NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6528
SPONSOR: Brown K TITLE OF BILL:
An act to amend the town law and the village law, in relation to floor
area ratio requirements for buildings on farms
PURPOSE OR GENERAL IDEA OF BILL:
Relates to floor area ratio requirements for buildings on farms.
SUMMARY OF PROVISIONS:
Section I : Section 264 of the town law is amended to add new subdivi-
sion 5. Floor area ration requirements: (a) No zoning ordinance shall
restrict the floor area ratio of a dwelling located on an active farm
which is more restrictive that the floor area ratio requirements estab-
lished under any chapter law. (b) Any zoning ordinance in violation of
this section shall be deemed repealed and unenforceable.
Section 2: Section 7-710 of the village law is amended to add new subdi-
vision 6.
Floor area ration requirements: (a) No zoning ordinance shall restrict
the floor area ratio of a dwelling located on an active farm which is
more restrictive that the floor area ratio requirements established
under any chapter law. (b) Any zoning ordinance in violation of this
section shall be deemed repealed and unenforceable.
Section 3: Identifies effective date.
JUSTIFICATION:
The floor area ratio (FAR) -is the relationship between the total amount
of usable floor area that a building is permitted to have and the total
area of the lot on which the building stands. Local governments use the
floor area ratio for zoning codes.
The floor area ratio can change due to variations in population density,
growth patterns, and construction activities as well as the nature of
the land or space where a building is placed. Industrial, residential,
commercial, agricultural, and nonagricultural spaces typically have
differing floor area ratios. In the end r local governments establish
regulations and restrictions that determine the floor area ratio.
Agricultural zoning usually limits the density of development and
restricts the land's non-farm usage. In many agricultural zone
districts, this density is maintained by having a minimum lot size for
each residential unit and depends on the types of operations on the
land. Agricultural zoning laws help protect farming communities from
being overrun by residential development, however it can restrict the
ability of the farm to provide housing for its workers.
According to the US Agriculture Department, Farm worker housing is an
integral part of numerous farm operations, with farmers often providing
on-farm housing for their farm laborers. This on-site housing accommo-
dates the long workday, seasonal housing needs and addresses the short-
age of nearby rental housing in rural areas.
The degree of regulation of farm worker housing that is considered
unreasonable depends on the number of units, size of the structure (s)
and the complexity of the housing to be provided. The US Department of
Agriculture urges local governments to take into account the size,
complexity and number of units of housing required by the farm operation
when setting and administering such requirements.
In most cases farmers should exhaust their local administrative remedies
and seek, for example, certain permits, exemptions available under a
local law or area variances. However, an administrative
requirement/process may, itself, be unreasonably restrictive.
This bill will help to eliminate these unreasonable restrictive zoning
practices by providing that no zoning ordinance shall restrict the floor
area ratio of a dwelling located on an active farm which is more
restrictive that the floor area ratio requirements established under any
chapter law.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.10156
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
