S T A T E O F N E W Y O R K
________________________________________________________________________
4958
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the general city law, in relation to granting a variance
to allow new residential construction in a district zoned for manufac-
turing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 81 of the general city law is amended by adding a
new subdivision 12 to read as follows:
12. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IN A CITY
HAVING A POPULATION OF MORE THAN ONE MILLION AS A CONDITION TO THE GRANT
OF A VARIANCE, EXCEPTION OR PERMIT TO ALLOW NEW RESIDENTIAL CONSTRUCTION
IN A DISTRICT ZONED FOR MANUFACTURING, IN ADDITION TO ALL OF THE FIND-
INGS REQUIRED BY APPLICABLE LAWS, CODES AND REGULATIONS, THE BOARD OF
STANDARDS AND APPEALS MUST MAKE THE FOLLOWING FINDINGS:
(A) THAT THE AREA OF THE LOT OR LOTS COVERED BY THE APPLICATION, WHEN
ADDED TO (I) THE AREA OF ANY LOTS IN THE SAME BLOCK WHICH HAVE PREVIOUS-
LY BEEN GRANTED A SIMILAR VARIANCE, EXCEPTION OR PERMIT AND (II) THE
AREA OF ANY OTHER LOTS IN SUCH BLOCK WHICH CONTAIN NON-CONFORMING RESI-
DENTIAL USES DOES NOT EXCEED FIFTEEN PERCENT OF THE AREA OF SUCH BLOCK.
(B) THAT THE APPLICATION HAS BEEN REFERRED TO THE FOLLOWING DEPART-
MENTS AND THE BOARD HAS GIVEN DUE CONSIDERATION TO THE REPORTS SUBMITTED
BY SAME:
(I) THE DEPARTMENT OF TRANSPORTATION FOR ITS REPORT WITH RESPECT TO
THE ANTICIPATED TRAFFIC CONGESTION RESULTING FROM SUCH APPLICATION AND
THE AVAILABILITY OF ADEQUATE PARKING TO ACCOMMODATE THE PROPOSED USE.
(II) THE BOARD OF EDUCATION, THE DEPARTMENT OF SANITATION, AND THE
POLICE DEPARTMENT AND THE FIRE DEPARTMENT FOR THEIR REPORT WITH RESPECT
TO SUCH DEPARTMENTS' CAPACITY TO PROVIDE SERVICES IF THE APPLICATION IS
GRANTED, THE ANTICIPATED COST OF PROVIDING SAME AND THE COST OF PROVID-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08543-01-9
A. 4958 2
ING SUCH SERVICE TO A SIMILAR PROPERTY IN AN AREA WHERE RESIDENTIAL USE
IS PERMITTED AS OF RIGHT.
(C) THAT THE COST OF PROVIDING THE SERVICES DESIGNATED IN SUBPARAGRAPH
(II) OF PARAGRAPH (B) OF THIS SUBDIVISION DOES NOT EXCEED ONE HUNDRED
TWENTY-FIVE PERCENT OF THE COST OF PROVIDING THE SAME SERVICES TO A
SIMILAR PROPERTY IN AN AREA WHERE RESIDENTIAL USE IS PERMITTED AS OF
RIGHT.
S 2. This act shall take effect immediately.