Bill Text: NY S00188 | 2025-2026 | General Assembly | Introduced
Bill Title: Limits the authority of cities, villages and towns to impose certain zoning requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-08 - REFERRED TO CITIES 2 [S00188 Detail]
Download: New_York-2025-S00188-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 188 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 2 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00765-01-5S. 188 2 1 (b) Notwithstanding any provision of law to the contrary, no city 2 shall: 3 (i) establish a minimum lot size of more than one thousand two hundred 4 square feet; 5 (ii) require the construction of off-street parking spaces as a condi- 6 tion of permitting construction of any building, except that a city may 7 require the construction of an off-street area for the loading and 8 unloading of freight or other deliveries; 9 (iii) prohibit the construction and occupation of a dwelling for four 10 or fewer families on a single lot, or impose restrictions on height, 11 setbacks, floor area ratios or any similar metric that effectively 12 prevent the construction or occupation of such a dwelling, in any 13 district in which residential construction and occupation is otherwise 14 permitted; or 15 (iv) prohibit the construction and occupation of a dwelling for six or 16 fewer families on a single lot, or impose restrictions on height, 17 setbacks, floor area ratios or any similar metric that effectively 18 prevent the construction or occupation of such a dwelling, on a lot in 19 any district in which residential construction and occupation is other- 20 wise permitted if such lot is within one quarter mile of any commuter 21 rail or subway station owned, operated or otherwise served by the metro- 22 politan transportation authority, the port authority of New York and New 23 Jersey, or the New Jersey transit corporation. 24 § 2. Section 7-700 of the village law is amended to read as follows: 25 § 7-700 Grant of power. [For] 1. Except as provided in subdivision two 26 of this section, for the purpose of promoting the health, safety, 27 morals, or the general welfare of the community, the board of trustees 28 of a village is hereby empowered, by local law, to regulate and restrict 29 the height, number of stories and size of buildings and other struc- 30 tures, the percentage of lot that may be occupied, the size of yards, 31 courts and other open spaces, the density of population, and the 32 location and use of buildings, structures and land for trade, industry, 33 residence or other purposes. As a part of the comprehensive plan and 34 design, the village board is empowered by local law, to regulate and 35 restrict certain areas as national historic landmarks, special historic 36 sites, places and buildings for the purpose of conservation, protection, 37 enhancement and perpetuation of these places of natural heritage. Such 38 regulations shall provide that a board of appeals may determine and vary 39 their application in harmony with the general purpose and intent, and in 40 accordance with general or specific rules therein contained. 41 2. Notwithstanding any provision of law to the contrary, no village 42 shall: 43 a. establish a minimum lot size of more than one thousand two hundred 44 square feet; 45 b. require the construction of off-street parking spaces as a condi- 46 tion of permitting construction of any building, except that a village 47 may require the construction of an off-street area for the loading and 48 unloading of freight or other deliveries; 49 c. prohibit the construction and occupation of a dwelling for two or 50 fewer families on a single lot, or impose restrictions on height, 51 setbacks, floor area ratios or any similar metric that effectively 52 prevent the construction or occupation of such a dwelling, in any 53 district in which residential construction and occupation is otherwise 54 permitted; or 55 d. prohibit the construction and occupation of a dwelling for six or 56 fewer families on a single lot, or impose restrictions on height,S. 188 3 1 setbacks, floor area ratios or any similar metric that effectively 2 prevent the construction or occupation of such a dwelling, on a lot in 3 any district in which residential construction and occupation is other- 4 wise permitted if such lot is within one quarter mile of any commuter 5 rail or subway station owned, operated or otherwise served by the metro- 6 politan transportation authority, the port authority of New York and New 7 Jersey, or the New Jersey transit corporation. 8 § 3. Section 261 of the town law, as amended by chapter 458 of the 9 laws of 1997, is amended to read as follows: 10 § 261. Grant of power; appropriations for certain expenses incurred 11 under this article. [For] 1. Except as provided in subdivision two of 12 this section, for the purpose of promoting the health, safety, morals, 13 or the general welfare of the community, the town board is hereby 14 empowered by local law or ordinance to regulate and restrict the height, 15 number of stories and size of buildings and other structures, the 16 percentage of lot that may be occupied, the size of yards, courts, and 17 other open spaces, the density of population, and the location and use 18 of buildings, structures and land for trade, industry, residence or 19 other purposes; provided that such regulations shall apply to and affect 20 only such part of a town as is outside the limits of any incorporated 21 village or city; provided further, that all charges and expenses 22 incurred under this article for zoning and planning shall be a charge 23 upon the taxable property of that part of the town outside of any incor- 24 porated village or city. The town board is hereby authorized and 25 empowered to make such appropriation as it may see fit for such charges 26 and expenses, provided however, that such appropriation shall be the 27 estimated charges and expenses less fees, if any, collected, and 28 provided, that the amount so appropriated shall be assessed, levied and 29 collected from the property outside of any incorporated village or city. 30 Such regulations may provide that a board of appeals may determine and 31 vary their application in harmony with their general purpose and intent, 32 and in accordance with general or specific rules therein contained. 33 2. Notwithstanding any provision of law to the contrary, no town 34 shall: 35 a. establish a minimum lot size of more than five thousand square feet 36 if a lot has access to sewer and water infrastructure; or 37 b. establish a minimum lot size of more than twenty thousand square 38 feet in any area. 39 § 4. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law; provided that any city, town or village that 41 has a local law, regulation or other policy that does not comply with 42 the provisions of this act shall, prior to the effective date of this 43 act, take any action necessary to ensure compliance with this act upon 44 the effective date of the act.
