New York A 2586: Limits the authority of cities, villages and towns to impose certain zoning requirements

Bill Text

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A02586 Summary:

BILL NOA02586 

&nbsp

SAME ASNo Same As

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SPONSORKelles

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COSPNSRSimone

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MLTSPNSR

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Amd §20, Gen City L; amd §7-700, Vil L; amd §261, Town L

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Limits the authority of cities, villages and towns to impose certain zoning requirements.

Go to top A02586 Actions:

BILL NOA02586 

&nbsp

01/21/2025referred to local governments

01/07/2026referred to local governments

Go to topA02586 Committee&nbspVotes:

Go to topA02586 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02586 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2586

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 21, 2025
 ___________

 Introduced by M. of A. KELLES, SIMONE -- 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.
 LBD00765-01-5

 A. 2586 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 prov