A.
No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article VIII of this chapter. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
B.
This chapter shall be enforced by the Commissioner of the Department
of Housing and Buildings, who may, from time to time, with the approval
of the Mayor, promulgate such regulations as may be deemed necessary
for the proper administration and enforcement of this chapter. The
Commissioner of the Department of Housing and Buildings may at any
time call upon the Fire Commissioner, the Corporation Counsel or any
other department head or commissioner of the City of Yonkers who must
institute such proceedings, take such action and give such aid as
may be necessary for the adequate enforcement of this chapter.
C.
The Commissioner of the Department of Housing and Buildings, the
Fire Commissioner or the Director of Planning, or their duly authorized
agents, must at all reasonable times be permitted access to inspect
any buildings, structures, lots or land, whether already erected or
put into use or in course of erection and putting into use, for the
purpose of determining whether or not the provisions of this chapter
are being complied with.
A.
No structure or building shall be erected or structurally altered
or repaired until there has been filed with the Commissioner of the
Department of Housing and Buildings a plan, in duplicate, drawn to
scale, showing the actual dimensions, radii and angles of the lot
to be built upon, the exact size and location of the structure, building
or buildings and accessory buildings to be erected, altered or repaired,
together with such information as may be necessary to determine and
provide for the enforcement of this chapter and to issue a permit
therefor by said Commissioner of the Department of Housing and Buildings.
B.
In all districts, the plot plan shall show a separate lot for each
principal building and a separate lot for each dwelling unit in townhouses
or row houses in those districts where townhouses or row houses are
permitted; provided, however, that where a development consists of
an integrated arrangement of dwelling units in townhouses, row houses
and/or multifamily houses or of nonresidential buildings designed
and intended to be maintained in a single ownership, the Commissioner
of the Department of Housing and Buildings may waive the requirement
of showing separate lots for each such dwelling unit, apartment house
or nonresidential building.
C.
Where a lot is formed from part of a lot already improved, such formation
must be effected in such manner as not to violate any of the provisions
of this chapter, whether related to the then-existing improvement
or to the proposed new improvement.
D.
No building permit shall be issued for any building or structure upon a lot unless said lot abuts a street shown on the Official Map of the City of Yonkers. Said lot shall not contain any portion of land that is subject to a revocable permit, is rented, or is under lease for a period less than the useful life of the proposed building or structure. Furthermore, no building permit shall be issued on any lot unless the width of such lot, measured between side lines intersecting the street line, conforms to the provisions of this chapter or as permitted under § 43-33F(1).
E.
One copy of each of all approved plans shall be returned to the owner
when approved by the Commissioner of the Department of Housing and
Buildings, together with a written permit authorizing the erection
of the structure or building, after payment by said owner to the Comptroller
of the proper fees as heretofore or hereafter determined and prescribed
by the City Council.
F.
The owner's copy of the approved plans and of the building permit
must be kept on the premises for which the permit has been issued
and shall be made available for inspection at all times when demanded
by the Fire Commissioner, the Commissioner of the Department of Housing
and Buildings or the Planning Director, or their authorized agents.
A.
Certificate of occupancy for a building.
(1)
A certificate of occupancy shall be issued by the Commissioner of
the Department of Housing and Buildings to the owner or agent of any
building erected or structurally altered, enlarged or rebuilt after
the passage of this chapter upon completion of such building in compliance
with all the provisions of this chapter and of all other ordinances
of the City of Yonkers that pertain to the construction, occupancy
and use of such buildings.
(2)
A certificate of occupancy issued to the owner or agent of any building
erected or structurally altered, enlarged or rebuilt in accordance
with any variance or variances of the provisions of this chapter granted
by the Zoning Board of Appeals shall include a detailed description
of such variance or variances.
(3)
The owner or agent, or any subsequent owner or agent, of any building erected, structurally altered, enlarged or rebuilt after the passage of this chapter, who occupies or permits occupancy of premises for which he holds no certificate of occupancy, shall be deemed guilty of a violation of this chapter and shall be liable to the fines and penalties provided in § 43-153.
(4)
The owner's copy of the certificate of occupancy must be shown at
all times when demanded by the Fire Commissioner, the Commissioner
of the Department of Housing and Buildings, the Planning Director
or their authorized agents. No certificate of occupancy shall be issued
to any owner or agent or any subsequent owner or agent of any building
which was erected or altered prior to the date of passage of this
chapter in violation of any of the provisions of any Zoning Ordinance
or local law, or other ordinances enacted by the City of Yonkers previous
to the passage of this chapter and which does not conform to the provisions
of this chapter and the City Code.
(5)
In any residential building now or hereafter erected and occupied
or designed for occupancy by three families or more, the owner shall
place and maintain, conspicuously and in a well-lighted area on a
wall of the main entrance hallway to said building or on a wall of
the first-floor lobby of said building, a copy of the certificate
of occupancy for said building, contained in a suitable frame and
glass covered, which certificate of occupancy has been issued for
said building by the Commissioner of the Department of Housing and
Buildings.
(6)
A certificate of occupancy may continue in effect as long as such
occupancy is in full compliance with the provisions of this chapter
and any requirements made in connection therewith at the time of issuance
thereof. The details of any statement or plan approved by the City
Council, Planning Board, Zoning Board of Appeals, the Design Review
Board, the Landmarks Preservation Board, the Commissioner of the Department
of Housing and Buildings, or the Planning Director, acting under the
terms of this chapter and all other local laws, and any conditions
attached to such approval, shall be deemed to be such requirements.
B.
Use permit for a structure other than a building and for the use
of a lot or land.
(1)
A use permit shall be issued by the Commissioner of the Department
of Housing and Buildings to the owner or agent of any structure, other
than a building, which is erected or structurally altered, enlarged
or rebuilt after the passage of this chapter, and to the owner or
agent of any lot or land which is put into use after the passage of
this chapter, upon completion of such structure or upon the putting
into use of such lot or land in compliance with all the provisions
of this chapter and of all other ordinances of the City of Yonkers
that pertain to the construction and use of such structure or to the
use of such lot or land.
(2)
A use permit issued to the owner or agent of any structure other
than a building erected or structurally altered, enlarged or rebuilt
in accordance with any variance or variances of the provisions of
this chapter granted by the Zoning Board of Appeals, or issued to
any owner or agent of any lot or land put into use in accordance with
any such variance so granted, shall include a detailed description
of such variance or variances.
(3)
The owner or agent or any subsequent owner or agent of any structure other than a building which is erected or structurally altered, enlarged or rebuilt after the passage of this chapter and the owner or agent of any lot or land which is put into use after the passage of this chapter who permits the use of any such structure, lot or land for which he holds no use permit shall be deemed guilty of a violation of this chapter and shall be liable to the fines and penalties provided in § 43-153.
(4)
The owner's copy of the use permit must be shown at all times when
demanded by the Fire Commissioner, the Commissioner of the Department
of Housing and Buildings, the Planning Director or their authorized
agents. No use permit shall be issued to any owner or agent or any
subsequent owner or agent of any structure, lot or land which was
put into use prior to the date of passage of this chapter in violation
of any of the provisions of any Zoning Ordinance or local law, or
other ordinances enacted by the City of Yonkers previous to the passage
of this chapter and which does not conform to the provisions of this
chapter and the City Code. A use permit for a structure may continue
in effect as long as such use is in full conformance with the provisions
of this chapter and any requirements made in connection therewith
at the time of the issuance thereof. The details of any detailed statement
or plan approved by the City Council, the Planning Board, the Zoning
Board of Appeals, the Design Review Board, the Landmarks Preservation
Board, the Commissioner of the Department of Housing and Buildings
and the Planning Director, acting under the terms of this chapter
and all local laws, and any conditions attached to such approval,
shall be deemed to be such requirements.
C.
Change of occupancy. No change of occupancy or use shall be made
in any building, structure or premises or any part thereof that is
not consistent with the last-issued certificate of occupancy issued
in compliance with the existing zoning laws for that building, structure
or premises or any part thereof.
Any owner or agent and any person or corporation who violates
any of the provisions of this chapter or other local laws or fails
to comply therewith or with any of the requirements thereof, or who
erects, structurally alters, enlarges or rebuilds or changes the use
of any building or buildings or any structure; or who puts into use
any lot or land in violation of any statement or plan submitted and
approved hereunder; or who refuses to allow a reasonable opportunity
for any premises to be inspected, shall be subject to the following:
A.
A violation of this chapter shall constitute a Class II offense. Nothing herein shall preclude the imposition of more severe penalties when such penalties are imposed pursuant to Chapter 55 (Fire and Building Code), Chapter 56 (Building and Electrical Code), Chapter 57 (Plumbing and Drainage Code), Chapter 58 (Housing and Building Maintenance Code) or Chapter 59 (Fire Code).
B.
The owner of any building or structure, lot or land or part thereof
which by virtue of its location or existence is in violation of this
chapter, and any architect, builder, contractor, engineer, agent,
person or corporation employed in connection therewith and who may
have assisted in the commission of any violation, shall be guilty
of a separate violation for a first violation and a separate misdemeanor
for a subsequent violation of the same code section by the same person
or corporation pertaining to the same premises and, upon conviction
thereof, shall be liable to the same fine or imprisonment, or both,
hereinbefore specified.
C.
In addition to the foregoing remedies, the City of Yonkers, by its
Corporation Counsel, may maintain an action for an injunction to restrain,
correct or abate any violation of this chapter.
In case any land is used or structure is erected, constructed,
altered or maintained in violation of this chapter, any regulation
made pursuant thereto or any detailed statement or plan submitted
and approved thereunder, in addition to other lawful remedies any
appropriate action or proceedings may be instituted to prevent such
unlawful use, erection, construction, alteration or maintenance, to
restrain, correct or abate such violation, to prevent the occupancy
of such structure or land or to prevent any illegal act, conduct,
business or use in or about such premises. Whenever the Commissioner
of the Department of Housing and Buildings has reasonable grounds
to believe that work on any structure is being prosecuted in violation
of the provisions of this chapter, or not in conformity with any regulation
made pursuant thereto or not in compliance with any detailed statement
or plan submitted and approved thereunder, or in an unsafe and dangerous
manner, he may issue a stop-work order.
Whenever any application is made for a variance, special use
permit or site plan approval, the Commissioner of the Department of
Housing and Buildings or the Planning Director, as appropriate, shall
cause an inspection to be made of the property and any improvements
thereon for which the application is made. Such inspection shall be
made for the purpose of determining what violations, if any, of the
Building Code and the Zoning Ordinance of the City of Yonkers exist
with respect to such property or improvements at the time such application
is made. Prior to any such application being considered by the Board
of Appeals, the Planning Board, the Commissioner of the Department
of Housing and Buildings or the Planning Director, as appropriate,
shall submit to such Board the results of such inspection. In granting
any application for a variance, special use permit or site plan approval,
such application may be conditioned upon the removal or correction
of any existing violations on or against the property and improvements
which are the subject of the application.
[Amended 7-15-2019 by Ord. No. 6-2019]
A.
In addition to the notice requirements as provided for in this chapter or as otherwise required by rule, ordinance, resolution or local law, and for all meetings and formal public hearings, any applicant for an amendment to the Zoning Ordinance or Map, a variance, a special use permit, a site plan application, preliminary or final subdivision approval (pursuant to Chapter 46 of the City Code) or for any action for which a City Council or a Zoning Board of Appeals or a Planning Board meeting is required shall post one sign per 300 linear feet of frontage on each street upon which the property fronts. Each sign shall face the street and shall be located no more than 10 feet from the front property line. Said signs shall be clearly visible from the street and shall not be hidden or obscured in any manner by any physical obstruction.
B.
Said signs shall indicate the time and place of the public meeting
on the application, shall be erected by the applicant not less than
10 days prior to the date of the meeting and shall be removed by the
applicant and returned to the Commissioner of the Department of Housing
and Buildings or appropriate office within 10 days following the date
of the public meeting or any adjournment thereof.
C.
The applicant shall deposit with the Commissioner of the Department
of Housing and Buildings or Planning Director a certified check in
the amount of $250 per sign, payable to the order of the City of Yonkers,
as security for the return of such signs to the Commissioner or Director
as herein provided. If said signs are not so returned, within 10 days
of the close of the hearing the security deposit shall be forfeited
by the applicant, and the Comptroller shall credit the same to the
general fund.
In addition to all other notice requirements of this chapter
or as otherwise required by rule, ordinance, resolution or local law,
whenever the Zoning Board of Appeals shall grant a variance or the
Planning Board shall grant a special use permit which includes the
imposition of conditions, said Board in granting such a variance or
special use permit shall include as a condition that written notice
of all other conditions shall be served by the applicant, by registered
or certified mail, on all the known property owners within a radius
of 200 feet of the property boundaries of the parcels for which application
has been made. Said notice shall be sent within 10 days of the effective
date of the grant of the variance or the special use permit approval.
