[Amended 7-18-1996 by L.L. No. 5-1996]
A. 
Except as hereinafter provided, no person, owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or any of their agents or employees shall commence the construction, enlargement, alteration, improvement, removal or demolition of any building or structure or any portion thereof or install a solid-fuel-burning heating apparatus, chimney or flue in any dwelling unit without first having obtained a permit from the Department.
B. 
No permit shall be required for necessary repairs which do not materially affect structural features; but such repairs shall not be construed to include the cutting away of any wall or any portion thereof, the removal or cutting of any beams or supports or the removal, change or closing of any stairway or required means of exit or any change or modification which, in the judgment of the Department, affects the structure or which, in the judgment of the Department, shall require the issuance of a permit under the provisions of the New York Uniform Code or this chapter.
C. 
If the applicant or owner of a property is delinquent in real property or ad valorem tax payments to the City of Yonkers or Westchester County for the property on which the application is being made, a building permit may be refused until the tax and all fees and interest have been paid. This section shall not apply in instances when any governmental agency has ordered such improvements in order to comply with applicable law or regulations pertaining to public health or safety; or such improvements are related to medical needs, such as ramps for access for the physically disabled; or nonpayment.
[Added 2-26-2013 by L.L. No. 1-2013]
[Amended 7-18-1996 by L.L. No. 5-1996]
A. 
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the New York Uniform Code, applications for variances to the New York Uniform Code may be made to the regional Board of Review in accordance with all applicable rules including 19 NYCRR 440 and 450, as promulgated and amended by the New York State Department of State. The Department shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the regional Board of Review pertaining to matters affecting the City of Yonkers.
B. 
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter or any rule or regulation adopted by the Department and if such provision is not also a requirement of the New York Uniform Code, applications for variances consistent with the spirit of such provision may be made to the Board of Appeals.
[Amended 7-18-1996 by L.L. No. 5-1996]
A. 
If any structure or building that, by virtue of its occupancy, requires the provision of off-street parking spaces for 10 or more vehicles, as set forth in Chapter 43, Zoning, of the Code of the City of Yonkers, then, prior to the filing of an application for a building permit with the Department, preliminary plans and information shall be submitted to the Department as the Commissioner may reasonably require.
B. 
Before commencement of any construction, alteration, repair, installation, work or activity which requires issuance of a building permit pursuant to the New York Uniform Code or this chapter, the owner or lessee or agent of either or the architect, engineer or builder employed by such owner or lessee shall apply to the Department for a building permit. The application shall consist of a detailed statement, in duplicate, under oath, on forms to be furnished to applicants by the Department, which shall include at least the following:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owners of the building or the land upon which a new structure is to be constructed.
(3) 
An identification or the address of the building and the block and lot number or legal description of the land on which the work is to be done.
(4) 
A description and location of all proposed and existing uses of the land and of all proposed or existing buildings or structures.
(5) 
Plans conforming to the relevant requirements of §§ 43-105, 44-12 and 44-14 of the Code of the City of Yonkers.
(6) 
The estimated cost of the proposed work and cubical content of the proposed addition or construction.
(7) 
A statement that all work shall be performed in compliance with the New York Uniform Code, all provisions of the Yonkers Fire and Building Code and all applicable statutes, laws, codes, ordinances, rules and regulations.
(8) 
A detailed description of the proposed work.
(9) 
The name of a registered architect or professional engineer who is the designer of the proposed work.
(10) 
The name of a competent superintendent of 10 years' experience in construction or a registered architect or professional engineer, who may also be the designer, under whose supervision the work shall be carried out.
C. 
The statement shall be accompanied by the required fee and such plans and structural detail drawings of the proposed work as may be required by the Department of Housing and Buildings.
D. 
No change from the original plans and specifications shall be made as to any matter covered by the New York Uniform Code or this chapter without the prior written consent of both the designer named in the application for the building permit and the Department. The Department shall be notified of any change in designer or construction superintendent.
E. 
The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work conforms to all applicable requirements. The applicant shall furnish any additional information required by the Department.
F. 
The application shall be accompanied by such documents, drawings, plans and specifications as the applicant shall deem adequate and appropriate for compliance or as the Department may require as being necessary or appropriate.
G. 
When required by the Commissioner, any plans or specifications which comprise a portion of the application, including any submitted subsequently, shall be stamped with the seal of an architect or professional engineer licensed in New York and shall in all respects comply with § 7209 of the Education Law, as amended.
H. 
All surveys submitted to the Department shall be stamped with the seal of a surveyor licensed in New York and shall in all respects comply with § 7209 of the Education Law, as amended.
[Amended 6-11-1991 by L.L. No. 5-1991; 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No. 3-2005; 6-20-2009 by L.L. No. 3-2009; 11-26-2013 by L.L. No. 8-2013; 5-12-2015 by L.L. No. 7-2015; 5-14-2019 by L.L. No. 5-2019; 6-25-2025 by L.L. No. 3-2025]
A. 
Fees for building permits for alterations, decks, new structures without enclosing walls and roof, fees authorized in § 56-67 and fees for any other structure or work for which a building permit is required and no permit fee is otherwise established in this chapter, for new buildings and additions and the demolition of structures shall be based on estimated cost of construction or demolition and shall be as follows:
(1) 
For one- and two-family dwellings, $125 filing fee plus $15 per each $1,000 of the estimated cost of construction or demolition or part thereof up to $1,000,000 and $12 per $1,000 or part thereof for $1,000,000 or greater.
(2) 
For all other permits for which the estimated cost of construction is under $10 million, $250 filing fee plus $15 per each $1,000 of the estimated cost of construction or demolition or part thereof up to $1,000,000 and $12 per $1,000 or part thereof for $1,000,000 or greater.
(3) 
For projects for which the estimated cost of construction equals or exceeds $10 Million, a permit of two years in duration may be issued. In such case, the building permit fee shall be equal to $14.50 per $1,000. Two-year permits will require payment in accordance with § 56-20.
B. 
Apportionments. The fees for filing and a review of apportionments are as follows:
(1) 
For two lots, the fee shall be $500.
(2) 
For each additional lot over two, the fee shall be $250 for each lot.
(3) 
For lot combinations, the fee shall be $250 per lot.
C. 
Amendments to building permit. The filing fee for any amendment or change to the original approval of any plan shall be $125 for one- and two-family dwellings and $250 for all other building permits. In addition to the filing fee for amendment, a permit fee of $15 per each $1,000 of estimated cost of construction or demolition or part thereof up to $1,000,000 and $12 per $1,000 or part thereof for $1,000,000 or greater shall be assessed.
D. 
Revision/resubmission fee for correction to building permit applications. The resubmission re-review filing fee for any correction or additional information required to be submitted prior to the approval of any plan or application shall be $125 for one- and two-family dwellings and all minor permits and $250 for all other building permits.
[Amended 6-11-1991 by L.L. No. 5-1991; 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No. 3-2005; 6-26-2012 by L.L. No. 11-2012; 5-12-2015 by L.L. No. 7-2015; 5-14-2019 by L.L. No. 5-2019; 6-25-2025 by L.L. No. 3-2025]
A. 
Fees for minor permits:
(1) 
Mechanical equipment including furnaces, boilers, central or split A/C systems: $150 plus $15 per $1,000 of cost.
(2) 
Emergency back-up generators: $150 plus $15 per $1,000 of cost or $15 per Kw, whichever is greater.
(3) 
Oil tank: $150 per tank, installed or removed or closed in place.
(4) 
Sheds: $150.
(5) 
Aboveground pools: $150 plus $15 per $1,000 of estimated cost.
(6) 
Fences: $100 filing fee plus $15 per $1,000 of estimated cost.
(7) 
Fire cleanup (No structural modifications).
(a) 
Residential buildings: $125 plus $15 per $1,000 of cost of work to be performed.
(b) 
Commercial buildings: $300 plus $15 per $1,000 of cost of work to be performed.
B. 
The prescribed fee for the extension of existing approved building permits shall be: $100 for one- and two-family dwellings, and $250 for all other permits, plus 1/24 of original building permit fee multiplied by number of months extended, but in no case less than $500. The prescribed fee for two-year permits issued pursuant to § 56-18A(3) of this chapter shall be $250, plus 1/36 of the original building permit fee multiplied by 3. Two-year permits issued pursuant to § 56-18A(3) of this chapter may only be extended in 90-day cycles.
C. 
The prescribed fee for the reinspection shall be $250 and each subsequent reinspection shall be $500.
D. 
The fee for an amendment to change contractor or change design professional shall be $150.
E. 
The fee for a certificate to operate an assembly occupancy with an occupancy of 100 or more is $500.
[Added 11-23-1993 by L.L. No. 13-1993; amended 7-18-1996 by L.L. No. 5-1996; 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No. 3-2005; 6-26-2012 by L.L. No. 11-2012; 11-26-2013 by L.L. No. 8-2013]
A. 
Whenever any work for which a permit is required pursuant to §§ 56-18 and 56-19 of this Code has been performed without such permit, a penalty shall be imposed as provided in this section.
B. 
If an individual files an application with the Department of Housing and Buildings to legalize work done on a property, or in a structure or building on said property, where such work was performed without the required permit(s), the individual shall pay a penalty of two times the total permit fee otherwise due, for each permit required including certificate of occupancy, in addition to the regular permit fee(s) prescribed by this Code for work.
[Amended 5-14-2019 by L.L. No. 5-2019]
C. 
No permit shall be issued for any work described in Subsection A of this section and Subsection A of § 56-18 until the additional penalty assessed pursuant to this section has been paid.
D. 
Payment of the penalty required by this section shall not relieve the applicant from compliance with the requirements of the Code of the City of Yonkers, the New York State Uniform Fire Prevention and Building Code and all other applicable statutes, laws, codes, ordinances, rules and regulations or from imposed fines or penalties.
[Amended 7-18-1996 by L.L. No. 5-1996; 5-10-2005 by L.L. No. 3-2005]
A. 
At the time of filing the plans with the Commissioner, 1/2 of the total fee is to be paid, The remaining 1/2 of the total fee is to be paid at the time of the issuance of the permit.
B. 
Upon the filing of completed plans for the erection of a building, the Commissioner shall credit any fees paid in excess of $250 pursuant to § 56-24 for a partial building permit against the total cost of a building permit and/or certificate of occupancy. Any amount paid over and above the cost of a building permit and/or certificate of occupancy, as reduced by the credit authorized herein, shall be reimbursed to the permittee.
C. 
Zoning review only: At the time of filing plans with the Commissioner, 1/4 of the total fee is to be paid for projects exceeding $10,000,000 in estimated cost. Upon zoning approval, and prior to plan review for code compliance, an additional 1/4 of the total fee is paid. The remaining balance is to be paid prior to the issuance of a permit.
[Added 11-26-2013 by L.L. No. 8-2013; amended 5-14-2019 by L.L. No. 5-2019]
D. 
Any amount paid in excess of 1/2 the fee required in Subsection A and Subsection C of this section may be refunded less a $1,500 administrative fee, if application, is withdrawn or denied. No refunds will be made once the permit is processed and ready to be used.
[Added 5-14-2019 by L.L. No. 5-2019]
[Amended 7-18-1996 by L.L. No. 5-1996]
If any construction, alteration, repair, installation, work or activity which requires issuance of a building permit pursuant to the New York Uniform Code or this chapter is to be undertaken by any person other than the owner in fee of the land, such person intending to undertake such activity shall submit to the Department, in addition to the building permit application, a statement, in writing, under oath, giving the full name and residence of each of the owners of the land, building or proposed building, structure or proposed structure, premises, wall, platform, staging or flooring and reciting that he is duly authorized by the owner to perform such work. Such statement authorizing the work shall be signed by the owner under oath and shall be notarized.
[Amended 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No. 3-2005]
Amendments to any building permit or other permit application may be filed at any time before the completion of the work for which the permit was sought. If the amendment is approved, then it shall be made part of the application and permit and filed as such. A fee in accordance with the provisions § 56-18B may be imposed.
A. 
It shall be unlawful to undertake any work for which a building permit is required pursuant to the New York Uniform Code or this chapter until the application, plans and other materials required by this chapter and the New York Uniform Code have been submitted to and approved by the Department and a written permit has been issued by the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
The Department shall approve or reject any application or plan or amendment thereto filed with it pursuant to the provisions of this chapter within a reasonable time and, if approved, shall promptly issue a permit therefor.
[Amended 7-18-1996 by L.L. No. 5-1996]
C. 
No application for a building permit shall be approved by the Department until:
[Amended 7-18-1996 by L.L. No. 5-1996]
(1) 
The application and all supporting plans and materials are in compliance with the New York Uniform Code and the Yonkers Fire and Building Code.
(2) 
There has been compliance with Subdivision 1 of § 36 of the General City Law.
(3) 
There has been compliance with Chapter 43, Zoning, of the Code of the City of Yonkers.
(4) 
There has been compliance with Chapter 44, Land Use Boards, Article II, Architectural Board of Review, of the Code of the City of Yonkers.
D. 
All permits issued by the Department shall be issued subject to the following express terms and conditions, a copy of which shall be contained in such permit: "This permit is issued because of the owner's or applicant's representation that the building or structure herein described shall be built in accordance with the New York State Uniform Fire Prevention and Building Code and the Yonkers Fire and Building Code, the Zoning Law and all other laws, statutes, codes, rules, regulations and ordinances affecting buildings or their use and that the statements contained in the application or information required by the Department are true. In the event that the building or structure is not built in accordance with the New York Uniform Code, the Yonkers Fire and Building Code, the Zoning Law and all other laws, statutes, codes, rules, regulations and ordinances affecting buildings or their use or in the event that any of the statements in the application are not true, then this permit may be revoked."
[Amended 7-18-1996 by L.L. No. 5-1996]
E. 
It shall be unlawful to engage in an asbestos project unless and until satisfactory proof of compliance with Article 30 of the Labor Law of the State of New York is filed with the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
F. 
The permittee shall notify the Department of any changes in the information contained in the application during the period for which the permit is in effect.
[Amended 7-18-1996 by L.L. No. 5-1996]
G. 
The authority and privileges conferred by a building permit may be limited by conditions imposed by the Department. Conditions shall be reasonable and set forth in writing in the building permit.
[Amended 7-18-1996 by L.L. No. 5-1996]
H. 
A building permit issued pursuant to this chapter and the New York Uniform Code shall be prominently displayed on the property or premises to which it pertains.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Department may issue a building permit for the construction of part of a building or structure when plans and detailed statements have been presented for the same before the entire plans and detailed statements of said building or structure shall have been approved. Nothing herein shall relieve an applicant of the obligation to comply with the applicable requirements of this chapter and the New York Uniform Code, including but not limited to the obligation to obtain an excavation permit before commencing any excavation work.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every permit issued by the Department under the provisions of this chapter shall have the signature of such person as may be designated by the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996; 5-10-2005 by L.L. No. 3-2005]
A. 
Any permit issued by the Department under the provisions of this chapter shall expire, by limitation, within one year from the time of issuance or upon issuance of a certificate of occupancy, other than a temporary or partial certificate of occupancy, whichever occurs first. However, in the event that the foundation is not completed within three months from the time of issuance of a building permit or partial building permit, the Commissioner may, in his discretion, revoke the same.
B. 
An expired permit may, upon written request, be renewed for successive periods of 90 days to one year, at the discretion of the Commissioner, provided that:
(1) 
The permit has not been revoked or suspended at the time the application for renewal is made.
(2) 
The relevant information in the application is up to date.
(3) 
The building permit application is in compliance with the New York Uniform Code and this chapter.
(4) 
The renewal fee is paid.
All work authorized by any permit issued pursuant to the New York Uniform Code or this chapter shall be in accordance with the approved detailed statement of specifications and plans and all other documents submitted on behalf of the permittee for whom the permit was issued or any approved amendment thereof. A certified copy of the approved plans shall be kept at all times on the premises from the commencement of work to the completion thereof.
[Amended 7-18-1996 by L.L. No. 5-1996]
The location of any new building or structure or of any extension to an existing building or structure shown on the diagrams and drawings filed pursuant to this chapter or on any approved amendment thereof shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of any lot or plot, a diagram of which has been filed with an application and has been used as the basis for a permit, unless approved by the Department and unless the building or structure for which the permit was issued complies in all respects with the requirements for buildings or structures located on plots of such diminished area in the New York Uniform Code, the Yonkers Fire and Building Code and all other applicable ordinances and laws of the City of Yonkers. This shall not apply to any case in which the lot area is reduced by reason of any street opening or widening or other public improvement.
[Added 1-31-2023 by L.L. No. 6-2023]
A. 
A licensed exterminator shall treat the premises for rodent extermination for the following construction work: 1) where the proposed construction work involves 50% or more of the floor area of a building; 2) where the proposed vertical or horizontal enlargement increases the amount of building floor area by more than 25% over the amount of existing floor area of the building; or 3) where the proposed construction involves full demolition or demolition of more than 50% of the floor area of a building.
B. 
For work that is subject to this section prior to the issuance of a permit authorizing work, the applicant shall certify that a licensed exterminator has been retained to effectively treat the work site for rodent extermination.
C. 
Other rodent control measures. An applicant for a permit for any work subject to this section shall certify prior to the issuance of such permit the provision of suitable pest control measures, including the utilization of pest control devices, at the work site.