A. 
Except as hereinafter provided, no building or structure, or part thereof, and no lot or land, or part thereof, shall hereafter be used except in conformity with the use regulations herein prescribed. Any use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use, except that uses granted by special use permit by the Planning Board and approved by the City Council pursuant to Article VII shall be deemed to be conforming uses. Any use of a parcel of land or lot, or use of a building or structure for which a use variance has been granted by the Zoning Board of Appeals pursuant to Article VIII shall be deemed to be a nonconforming use.
B. 
Except as hereinafter provided, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged or rebuilt except in conformity with the dimensional regulations herein prescribed. Any building or structure that does not conform to the dimensional regulations of this chapter shall be deemed a nonconforming structure, irrespective of the use to which it is put. Buildings or structures for which area variances have been granted by the Zoning Board of Appeals pursuant to Article VIII shall be deemed to be nonconforming buildings or nonconforming structures.
C. 
Any legally established existing use of a building or structure, lot or land, or part thereof, which use constitutes a nonconforming use under the provisions of this chapter, may be continued, subject to the provisions of § 43-21 of this chapter.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this chapter for a particular structure shall not be included as a part of the required lot or yard areas of any other structure. If the lot or yard areas required by this chapter for a particular structure are diminished, the existence of such structure shall be deemed to be a violation of this chapter. The lot or yard areas of structures existing at the time of the passage of this chapter shall not be diminished below the requirements herein provided for structures hereafter erected, and such required areas shall not be included as a part of the required areas of any structure hereafter erected.
A. 
This chapter shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, lots or land, provided that, where this chapter imposes a greater restriction upon the use of buildings, structures, lots or land or upon the height of structures or requires larger lots or yards than are imposed or required by such existing provisions or regulations, the provisions of this chapter shall control.
B. 
Conflicting standards. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties, provided, however, that where this chapter imposes a greater or lesser restriction upon the use of buildings or land, or upon the erection, construction, establishment, movement, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, covenants or agreements, the more restrictive requirements shall prevail.
C. 
Other applicable codes, standards and regulations of the City of Yonkers. There are many other applicable codes, standards and regulations pertaining to the use of land in the City of Yonkers in addition to this Zoning Ordinance. These include, but may not be limited to, the following: Cabarets and Dance Halls (Chapter 23); Theaters, Shows and Motion-Picture Film Storage (Chapter 24); Auctions, Auctioneers and Sales (Chapter 25); Amusements (Chapter 27); Bowling Alleys (Chapter 28); Locksmiths (Chapter 29); Laundromats and Coin-Operated Dry-Cleaning Establishments (Chapter 30); Consumer Protection Code (Chapter 31); Garages (Chapter 32); Newsracks (Chapter 33); Games of Chance (Chapter 34); Bingo (Chapter 35); Parking Lots (Chapter 36); Land Use Boards (Chapter 44); Historic and Landmarks Preservation (Chapter 45); Realty Subdivisions (Chapter 46); Outdoor Signs (Chapter 47); Environmental Quality Review (Chapter 48); Fire and Building Code (Chapter 55); Building and Electrical Code (Chapter 56); Plumbing and Drainage Code (Chapter 57); Housing and Building Maintenance Code (Chapter 58); Fire Code (Chapter 59); Shade Trees (Chapter 80); Recycling (Chapter 92); Landfill Projects (Chapter 94); Water Supply (Chapter 95); Sewerage, Sewers and Liquid Waste (Chapter 96); Parks and Public Places (Chapter 100); Conveyance of City Property (Chapter 101); Streets and Sidewalks (Chapter 103); Street Paving (Chapter 104); Vehicles and Traffic (Chapter 109); House Numbering (Chapter 119); and Wharves, Docks and Bulkheads (Chapter 122).
A. 
Continuation of a nonconforming use, building or structure.
(1) 
Except as otherwise provided herein, the lawfully permitted use of land, buildings or structures and the lawfully permitted existence of buildings or structures at the time of adoption of this chapter may be continued, although such use, building or structure does not conform to the standards specified in this chapter for the district in which such land, buildings or structures are located. Similarly, whenever a zoning classification or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building or structure then presently or theretofore lawfully existing, such use, building or structure may nevertheless continue subject to the conditions set forth below. Said uses shall be deemed nonconforming uses and said buildings and structures which are dimensionally nonconforming shall be deemed nonconforming buildings and nonconforming structures respectively.
(2) 
Any use in existence as of the effective date of this chapter which is by this chapter granted only by special use permit in the district in which it is located shall be presumed to have a special use permit to the extent such use is legally conforming as of the date immediately prior to the effective date of this chapter.
(3) 
No unlawful use of lands, buildings or structures existing at the time of passage of this chapter shall be deemed a nonconforming use and no unlawful building or structure existing at the time of passage of this ordinance shall be deemed a nonconforming building or nonconforming structure.
B. 
Change of a nonconforming use of land, building or structure.
(1) 
The nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be physically enlarged or intensified, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.
(2) 
A building or structure the use of which does not conform to the use regulations for the district in which it is situated shall not be enlarged, extended or altered structurally unless the use therein is changed to a conforming use, or except to conform to an order of the Commissioner of the Department of Housing and Buildings to either correct an unsafe condition or to conform to the requirements of applicable laws or ordinances.
(3) 
No nonconforming use shall be changed to another nonconforming use, except as provided in § 43-21F.
C. 
Abandonment of a nonconforming use. If a nonconforming use ceases for any reason for a period of 12 consecutive months, or is changed to a conforming use, any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the building or structure in which the nonconforming use was conducted, together with substantial cessation of activities consistent with or required for the operation of such nonconforming use shall be deemed to constitute a discontinuation thereof within the meaning of this chapter, irrespective of whether an intention to abandon the nonconforming use may exist. On application, prior to the expiration of the twelve-month period as specified herein, the Zoning Board of Appeals may extend the period for up to six additional months upon a finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the building or structure for a permitted use or a use granted by special use permit. If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.
D. 
Nonconforming buildings or structures. A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading or similar dimensional requirements of this chapter shall be deemed to be a nonconforming building or nonconforming structure. No permit shall be issued that will result in the increase of any dimensional nonconformity, but any building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
E. 
Reconstruction of a nonconforming use, building or structure. Should a building or structure, the use of which or the use of a portion of which is nonconforming, or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent exceeding in aggregate costs 50% of the valuation of the structure as assessed for City taxes, it shall not thereafter be reconstructed or used except in conformity with the provisions of this chapter. Should a building or structure, the use of which or the use of a portion of which is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent exceeding in aggregate costs 50% of the assessed valuation of the structure as assessed for City taxes, it may be reconstructed and any accompanying nonconforming use continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that it shall be reconstructed in accordance with a plan approved by the Zoning Board of Appeals pursuant to § 43-144K so as to result, where reasonable, in greater conformity with this chapter.
F. 
Change to another nonconforming use. On application, any nonconforming use of land, buildings or structures may be changed to another nonconforming use upon approval by the Zoning Board of Appeals, based upon a finding that the proposed use is more appropriate to the district than the existing nonconforming use pursuant to § 43-144K. In permitting such change, the Zoning Board of Appeals may impose whatever conditions and safeguards it may deem necessary or appropriate to further the purposes of this chapter.
G. 
Improvement of a nonconforming use. In order that nonconforming uses may gradually be brought into greater conformity with this chapter and the adverse external effects of such nonconforming uses may be reduced, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan or building plan as appropriate whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking lots and access drives, or by any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Zoning Board of Appeals pursuant to § 43-144K, which Board may then grant approval or approval with modifications, provided that said agency finds that the purposes of this section and this chapter shall be met. If required, the Zoning Board of Appeals shall refer such an application for whatever other approvals may be necessary.
H. 
Certificate of occupancy establishing legality of a nonconforming use, building or structure. Subject to the provisions of § 43-152 of this chapter, upon application to the Commissioner of the Department of Housing and Buildings by the owner of a building or structure, or lot or land devoted to a nonconforming use, or by the owner of a nonconforming building or structure, and submission of evidence establishing the legality of such nonconforming use or nonconforming building or structure, said owner shall be entitled to receive from the Commissioner of the Department of Housing and Buildings a certificate of occupancy or a use permit with an endorsement thereon specifying the date of establishment or construction and the legality of such nonconforming use or nonconforming building or structure, and specifying individually each element of nonconformity.
I. 
Termination of nonconforming use for cause. The Board of Occupancy may revoke the certificate of occupancy or use permit issued to a nonconforming use upon proof satisfactory to it that the conditions of operation or maintenance of premises are such as to constitute a public nuisance, by reason of injury to the adjacent property or to the general neighborhood.
J. 
Dumps or junkyards to be fully enclosed. (Note: This section was adopted in the City of Yonkers, New York, Zoning Ordinance of 1968.) Notwithstanding the provisions of § 43-21H, a dump or junkyard existing in any district at the effective date of this chapter shall be fully enclosed in a permanent building within three years of the date on which this chapter was adopted. If such use is not so enclosed by said date, the Commissioner of the Department of Housing and Buildings shall revoke the certificate of occupancy for such use, and such use shall forthwith be terminated by the owner or lessee of the premises.
K. 
Nonconforming signs.
(1) 
Billboards, as defined herein and as previously permitted as advertising signs, shall be deemed to be distinct nonconforming uses, as defined in this chapter, and shall in addition be subject to all the provisions of Chapter 47 of the Code.
(2) 
Any roof sign, as defined in this chapter, or any outdoor display sign erected, constructed, maintained or painted on or over the roof of any building, or on or above any roof level of a parapet wall, shall be deemed to be distinct nonconforming uses as defined in this chapter.
L. 
Abandoned nonconforming uses.
[Added 3-12-2018 by G.O. No. 2-2018]
(1) 
An abandoned nonconforming use may be reinstated, notwithstanding the provisions of § 43-21C, upon application to the Zoning Board of Appeals provided that the following requirements shall be met:
(a) 
The Zoning Board shall make a finding that the abandoned nonconforming use remains appropriate to its location, provides a convenient and necessary service to the immediate community, and creates no nuisance to the building or community.
(b) 
There is no physical expansion of the abandoned nonconforming use.
(c) 
The abandoned nonconforming use is brought into compliance with current building code requirements.
(2) 
In permitting such reinstatement, the Zoning Board of Appeals may impose whatever conditions and safeguards it may deem necessary or appropriate to further the purposes of this chapter. Permits for any reinstatement shall follow the expiration requirements found in § 43-88.
A. 
Accessory apartments for which certificates of occupancy and/or certificates of completion have been granted. Accessory apartments which exist as of the date of the adoption of this chapter, and for which a valid certificate of occupancy and/or certificate of completion has been granted by the City of Yonkers and which meet the requirements and conditions of the grant of such certificate of occupancy and/or certificate of completion may be continued. Notwithstanding such requirements and conditions, only the following relatives of the lot owner or lot owner's spouse may occupy such an accessory apartment, provided that the lot owner upon which the accessory apartment is located occupies and maintains the principal dwelling building on that lot as his or her primary residence:
(1) 
Parents.
(2) 
Children.
(3) 
Grandchildren.
(4) 
Siblings.
(5) 
Nephews and nieces.
B. 
Accessory apartments for which no certificate of occupancy and/or certificate of completion has been granted. Any accessory apartment that is in existence as of the date of adoption of this chapter for which no certificate of occupancy and/or certificate of completion has been granted but which meets the specific standards, conditions and limitations set forth in this section (§ 43-22) may be continued. Such standards, conditions and limitations are as follows:
(1) 
For accessory apartments which existed as of the date of the adoption of this chapter for which no certificate of occupancy and/or certificate of completion has been granted by the City of Yonkers, such continued use and occupancy of such an accessory apartment may only be continued if, in addition to meeting the above standards of § 43-22B, the owner of such lot and residence in which the accessory apartment exists takes the following actions:
(a) 
Within 60 days next following the date of adoption of this chapter, the owner of the subject lot shall submit a complete application to the Commissioner of the Department of Housing and Buildings for a certificate of occupancy for the accessory apartment, on forms and together with such other documents and fees as are prescribed by the Commissioner.
(b) 
The owner of the subject lot shall permit the Commissioner of the Department Housing and Buildings, or a Deputy of the Commissioner, to inspect the accessory apartment and the principal dwelling within which the accessory apartment is located, to determine compliance with this chapter and with all applicable building, health and fire safety codes and regulations.
(c) 
The accessory apartment shall meet all applicable code and regulations for the issuance of a certificate of occupancy.
(2) 
Accessory apartments shall be located only in zoning districts in which single-family detached dwellings are permitted uses.
(3) 
An accessory apartment shall be located only on a lot upon which a single-family detached dwelling is the principal use.
(4) 
An accessory apartment shall be located only within the principal dwelling building.
(5) 
The owner of a lot upon which an accessory apartment is located shall occupy and maintain the principal dwelling building on that lot as his or her primary residence.
(6) 
The lot upon which an accessory apartment is located and all structures thereon shall conform to all bulk requirements under this chapter for the zoning district in which the lot and structures are located.
(7) 
There shall be no more than one accessory apartment per lot.
(8) 
An accessory apartment shall have no more than two bedrooms.
(9) 
The lot upon which an accessory apartment is located shall provide at least two off-street parking spaces.
(10) 
An accessory apartment shall only be occupied by the following relatives of the lot owner or the lot owner's spouse:
(a) 
Parents.
(b) 
Children.
(c) 
Grandchildren.
(d) 
Siblings.
(e) 
Nephews and nieces.
C. 
All accessory apartments which do not meet or have not met the requirements of either § 43-22A or § 43-22B and for which no certificate of occupancy has been granted by the Commissioner of the Department of Housing and Buildings are prohibited.
[Added 2-9-2021 by G.O. No. 3-2021]
A. 
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, and regulations as referenced in the New York State Uniform Fire Prevention and Building Code Act and the City Code.
B. 
Installation of solar energy collectors for one- and two-family dwellings shall be allowed as a permitted accessory use subject to the following requirements:
(1) 
Building permits and electrical permits shall be required for installation of rooftop and building-mounted solar energy collectors.
(2) 
The solar energy collector surface and mounting devices for building-mounted solar energy collectors shall be installed in accordance with the requirements of the Building Code of New York State.
(3) 
Ground-mounted and freestanding solar collectors shall not be allowed.
(4) 
Solar energy collectors may extend up to 18 inches above the maximum height limit, with unlimited rooftop coverage, but may not extend above the ridge level of a roof on a structure with a gable, hip or gambrel roof:
C. 
Rooftop- and building-mounted solar energy collectors shall be allowed as a permitted accessory use in all zones as provided in Table 43-1, without Planning Board approval subject to the following requirements:
(1) 
Building permits shall be required for installation of rooftop- and building-mounted solar enemy collectors.
(2) 
The solar energy collector surface and mounting devices for building-mounted solar energy collectors shall be set back not less than three feet from the exterior perimeter of a roof on which the system is mounted.
(3) 
The solar energy collector surface and mounting devices for building-mounted solar energy collectors shall be installed in accordance with the requirements of the Building Code and Fire Code of New York State.
D. 
Ground-mounted and freestanding solar collectors are permitted subject to Planning Board approval as accessory structures in all zoning districts, with the exception of single- and two-family homes, subject to the following requirements:
(1) 
The location of the solar energy collector meets all applicable setback requirements of the zone in which it is located.
(2) 
The height of the solar collector and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(3) 
A building permit has been obtained for the solar collector.
(4) 
The solar collector is located in a side or rear yard in compliance with the requirements for accessory structures.
(5) 
All abandoned or unused freestanding solar energy collectors shall be removed within six months of the cessation of operations.
E. 
Notwithstanding the height limitations of the zoning district, solar energy collectors for all other districts and structures may not extend above the ridge level of a roof on a structure with a gable, hip or gambrel roof and shall not extend higher than three feet above the surface of the roof when installed on a flat or shed roof, with unlimited rooftop coverage.