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.
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.
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.
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:
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.
[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.
