Should any section, subsection, paragraph, sentence, clause,
provision or phrase of this chapter be declared by any court of competent
jurisdiction to be unconstitutional or invalid, such decision shall
not affect any other portion of this chapter.
This chapter shall take effect immediately.
A.
Except as provided in this section, nothing herein shall require
any change in the plans, construction or designated use of a building
or structure for which a building permit has been lawfully issued
prior to or, under the circumstances noted below, within 60 days after
the effective date of this chapter, provided that the proposed use
complies with the use requirements of this chapter, and further provided
that construction shall begin within six months of the date of such
permit; the foundation or 15% of the construction valuation shall
be completed within one year of the date of such permit; and the entire
building or structure shall be completed within two years of the date
of such permit.
B.
In addition, if the Commissioner of the Department of Housing and
Buildings determines that an application, with accompanying construction
plans, for a building permit filed prior to the effective date of
this chapter meets all requirements of the Zoning Ordinance in existence
as of the date immediately prior to the effective date of this chapter,
has received all necessary conditional or final approvals by the Planning
Board or the Zoning Board of Appeals or other authorized approving
agency, and complies with the use requirements of this chapter, then
the Commissioner of the Department of Housing and Buildings shall
issue all necessary permits within a reasonable time, but not longer
than 60 days from such date, provided that the applicant has taken
all steps deemed necessary by the Commissioner of the Department of
Housing and Buildings to obtain such permit.
C.
Any of the above periods may be increased up to 50% by the Commissioner
of the Department of Housing and Buildings on a showing of good cause.
D.
Notwithstanding the preceding, the Commissioner of the Department of Housing and Buildings may require any such plans, construction or use to be subject to the site plan approval procedures as set forth in Article IX of this chapter and to be modified to comply with the requirements of this chapter to the extent that the agency authorized to approve such a site plan determines such compliance to be reasonable and practical.
The chapter known as the "City of Yonkers, New York, Zoning
Ordinance of 1968" is hereby repealed as of the effective date of
this chapter.[1]
[1]
Editor's Note: Former Ch. 43, Zoning, was adopted 9-14-1953
by G.O. No. 24-1953, amended and readopted 7-3-1968 by G.O. No. 24-1968
and reaffirmed 12-8-1970 by G.O. No. 39-1970.
[Added 4-22-2008 by L.L. No. 6-2008]
A.
By Local Law No. 6 of the Year 2008 the City of Yonkers has adopted
the Compact Plan, as amended from time to time, as a statement of
policies, principles, and guides to supplement
B.
Other established land use policies in the City. In its discretionary
actions under this zoning code, the reviewing agency should take into
consideration said statement of policies, principles and guides, as
appropriate.
