plats, then the exemption provided
for in subdivision one of this section shall apply for a period of three
years after the filing of the approved subdivision plat or first section
thereof; or
(b) a zoning ordinance or local law in effect in the village but there
was no planning board in said village vested with authority to approve
subdivision plats, then the exemption provided for in subdivision one of
this section shall apply for a period of two years after the filing of
the approved subdivision plat or first section thereof; or
(c) no zoning ordinance or local law in the village but there was a
planning board vested with authority to approve subdivision plats, then
the exemption provided for in subdivision one of this section shall
apply for a period of two years after the filing of the approved
subdivision plat or first section thereof; or
(d) no zoning ordinance or local law in the village and no planning
board vested with authority to approve subdivision plats, then the
exemption provided for in subdivision one of this section shall apply
for a period of one year after the filing of the subdivision plat or
first section thereof.