A.
Scope of meaning of certain terms. Unless the context clearly indicates
the contrary, words used in the present tense include the future;
the singular number includes the plural; and the plural, the singular.
B.
For the purpose of this chapter, certain terms and words are defined
as follows:
(1)
The word "shall" is mandatory and not directory; the word "may" is
permissive.
(2)
The word "lot" includes the word "plot."
(3)
The word "use" and the word "used" refer to any purpose for which
a lot or land or part thereof is arranged, intended or designed to
be used, occupied, maintained, made available or offered for use and
to any purpose for which a building or structure or part thereof is
arranged, intended or designed to be used, occupied, maintained, made
available or offered for use or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design or using the same.
C.
No title headings or subheadings on the illustrations in § 43-9 or on Tables 43-1 through 43-3 shall be substituted for or construed as defining terms used in the text of this chapter. For example, the uses listed under "Business, Commercial and Office Uses" in Table 43-1 shall not be considered as definitive of the term "business, commercial and office uses," which is used as a subheading in that table.[1]
[1]
Editor's Note: Tables 43-1 through 43-3 are included at the
end of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of property, by the owner or lessee for a period of 12 or more consecutive
months.
To physically touch or border upon; or to share a common
property line but not overlap. (See also "contiguous.")
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property. (See also "driveway.")
An apartment unit that has been added onto, or created within,
and is accessory to a single-family detached dwelling.
A building detached from and subordinate to the principal
building on a lot and used for purposes customarily incidental to
those of the principal building. (See also Illustration No. 6 and
"accessory structure" and "accessory use.")
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A structure, other than a collection bin, detached from a
principal building located on the same lot and customarily incidental
and subordinate to the principal building or use. (See also "accessory
building," "accessory use" and Illustration No. 1.)
[Amended 2-24-2015 by
G.O. No. 2-2015]
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A use of land or of a building or structure or portion thereof
customarily incidental and subordinate to the principal use of the
land, building or structure and located on the same lot as the principal
use. (See also "accessory building" and "accessory structure.")
An extension or increase in floor area or height to an existing
building or structure.
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land.
Any bookstore or video store or other establishment having
as a significant or predominant portion of its stock in trade, books,
magazines, periodicals, videos, novelties or amusements which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
sexual areas as defined herein.
Any public or private establishment which provides dancers,
strippers or other forms of entertainment that involve specified sexual
activities or specified sexual areas as a substantial or significant
entertainment activity of such establishment.
Any theater or other facility which is used primarily for
presenting cinematic or video material distinguished or characterized
by an emphasis on matters depicting, describing or relating to specified
sexual activities or specified sexual areas as defined herein.
The traveled way by which cars enter and depart parking spaces.
(See Illustration No. 2.)
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A service roadway providing a secondary means of access to
abutting property and not intended for general circulation.
Any construction or renovation to an existing structure other
than repair or addition.
[Amended 12-28-2011by G.O. No. 5-2011]
A structure utilized by a single homeowner to send and/or
receive radio and/or television communications.
See "zoning amendment" or "Zoning Map amendment."
A business establishment utilized, wholly or in part, for
the accommodation of six or more amusement games or devices.
Any piece of equipment which is maintained or operated for
the amusement, patronage or recreation of the public; any amusement
device of any description, and particularly, but not by way of limitation,
the type commonly known as bagatelle, baseball, football, pinball,
and video game machines.
An antenna used by homeowners to receive radio or television
communications.
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
two or more such dwelling units or more than one use.
See "accessory apartment."
A building containing three or more apartments or two apartments
in the same building with another principal use, including common
areas restricted to the use of residents such as laundry rooms, administrative
offices, computer rooms, common rooms, vending machines and health
clubs restricted to the use of residents. (See Illustration No. 3.)
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A request to the Zoning Board of Appeals or to the Supreme
Court of the State of New York, as applicable, for a rehearing of
a decision by an approving agency.
A person submitting an application for development. (See
also "developer.")
The application form and all accompanying documents and exhibits
required of an applicant by an approving agency for development review
purposes.
A plan that has been granted final approval by the appropriate
approving agency.
The board, or other legally designated individual or agency
that has been charged with the review and approval of plans and/or
applications.
A fully dimensioned drawing of the front, rear or side of
a building showing features such as windows, doors and relationship
of grade to floor level.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
A plan, drawn to scale by a professional engineer or registered
architect, showing the exact layout and dimensions of an existing
completed structure or building.
Residences for the frail elderly that provide rooms, meals,
personal care and the supervision of self-administered medication,
and may in addition provide recreational activities, financial services
and transportation for the residents.
See "row house."
That part of a building which is immediately below, and wholly
or partly within, the roof framing. (See Illustration No. 4.)
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A building or portion thereof utilized to produce audio,
radio, video or television programs.
Any establishment or device whose purpose is the performance
of financial transactions to a customer without the aid of a teller.
A self-propelled, free-moving vehicle with four wheels, usually
used to transport not more than six passengers, and licensed by an
appropriate agency as a passenger vehicle.
An establishment engaged in the repair, service, maintenance
or painting of an automobile and/or truck body, but not wrecking or
salvage.
An establishment used for the washing of automobiles.
A retail store whose business is the sale of automobile parts
and supplies only, and which does not include any repair, service
or installation, no matter how minor or infrequent.
An establishment used for the purpose of renting automobiles.
Trucks, buses or other larger motor vehicles may also be rented, provided
such vehicles do not constitute or take up more than 20% of the floor
area or land area of the establishment.
An establishment engaged in furnishing automobile repair,
service or maintenance, but not including body work or painting.
An establishment selling automobiles, new and/or used.
An establishment primarily used for the retail dispensing
of vehicular fuel and oil to automobiles and the incidental servicing
thereof, but not including body work or painting.
An establishment whose principal use is the storage of automobiles.
Space utilized for the storage of automobiles shall not be considered
parking spaces within the meaning of this chapter.
A retail store whose primary business is the sale of automobile
parts and supplies, and which provides for the service or installation
of such parts on the premises as an accessory use.
A roof-like cover made of canvas or similar material that permanently projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. (See Illustration No. 5.) In residential districts, awnings and canopies shall be deemed structural projections. (See § 43-33P of this chapter.)
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See "retractable awning or canopy."
A business establishment authorized to perform financial
transactions such as receiving and lending money, but not including
check cashing stores or pawnshops.
See "drive-through bank."
See "drive-through bank."
An establishment which serves food and drink and provides
entertainment to paying customers and their invited guests on weddings,
bar mitzvahs, birthdays and other similar occasions.
An establishment used primarily for the serving of liquor
by the drink to the general public.
The portion of a building that is partly or completely below
grade. A basement shall be counted as a story if the distance between
the grade and elevation to the floor immediately above equals or exceeds:
[Amended 10-27-2009 by G.O. 7-2009]
More than six feet above grade elevation;
More than six feet above the finished grade elevation for more
than 50% of the total building perimeter; or
More than 12 feet above the finished ground level at any point.
(See Illustration No. 4.)
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A private room intended or used for sleeping separate from
other rooms by a door or other physical barrier.
A mound of earth used to shield, screen and buffer undesirable
views.
Any single retail establishment selling merchandise within
a limited retail category which has a gross floor area in excess of
50,000 square feet. (See also "wholesale price club.")
A sign that directs attention to a business, commodity, service
or entertainment conducted, offered or sold at a location other than
the premises on which the sign is located.
Any site or building that has been declared to be a substandard
or insanitary area as defined under Urban Renewal Law, Article 15
Section 502(4), the inclusion of which is deemed necessary for the
effective undertaking of one or more urban renewal programs, or any
building, structure or land that exerts a negative influence upon
the surrounding properties as evidenced by a history of violations
of City or state ordinances and codes relating to health and safety,
building and fire code violations, persistent vacancy and violation
of other City of Yonkers or state codes and ordinances related but
not limited to property maintenance.
[Added 9-28-2010 by G.O. No. 4-2010]
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad or aqueduct rights-of-way, pierhead or bulkhead
lines, watercourses or foreshores, unsubdivided land or a boundary
line or lines of the City of Yonkers, New York, or by any combination
of the above. (See Illustration No. 5.)
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An individual other than a member of a family or household
occupying a dwelling unit or part thereof who is furnished sleeping
accommodations for a fee and may be furnished with meals and/or other
services as part of the consideration.
A dwelling or part thereof in which lodging is provided by
the owner or operator to more than one boarder. (See also "community
residential facility.")
A fully-enclosed building used for the storage of boats.
The border or outer physical limit of a lot or property.
An establishment that manufactures, packages and distributes
more than 15,000 barrels of fermented beverages per year. Fermented
beverages shall include but not be limited to ale, beers, meads and/or
similar beverages.
[Added 10-12-2004 by G.O. No. 6-2004]
A restaurant containing a micro-brewing facility for the
brewing and storage of beer or ale only primarily for consumption
on premises. Such micro-brewing facilities shall be accessory to a
restaurant.
[Amended 10-12-2004 by G.O. No. 6-2004]
An open space or landscaped area consisting of trees, shrubs,
berms, walls, solid fencing or a combination of all, so installed
as to provide both a visual and an acoustical barrier between one
use or property and another use or property. (See Illustration Nos.
1 and 2.)
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Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind. Structures
divided by unpierced masonry division walls extending from the ground
to the roof shall be deemed to be separate "buildings."
See "accessory building."
The horizontal area measured within the outside of the exterior
walls on or above the ground floor of all principal and accessory
buildings on a lot expressed as a proportion or percentage of the
lot area upon which it is situated. (See Illustration Nos. 6 and 13.)
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See "height of building."
See "historic or landmark site."
A solar energy system that is a combination of photovoltaic
building components integrated into any building envelope system,
such as vertical facades, including glass and other facade material,
semitransparent skylight systems, roofing materials, and shading over
windows.
[Added 2-9-2021 by G.O. No. 3-2021]
Written permission or authorization issued by the Department
of Housing and Buildings for the construction, repair, alteration
or addition to a structure or building, or the alteration of a lot
or land.
See "principal building."
A line parallel to the street line or lot line touching that
part of the building closest to that street line or lot line. (See
Illustration No. 6.)
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A retail establishment supplying building or lumber materials
primarily to the public where all such materials which are sold or
displayed are contained within a fully enclosed building. (See also
"building supply yard.")
A retail or wholesale establishment supplying building or
lumber materials to contractors and the public where such materials
stored, sold or displayed are located both indoors and outdoors. (See
also "building supply store.")
An alignment established a specified distance from the lot
line to a line where the building must be built.
[Added 9-25-2007 by G.O. No. 5-2007; amended 12-28-2011 by G.O. No. 5-2011]
Any area, lot, parcel, building or structure or part thereof
used primarily for the storage of trucks, buses, ambulances, limousines,
taxis and the like.
Any room, place, space or premises operated as a commercial
establishment in which eating and/or drinking may take place and in
which there is also provided entertainment. Such entertainment may
include music by a live musician or musicians, or any mechanical,
electronic or other means, such as records, laser discs, audio or
videotapes or other audio or audiovisual means; this does include
the operation of a motion-picture theater. Also included as entertainment
are any act, play, burlesque show, revue, pantomime, scene, dance
act or song-and-dance act participated in by one or more employees,
guests, customers or any other person or persons. For the purpose
of this definition, background piped-in music shall not be deemed
as a form of entertainment.
An establishment where food and drink are prepared, served
and consumed within an enclosed building, and wherein patrons wait
on themselves carrying food to tables from counters where it is displayed
or served. A cafeteria may also be a place furnished with tables and
chairs where food is purchased from vending machines, brought from
home for consumption at the workplace, and that may be equipped to
prepare, heat or keep food cool for the convenience of employees at
the building or site.
[Added 12-28-2011 by G.O. No. 5-2011]
The diameter of a tree trunk as measured from six inches
above ground level for trees up to four inches in diameter, and 12
inches above ground level for trunks of trees with diameters in excess
of four inches.
See "awning or canopy."
See "sign, canopy."
A temporary enterprise offering amusements, entertainment,
exhibitions, foods, contests and livestock exhibits, with or without
the payment of a fee, admission or subscription. A carnival may also
include a fair, rodeo, tent park, amusement trailer center or other
similar appellations.
A roofed structure providing space for the parking of motor
vehicles and enclosed on two sides or less.
See "automobile or car wash."
See "banquet or catering facility."
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground. (See Illustration
No. 4.)
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Property used for interring the human dead.
A certificate issued by the Yonkers Landmarks Preservation Board authorizing the demolition or removal, new construction or alteration or repairs which would alter the exterior appearance of any building, structure, site or object in a designated historic district or of a designated landmark pursuant to Chapter 45, Historic and Landmarks Preservation, of the City Code.
A certificate issued by the Commissioner of the Department
of Housing and Buildings upon completion of the construction of a
new building, or upon a change in the use of a building or use of
a lot or land, which certifies that all requirements of this chapter,
the City Code, or such adjustments thereof which have been granted
by the approving agency, and all other applicable requirements, have
been complied with.
Any use which is different in use classification, as provided
for in Table 43-1 of this chapter,[1] from the previous use.
An establishment primarily engaged in the business of cashing
of checks for individuals and not offering the full range of financial
services normally associated with a bank.
An establishment utilized in part for educational and in
part recreational purposes for children during school vacations.
See "place of worship."
The City of Yonkers.
The Clerk of the City of Yonkers.
The City Council of the City of Yonkers.
A facility operated by the City of Yonkers for the short-term
detention of persons awaiting classification by the justice system,
transfer to other correctional or penal facilities or serving short-term
sentences. For the purposes of this chapter, a City jail shall be
considered a municipal use. (See also "correctional or penal institution.")
A nongovernmental use whose affairs relate to the City or
its citizens, but not including government or municipal uses as defined
herein.
See "medical or dental clinic."
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and bylaws.
A form of development that allows the permitted maximum number
of dwelling units or gross floor area to be provided on a portion
of a lot or property by reducing the applicable dimensional requirements,
with the remaining portion of the lot or property devoted solely to
open space, active recreation or preservation of environmentally sensitive
or constrained areas.
A publicly accessible outdoor receptacle or container, other than any container placed by any government or governmental agency, or its contractors or licensees, for the donation and the temporary storage of clothing or other materials, other than money, to be collected by the provider of such container governed under Chapter 21 of the Code of the City of Yonkers.
[Added 2-24-2015 by G.O.
No. 2-2015]
A street that collects traffic from local streets and connects
minor and major arterials. (See also "local street" and "minor arterial
street," and Illustration No. 7.)
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A building or group of buildings, including buildings owned
or leased for the following educational purposes: administrative and
faculty offices; classrooms; laboratories; chapels; auditoriums; lecture
halls; libraries, gymnasiums; museums and art galleries; infirmaries;
student, faculty and alumni centers; athletic facilities; student/faculty
dining facilities; college bookstores; dormitories and other student
and faculty housing; fraternities and sororities; not including colleges
or trade schools operated for a profit and not including the use of
any building, stadium or other facilities for commercial purposes.
Accessory uses to the above-permitted uses shall include parking lots
for passenger automobiles, primarily for use by students, employees
and persons visiting or attending activities at a permitted building;
also day nursery, children's day camp and playground facilities which
are associated and accessory to the activities of the institution.
(See also "convent or monastery.")
The following districts or zones of this chapter: the OL
District, the BR District, the B District, the BA District, the CB
District, the DW District, the GC District, C District and the CM
District.
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained or sold, all for
a fee or compensation.
See "indoor commercial recreation use."
See "outdoor commercial recreation use."
An educational or training establishment operated for a business,
including the instruction of language, dance, fine or applied arts,
martial arts, business, computers, trades, vocations, or the like.
Any motor vehicle licensed by the state as a commercial vehicle.
The Commissioner of the Department of Housing and Buildings
of the City of Yonkers, New York.
An open space within or related to a site designated as a
development, and designed and intended for the use or enjoyment of
residents and owners of the development. Common open space may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
A building used for neighborhood meetings and recreational
activities, whether or not on the basis of fees or charges, and exclusive
of a building accessory to a church or religious organization.
Any facility operated or subject to licensure by the state
which provides a supervised residence for mentally, emotionally, physically
or socially disabled persons or for persons in need of supervision
or juvenile delinquents. This term includes, but is not limited to,
community residences for the mentally disabled operated or licensed
by the Offices of Mental Health or Mental Retardation and Developmental
Disabilities or by the Divisions of the Office of Alcoholism and Substance
Abuse, agency-operated boarding homes, group homes or private proprietary
homes for adults operated or licensed by the Department of Social
Services, group homes operated by, contracted for or licensed by the
Division for Youth and Halfway Houses operated or licensed by the
Division of Substance Abuse Services.
A supportive living facility with up to 14 residents or a
supervised living facility subject to licensure by the New York State
Office of Mental Health or the New York State Office of Mental Retardation
and Developmental Disabilities which provides a residence for up to
14 mentally disabled persons, including residential treatment facilities
for children and youth.
A swimming pool owned and operated by a nonprofit association
of individuals residing within the City of Yonkers, consisting of
not more than 600 families, together with the usual accessory uses
necessary for the proper functioning of such purpose (such as parking,
dressing rooms, showers, toilet facilities, offices and meeting rooms).
The most recently adopted Comprehensive Plan of the City
of Yonkers.
A plan or sketch for development provided for the purposes
of informal review which carries no legal obligations or vested rights
on the applicant, the approving agency or any other party.
See "informal review or concept review."
An industrial establishment in which concrete is mixed or
processed for use, but which is not manufactured from raw materials.
Any land, including the buildings and other improvements
thereon, with respect to which a declaration has been recorded in
accordance with Article 9-B of the New York Real Property Law (the
Condominium Act).
A facility (which may include one or more buildings or portions
thereof) consisting of meeting rooms, lecture rooms, and display space,
and which may include dining and/or lodging facilities, used for the
conduct of business, professional, and educational meetings, conferences,
seminars, and displays.
[Added 12-9-2005 by G.O. No. 13-2005; amended 5-2-2006 by G.O. No. 5-2006]
An application or plan which meets all of the requirements
of this chapter and other applicable requirements of the Code of the
City of Yonkers.
A facility for ambulatory elderly residents consisting of
apartment units with communal dining facilities and services such
as housekeeping, organized social and recreational activities, transportation
services and other support services appropriate for the residents.
An establishment utilized for the temporary storage of debris
from demolished buildings or structures, from which such material
is transported to landfill and other disposal sites.
Next to, abutting or touching and having a boundary or portion
thereof that is coterminous. (See also "abut.")
A retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods for off-site consumption.
The residence of a religious order, which may include facilities
for assembly and education.
A parcel of land at the junction of and fronting on two or
more intersecting streets, which meet or intersect so as to form an
interior angle of 135°. (See also "interior lot" and "through
lot," and Illustration No. 8.)
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The head of the Department of Law of the City of Yonkers.
Any facility other than a City jail intended for incarceration
of convicted offenders serving long or indeterminate sentences. (See
also "jail, city.")
The County of Westchester of the State of New York.
An open, unoccupied space bounded on at least two opposing
sides by a building wall, but not a front, side or rear yard. An outer
court is a court which has one side facing a street, a front yard
or a rear yard and which is surrounded on all other sides by building
walls and/or side lot lines. Any other court is an inner court. An
offset to a court shall be deemed a separate inner court for the purpose
of determining its least dimension, its area and the least dimension
and area of the court to which it is contiguous. The width of a court
is the dimension parallel to the open side in the case of an outer
court and is the least dimension in the case of an inner court. For
a court which opens upon a side yard, the measurement at right angles
to the side lot line may be measured from the building wall to such
side lot line across the side yard. The horizontal depth of a court
is the dimension at right angles to its width. For a court which opens
upon a rear yard or upon a front yard or street, the horizontal depth
may be measured from the building wall of the court to the rear line
or front line of the building, and such horizontal depth will not
be construed to include the depth of the rear yard or front yard.
(See Illustration No. 9.)
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See "building coverage."
See "retail craft uses."
See "profile or cross-section."
A street with a single common ingress and egress and with
a turnaround at the end. (See also "dead-end street" and Illustration
No. 7.)
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A stone, concrete or other improved boundary marking the
edge of a roadway or paved area.
The opening along the curbline or edge of pavement at which
point vehicles may enter or leave the roadway. (See Illustration No.
2.)
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A facility licensed or authorized and regulated by the State
of New York Department of Social Service, Department of Health, or
other State agency having jurisdiction where care is provided for
three or more persons, whether children or adults, away from their
own homes for less than 24 hours per day in a facility which is operated
for such purposes, for more than five hours per week. The term "day-care
center" shall include, without limitation, qualifying facilities that
provide adult day health care or child day care.
Calendar days.
A street with a single common ingress or egress with no turnaround
at the end. (See also "cul-de-sac street" and Illustration No. 7.)
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An uncovered structure, usually constructed of wood or concrete,
extending from the exterior wall of a residential dwelling, no more
than three feet above the finished ground elevation of the wall from
which it extends. Any such structure which is more than three feet
above the finished elevation shall be considered part of the principal
structure for purposes of setback. (See also "patio" and "porch,"
and Illustration No. 5.)
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A restriction on the use of land as set forth in the deed.
The permitted number of dwelling units per gross area of
land to be developed.
See "medical or dental clinic."
See "medical or dental office."
A retail establishment in which a variety of merchandise
is arranged in, and offered for sale from, several departments or
sections. A department store may include one or more personal service
establishments among its departments.
[Added 12-9-2005 by G.O. 13-2005; amended 5-2-2006 by G.O. No. 5-2006]
See "lot depth."
A tract in the D-MX District comprised of one or more lots having 1.75 or more acres of area in the aggregate and located in the maximum height district shown on Map B: Height District Map,[2] may be designated by the City Council as a single designated
development site.
[Added 5-19-2009 by G.O. No. 3-2009; amended 2-28-2023 by Ord. No. 4-2023]
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residential
purposes by one family and which has its own sleeping, sanitary and
cooking facilities. (See Illustration No. 10.)
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The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land. (See also "applicant.")
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, or an apportionment or the division of land into two
or more parcels, for which permission shall be required pursuant to
this chapter.
The diameter of a tree measured 4 1/2 feet from the
ground.
[Added 4-9-2013 by G.O. No. 2-2013]
Any land, structure or building in which any of the dimensions
do not conform to the minimum or maximum dimensional requirements
of this chapter.
Any requirement or regulation of this chapter specifying
a minimum or maximum distance, height, area, volume, ratio or other
quantitative measurement such as lot area, lot width, front, rear
or side yard, side front yard, average lot area per family, building
coverage, height in stories or feet, floor area ratio, buffer width
or height, or paved or open space area or width.
See "Planning Director."
A single store or group of stores offering merchandise for
sale at less-than-usual retail prices.
See "warehouse and distribution."
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle.
See "zone or district."
See "historic or landmark district."
See "pier or dock."
Any structure whose framing projects out of a sloping roof
to form a vertical wall suitable for windows or other openings.
[Added 10-27-2009 by G.O. 7-2009]
The CB-Central Business, DW-Downtown Waterfront and GC-Government
Center Districts of this chapter.
The removal of surface water or groundwater from land or
stormwater from roofs or paved areas by drains, grading or other means
which include runoff controls to minimize erosion and sedimentation
during and after construction or development.
The imaginary circle that may be drawn on the ground around
a tree where rain would drip off the outermost leaves is called the
dripline. The most active roots are often located along this line.
The area inside of which disturbance of the soil above and the trees
roots below are presumed to do the most damage to the health of the
tree.
[Added 4-9-2013 by G.O. No. 2-2013]
Premises constructed for the sale of any goods or services
by means of curb, window-counter, or self-service, whether to the
motoring public.
An establishment where food or drink is served to a customer
in an automobile outside the confines of a building for consumption
off the premises. (See also "drive-through or drive-thru restaurant.")
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
A bank where transactions are made to customers within an
automobile outside the confines of a building.
An establishment where food is served for immediate consumption
outside the confines of a building and where all or part of that consumption
occurs outside the confines of the building, on the premises.
See "drive-through bank."
A vehicular way on private property which provides access
to a street or highway. (See also "access," and Illustration No. 11.)
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A retail establishment used primarily for the purposes of
picking up or dropping off clothing by customers for dry cleaning
purposes, and in which only those clothes dropped of by the customers
at such an establishment and no other are dry cleaned within the premises.
(See also "dry-cleaning plant.")
An establishment in which clothing dropped off by customers
at the establishment, and from other establishments, is dry cleaned
within the premises. (See also "dry-cleaning establishment.")
A lot or land or part thereof used primarily for disposal,
by abandonment, dumping, burial, burning or any other means, and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
See "dwelling unit."
See "row house."
See "multifamily or multiple-family dwelling."
See "single-family detached dwelling."
See "three-family residential dwelling."
See "townhouse or townhouse dwelling."
See "two-family residential dwelling."
A building, or entirely self-contained portion thereof, containing
its own sleeping, sanitary and cooking facilities occupied or intended
to be occupied for residential purposes by one family.
A permanent right in an individual, the public or other entity
to use the land of another for a specific purpose not inconsistent
with the general ownership of the property. (See also "right-of-way,"
and Illustration No. 12.)
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A retail establishment serving prepared food or drink within
an enclosed building for immediate consumption within the building
or off the premises, including restaurants, lunch counters, ice cream
and pizza parlors and luncheonettes, which have a customer service
area limited to eight seats or space for no more than eight customers
to eat within the establishment, but excluding all drive-in or drive-through
restaurants, and bars or taverns. (See also "food and beverage store.")
A vertical distance above or below a fixed reference.
See "architectural elevation."
See "grade elevation."
An increase in the size of an existing structure, building
or use, including the physical size of a property, structure, building,
parking or other improvements.
An economic unit, generally at a single physical location,
where business is conducted or services or industrial operations are
performed.
A plant with foliage that remains green year-round.
The vertical location above some elevation point of the ground
surface prior to excavating or filling.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
and managed as a single housekeeping unit in an intentionally structured
relationship providing organization and stability.
Care provided to not more than 14 children away from their
own homes for more than three hours, but less than 24 hours, per day,
for compensation or otherwise.
An establishment in which food is preprepared and sold over
a counter, in disposable containers or wrappers, selected from a limited
menu for consumption on or off the premises.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
An establishment in which financial transactions are conducted,
or wherein professional advice on financial, insurance or tax matters
is given, including banks, savings and loans, finance companies, insurance
and brokerage uses, and tax preparers, but not including drive-through
banks, pawn shops and check-cashing stores.
The Fire Commissioner of the City of Yonkers.
See "lot, flag or flagpole lot."
A temporary gathering of a group of itinerant vendors or
merchants, whether open-air or wholly or partially contained in a
structure or group of structures, permanent or temporary, for the
sale of tangible personal property, where the sale is advertised by
any means whereby the public at large is invited to or may be made
aware of the operation and/or existence of said flea market. (See
also "indoor market.")
That portion of the floodplain, as designated by the Federal
Insurance Administration or the Federal Emergency Management Agency,
as constituting particular hazards or risks applicable to the community
by reason of flooding.
See "gross floor area."
The quotient of the gross floor area of a building divided
by its lot area. (See Illustration No. 13.)
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See "mezzanine."
An establishment selling food and beverages to the public,
including but not limited to meat, poultry, fish, specialty foods,
beverages, candy, nuts, dairy products, health food, liquor and wine,
and including convenience stores, delicatessens and bakeries (for
sale of goods on premises only), but not including eating and drinking
establishments or restaurants.
See "sign, freestanding."
That side of a lot abutting a street.
The lot line separating the front of a lot from a street
right-of-way. (See also "streetline or right-of-way," and Illustration
Nos. 6 and 25.)
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When erected on a plot abutting on two or more streets, the
front of a structure is that abutting side which is so designated
on the plot plan by the owner.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line. (See also "side-front
yard," and Illustration Nos. 14 and 15.)
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A building used for the preparation of deceased human beings
for burial or interment and for the display of the deceased and ceremonies
connected therewith before burial or cremation.
See "private garage."
See "public parking garage or lot."
See "automobile repair shop."
See "semipublic parking structure."
A retail establishment providing plants, trees, flowers and
other landscaping and gardening materials primarily to the public,
including plant nurseries.
An exterior cladding erected on the building structure from
floor to floor characterized by narrowly spaced vertical and horizontal
caps with glass infill panels.
[Added 12-28-2011 by G.O. No. 5-2011]
The use of land, buildings or structures by any department,
commission, independent agency or instrumentality of the United States,
of a state, county, authority, district or other governmental unit
other than the City of Yonkers.
The average ground elevation of the land around the exterior
walls of a building or structure. (See Illustration No. 16.)
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The percent of rise or descent of a sloping surface, or,
where measuring the height of a building, "grade" is defined as the
average ground elevation of the land around the exterior walls of
a building or structure. (See also "elevation, grade," and Illustration
No. 16.)
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A structure utilized for seed germination and plant propagation
through the maintenance of a controlled climate necessary to sustain
plant growth otherwise not possible in natural or out-of-door surroundings.
[Amended 10-27-2009 by G.O. 7-2009]
For detached single- and two-family homes: the sum of the gross
horizontal areas of the several floors and mezzanine floors of a building
and its accessory buildings on the same lot. All dimensions shall
be measured between exterior faces of walls.
For all other buildings: the sum of the gross horizontal areas
of the several floors and mezzanine floors of a building and its accessory
buildings on the same lot, excluding basement or cellar area devoted
to parking and mechanical equipment space. All dimensions shall be
measured between exterior faces of walls.
See "building coverage."
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices.
[Added 2-9-2021 by G.O. No. 3-2021]
The primary residence of a provider of group family day care
wherein day-care services are provided to up to 10 children of all
ages, including not more than four children under two years of age
or up to 12 children where all of such children are over two years
of age. Such home must be operated by a provider, as defined in § 416.1(d)
of the Social Services Law, and must have at least one assistant as
defined in § 416.1(e) of the Social Services Law, present
during the hours that care is provided.
See "performance guaranty."
An uppermost story in which the floor area, having a clear
height of at least 7 1/2 feet, is 1/3 or less of the floor area
of the story next beneath it. (See also "story" and Illustration No.
17.)
[Amended 10-12-2004 by G.O. No. 6-2004]
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See "residential health-care facility."
An establishment that provides facilities for physical exercise
such as aerobics, running, jogging, weight lifting, game courts, swimming
facilities and accessory saunas, showers, massage rooms and lockers,
within an enclosed building or buildings.
An establishment which involves basic processing and manufacturing
of materials or products predominantly from extracted or raw materials.
(See also "light industrial" and "medium industrial.")
The vertical distance from the average level of the street center
line grades of the abutting streets to:
The level of the highest point of the roof beams in the case
of flat roofs or roofs including not more than one inch to the foot.
The mean of the levels of the top of the main plate and the
highest ridge if the roof is of any other type.
The highest point of the building, including structures wholly
or partly above the roof, where such exist.
Exception. In any residence district, when the average angle
of inclination of the ground above the horizontal, as measured perpendicular
to the selected front at its center, exceeds 25°, the height of
the building may be measured, at the option of the owner, from the
average level of the lot adjacent to the building prior to any excavation
or fill. (See Illustration Nos. 18 and 19.)
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An area, either at ground level or elevated on a structure
licensed by the Federal Aviation Administration and other appropriate
governmental agencies and approved for the loading, landing and takeoff
of helicopters, including auxiliary facilities such as fueling and
maintenance equipment, a waiting room and parking. (See also "helistop.")
A heliport, without auxiliary facilities. (See also "heliport.")
An area of the City, designated by the Yonkers City Council pursuant to Chapter 45 of the City Code, which:
Possesses the following characteristics:
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior;
or
Has been duly included on the New York State Register of Historic
Places maintained by the New York State Office of Parks, Recreation
and Historic Preservation. (See also "historic or landmark site.")
A building, structure, site, object or parcel of land designated pursuant by the Yonkers City Council to Chapter 45 of the City Code which may or may not be located in a designated historic district and which:
Possesses one or more of the following characteristics:
Is associated with persons or events of historic significance
to the City, region, state or nation;
Is illustrative of historic growth and development of the City,
region, state or nation;
Embodies distinctive characteristics of a type, period or method
of construction or represents the work of a master;
Contains unique architectural, archaeological or artistic qualities;
or
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior;
or
Has been duly included on the New York State Register or Historic
Places maintained by the New York State Office of Parks, Recreation
and Historic Preservation. (See also "historic or landmark district.")
An occupation conducted within and which is accessory to a dwelling unit consisting of the office working quarters of a recognized business use and meeting the requirements of § 43-77C of this chapter.
An occupation, excluding a home-based business, and excluding establishments offering services to the general public, carried on in a dwelling by the resident thereof as an accessory use to a dwelling unit and meeting the requirements of § 43-41G of this chapter. The term shall not include businesses or occupations such as the operation of a beauty parlor, barbershop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boardinghouse, kennel or stable, massage parlor, dancing instructions, band instrument instructions in groups, day-care centers or nurseries, drug counseling centers, antique shops, restaurants, tea rooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades or similar establishment offering services to the general public.
An association of homeowners organized to own, maintain,
operate and share the cost of maintaining common facilities and to
enhance and protect their common interests.
An institution which maintains and operates organized facilities
and services for the diagnosis, treatment or care of persons suffering
from illness, injury or deformity and/or obstetrics, and in which
all diagnosis, treatment and care are administered by or performed
under the direction of persons licensed to practice medicine in the
State of New York.
See "veterinary office or hospital."
A facility offering transient lodging accommodations to the
general public wherein all rooms are connected to interior hallways,
and thereby to interior elevators, lobbies or stairways, through which
access to the exterior is gained. Hotels may include but not be limited
to related services such as restaurants, meeting rooms or recreation
facilities.
See "dwelling unit."
A family living together in a single dwelling unit, with
common access thereto and common use of all living and eating areas
and all areas and facilities for the preparation and serving of food
within the dwelling unit.
See "parish house."
Any permanent structure that becomes part of, placed upon,
or is affixed to real estate.
See "off-site improvement."
A single indoor retail establishment which is designed, arranged
or intended to be used on a permanent basis by multiple vendors. (See
also "flea market.")
A building or group of buildings used for recreational purposes
and operated as a business and open to the public for a fee, including,
but not limited to, bowling alleys, escape rooms, skating and roller
rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor
batting cages, recreation centers and indoor swimming pools or tennis
courts. (See also "recreation use or facility.")
[Amended 12-10-2019 by Ord. No. 12-2019]
An establishment where the form, usability, physical ergonomics,
marketing, brand development and sales of various products are researched
and developed. An industrial design establishment may create prototypes
of products, but may not manufacture products for sale and distribution.
[Added 12-28-2011 by G.O. No. 5-2011]
See "heavy industrial."
See "light industrial."
See "medium industrial."
A tract of land that is planned, developed and operated as
an integral facility for a number of individual industrial uses, with
consideration to transportation facilities, circulation, parking,
utility needs, aesthetics and compatibility.
A facility designed for the keeping and raising of living
animals and plants under natural conditions for observation, research,
or distribution to other research and development or industrial facilities.
[Added 12-28-2011 by G.O. No. 5-2011]
A review process undertaken by an approving agency at the
option of the applicant as provided for in this chapter, for the purposes
of assisting an applicant to prepare an application for formal submission
and to provide direction and feedback on such application, at which
no decisions, resolutions or formal actions are taken, and wherein
all comments or communications carry no legal obligation or vested
rights, nor are binding on any party.
See "accessory apartment."
A lot other than a corner lot. (See also "corner lot" and
"through lot," and Illustration No. 5.)
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A nonnative species whose introduction does or is likely
to cause economic or environmental harm or harm to human health, as
identified by the New York State Department of Environmental Conservation.
[Added 4-9-2013 by G.O. No. 2-2013; amended 12-8-2020 by L.L. No. 7-2020]
See "City jail."
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
See "commercial kennel."
Specific streets designated within the downtown are to preserve
and enhance the pedestrian-oriented commercial environment and promote
economic development that require active first-floor uses, such as
retail, restaurant, service and entertainment uses, and a storefront
design at the street level.
[Added 12-28-2011 by G.O. No. 5-2011]
An establishment or part thereof equipped and used for experimental
study, testing or analysis in a field of science.
See "historic or landmark district" or "historic or landmark
site."
The Landmarks Preservation Board of the City of Yonkers.
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or any other areas or features
which can be reasonably included, but shall not include areas occupied
by buildings or structures, paving for parking, loading or access
thereto, required buffers or areas utilized for outside storage. (See
Illustration No. 11.)
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Lawns, trees, plants and other natural materials such as
rock and wood chips, and decorative features, including sculpture,
patterned walks, fountains and pools.
Any solar energy system that cumulatively on a lot is designed
and intended to supply energy into a utility grid, primarily for sale
to the general public.
[Added 2-9-2021 by G.O. No. 3-2021]
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or hotel.
An establishment engaged in the assembly, packaging, storage
and distribution of products from finished products or parts. (See
also "heavy industrial" and "medium industrial.")
Any form of entertainment which is performed in person before
an attending audience.
A building wherein 50% or more of the units or gross floor
area is comprised of live-work units. (See also "live-work unit.")
A unit designed to provide space to conduct a business or
trade, including offices, studios, craft workshop area or laboratory
space and/or to be occupied as an apartment. (See also "live-work
building.")
[Amended 10-12-2004 by G.O. No. 6-2004]
See "loading space or berth."
See "off-street loading."
An off-street space or berth used for the loading or unloading
of cargo, products or materials from vehicles.
A street designed to provide vehicular access to abutting
property and to discourage through traffic. (See also "collector street,"
and Illustration No. 7.)
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See "boarding, lodging or rooming house."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. (See also "parcel" and "tract," and Illustration
Nos. 8, 20 and 21.)
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An area of land which is determined by the limits of the
lot lines bounding the area, expressed in terms of square feet. Any
portion of a lot included in a public or private street right-of-way
shall not be included in calculating "lot area."
See "corner lot."
See "building coverage."
The average measured distance of a line drawn from the street
line to the rear lot line at right angles to the front property line.
Where the front property line is an arc of a circle or irregular in
shape, the depth shall be the average distance between the front and
rear lines. (See Illustration No. 5.)
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A lot which does not meet the minimum lot width requirements
and where access from the lot to the public road is by means of a
narrow private right-of-way or driveway. (See Illustration Nos. 20
and 21.)
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See "interior lot."
The boundary line of a parcel of land as shown on a certified
filed map, tax map or as defined by a field map. A lot line shall
not be considered unless legally subdivided or apportioned. (See Illustration
No. 6.)
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See "front lot line."
See "rear lot line."
See "side lot line."
See "side-front lot line."
See "nonconforming lot."
An interior lot which fronts upon two parallel streets, or
which fronts upon two streets which do not intersect at the boundaries
of the lot. (See Illustration No. 20.)
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The distance between side lot lines measured along the front
lot line; or, in the case where side lines are parallel and not perpendicular
to the front line or where side lines are parallel and the front line
is irregular or the arc of a circle, the width shall be the perpendicular
distance between the side lines measured at the minimum required front
yard setback. In the case where side lines converge toward or away
from the front line, the width shall be measured along a line parallel
to the front lot line drawn at a distance equal to the required minimum
setback. The minimum required width of a lot at the front lot line
shall in no case be less than 50% of the required lot width, but no
less than 25 feet in any case. (See Illustration Nos. 20 and 22.)
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A security acceptable to the City of Yonkers to assure that
necessary improvements installed or completed by a developer will
function as required for a specific period of time.
A street with access control, channelized intersections,
and restricted parking, and that collects and distributes traffic
to and from minor streets. (See also "minor arterial street," and
collector street and Illustration No. 7.)
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A facility for the storing, servicing, fueling, berthing
and securing of boats and retail facilities for owners, crews and
guests.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed massage therapist, physical therapist or health professional
or barbershops or beauty salons in which massages are administered
only to scalp, face, neck or shoulders. This definition also shall
exclude health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
do not receive their primary source of revenue through the administration
of massages.
A building for interring the human dead above ground.[3]
Parking machines, lifts, elevators or other mechanical devices
for vehicles moving from and to the street level, including automated
valet, where the car is driven onto a pallet and the pallet moves
the car to a parking slot where the driver is not in the car and cannot
access the space, and self-park, where the parking space is accessed
and operated directly by the driver and no cars are removed from another
space for access.
[Added 12-28-2011 by G.O. No. 5-2011]
A place where medical care is provided to persons solely
on an out-patient basis by one or more members of the medical professions,
including chiropractors, dentists, doctors, osteopaths, podiatrists,
therapists or other licensed medical service providers. Medical establishments
may, subject to any applicable state or federal regulatory requirements,
also include but are not limited to, medical testing labs or offices,
offices for X-ray, sonograms, MRI, CAT scans and other medical imaging
services, offices for the administration of nuclear medicine, radiation
therapy, infusion, dialysis and similar medical treatments, and offices
for out-patient surgical and nonsurgical procedures. Medical establishments
shall not mean hospitals, nursing homes, residential health care facilities
or any other in-patient facility.
[Added 10-11-2011 by G.O. No. 3-2011]
An establishment engaged in the processing, fabrication,
treatment, packaging, storage and distribution of predominantly previously
prepared materials, or finished products or parts, but excluding basic
processing or manufacturing from predominantly new or extracted materials.
(See also "heavy industrial" and "light industrial.)"
An intermediate floor between the floor and ceiling of any
story and covering less than 1/3 of the floor area immediately below.
A mezzanine shall not be counted as a story, but its floor area shall
be included in the computation of gross floor area. (See Illustration
No. 4.)
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An establishment that manufactures, packages and distributes
fewer than 15,000 barrels of fermented beverages per year. Fermented
beverages shall include but not be limited to ale, beers, meads and/or
similar beverages.
[Amended 10-12-2004 by G.O. No. 6-2004]
A facility consisting of a building or group of buildings
in a controlled-access compound that contains varying sizes of individual
compartmentalized and controlled-access stalls or lockers for the
dead storage of customers' goods and wares.
A street with traffic signals at important intersections
and stop signs on the side streets and that collects and distributes
traffic to and from collector streets. (See also "major arterial street"
and "Collector Streets," and Illustration No. 7.)
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See "convent or monastery."
See "funeral parlor or mortuary."
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.
Any one of the following as defined herein: automobile body
repair shops, automobile rental establishments, automobile repair
shops, automobile sales establishments, automobile service stations,
automobile storage yards, automobile supply and service stores, automobile
washes, convenience stores in conjunction with automobile service
stations, transport service businesses, truck and bus depots, rental,
storage and sales establishments, truck and bus service stations,
and repair shops.
A building containing three or more dwelling units, occupied
or intended to be occupied by three or more families, each living
independently of each other and with their own sleeping, sanitary
and cooking facilities. A building containing three or more such families
where separation of the units is provided by means of a wall, floor,
door or other type of screen or partition, or with a separate outside
entrance, or basement access, shall be considered a multiple-family
dwelling.
Any use of land, building or structure by the City of Yonkers
or an agency thereof. (See also "government use.")
With respect to a particular ecosystem, a species that, other
than as a result of an introduction, historically occurred or currently
occurs in that ecosystem.
[Added 4-9-2013 by G.O. No. 2-2013]
The Journal News and the Home News and Times.
See "cabaret or nightclub."
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the City of Yonkers (Chapter 43), but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the City of Yonkers (Chapter 43), but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming lot" and "nonconforming use.")
A use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the City of Yonkers (Chapter 43), but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
The following districts or zones of this chapter: the CU
District, the OL District, the BR District, the B District, the BA
District, the CB District, the DW District, the GC District, the C
District, the CM District, the IP District and the I District.
See "sign, business or nonresidential."
All uses not classified as residential uses.
A corporation formed or existing under the Not-For-Profit
Corporation Law of New York State.
An institution licensed and approved to provide health care
under medical supervision for 24 or more consecutive hours to two
or more patients who are not related to the governing authority or
its members by marriage, blood or adoption.
A room or group of rooms used for conducting the offices
of a business, profession, field of science, service, industry or
government, and generally furnished with desks, tables, files and
communication equipment, including offices of general, business, executive,
legal, accounting, architect, research, planning, engineer, scientific,
real estate, contractor and employment agencies.
[Amended 10-12-2004 by G.O. No. 6-2004]
See "medical office."
A building or group of buildings containing offices for use
by civic, charitable, philanthropic, fraternal, trade union or veterans
organizations, but excluding residential facilities and social welfare
facilities such as soup kitchens, emergency or overnight shelters,
or the dispensing of medical care or other forms of personal aid.
The Official Map of the City of Yonkers, adopted by the Yonkers
City Council, showing the location and width of all existing and proposed
public streets, and rights-of-way.
Improvements to be made off-site as a result of an application
for development and including, but not limited to, road widening and
upgrading, stormwater facilities and traffic improvements.
Parking provided for a specific use but located on a site
other than the one on which the specific use is located.
Designated areas located adjacent to buildings where trucks
may load and unload cargo. (See also "loading space or berth.")
Parking for a motor vehicle not located within a street right-of-way.
(See also "on-street parking," and Illustration No. 2.)
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Parking for motor vehicles located within a street right-of-way.
(See also "off-street parking," and Illustration No. 2.)
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See "private open-air parking."
See "semipublic open-air parking."
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants,
and their guests, of land adjoining or adjacent to such open space.
(See Illustration No. 11.)
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See "common open space."
Land and structures used for recreational purposes and operated
as a business and open to the public for a fee, including a golf course
or golf club or country club, a swimming club, tennis and racquetball
club, a miniature golf course, a golf driving range, outdoor batting
cages, outdoor skating or roller rinks, sports or athletic fields
and stadiums, canoeing and water skiing. (See also "recreation use
or facility.")
The keeping of any goods, junk, material, merchandise or
vehicles outdoors in the same place overnight or continually for a
period of more than 12 hours.
Owner of real property.
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity, including
members of an immediate family. (See also "lot" and "tract.")
The residence of the clergy associated with a place of worship.
See "aisle or parking aisle."
See "private garage," "semipublic parking structure," and
"garage, public."
See "public parking garage or lot."
See "off-street parking."
A space conforming to applicable standards of this chapter
for the parking of a motor vehicle within a private, semipublic or
public parking area. (See Illustration No. 2.)
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See "semipublic parking structure."
A tract of land designated and used by the public for active
and passive recreation.
A level, landscaped or surfaced area directly adjacent to
a principal building at grade and not covered by a permanent roof.
(See also "deck" and "porch," and Illustration No. 5.)
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An establishment in which the proprietor lends money on the
security of personal property pledged in his or her keeping.
An establishment that presents material in the form of live
shows, films or videotapes, which material is distinguished or characterized
by an emphasis on matters depicting, describing or relating to specified
sexual activities or specified sexual areas viewed from an individual
machine or enclosure, for which a fee is charged.
See "correctional or penal institution."
A security that is acceptable to the City of Yonkers to assure
that improvements that are required as part of an approved development
will be satisfactorily installed or completed.
A use of a building or land that conforms with the provisions
of this chapter.
A building, structure or land that: has been vacant and not
used for a legal purpose for more than six months; and/or is not undergoing
renovation and/or repair as evidenced by a building permit(s) actively
being pursued.
[Added 9-28-2010 by G.O. No. 4-2010]
A persistently vacant building or structure shall be one
that has been vacant and not used for a legal purpose for more than
six months; and/or is not undergoing renovation and/or repair as evidenced
by a building permit(s) actively being pursued; and/or has been found
to be in violation of one or more City or state codes or ordinances
and is exhibiting a blighting influence upon the surrounding community.
[Added 9-28-2010 by G.O. No. 4-2010]
An establishment engaged primarily in providing services
involving the care of a person or his or her personal goods or apparel,
including but not limited to linen supply, diaper service, beauty
and barber shops, dressmaker, milliner, tailor shops, watch repair,
clothing and shoe repair, laundromats, dropoff laundry and dry cleaners
(not including dry-cleaning establishments or plants), nail salons
and tanning salons.
A petition to the City Council, duly signed and acknowledged,
requesting an amendment, supplement, change or repeal of the regulations
of the Zoning Ordinance prescribed for a zoning district or part thereof.
A private or public organization that is organized and operated
for the purpose of providing a public or charitable service or carrying
on a trade or business without profit. (See also "not-for-profit or
nonprofit organization.")
See "office of a philanthropic organization."
Thin layers of semiconducting material that are usually made
of silicon, which, when exposed to light, generate an electrical charge.
[Added 2-9-2021 by G.O. No. 3-2021]
A technology that converts sunlight directly into electricity.
[Added 2-9-2021 by G.O. No. 3-2021]
A structure typically supported by columns extending from
land into the water to provide berthing for boats.
An establishment or part thereof used to test concepts and
ideas and determine physical layouts, material flows, type of equipment
requirements and costs, and secure other information prior to full-scale
production.
A church, synagogue, temple, mosque or other building or
group of buildings which by design and construction are intended for
the conducting of organized religious services and accessory uses
associated therewith.
An area of a minimum contiguous size and meeting other specific
requirements as specified in this chapter, to be planned, developed,
operated and maintained according to a plan as a single entity and
containing one or more structures or buildings with appurtenant common
areas, such as planned apartment complexes, planned cluster developments,
planned townhouse complexes, planned urban residential developments,
planned executive parks, planned shopping centers, planned urban redevelopments
and industrial parks.
A building or complex of buildings consisting of a minimum
of 70,000 square feet of gross floor area designed and developed to
blend a combination of business, commercial, office, retail, restaurant,
and/or industrial uses, whose functions are physically and functionally
integrated.
[Added 3-10-2015 by G.O.
No. 5-2015]
A group of retail establishments planned, constructed and
managed as a total entity, with customer and employee parking provided
on-site, provision for the delivery of goods separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
The Planning Board of the City of Yonkers, New York.
The head of the Bureau of Planning of the City of Yonkers.
A map filed in the office of the Westchester County Clerk,
Division of Land Records.
See "park or playground."
See "lot."
A roofed open area which may be screened but not enclosed
by glazing, usually attached to or part of and with direct access
to and from a building. Porches are part of a principal structure
for purposes of setback. (See also "deck" and "patio," and Illustration
No. 5.)
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The lawful use of a lot, parcel, structure or building existing
prior to the time of the enactment of this chapter.
A building in which is conducted the principal use of the
lot on which it is located. (See Illustration No. 1.)
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The primary or predominant use of any lot, parcel, structure
or building.
A large-scale facility for the custom reproduction of written
or graphic materials on a custom-order basis. Typical processes include,
but are not limited to, offset printing, photocopying, blueprint printing
and copying, and binding. Printing, photo lithography or reproduction
plants do not include a commercial copy shop, where services such
as photocopying, binding, and access to computers and facsimile sending
and receiving are provided. A commercial copy shop is considered a
personal service establishment.
[Added 12-28-2011 by G.O. No. 5-2011]
A structure that is accessory to a residential use which
is used for the parking of vehicles, and which is not used by the
general public.
An unroofed, unenclosed area used for parking vehicles that
is accessory to a residential use and which is not used by the general
public.
A building and/or related facilities owned or operated by
a corporation, association or group of individuals established for
the recreational use and enjoyment of its members and not primarily
for profit, and whose members pay dues and meet certain prescribed
qualifications for membership.
A street that has not been accepted by the City of Yonkers
or other governmental entity, but which is shown on the Official Map
of the City of Yonkers.
A swimming pool located as an accessory use on the same lot
as the principal use it serves, which is utilized only by the owner
or tenants or his or their nonpaying guests.
A drawing or side or sectional elevation showing the vertical
elements of a structure from below ground through the top of the structure.
An extension of a building which protrudes or juts out from
the vertical plane of the building.
A lot, parcel or tract of land together with the building
and structures located thereon. (See also "lot," "parcel" and "tract.")
A written protest to the City Council, duly signed and acknowledged,
requesting that a proposed amendment, supplement, change or repeal
to the Zoning Ordinance not be adopted.
Notice of the time and place of a hearing or proceeding printed
in the newspapers of general circulation of the City of Yonkers, New
York, within a specified minimum time prior to the time of such hearing
or proceeding.
Any agency that, under public franchise or ownership, or
under certificate of convenience and necessity, or by grant of authority
by a governmental agency, provides the public with electricity, gas,
heat, steam, communication, transportation, water, sewage collection
or other similar services.
An open-air parking area or parking structure operated by
the Yonkers Parking Authority. For the purposes of this chapter, a
public parking garage or lot shall be considered a municipal use.
Any street, including all portions of the right-of-way which
have been dedicated or deeded to the public for public use, which
may or may not be improved in accordance with City standards, and
which is shown on the Official Map of the City of Yonkers. The word
"street" shall include the words "road," "highway," "avenue" or similar
designations. Improved "streets" shall contain paving, sewers and
sanitary sewers, as well as necessary storm sewers, curbs and sidewalks.
An open excavation used for obtaining slate, limestone or
other stone building material.
See "antenna, radio or TV.
See "audio, radio, video and television station and studio."
See "amateur radio or TV tower." (See also "telecommunications
tower.")
A dwelling located on the same lot and to the rear of the
principal building for which the lot is used.
The lot line opposite and most distant from the front lot
line. (See Illustration No. 6.)
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A space extending the full width of the lot between any building
and the rear lot line and measured perpendicular to the building at
the closest point to the rear lot line. (See Illustration Nos. 14
and 15.)
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See "indoor commercial recreational use and outdoor commercial
recreational use."
A place designed and equipped for the conduct of sports and
leisure-time activities. (See also "indoor commercial recreational
use and outdoor commercial recreational use.")
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and designed primarily as a temporary
living accommodation for recreation, camping and travel use, including
but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes.
The act or process of developing a site or parcel of land
which has previously been developed or which has been blighted.
An establishment used on occasion by a group for religious
prayer, meditation, study or instruction.
That line that is the required minimum distance from any
lot line and that establishes the area in which a building must be
erected or placed. (See Illustration No. 23.)
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The open space between the lot line and the required setback
line within which no structure shall be located except as provided
in this chapter. (See Illustration No. 23.)[4]
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A home, abode or place where an individual or household is
actually living at a specific point in time.
The following districts or zones in this chapter: the S-200
District, the S-100 District, the S-75 District, the S-60 District,
the S-50 District, the T District, the MG District, the M District
and the A District.
An establishment for the long-term residential care of the
aged and infirm, such as congregate-care and assisted living facilities,
but not including nursing homes, convalescent homes or substance abuse
treatment centers.
See "sign, residential."
Any use in which one or more dwelling units or residences
are present.
An establishment where food and drink are prepared, served
and consumed within an enclosed building, and wherein food is served
only to be consumed by customers seated at tables on the premises.
(See also "eating and drinking establishment," "drive-in restaurant"
and "drive-through restaurant.")
See "drive-in restaurant."
See "drive-through restaurant."
See "drive-through restaurant."
See "fast-food restaurant."
See "deed restriction or restrictive covenant."
A retail establishment in which the goods or services available
have been made or are performed by a skilled worker who practices
a recognized trade or handicraft, including but not limited to coopers,
cabinetmakers and furniture makers, potters, ceramicists, glassblowers,
silversmiths, jewelry makers, antique and furniture finishers, restorers
or reupholsterers. Such establishments may include workshop areas
as an accessory use, provided that the establishment maintains a retail
storefront.
An establishment engaged in selling of goods and merchandise
to the general public for personal or household use, including automobile
parts and supplies (with no service), clothing and shoes, fabrics,
curtains, drapes, floor coverings, furniture, lamps, appliances, radios,
television sets, computers, electronics, upholstery, china and glassware,
luggage and leather goods, antiques, home wares, paint and wallpaper,
arts and crafts, candles, records, tapes, videos, musical instruments,
pets, books and stationery, flowers, tobacco, drugs, sporting goods,
jewelry, sewing machines, photography equipment, keys, cards, gifts,
and toys, and including TV, appliance, computer and electronics sales
and repair establishments, department stores, variety stores, hardware
stores (with products for sale predominantly to the public), interior
decorating stores, hobby shops and art galleries.
An awning or canopy that may be retracted by mechanical means
so as not to project beyond the front facade of a building.
A commercial establishment used for the firing of rifles
and pistols aimed at targets, within a fully enclosed building.
An easement for ingress and egress, sometimes together with
the right to maintain utilities within the easement area. (See also
"easement" and Illustration No. 12.)
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See "street line or right-of-way line."
See "sign, roof."
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface,
either as a flush-mounted system or as modules fixed to frames which
can be tilted toward the south at an optimal angle.
[Added 2-9-2021 by G.O. No. 3-2021]
See "boarding, lodging or rooming house."
A single-family dwelling which is attached to one or more
dwelling units by common vertical walls and wherein the lot on which
such a unit is located and the open space on the lot is owned in fee
simple by the owner of the row house or single-family attached dwelling.
(See also "townhouse," and Illustration No. 24.)
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See "junkyard or salvage yard."
An open excavation used for obtaining sand or gravel for
building purposes.
Any accessory structure capable of receiving and/or transmitting,
for the sole benefit of the principal use, radio or television signals
from a transmitter or transmitter relay located in planetary orbit
and including but not limited to satellite receivers, satellite dish
antennas, satellite disks, satellite earth stations, direct broadcast
systems (DBS's), and television reception-only systems (TVRO's).
Facilities of a college, university or theological seminary
which are not located at the main campus of the institution. Such
use shall be limited to classrooms, laboratories, lecture halls, libraries,
student and faculty offices or lounges, and shall not include gymnasiums
or other athletic facilities, dormitories or other student or faculty
housing, fraternity or sorority residences, student or faculty dining
facilities, or infirmaries.
[Added 6-23-2021 by G.O. No. 11-2021]
Any place of education or instruction, other than a commercial
school, college, university, theological seminary, convent, monastery,
day-care center, children's day camp and religious retreat as defined
in this chapter.
See "commercial school."
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation. (See also "buffer.")
See "mini-warehouse."
A facility consisting of a building, a part of a building
or group of buildings that contains varying sizes of individual compartmentalized
and controlled-access stalls or lockers for the storage of customers'
goods and wares.
[Added 6-12-2018 by G.O.
No. 8-2018]
An unenclosed, unroofed open area used primarily for the
parking of vehicles, and open to tenants, employees, customers and/or
visitors to the principal use to which it is accessory, and which
may also be open for use by the general public.
A structure, or portion thereof, other than a private parking
garage, used primarily for the parking of vehicles and available to
tenants, employees, customers and/or visitors to the principal use
to which it is accessory, and which may also be open for use by the
general public.
A person over 62 years of age.
Apartment houses which are restricted in occupancy to single
persons 62 years of age or older, or to couples wherein one of the
persons is 62 years of age or older.
The distance between a building and any lot line. When two
or more lots under one ownership are used for a single development,
the exterior lot lines so grouped shall be used in determining the
setback. (See also "required setback line," and Illustration No. 6.)
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Uses pursuant to which the Yonkers City Council made the
following specific legislative findings at § 43-43(1) of
General Ordinance No. 2-1996:
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The City Council of the City of Yonkers hereby recognizes that
there are some uses which, because of their very nature, are recognized
as having serious objectionable operational characteristics, particularly
when several of them are located in close proximity, thereby having
a deleterious effect upon the adjacent areas. This finding of the
existence of adverse secondary impacts is supported by reports and
studies conducted by other municipalities which have been reviewed
by this Council, including but not limited to the "Adult Entertainment
Study" published by the New York City Department of City Planning
in September 1994, the Report of the Attorney General's Working Group
for the Regulation of Sexually Oriented Businesses in the State of
Minnesota, and reports from different departments, bureaus and boards
of the City of Yonkers. The unrestrained proliferation of such uses
is inconsistent with existing development and future plans for the
City of Yonkers in that such uses often result in influences on the
community which increase the crime rate and undermine the economic,
moral and social welfare of the community. The deleterious effect
of such uses change the economic, social and moral character of the
existing community and adversely affect existing businesses and community
and family life. Special regulation of these uses is necessary to
ensure these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhoods. The purpose of this
ordinance is to prevent the unrestricted proliferation of such uses
while respecting the constitutional rights of the operators of such
establishments and to ensure that the effects of such uses will not
adversely affect the health, safety and economic well-being of the
community, and particularly the youth of the community, by enacting
criteria for the establishment of adult entertainment uses; and which
include the following uses as defined herein: adult book store or
video store, adult theaters, peep shows, massage establishments or
adult entertainment uses or establishments.
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A tree with a minimum caliper of 3 1/2 inches, usually
deciduous, planted primarily for overhead canopy.
A small, fully-enclosed structure for storage, other than
a collection bin. (See also "accessory structure.")
[Amended 2-24-2015 by
G.O. No. 2-2015]
See "planned shopping center."
A lot line separating the side-front yard from a street right-of-way.
(See Illustration No. 25.)
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On a corner lot, that yard which fronts on a street which
has not been designated as the front yard. (See Illustration No. 14.)
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Any lot line other than a front or rear lot line. (See Illustration
No. 6.)
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A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
(See also "side-front lot line, and Illustration Nos. 6, 14 and 15.)
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Any outdoor illuminated or nonilluminated device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information or concepts of any kind to the public, provided that signs described in Chapter 47 of the City Code shall not be subject to the provisions of this Zoning Chapter.
See "billboard."
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered upon the premises,
provided that, at any location where a business sign is permitted,
there shall also be permitted a sign containing noncommercial images
or messages in lieu of any other images or messages, regardless of
whether such noncommercial images or messages relate to activity conducted
upon the premises.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area.
Any sign supported by a structure or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives.
No sign with a commercial message legible from a position off the
lot on which the sign is located shall be considered incidental.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirements
of the Zoning Ordinance.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign that is used only temporarily and is not permanently
mounted.
An illuminated sign or display containing only illuminated
numerals or symbols to show the time or temperature or both.
[Added 12-12-2017 by
G.O. No. 17-2017]
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
A sign that is attached to, placed upon, printed on the interior
or exterior of a window or door of a building, or displayed within
12 inches of a window intended for viewing from the exterior of such
a building. A window sign may be either permanent or temporary.
[Added 12-28-2011 by G.O. No. 5-2011]
See "row house or single-family attached dwelling."
See "detached single-family dwelling."
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in Article IX of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
A device or combination of devices which relies upon solar
radiation as an energy source and that is employed for the purpose
of heating or cooling a building, the heating of water or the generation
of electricity. It may provide power for use by the building, as a
community solar installation or by supplying power to the grid. Solar
photovoltaic and solar thermal systems are solar energy collectors.
[Added 2-9-2021 by G.O. No. 3-2021]
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic
and concentrated solar.
[Added 2-9-2021 by G.O. No. 3-2021]
A technology that uses sunlight to heat water or air.
[Added 2-9-2021 by G.O. No. 3-2021]
See "parking space."
The authorization of a particular land use as specified herein,
subject to such additional requirements to assure the proposed use
is in harmony with the Zoning Ordinance and will not adversely affect
the neighborhood if such requirements are met.
Human genitals in a state of sexual stimulation or arousal,
or acts of human masturbation, sexual intercourse or sodomy, or fondling
or other erotic touching of human genitals, pubic region, buttock
or breast.
Less than completely and opaquely covered human genitals,
pubic region, human buttock, and human breast below a point immediately
above the top of the areola; or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Any land with a slope of 15% or greater.
[Added 4-9-2013 by G.O. No. 2-2013]
An establishment engaged in the storage of goods, products
or materials primarily for business or industrial purposes.
See "mini-warehouse or self-service storage facility."
See "outdoor storage."
A space in a building between the top surface of any floor
and the upper surface of the floor next above or, if there is no floor
next above, then the space between such floor and the roof above.
If the finished floor level directly above the basement or cellar
is more than seven feet above the grade, such basement or cellar shall
be considered a story. (See also "half story," and Illustration No.
17.)
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See "half story."
Any vehicular and/or pedestrian right-of-way shown on the
Official Map of the City of Yonkers. (See Illustration No. 2.)
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See "collector street."
See "cul-de-sac street."
See "dead-end street."
The dividing line between the street and a lot. (See also
"lot line," "front" and "lot line, side-front," and Illustration Nos.
6 and 12.)
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See "local street."
See "major arterial street."
See "minor arterial street."
See "private street."
See "public street."
A design term referring to all the elements that constitute
the physical makeup of a street and that, as a group, define its character,
including building frontage, street paving, street furniture, landscaping,
including trees and other plantings, awnings and marquees, signs and
lighting.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water, which includes but is not limited to buildings,
stadiums, platforms, towers, sheds, trailers, storage bins, fences,
swimming pools and signs. (See also "building.")
See "accessory structure."
See "nonconforming structure."
The workshop of an artist, sculptor, photographer or craftsperson
or a place where radio, television or movies are produced. (See also
"live-work unit.")
An apartment unit consisting of not more than one habitable
room together with a kitchen or kitchenette and sanitary facilities.
Any repair, reconstruction, rehabilitation, addition or improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the improvement or repair is started.
If the structure has sustained substantial damage, any repairs are
considered substantial improvement regardless of the actual repair
work performed. The term does not, however, include either:
[Added 12-28-2011 by G.O. No. 5-2011]
Any project for improvement of a structure required to correct
existing health, sanitary or safety code violations identified by
the Code Enforcement Official and that are the minimum necessary to
assure safe living conditions.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure’s continued designation as an
historic structure.
A self-service retail establishment specializing in food
and household merchandise, with at least 25,000 square feet of gross
floor area.
See "community swimming pool."
See "private swimming pool."
For the purposes of this chapter, shall be considered as
a personal service establishment, however, no tattoo establishment
shall be located closer than 500 feet to any other such establishment.
The distance between such uses shall be measured from the lot lines
of the respective establishments.
A structure that is intended to support or which contains
antenna and/or other equipment to receive or transmit cellular, radio,
television, microwave or other forms of communication, but excluding
those used either for fire, police and other dispatch communications
or exclusively for private radio and television reception and private
citizens' band, amateur radio and other similar private residential
communications.
A telephone facility containing switching equipment where
no public business offices, no repair facilities, except for equipment
maintained in the building, and no storage or warehouse are maintained.
See "audio, radio, video and television station and studio."
See "sign, temporary."
A structure, constructed on the ground, consisting of a playing
area of whatever consistency used to engage in the game of tennis
or other sports. A backstop, consisting of netting, fencing or similar
material and designed to prevent the passage of tennis or other balls
shall be considered to be part of the tennis or sports court.
An establishment for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed and where
there is no display of any material or products.
[Added 10-12-2004 by G.O. No. 6-2004]
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances
to the public for a fee.
See "drive-in theater."
See "college, university or theological seminary."
A detached residential building containing three dwelling
units occupied or intended to be occupied by three families each living
independently of each other and with their own sleeping, sanitary
and cooking facilities.
See "lot, through."
A building or part of a building taller in proportion to
its width and length.
[Added 12-28-2011 by G.O. No. 5-2011]
See "amateur radio or TV tower."
See "telecommunications tower."
A building containing three or more dwelling units wherein
each unit has its own front and rear access to the outside, no unit
is located over another unit, and each is separated from the other
by one or more common vertical walls. (See also "row house or attached
single-family dwelling, and Illustration No. 26.)
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An area, parcel, site, piece of land or property that is
the subject of a development application. (See also "lot" and "parcel.")
A structure which temporarily or permanently stands on wheels
and is capable of being towed or hauled by another vehicle and used
for temporary or long-term human occupation.
A lot, or part thereof, with its appurtenant facilities,
used primarily for the parking of one or more trailers utilized on
such lot for living or sleeping purposes.
Transparency is calculated as the total window area, not
including mullions, divided by the total facade area between the ground
and the top of the sign frieze or the finished floor of the second
story, whichever is greater. If the door is constructed of glass,
it is counted as part of transparency. In order to meet the transparency
requirements, the window area must be comprised of nontinted glass,
and a viewer must have a line of sight to the inside of the establishment.
[Added 12-28-2011 by G.O. No. 5-2011]
A commercial industrial establishment wherein motor vehicles
are dispatched from the premises to pick up, transport and drop off
passengers or goods located off-site and return to the premises where
they are stored when not in use.
A fence intended for the protection of tree(s) erected before
construction at or outside of the dripline of the tree(s) being protected
intended to indicate an area(s) that is not to be disturbed by construction,
used for parking of vehicles or for the storage of materials in order
protect the root zone of the trees.
[Added 4-9-2013 by G.O. No. 2-2013]
Any tree that has a diameter of 20 or more inches or any
tree which is a particularly impressive or unusual example of a species
due to the size, shade, age or any other trait that epitomizes the
character of the species.
A vehicle designed primarily to carry cargo and material.
See "bus or truck depot."
An establishment selling trucks, new and/or used.
See "motor truck freight terminal or truck terminal."
See "antenna, radio or TV."
See "amateur radio or TV tower." (See also "telecommunications
tower.")
An attached residential building containing two two-family
dwellings where each two-family dwelling contains two dwelling units
occupied or intended to be occupied by two families each living independently
of each other and with their own sleeping, sanitary and cooking facilities.
[Added 12-28-2011 by G.O. No. 5-2011]
A detached residential building containing two dwelling units
occupied or intended to be occupied by two families each living independently
of each other and with their own sleeping, sanitary and cooking facilities.
See "dwelling unit."
See "college, university or theological seminary."
The specific purpose for which land, a building or a structure
is designed or arranged or for which it is or may be occupied or maintained.
See "accessory use."
See "nonconforming use."
See "permitted use."
See "preexisting use."
See "principal use."
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
See "public or private utility."
Any substation owned or operated by a public or private utility
for the transmission and/or distribution of electricity, gas, heat,
steam, telephone and water.
Lands or buildings that are not actively used for any purpose.
[Added 9-28-2010 by G.O. No. 4-2010]
See "area variance."
See "use variance."
Any coin-operated device for the selling of merchandise.
An office or hospital where animals are given medical care
and the boarding of animals is limited to short-term care incidental
to the principal use.
See "amusement arcade or center or electronic game center."
See “audio, radio, video and television station and
studio.”
Permission to depart from the requirements of this chapter
with respect to the submission of required information or documents.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls or bulkheads.
See "sign, wall."
An establishment used primarily for the storage of goods,
products, cargo and materials and/or which receives, stores or distributes
such goods or materials by boat, rail, air or motor vehicle.
An establishment which sells predominantly food and household
merchandise at a discount to customers who are required to join and
may be required to pay an annual fee and which contains a gross floor
area in excess of 50,000 square feet. (See also "big-box retail store.")
An establishment or place of business engaged in the storage
and selling of merchandise for or to retailers, to industrial, commercial,
institutional or professional business users or to other wholesalers,
or acting as agents or brokers and buying merchandise for or selling
merchandise to such individuals or companies. The storage of construction
vehicles and equipment shall be included in this definition. This
shall exclude lumberyards, building supply and garden supply centers
engaged in sales of such materials primarily to the public.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in this chapter.
The shortest distance between a lot line and a building.
(See Illustration No. 15.)
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See "front yard."
See "rear yard."
See "required yard."
See "side yard."
See "side-front yard."
A specifically delineated area as shown on the Official Zoning
Map of the City of Yonkers within which uniform regulations and requirements
govern the use, placement, spacing and size of land and buildings.
An alteration of or addition to the text of the Zoning Ordinance
or Zoning Map by the Yonkers City Council.
The Zoning Board of Appeals of the City of Yonkers.
The map or maps which are part of the Zoning Ordinance as set forth in § 43-12 of this chapter.
[1]
Editor's Note: Table 43-1 is included at the end of this chapter.
[2]
Editor's Note: Map B is included as an attachment to this chapter.
[3]
Editor's Note: The former definitions of "medical office"
and "medical or dental clinic," which immediately followed this definition,
were repealed 10-11-2011 by G.O. No. 3-2011.
[4]
Editor's Note: The definition of "research and testing laboratory,"
which immediately followed this definition, was repealed 10-12-2004.
See now "testing laboratory."
[Editor's Note: Illustration Nos. 1 through 26 are included in their applicable definitions in § 43-8.]
