Article VI Supplementary Use and Dimensional Regulations

§ 43-32 Applicability of supplementary use and dimensional regulations; waiver or modification.

The use and dimensional regulations contained in this article are supplemental and additional to the use and dimensional regulations provided for in Article V of this chapter. Where the standards or regulations provided for herein (in Article VI) conflict with those of other requirements of the chapter, the standards of this article shall apply.

The approving agency may, when reasonable, waive compliance or modify the supplemental requirements as provided for in this article (Article VI) in connection with an approval, an approval with modification or disapproval of a development application, except that any waiver or modification of a dimensional requirement as provided for in this article (Article VI) shall be subject to the grant of an area variance by the Zoning Board of Appeals as provided for in § 43-86 of this chapter. The waiver or modification of nondimensional supplemental requirements of this article by the approving agency shall be granted only upon a showing by the applicant that:

(1)

Compliance with such requirements would result in an unnecessary hardship, or that the benefits to the neighborhood or City of Yonkers of granting such a waiver outweigh the detriments thereof; and

(2)

When such requirements are found not to be requisite in the interest of the public health, safety and general welfare, or are found to be inappropriate to the particular use for which approval is being sought.

§ 43-33 Supplementary regulations for all uses and districts.

Lot for every building or structure. Every building or structure hereafter erected shall be located on a lot. There shall be no more than one principal building or structure and its accessory buildings or structures on one lot, for single- and two-family detached dwellings.

Yard for every building or structure. No yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as any part of the yard, court or open space for any other building or structure. No yard, court or any other open space on one lot shall be considered as a yard, court or open space for a building on any other lot.

Required street frontage. Every lot shall be required to front on a street which is recorded on the Official City Map.

Conformity required for apportionments and subdivisions. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building or structure and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building or structure on the new lot thus created unless it complies with all the provisions of this chapter.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Commissioner of the Department of Housing and Buildings shall determine how the requirements of this chapter apply.

New buildings or structures on lots smaller than the minimum required area or dimension.

(1)

A permit may be issued for the erection of a building or structure for a single-family detached dwelling on a lot for which a valid conveyance has been recorded prior to July 3, 1968, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot is located, provided that:

(a)

The lot met the zoning requirements at the time the deed to the lot was recorded or the title to the lot was conveyed;

(b)

All yard setbacks and other building-related requirements which are in effect at the time of the obtaining of the building permit are complied with; and

(c)

The ownership of such lot was not the same as any other lot or lots contiguous thereto as of July 3, 1968. If the opposite is the case, such other lot or lots, or so much thereof as may be necessary, shall be combined with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for conforming lots when so combined.

(2)

Where the required area or dimensions of lots are changed by an amendment to this chapter, any lot legally in existence on that date and made nonconforming by such amendment may be built upon as provided in this section.

Use of yards. No accessory use, building or structure shall be permitted within any minimum required yard except as may be specifically permitted in Article VI, Supplementary Use and Dimensional Regulations, and Article VII, Special Use Permits, of this chapter.

No reduction of required yards. No lot shall be so reduced in area as to make any yard or court smaller than the minimum required under this chapter.

Front yards and side-front yards on corner lots. The owner of a corner lot in a residence district may elect either yard fronting on a street as the front yard, with any other yard fronting on a street then becoming a side-front yard. However, where the majority of lots in any block are developed, the front yard shall be on the same side as the front yards of such other lots. Also, in the instance where the approving agency or the Commissioner of the Department of Housing and Buildings finds that, on the street chosen for the side-front yard for a corner lot for a single-family or two-family dwelling, there is an average setback of existing buildings, from which no building departs too greatly, the agency or Commissioner may require the side-front yard on such corner lot to be equal in depth to such average setback.

Front yards.

(1)

In all districts where a front yard is required, a through lot shall have a front yard on both street frontages and no rear yard shall be required.

(2)

In any residence district where 25% of a block frontage is improved with buildings of the same type, the front yard of a building shall be required to exceed the minimum dimension prescribed in Table 43-3[1] for such district if the average alignment of the two nearest buildings exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 15 feet the minimum permitted front yard prescribed in Table 43-3[2] for the district in which such building is situated. In a one-family district and a two-family district, however, where 25% of a block frontage is improved with buildings of the same type and the front yard of such buildings is less than the minimum dimension prescribed in the Schedule of Dimensional Regulations (Table 43-3[3]) for such districts, the front yard shall be permitted to extend to such average alignment.

[1]

Editor's Note: Table 43-3 is included at the end of this chapter.

[2]

Editor's Note: Table 43-3 is included at the end of this chapter.

[3]

Editor's Note: Table 43-3 is included at the end this chapter.

(3)

Wherever a portion of a front yard or side-front yard is being taken for the widening or improvement of any street right-of-way, the buildings or structures on such a lot shall be required to measure the yard setbacks from the taking line rather than the existing right-of-way line.

Side yards of existing lots narrower than 50 feet. For each one foot by which a lot in a residential district is narrower than 50 feet, 1 1/2 inches may be deducted from the required minimum width of any side yard and three inches from the sum of the required widths of both side yards for buildings or structures not exceeding 2 1/2 stories or 35 feet; provided, however, that no side yard shall be narrower at any point than three feet in any case.

[Amended 10-12-2004 by G.O. No. 6-2004]

Rear yards of existing lots with less than 100 feet of lot depth. For each one foot by which a lot in a residence district is less than 100 feet deep, three inches may be deducted from the required minimum rear yard setback; provided, however, that no required rear yard shall be less than 15 feet deep in any case.

Yard requirements for condominium units. The entire building or buildings and structures constituting a condominium shall comply with all dimensional requirements of this chapter, except that the individual apartments or dwelling units need not comply with the dimensional regulations relating to minimum required lot area, width and yard requirements.

Floor area ratios.

(1)

Calculation of floor area ratios shall be consistent with the definition thereof provided in Article II, Definitions, of this chapter and the provisions as provided in this section.

(2)

In a B District, a building combining nonresidential and residential uses shall not exceed a floor area ratio determined by the following formula:


Where: f = Permitted floor area ratio a = Number of stories devoted in whole or in part to residential uses b = Number of stories devoted exclusively to nonresidential uses s = Total number of stories. In no case shall the permitted floor area ratio exceed 1.50.

(3)

In a BA District, a building combining nonresidential and residential uses shall not exceed a floor area ratio determined by the following formula:


f = Permitted floor area ratio a = Number of stories devoted in whole or in part to residential uses b = Number of stories devoted exclusively to nonresidential uses s = Total number of stories In no case shall the permitted floor area ratio exceed 5.0.

Exceptions to the height limitations of the Schedule of Dimensional Regulations (Table 43-3[4]). The height limitations provided for in the Schedule of Dimensional Regulations (Table 43-3) shall not apply to:

(1)

Rooftop bulkheads, elevator penthouses, water towers, water tanks, monitors, fire towers, hose towers or cooling towers, radio antennas, stage towers or scenery lofts, provided that such features shall be erected only to the heights necessary to accomplish the purpose they are intended to serve. The total area covered by such features shall not exceed 20% of the horizontal area of the roof on which they are located or 10% of the lot area, whichever is the lesser, except that such limitation shall not apply on a designated development site. Where the lot on which they are located is in or adjacent to a residence district, such features shall be set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located.

[Added 5-19-2009 by G.O. No. 3-2009]

(2)

Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than five feet.

(3)

Solar collectors subject to the restrictions in § 43-23.

[Added 2-9-2021 by G.O. No. 3-2021]

[4]

Editor's Note: Table 43-3 is included as an attachment to this chapter.

Structural projections permitted into required yards and courts.

(1)

In all districts where a front yard is required, the space in such front yard shall be open and unobstructed, except for:

(a)

An unroofed extension, deck or patio projecting not more than eight feet.

(b)

Cornices or eaves on the principal building projecting not more than three feet.

(c)

Fences and walls as provided for in § 43-41D.

(d)

Open stairs.

(e)

Permitted residential signs in accordance with Chapter 47, Outdoor Signs, of the City Code.

(f)

Awnings or canopies projecting not more than three feet.

(2)

In all districts, the space in a required side or rear yard or court shall be open and unobstructed, except for:

(a)

Ordinary projections of window sills, belt courses and other ornamental features projecting not more than four inches.

(b)

Chimneys projecting not more than 2 1/2 feet.

(c)

Cornices or eaves projecting not more than three feet in a rear yard and two feet in a side yard.

(d)

Bay windows projecting not more than 1 1/2 feet.

(e)

Retaining walls and fences as provided for in § 43-41D.

(f)

Unroofed patios and decks less than three feet above finished grade as provided for in § 43-41A.

(g)

Open stairs.

(h)

Awnings or canopies projecting not more than three feet.

(i)

Other accessory uses, buildings and structures as specifically permitted by § 43-41.

Dimensional requirements for courts.

(1)

In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions.

(a)

One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.

(b)

Sixteen feet.

(2)

In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:

(a)

One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.

(b)

Two-thirds of the horizontal depth of such court.

(c)

Sixteen feet.

(3)

In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.

Protection of adjacent properties. In order to enhance the safety of residents and provide protection to buildings and persons associated with adjacent properties, the approving agency may require that steep slopes, retaining walls and/or rock cuts that are created by new development and that will remain as a feature of the final site development comply with the required minimum setback distance and be constructed and/or created no closer to the property line than the required setback. A fence of appropriate material may be required to be erected within the new development property line and a second fence to serve as an additional safety barrier and warning device shall be erected between the property line and the steep slope, retaining wall, and/or cut.

[Added 4-9-2013 by G.O. No. 2-2013[5]]

[5]

Editor's Note: This ordinance also provided that it take effect upon adoption except for those projects approved by the Planning Board within 90 calendar days of 4-9-2013.

Steep slope sureties.

[Added 4-9-2013 by G.O. No. 2-2013]

(1)

Completion of work. To ensure compliance with all requirements of stormwater control measures of an approved permit, the approving agency may require the applicant to provide a performance guarantee or surety, prior to construction, in the form of a performance bond, escrow account certification, or irrevocable letter of credit from an insured financial institution. The guarantee shall be for the full cost of all stormwater, erosion and sedimentation control work to be performed on the property for purposes of steep slope protection subject to the permit and shall be payable solely to the City of Yonkers. The approving agency, with the assistance of the City Engineer, shall determine the amount based on the final design plans and actual construction costs.

(2)

Maintenance of facilities. Where stormwater management and erosion control facilities are to be operated and maintained by the developer, or by a corporation that owns or manages the development, the approving agency shall require the developer to provide the City of Yonkers with a written guarantee satisfactory to the Corporation Counsel to ensure maintenance during the life of the facility of all approved stormwater management and erosion control facilities. Additionally, an operations and maintenance manual shall be produced by the developer, reviewed and approved by the City, prior to placing the facilities into operation. Changes to the system, if any, shall be reflected in the manual and shall be submitted to the City at the time of any such change.

(3)

Duration. The written performance guarantee will remain in force until the City of Yonkers releases the responsible party from liability.

(4)

Compliance failure. If the developer or owner fails to perform as required under the permit. The City of Yonkers may draw any portion of the amount guaranteed for the purpose of work in default under the permit.

(5)

Costs. In addition to application fees, the costs of reviewing SWPPP plans by legal, engineering, planning consultants, and outside agencies, and inspecting sites for compliance, shall be paid by the applicant in accordance with a fee schedule established by the City.

§ 43-34 Supplemental regulations for certain residential uses.

Community residential facilities for the disabled for up to 14 persons. A community residential facility for the disabled for up to 14 persons shall be subject to the following procedural requirements, in addition to those others required by this chapter, and shall be subject to the same dimensional standards and requirements for that of a detached single-family dwelling within the district in which it is located.

(1)

If a sponsoring agency intends to establish a community residential facility for the disabled for up to 14 persons but does not have a specific site selected, it may notify the Mayor of Yonkers, in writing, of its intentions and include in such notice a description of the nature, size and community support requirements of the program.

(2)

If such a site has been selected by the sponsoring agency, it shall notify the Mayor of Yonkers, in writing, and include in such notice the specific address of the site, the type of community residence, the number of residents and the community support requirements of the program. Such notice shall also contain the most recently published data, compiled pursuant to § 463 of the Social Services Law, which can reasonably be expected to permit the City to evaluate all such facilities affecting the nature and character of the area wherein such proposed facility is to be located.

(3)

The Mayor shall refer such a notice to the Planning Board, which shall have 40 days after the receipt of such notice to:

(a)

Approve the site recommended by the sponsoring agency;

(b)

Suggest one or more suitable sites within the City of Yonkers which could accommodate such a facility; or

(c)

Object to the establishment of a facility of the kind described by the sponsoring agency because to do so would result in such a concentration of community residential facilities for the mentally disabled in the municipality or in the area in proximity to the site selected or a combination of such facilities with other community residences or similar facilities licensed by other agencies of state government that the nature and character of the areas within the City would be substantially altered.

(4)

Such response shall be forwarded to the sponsoring agency and the commissioner of the office of the department responsible for issuing the license and operating certificate of the proposed facility ("commissioner" hereafter in this section). If the Planning Board does not respond within 40 days, the sponsoring agency may establish the proposed community residence at the site recommended in its notice.

(5)

Prior to forwarding a response to the sponsoring agency and the commissioner, the Planning Board may hold a public hearing pursuant to the requirements of this chapter, including public notice and posting of signs.

(6)

If the Planning Board approves the site recommended by the sponsoring agency, the sponsoring agency shall seek to establish the facility at the approved site.

(7)

If the site or sites suggested by the Planning Board are satisfactory with regard to the nature, size and community support requirements of the program of the proposed facility and the area in which such site or sites are located does not already include an excessive number of community residential facilities for the mentally disabled or similar facilities licensed by other state agencies, the sponsoring agency shall seek to establish its facility at one of the sites designated by the Planning Board.

(8)

If the Planning Board suggests a site or sites which are not satisfactory to the sponsoring agency, the agency shall so notify the Planning Board, which shall have 15 days to suggest an alternative site or sites for the proposed community residential facility.

(9)

In the event that the Planning Board objects to establishment of a facility in the City because to do so would result in such a concentration of community residential facilities for the mentally disabled or combination of such facilities and other facilities licensed by other state agencies that the nature and character of areas within the City would be substantially altered; or the sponsoring agency objects to the establishment of a facility in the area or areas suggested by the Planning Board; or in the event that the Planning Board and sponsoring agency cannot agree upon a site, either the sponsoring agency or the Planning Board may request an immediate hearing before the commissioner to resolve the issue. The commissioner shall personally or by a hearing officer conduct such a hearing within 15 days of such a request.

(10)

In reviewing any such objections, the need for such facilities in the City shall be considered as shall the existing concentration of such facilities and other similar facilities licensed by other state agencies in the City or in the area in proximity to the City selected and any other facilities in the City or in the area in proximity to the site selected providing residential services to a significant number of persons who have formerly received inpatient mental health services in facilities of the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities. The commissioner shall sustain the objection if he determines that the nature and character of the area in which the facility is to be based would be substantially altered as a result of establishment of the facility. The commissioner shall make a determination within 30 days of the hearing.

(11)

Review of a decision rendered by a commissioner pursuant to this section may be had in a proceeding, pursuant to Article 78 of the Civil Practice Law and Rules, commenced within 30 days of the determination of the commissioner.

(12)

A licensing authority shall not issue an operating certificate to a sponsoring agency for operation of a facility if the sponsoring agency does not notify the municipality of its intention to establish a program as required by this section. Any operating certificate issued without compliance with the provisions of this section shall be considered null and void, and continued operation of the facility may be enjoined.

Nursing homes.

(1)

All applications for a nursing home shall have obtained a certificate of need from the state agency responsible for granting such certificates.

(2)

All existing nursing homes shall have a valid license and operating certificate from the appropriate state agency responsible for issuing such a license or operating certificate. A copy of the license and operating certificate shall be placed on file with the Yonkers Department of Housing and Buildings.

(3)

Failure to keep a valid license or operating certificate on file with the Department of Housing and Buildings, or other violations of the applicable standards and regulations of this chapter and the City Code, shall be valid grounds upon which a certificate of occupancy may be revoked by the Commissioner of the Department of Housing and Buildings.

(4)

Nursing homes shall be so designed to be in keeping with the residential nature and character of the surrounding uses.

(5)

Nursing homes shall meet the dimensional requirements applicable to multifamily dwellings for the district in which they are located.

(6)

All nursing homes are encouraged to provide supportive amenities and design features which emphasize the residential nature of such uses both within buildings and in the exterior yard.

(7)

A minimum all-season evergreen buffer of at least five feet in width and four feet in height shall be provided around the perimeter of the property.

Planned apartment complexes.

(1)

The minimum tract area shall be 40,000 square feet, and the minimum tract width shall be 200 feet.

(2)

The minimum setback of a principal building to a property line shall be 25 feet.

(3)

The minimum average lot area per family shall be 1,000 square feet.

(4)

The minimum setback from an internal street or driveway to the property line shall be 15 feet.

(5)

The minimum setback of all parking areas to the property line shall be 10 feet.

(6)

A buffer strip of at least 10 feet in width shall be provided around the entire perimeter of the property. This buffer shall conform to the standards in § 43-121H of the site plan review. The use of landscaped berms or decorative masonry walls may be utilized in lieu of an all-landscaped buffer. The use of a decorative wall and material to be used for the wall shall be provided at the discretion of the approving agency.

(7)

The minimum setback of an internal street or driveway to a building shall be 10 feet.

(8)

The minimum setback of a parking area to a building shall be five feet.

(9)

The maximum overall building coverage of the tract shall be 40%.

(10)

The maximum height of any building shall be three stories or 36 feet, whichever is the lesser.

(11)

The maximum permitted floor area ratio shall be 1.00.

(12)

The minimum distances between any two buildings on the lot shall be as follows:

(a)

Front-to-front, front-to-rear: 35 feet.

(b)

Rear-to-rear: 30 feet.

(c)

Front-to-side or rear-to-side: 25 feet.

(d)

Side-to-side: 15 feet.

(13)

The minimum gross floor area of dwelling units shall be as follows:

	Apartment Type	Minimum Gross Floor Area (square feet)
	0-bedroom or studio	350
	1-bedroom	500
	2-bedroom	750
	3-bedroom	1,000
	4-or-more bedroom	1,200

(14)

The maximum number of units per building shall be 24, and the maximum length of a building along a single plane shall be 160 feet. The minimum number of units per building shall be four.

(15)

Each building shall provide for a facade setback of at least four feet for every 40 feet in length or at least eight feet for every 80 feet in length.

(16)

Each dwelling unit shall provide at least 100 cubic feet of storage area in a basement or cellar or an accessory building outside of the dwelling unit for a one-room or studio unit, plus 100 cubic feet of storage area for each additional bedroom within the unit. No unenclosed porch or patio shall be used for storage.

(17)

Unless provided for within each unit, no less than one washer and dryer shall be provided for each 10 units for the exclusive use of the tenants of the building. No outdoor clotheslines or clothes-hanging facilities shall be provided or permitted.

(18)

There shall be no direct access from garages or off-street parking areas to any public street.

(19)

An outdoor play area or sitting area of a minimum of 25 square feet per dwelling unit, with no aggregate of such space less than 400 square feet, shall be provided on site.

(20)

Fences, patios or similar outside facilities shall be constructed only by the original developer or by the homeowners' association. Any such construction shall only be carried out with the permission of the approving agency.

(21)

For condominium developments, common areas of any tract which are not accepted by the City shall be deeded to the condominium consisting of the property owners within the development for their use, control, management and maintenance.

(22)

All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth in Article IX, Site Plan Review, and Article X, Off-Street Parking and Loading, of this chapter, as well as for subdivisions of land (Chapter 46 of the City Code), except that all curb-to-curb pavement widths shall not be less than 24 feet. No building permit shall be issued unless and until adequate performance guaranties of proper installation of such improvements shall have been posted in accordance with municipal ordinances or regulations.

(23)

An internal system of sidewalks or walkways shall be provided. Sidewalks or walkways shall be a minimum of four feet wide and shall service each unit. Sidewalks or walkways shall provide access to the public serving the development, whether or not a sidewalk exists on that public street.

Planned cluster developments.

(1)

In any residential zone, an applicant for a subdivision and/or site plan approval may apply to the Planning Board for a planned cluster development. Such application, as proposed in a letter, shall be accompanied by a sketch plat or site plan indicating in general the plan and the area to be retained in open space or used for other municipal purposes.

(2)

If, in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Zoning Ordinance, Official Map or other codes and ordinances, and the applicant proposes that the open space shall be dedicated to the City, then the Planning Board may request approval from the City Council that the open space of land resulting from the application of the cluster development be accepted by the City. If approval of the City Council is not granted within 60 days from the date of referral, the applicant may submit a cluster plan providing only for ownership of common land in accordance with the regular subdivision procedures as provided in Chapter 46 of the City Code or in accordance with the regular site plan procedures as provided for in Article IX of this chapter.

(3)

The average floor area ratio and average lot area per family for the tract shall conform to the requirements of the district in which the development is located.

(4)

The criteria for cluster developments shall be as follows:

(a)

The minimum tract size shall be 80,000 square feet.

(b)

The minimum lot size shall be determined by the Planning Board in consultation with other agencies of the City and shall be consistent with high overall design, site design, safety, traffic and parking considerations and neighborhood character but shall in no case be less than 2,500 square feet.

(c)

The maximum building coverage shall be 40% of total tract area.

(d)

All other dimensional requirements shall be determined by the Planning Board on an individual basis, taking into consideration the following:

[1]

Character of surrounding area.

[2]

Overall design of development.

[3]

Availability of utilities, public water and sewers.

[4]

Nature and extent of open space.

[5]

Environmental criteria.

(e)

The housing type permitted shall be the same as those permitted in the district, as per Table 43-2, List of Use Regulations by District,[1] except that the Planning Board may permit other types of attached and zero-lot-line housing in order to effectuate the cluster arrangement and limit the use of environmentally sensitive lands.

[1]

Editor's Note: Table 43-2 is included at the end of this chapter.

(5)

The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in its decisions by this section and the following:

(a)

Lands required to be dedicated shall be so located as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainageways, buffer areas and other environmental criteria, or to provide additional neighborhood area for recreational purposes or school purposes. City requirements shall be satisfied, but dedicated areas should be so located as to meet any possible future needs of the neighborhood or region.

(b)

The Planning Board shall have full discretion as to the location and size of the various open space areas and their distribution. The Planning Board shall not generally approve areas of less than 1/2 acre except when such a site is considered adequate for its specific use, and said Board shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the need of the development where located.

(6)

Maintenance standards.

(a)

All lands and structures not deeded to and accepted by the City shall be serviced and maintained by the owner or condominium or homeowners' association, including but not limited to streets, playgrounds, snow plowing, garbage and trash pickup and other services. Police and fire access shall be required according to law.

(b)

Chapter 58 of the City Code, entitled "Housing and Building Maintenance Code," shall govern the maintenance of all common areas of the development. The owner or organization established is responsible for the proper maintenance of the property.

(7)

Common ownership areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit condominium or homeowners' association in accordance with the following requirements:

(a)

Deed restriction. The applicant shall deliver to the City of Yonkers for its approval appropriate documents establishing deed restrictions prohibiting, in perpetuity, any land designated for common open space from being used for any other purpose and all other covenants and deed restrictions which will be contained in the master deed and unit deed.

(b)

Organization for common ownership required. The applicant shall establish a legally constituted condominium or homeowners' association for the ownership and maintenance of all common space and any streets not accepted for dedication by the City of Yonkers. This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and nondedicated streets.

(c)

Rules of organizations. Any homeowners' association established in accordance with § 43-34D(7)(b) above shall:

[1]

Be established before a certificate of occupancy or temporary certificate of occupancy has been issued for any dwelling unit in the development.

[2]

Make membership automatic and mandatory for each owner of a dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a dwelling unit in the development.

[3]

Guarantee access to all the common open space to all persons legally residing in the development and limit that access to the legal residents and their guests only. Every member of the association shall have a right and easement of enjoyment in and to the common open space.

[4]

Be responsible for liability insurance, taxes and the maintenance of the common open space and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.

[5]

Require owners of dwelling units to pay their pro rata share of the costs listed above and provide that an assessment levied by the organization shall have the same force and effect as a debt or ground rent or lien against the real property.

[6]

Be able to adjust the assessment to meet changing needs.

(d)

Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the development.

(e)

The developer shall convey title to the common open space area to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area or at such time as may be designated by the Planning Board, which date shall be consonant with the policy expressed herein.

Planned townhouse complexes.

(1)

The minimum tract size shall be 40,000 square feet, and the minimum lot width shall be 200 feet.

(2)

The minimum setback of a principal building to a property line shall be 25 feet, except that a windowless side wall may be 15 feet from a property line.

(3)

The minimum average lot area per family shall be 2,750 square feet.

(4)

The maximum overall building coverage of the tract shall be 40%.

(5)

The maximum height of any building shall be three stories or 36 feet, whichever is the lesser.

(6)

The maximum permitted floor area ratio shall be 1.00.

(7)

The minimum setback from an internal street or driveway to the perimeter property line shall be 20 feet.

(8)

The minimum setback from all parking areas to the perimeter property line shall be 10 feet.

(9)

A buffer strip of at least 10 feet in width shall be provided around the entire perimeter of the property. This buffer shall conform to the standards in § 43-121H of the site plan review standards. The use of landscaped berms or decorative masonry walls may be utilized in lieu of an all-landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the approving agency.

(10)

The minimum setback of an internal street or driveway to a building shall be 10 feet.

(11)

The minimum setback of a parking area to a building shall be 10 feet.

(12)

The minimum distances between any two buildings on the lot shall be as follows:

(a)

Front-to-front, front-to-rear: 50 feet.

(b)

Rear-to-rear: 30 feet.

(c)

Front-to-side or rear-to-side: 25 feet.

(d)

Side-to-side: 15 feet.

(13)

The minimum width of a townhouse unit shall be 18 feet.

(14)

The maximum number of units per building shall be 10, and the maximum length of a building shall be 210 feet.

(15)

No building shall have more than four townhouse units without providing a facade setback of at least four feet.

(16)

Each unit shall have at least two means of access to the outside, one access to the front and one to the rear or side.

[Amended 10-12-2004 by G.O. No. 6-2004]

(17)

There shall be no direct access from driveways or garages from any townhouse unit or off-street parking areas onto any public street.

(18)

An outdoor play area or sitting area of a minimum of 50 square feet per unit with no aggregate of such space less than 400 square feet shall be provided on site. No active outdoor recreation area shall be within 20 feet of the perimeter property line.

(19)

Common areas of any tract utilized for a townhouse development which are not accepted by the City shall be deeded to a condominium or homeowners' association consisting of property owners within the development, as described in § 43-34 E(24) of this section.

(20)

Only the land directly under each unit and land adjacent thereto with an area not greater than 50% of said land under each unit shall be sold in fee simple to the purchaser of the unit. All other lands shall be under the ownership and responsibility of the condominium or homeowners' association. All land other than that directly under each unit shall be under the maintenance responsibility of the condominium or homeowners' association.

(21)

All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for subdivisions of land (Chapter 46 of the City Code), except that all curb-to-curb pavement widths shall not be less than 24 feet. No building permit shall be issued unless and until adequate performance guaranties of proper installation of such improvements shall have been posted in accordance with City Code.

(22)

An internal system of sidewalks or walkways shall be provided. Sidewalks shall be a minimum of four feet wide and shall service each unit. Sidewalks shall provide access to the public street serving the development, whether or not a sidewalk exists on that public street.

(23)

Maintenance standards:

(a)

All lands and structures not deeded to and accepted by the City shall be serviced and maintained by the owner or homeowners' association, including but not limited to streets, playgrounds, snow plowing, garbage and trash pickup and other services. Police and fire access shall be required according to law.

(b)

(24)

Common ownership areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the following requirements:

(a)

(b)

(c)

Rules of organizations. Any condominium or homeowners' association established in accordance with § 43-34E(24)(b) above shall:

[1]

Be established before a certificate of occupancy or temporary certificate of occupancy has been issued for any dwelling unit in the development.

[2]

Make membership automatic and mandatory for each owner of a dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a dwelling unit in the development.

Be able to adjust the assessment to meet changing needs.

(d)

Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the development.

(e)

The developer shall convey title to the common open space area to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area or at such time as may be designated by the approving agency, which date shall be consonant with the policy expressed herein.

Row houses (attached single-family dwellings).

(1)

The minimum tract area shall be 6,000 square feet.

(2)

The minimum tract width shall be 100 feet, and the minimum lot depth shall be 60 feet.

(3)

The minimum average lot area per family shall be 2,000 square feet.

(4)

No enclosed garages shall be provided within the front wall of the residential units. Enclosed garages may be permitted on the ground level or below the residential units, provided that access to such garage is provided from the rear of the unit.

(5)

No parking shall be permitted in the front yard.

(6)

The front or side-front yard setback shall be a maximum of 10 feet and a minimum of six feet.

(7)

Each single-family dwelling may be attached on one or both sides of the unit. The minimum setback of an end unit from a side property line shall be 10 feet. The minimum rear yard setback shall be 25 feet. No more than six row houses may be attached in a single continuous building.

(8)

No balconies or decks shall be permitted in front of the unit.

(9)

Pedestrian access to the unit shall be directly from the sidewalk or by means of a short walkway or stairs, with the remaining front yard area landscaped with trees, shrubs and lawn.

(10)

Row houses shall be a minimum of 20 feet in width.

(11)

Row house units should either be parallel or perpendicular to the streets upon which they front.

(12)

Vehicular access may be provided by means of privately-owned alleys to the rear of and perpendicular to the residential building with a minimum width of 18 feet. Such alleys may provide access to rear-entry enclosed garages, to private detached garages or to open-air parking courts located to the rear of such units. Such detached garages or open-air parking areas shall be a minimum of 10 feet from all buildings and shall be screened from public streets by means of fences and landscaping as per § 43-121H.

(13)

The use of natural facade material, such as stone, brick, wood, clapboard or shingles, or a combination thereof, are encouraged.

(14)

No back-to-back or double-loaded row house units or apartments shall be permitted.

(15)

The maximum permitted building coverage shall be 50%.

(16)

The maximum permitted floor area ratio shall be 1.00.

(17)

The maximum height of any building shall be three stories or 36 feet.

Senior citizen apartment houses.

(1)

Apartment houses which are restricted in occupancy to single persons 62 years of age or older, or to couples wherein at least one of the persons is 62 years of age or older, shall be permitted subject to the dimensional requirements for multifamily dwellings as provided for in the Schedule of Dimensional Regulations (Table 43-3)[2] for the district in which they are located, except that, in addition to apartment units, communal recreational and social facilities shall also be permitted.

[2]

Editor's Note: Table 43-3 is included at the end of this chapter.

(2)

No communal dining rooms or kitchens and no health- or medically related facilities shall, however, be provided. Any age-restricted apartment house which provides such services shall be classified as a residential health care facility for the purposes of this chapter and shall be subject to a special use permit as provided for in § 43-72D.

Detached single- and two-family dwellings: Detached single- and two-family dwellings in all residential districts shall be subject to the following additional regulations:

[Added 10-27-2009 by G.O. 7-2009]

(1)

Side setback plane. Except as provided in Subsection H(2), below, an inwardly sloping forty-five-degree angle side setback plane begins at a horizontal line 20 feet directly above each side setback line. The twenty-foot height of the horizontal line is established for forty-foot deep portions of the lot beginning at the front setback line and extending to the rear of the lot, except that the last portion at the rear of the lot may be less than 40 feet deep. (See Illustration.) The side setback plane may be rotated 90° on the lot and provided as a front/rear setback plane to accommodate alternative lot orientations. In such cases, no side setback plane is required.

(2)

Exceptions to the side setback plane and rear setback plane requirements. The requirements of the side and rear setback planes shall not apply to: dormers that do not exceed 50% of the horizontal area of the roof upon which they are located; radio or television antennas; chimneys or vents, provided that such features shall exceed the required plane only to the extent necessary to accomplish the purpose for which they are intended to serve.

(3)

Side wall articulation. A side wall of a building that is more than 15 feet tall and is an average distance of 15 feet or less from a side lot line may not extend in an unbroken plane for more than 30 feet along a side lot line. To break the plane, a wall articulation of not less than two feet for a distance of not less than 10 feet is required. (See Illustration.)

(4)

Maximum exposed wall height. The maximum exposed height of any wall of a detached single- or two-family dwelling shall be 35 feet as measured from the finished grade at the base of the wall to the eave. (See Illustration.)

(5)

Administrative relief permitted. The Commissioner of Housing and Buildings shall have the power to grant, in an S-200, S-100, S-75, S-60, S-50, or a T Zone, a permit for alteration or extension not exceeding 2,500 cubic feet to a detached single- or two-family dwelling, wherein front yard, side yard, rear yard or FAR requirements are at variance with the provisions of this chapter, provided that the applicant for such a permit shall file with the Commissioner written and notarized consents of the immediately abutting lot owners for such alteration or extension. The administrative relief shall be specifically noted on the certificate of occupancy for the building, and only one such permit shall be granted. Any additional alterations or extensions in variance with the Zoning Code may be granted only after compliance with Article VIII, Variances, of the Yonkers Zoning Code.

§ 43-35 Supplemental regulations for certain public and institutional uses.

Offices for philanthropic institutions.

(1)

Permitted offices shall be used for administrative functions only.

(2)

No residential facilities, nor emergency or overnight shelters, shall be provided.

(3)

No food shall be prepared, nor any goods distributed, nor shall health-care services be provided to the population which the philanthropic organization serves.

Parish houses.

(1)

Parish houses shall be permitted as accessory uses to places of worship or other religious or educational institutions if located on the same lot or parcel as the place of worship or institution.

(2)

Parish houses located on a separate lot from the place of worship or religious or educational institution shall be subject to the same standards as that required for single-family detached dwellings in the zone in which they are located.

Places of worship.

(1)

In residential districts, the minimum lot area of a place of worship shall be 15,000 square feet, and the minimum lot width shall be 150 feet.

(2)

In residential districts, the minimum yard setbacks for a principal building for a place of worship shall be increased to two times that required for permitted principal uses in the district.

(3)

No accessory building shall be located closer than 20 feet to any residential property line.

(4)

The maximum building coverage in residential districts shall be 40%; in all other districts such building coverage shall not exceed 60%.

(5)

The minimum area of open space in residential districts shall be 25% of the total area of the lot.

(6)

The height of buildings or structures for a place of worship may exceed the maximum requirements for the district in which it is located, provided, however, that the yard setback requirements set forth above shall be increased one foot for every two feet by which the height of the building or structure exceeds the maximum height that would be permitted, except that in no case shall any proposed building or structure exceed 50 feet in all residential districts and 75 feet in all other districts. Church steeples may exceed all height requirements as provided herein by a maximum of 33%.

(7)

In reviewing a site plan for a place of worship, the approving agency shall make particular note of ancillary uses such as social events, recreational activities, convocation and similar activities and shall impose such reasonable additional requirements as to minimize any adverse impacts on surrounding uses, including buffering, screening and the siting of buildings and off-street parking areas.

(8)

Cemeteries, parish houses, schools, convents, monasteries or seminaries which are accessory to a place of worship shall be permitted but shall be subject to the supplemental or special use requirements for such principal uses as provided for in this chapter.

(9)

As accessory uses to a place of worship, the provision of social services shall not be permitted in any residential district and shall only be permitted as an accessory use to a place of worship in other districts subject to the special use permit requirements for philanthropic institutions providing social services as provided for in § 43-73H of this chapter.

Schools.

(1)

The minimum lot area in all residential districts shall be 15,000 square feet, and the minimum lot width shall be 150 feet.

(2)

Social halls, athletic and sports facilities and playgrounds and similar uses which are customarily accessory to the school use shall be permitted.

(3)

All interior spaces within school buildings to be utilized for potentially noise-generating activities shall be sufficiently sound-insulated and separated from adjacent residential structures so as to avoid any noise nuisance.

(4)

No school building, playground or outdoor sports facility or athletic field shall be located closer than 25 feet to an adjacent residentially used property line. A landscaped buffer, berm, fence, hedge or other screening material shall be provided along the property line of such residential use to a height of no less than six feet.

(5)

Play facilities for the use of students enrolled at an elementary school shall not require the crossing of any street or parking area by the students.

(6)

Building coverage shall not exceed 50%.

(7)

All schools shall be duly licensed by the State of New York, attendance at which is sufficient to comply with the compulsory education requirements of the state.

Philanthropic institutions providing social services. Philanthropic institutions providing social services existing as of the date of adoption of this subsection shall be permitted in the GC District only on a designated development site.

[Added 5-19-2009 by G.O. No. 3-2009]

Satellite facilities of colleges, universities or theological seminaries.

[Added 6-23-2021 by G.O. No. 11-2021]

(1)

The minimum lot area shall be two acres.

(2)

When located in a shopping center, the use shall not occupy in the aggregate more than 25% of gross floor area of the shopping center.

(3)

The location of the facility shall be subject to site plan approval by the Planning Board in accordance with Article IX hereof. An applicant shall demonstrate to the satisfaction of the Planning Board adequate site access to the facility, and that the parking demand of the facility can be satisfied without significantly affecting availability of parking for other uses at the site.

(4)

Gymnasiums or other athletic facilities, dormitories or other student or faculty housing, fraternity or sorority residences, student or faculty dining facilities, or infirmaries shall not be permitted.

§ 43-36 Supplemental requirements for certain business, commercial and office uses.

Audio, radio, television and video stations and studios.

(1)

The applicant shall demonstrate that:

(a)

The use is not detrimental to the environment or the conservation of property values or the character of the zone district in which it is located by means of the emission of noise, vibrations, excessive light, or electromagnetic interference beyond the limits of its lot.

(b)

In the DW, CB and GC Districts, the use shall not be conducted on the first floor of the building unless it presents and maintains the appearance of a retail storefront on the first floor.

Banquet and catering facilities.

(1)

Banquet and catering facilities may also be provided as an accessory use to restaurants and private recreational clubs or community centers. However, in such circumstances, the gross floor area devoted to such a use shall not exceed 50% of the total gross floor area of the principal use to which it is accessory, and, furthermore, the parking requirements for banquet and catering facilities for such floor area devoted to such use shall be met.

(2)

All interior areas designed for potentially noise-generating activities shall be sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.

(3)

The appearance of any structure shall not be out of character or scale with the neighborhood within which it is to be located.

(4)

A ten-foot all-season evergreen planted screen or other suitable buffering shall be required where the banquet and catering facilities is adjacent to a residential use or district.

(5)

In or adjacent to residential districts or uses, no intensive outdoor activity shall be permitted other than off-street parking and similar service uses. If such facilities are provided, they shall be located no closer than 25 feet to a residential zone or the property line of an adjacent residential use. No outdoor music or public address system shall be provided.

(6)

When located adjacent to a residential district and when food or drink is served on the grounds of the facility, such service shall be limited to the hours of 8:00 a.m. and 10:00 p.m., except that, on Friday and Saturday nights and those nights preceding public holidays, such time shall be 11:00 p.m.

Building supply stores.

(1)

All building materials which are stored or sold shall be contained within an enclosed building.

(2)

Sufficient information shall be provided to indicate what provisions for fire protection have been made. Plans shall be reviewed by the Bureau of Fire Prevention.

(3)

In addition to the required off-street parking and loading spaces, a customer pickup/loading area shall be provided.

Cabarets and nightclubs.

(1)

Buildings accommodating such uses shall not be located within 50 feet of a residential use nor within 100 feet of a residential district boundary line.

(2)

All interior areas shall be designed for containing noise-generating activities and shall be sufficiently sound-insulated so as to avoid any noise nuisances beyond the property boundary.

(3)

All entertainment activities shall be conducted within a fully enclosed building. No outdoor dining shall be permitted in conjunction with such a use.

(4)

There shall be no outdoor public address or music system.

(5)

All existing and proposed cabarets and nightclubs shall be required to obtain a valid cabaret license as provided for in Chapter 23, Cabarets and Dance Halls, of the City Code.

Day-care centers.

(1)

The day-care center shall provide a safe pickup and delivery area separate from the off-street parking area and access driveway.

(2)

An outdoor play space of at least 15 square feet per child playing in the play area at any one time shall be provided, with direct access from the day-care center building. Such area shall be set back at least 10 feet from all property lines, which area shall be planted with an all-season evergreen landscaped buffer.

(3)

All day-care centers shall be duly licensed by the State of New York.

Drive-through banks.

(1)

A minimum of five stacking or queuing spaces of at least 20 feet in length per space for automobiles shall be provided for each drive-through lane of a drive-through bank.

(2)

Each drive-through lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-through service window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property.

(3)

Drive-through lanes shall be set back at least 15 feet from all residential property lines and shall be screened from adjacent residential property by means of a six-foot-high solid-screen fence or vegetative screen.

Drive-through restaurants

(1)

A minimum of eight stacking or queuing spaces at least 20 feet in length per space shall be provided for a drive-through lane of a drive-through restaurant.

(2)

Each lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-in window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property.

(3)

The drive-through window shall not be located on any building facade which faces a public street.

(4)

Drive-through lanes shall be set back at least 15 feet from all residential property lines and be screened from adjacent residential property by means of a six-foot-solid screen fence or vegetative screen.

(5)

There shall be at least one major means of ingress and egress, divided by a median strip. If said establishment is located within a developed larger lot, said major means of ingress and egress shall be of sufficient design capacity to serve the entire lot.

(6)

Where a fast-food service establishment is proposed in-line, i.e., as part of an existing or proposed building containing two or more commercial or business establishments, such as a shopping center, with shared common parking, access and egress, the provisions in § 43-36G(3), (4) and (5) shall not apply.

Dry-cleaning establishments.

(1)

Any on-site dry-cleaning operation shall adhere to the following requirements:

(a)

Such processes shall be conducted within an enclosed building.

(b)

Such uses shall provide mechanical ventilation to minimize any solvent buildup in the customer area and to control any minor solvent leakage, provide a supply of make-up air and locate exhaust ventilation stacks in accordance with Department of Health standards, the recommendations of the National Automatic Laundry and Cleaning Council or the American Conference of Governmental Industrial Hygienists. This exhaust ventilation shall be provided on a continuous basis while the establishment is open for business. The fan motor wiring shall be such that the dry-cleaning equipment cannot be operated unless the fan system is in operation.

(2)

No such establishment shall be permitted in any building containing residential uses.

Garden centers.

(1)

With the exception of the landscape plants, shrubs and trees, all materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is harmonious to the adjacent building.

(2)

A solid fence shall be so designed as to screen all materials and supplies from public view.

(3)

Plant materials may be displayed openly in any yard except the front yard.

(4)

All other requirements for the district in which the use is located shall apply.

Hotels.

(1)

All rooms shall be connected to interior hallways and thereby to elevators, stairwells or lobbies, through which access to the exterior shall be provided.

(2)

Banks, barber and beauty shops, book and stationery stores, confectionery and tobacco sales, florists, gift shops, newspaper stands, restaurants and coffee shops, travel agencies, indoor recreational facilities and other similar uses shall be permitted as accessory uses to a hotel, provided that such uses are enclosed and located within the principal building.

(3)

Outdoor recreational facilities such as swimming pools and tennis courts may be permitted but shall be no closer than 25 feet to the property boundary of a residential use or residential zone boundary, and shall be reasonably screened from the view of neighboring properties.

(4)

Outdoor lighting shall be arranged and shielded so as not to project beyond the boundaries of the property.

(5)

No outdoor public address or music system shall be used.

Planned shopping centers.

(1)

Any single building or group of buildings comprising four stores and/or 4,000 square feet of gross floor area shall adhere to the requirements of this subsection, and shall be considered as a planned shopping center for the purposes of this chapter.

(2)

The planned shopping center shall be designed as a single complex with a comprehensive and uniform plan for internal site circulation, landscaping, building design, facade treatments and signage.

(3)

Uses within the planned shopping center shall be limited to those which are permitted in the district in which they are located as per Table 43-2, List of Uses by District.[1]

[1]

Editor's Note: Table 43-2 is included at the end of this chapter.

(4)

To the extent possible, the number of curb cuts shall be limited to one entrance and exit per street frontage, except where such street frontage exceeds a distance of 400 feet.

(5)

Off-street loading and delivery areas shall be located to the rear of the planned shopping center.

(6)

Off-street parking areas shall provide landscaping for shade, buffering, separation between buildings, driveways and parking areas, and for defining circulation routes and storage of snow.

(7)

A comprehensive signage plan shall be provided which covers overall project identification, individual building/tenant identification, traffic and directional signage, and street and parking identification and instructions.

Planned mixed use.

[Added 3-10-2015 by G.O. No. 5-2015]

(1)

Any single building or group of buildings containing a minimum of 70,000 square feet of gross floor area in the IP Zones shall adhere to the requirements of this subsection, and shall be considered a planned mixed use development for the purposes of this chapter.

(2)

Permitted uses within the planned mixed use development shall include those uses permitted in the district in which they are located as per Table 43-1, Schedule of Use Regulations. Notwithstanding the above, the following additional uses shall also be permitted in a planned mixed use development: retail establishments, personal service establishments, restaurants, provided that the aggregate of such uses in this subsection does not exceed 50% of the gross square footage of development on the site.

(3)

The planned mixed use development shall be designed as a single complex with a comprehensive site plan showing internal site circulation, landscaping, building design, facade treatments, and signage.

(4)

To the extent possible, the number of curb cuts shall be limited to one entrance and exit per street frontage, except where such street frontage exceeds a distance of 400 feet.

(5)

Off-street loading and delivery areas may be co-located with parking upon the provision of credible evidence by the applicant that such co-location will not impair the ability to provide parking as required by uses at the site. Credible evidence shall consist of a shared use analysis to the satisfaction of the Traffic Engineer which demonstrates that the loading and parking will occur at different times of the day.

(6)

Off-street parking areas shall be designed to provide safe and efficient circulation and shall provide adequate space for snow storage. In addition, off-street parking areas shall be suitably landscaped with appropriate trees, shrubs, ground cover, and other plant materials to ensure the establishment of a safe, convenient, and attractive facility.

(7)

A comprehensive signage plan shall be provided which includes overall project identification, individual building/tenant identification, traffic, and directional signage, and street and parking identification and instructions.

(8)

Off-street parking ratios may be amended to one space per 200 square feet of gross square footage for all permitted uses in the planned mixed use development based upon credible evidence acceptable to the Planning Board that the mix of uses proposed for the planned mixed use development will have such differing peak hours and days of parking demand to permit the successful operation of the site. Such evidence shall also demonstrate to the satisfaction of the Planning Board, with the assistance of the Traffic Engineer, that on-site parking will not negatively impact off-site parking resources.

(9)

The planned mixed use center will provide accommodations for mass transit in the site plan, if such mass transit serves the site. Such accommodations may include, but are not limited to, enhanced bus stops, bus pull-offs, safe pathways from transit to building entrance and the like.

Self-storage warehouse.

[Added 6-12-2018 by G.O. No. 8-2018]

(1)

When located in the BR, B or BA District the full width of the first-story primary street frontage(s) of any self-storage warehouse shall be devoted to a bona fide retail, personal service, restaurant or other commercial use permitted in the zone and not to storage. The retail, personal service, restaurant or other commercial spaces shall be a minimum of 60 feet deep as measured from the front of the structure. The sales of storage supplies in the rental office shall not count towards such spaces. Such commercial frontage shall be contextual in design and architecturally compatible with other adjacent and nearby first-story commercial uses.

(2)

Parking for the self-service warehouse and other such uses at the site shall be provided pursuant to Table 43-4. The reviewing agency shall insure that parking and loading spaces shall not cause undue maneuvering within the site to the detriment of parking and loading for other uses on the site and shall not require operating a vehicle in reverse from or onto the public right-of way to access the site.

(3)

Self-service warehouse buildings, other than the space required by Subsection M(1) above shall be limited to storage only. No activities other than the rental of storage units and pickup and deposit of items kept in storage shall be allowed. Examples of activities prohibited in a self-storage warehouse include but shall not be limited to the following: the conduct of wholesale or retail sales, the conduct of any personal service use, the conduct of any light, medium or heavy industrial use; auctions, garage sales or flea markets; servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment; the operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or any similar equipment; the establishment of a transfer storage business; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations, but nothing contained herein shall prohibit enforcement of the New York State Lien Law.

(4)

All self-storage warehouse rental contracts shall include clauses prohibiting:

(a)

The storage of flammable liquids, flammable or highly combustible, radioactive or explosive materials or hazardous chemicals or toxic substances or any supplies that, whether singly or combined, may produce such explosive, flammable, toxic materials, chemicals, substances or any hazardous condition.

(b)

Pets or animals.

(c)

The use of the self-storage facilities portion of the property for uses other than storage.

(5)

No outdoor storage shall be permitted on self-storage facilities in the BR, BA or B Zones.

(6)

A landscaping plan shall be required as part of the required site plan-application, which shall depict all landscaping materials to be used to provide adequate visual buffering for the proposed building(s) and parking areas.

(7)

All outdoor lighting shall be shielded, reflected, shaded and focused away from adjoining properties. All outdoor lighting shall meet the requirements found in Article IX for site plans.

(8)

The reviewing agency shall insure that the self-storage warehouse building and its site is designed in a manner that is appropriate and contextual to the area surrounding it.

§ 43-37 Supplemental regulations for all motor vehicle uses.

In addition to the requirements for certain specific motor vehicle uses specified in § 43-38 below, all motor vehicle uses shall comply with the following requirements.

All outdoor fuel pumps and lubricating and other devices, if provided, shall be located at least 25 feet from any property line.

All fuel, oil, gasoline or similar substances shall be stored underground and at least 12 feet from any and all property lines. Such facilities shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters.

All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building or behind a solid screen fence no less than six feet high.

Adequate receptacles shall be provided for the deposit of all waste material. There shall be adequate provision for disposal of trash and refuse left on the premises.

Adequate space shall be provided on the site for all the elements of the motor vehicle use to be incorporated on the site, including provision for off-street parking for the maximum number of motor vehicles, and off-street loading and unloading. No loading shall occur across curbs and sidewalks. Adequate access and egress with appropriate turning radii to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site. Queuing of vehicles on the street or shoulder waiting to enter the site shall not be permitted. All service and repair work shall be performed within enclosed buildings.

All loading and parking areas for vehicles shall be paved, curbed and drained in accordance with City specifications.

Other than in industrial districts, every motor vehicle use shall provide a separate entrance and exit for vehicles. Entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of way.

Curbs shall be constructed so as to channelize all traffic to permitted curb cuts. There shall be no more than two curb cuts on any street frontage.

A fence of at least six feet shall be provided along all property boundary lines except along public street frontages.

When located adjacent to a residential district or use, a dense planting of evergreen bushes or trees to a width of at least 10 feet, in addition to a fence, shall be provided, to block headlight glare and muffle noise from motor vehicles.

All service, storage and trash areas, and such facilities as packer units, RPZ valves, LP tanks, transformers and condensers shall be completely screened from view from any public street or adjacent property.

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or neighbors.

§ 43-38 Supplemental regulations for certain motor vehicle uses.

Automobile rental establishments.

(1)

No automobile rental use shall be located closer than 50 feet to a residential use or district boundary line.

(2)

Adequate space shall be provided on the site for all the elements to be incorporated on the use, including provision for off-street storage for the maximum number of idle rental vehicles. Vehicles which are stored on site shall not be stacked in rows of more than two vehicles head-to-head without the provision of driveway aisles in accordance with the standards of Article X, Off-Street Parking and Loading, of this chapter.

(3)

Adequate access and egress with appropriate turning radii to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site or maneuvering to park on the site.

(4)

Queuing of vehicles on the street or shoulder waiting to enter the site shall not be permitted.

(5)

The rental of trucks and/or buses shall be permitted as an accessory use, provided that such vehicles do not occupy more than 20% of the lot or storage area. Any rental establishment in which such a proportion exceeds 20% shall be classified as a truck and/or bus rental establishment for the purposes of this chapter. For any rental uses which include the renting of trucks and/or buses, the sizes of the entrances and exits, driveways, aisles, parking spaces and storage spaces shall be increased to accommodate the size of the vehicle to be rented.

(6)

The setback to adjacent uses, height and depth of fencing, screening and buffering shall be doubled in those instances where trucks or buses are also rented in addition to automobiles.

Automobile repair shops.

(1)

No automobile repair shop shall be located within 200 feet of any lot line of a place of worship, hospital or school. No part of any building, equipment or pump shall be located within 25 feet of any residential district or within 15 feet of any lot line.

(2)

Such a use shall not permit the reconditioning, repairing, replacing, painting or refinishing of the automobile body.

(3)

Except in the I District, coverage by improved buildings, paved areas, used parts and storage compounds shall not exceed 60% of the total lot area. Building coverage shall not occupy more than 30% of the total lot area.

(4)

All garage door or interior bay accesses shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

(5)

Storage areas for vehicles waiting for repair shall be provided on the site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors at any time between 12:01 a.m. and 6:00 a.m.

(6)

The sale of up to five automobiles stored on the premises at any one time may be permitted as an accessory use to the repair shop, but no such automobiles may be displayed or advertised for sale.

Automobile sales establishments.

(1)

The principal use of the property shall be the sale of automobiles, with minor service and repair as accessory uses. All such establishments shall have a fully enclosed sales building with a showroom area accommodating at least three automobiles.

(2)

All outdoor display and service areas, including driveways and parking facilities, shall be paved. Motor vehicles and equipment shall be kept at least 15 feet from the right-of-way and property lines and shall be neatly arranged on the lot.

(3)

Front yards may be used only for necessary driveways and customer parking. As an accessory use, the side and rear yards not devoted to required screening and buffer areas may be used for storage, display or sale of automobiles and trucks, provided that such areas are screened from adjoining properties. Screening shall consist of shrubbery at least three feet high if facing an arterial road or highway, and at least six feet high for all other locations. Shrubbery shall be of such size and species and density as will prevent the transmission of headlight glare from the enclosure.

(4)

Motor vehicle service or repair may be performed as an accessory use but only within a totally enclosed and soundproofed building.

(5)

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or neighbors. In particular, so called string lights, banners, temporary signs, balloons, flags and other signage not in conformance with the outdoor sign code of the City of Yonkers (Chapter 47) shall be prohibited.

Automobile service stations.

(1)

An automobile service station site shall not be within 200 feet of the nearest wall of any hospital, theater, auditorium, public or other noncommercial school, firehouse, police station, church, library or other similar facility located on the same street as such site nor within 100 feet of the nearest wall of a structure devoted to any such use located elsewhere than on the same street.

(2)

An automobile service station shall have all of its pumps, tanks and other facilities and space for the servicing of motor vehicles located entirely upon private property. No facilities shall be installed for the servicing of vehicles standing upon a public street, and the gasoline pumps shall not be located less than 20 feet from any property lines.

(3)

All garage door or interior bay accesses shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

(4)

Outdoor storage and display of accessories, portable signs and outdoor servicing shall be prohibited at all times. The premises shall not be used for the rental or display of automobiles, trailers, mobile homes, boats or other vehicles. The sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles shall be considered a separate and distinct use from that of a service station and, as such, shall be required to comply with all requirements of this chapter as they relate to automobile rental or sales establishments.

Automobile storage yards.

(1)

No property used principally for the storage of automobiles shall be permitted in any business district in the City of Yonkers.

(2)

Automobile storage areas shall be at least 50 feet from any residence district boundary and at least 10 feet from any property line. No automobile shall be stored or stand outside such paved parking area.

(3)

Where such uses are permitted within 150 feet of a residence zone boundary line, they shall be conducted wholly within a building or within an area enclosed on all sides with a solid wall, compact evergreen screen or uniformly painted board fence not less than six feet in height.

(4)

Motor vehicles stored in such facilities shall be capable of being driven under their own power to and from the site.

(5)

No motor vehicles may be moved to or from the site between the hours of 10:00 p.m. and 6:00 a.m.

(6)

No inspection, sale, service or repair of stored motor vehicles may be made on the site.

(7)

A certificate of occupancy for outdoor storage of motor vehicles shall expire one year after issuance but, on application, shall be renewed annually by the Commissioner of the Department of Housing and Buildings, provided that no such renewal shall be made by the Commissioner unless there has been substantial compliance with all applicable codes, ordinances, regulations and conditions of the certificate of occupancy.

Automobile supply and service stores

(1)

Any automobile parts and supply store which administers any services, inspections or replacement of parts, whether in a service bay or not, shall be classified as an automobile supply and service store and shall be subject to the provisions as provided in this subsection (§ 43-38F).

(2)

Such a use shall meet the requirements for all motor vehicle uses as well as the supplemental requirements for automobile service stations pursuant to § 43-38D.

Automobile and truck body shops.

(1)

Only one such principal use shall be permitted on a lot, which lot shall have a minimum lot area of 10,000 square feet.

(2)

Coverage by improved buildings, paved areas, used parts and storage compounds shall not exceed 60% of the total lot area.

(3)

Building coverage shall not occupy more than 30% of the total lot area.

(4)

All garage doors or interior bay accesses shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

(5)

Motor vehicles under repair shall be kept either within the principal building or outside within a fenced and screened compound. No vehicle shall remain on site for more than 45 days.

(6)

Outdoor storage of used parts or motor vehicle components shall be stored in a fully enclosed container or fenced compound area separate from the outdoor open-air parking lot. This compound shall not exceed 200 square feet in area.

(7)

All property boundaries other than those on a street shall have a densely landscaped buffer at least 15 feet wide. Buffers adjacent to any residence district shall have a minimum width of 25 feet. This buffer area shall be located outside of any area required to be fenced.

Automobile washes.

(1)

An automobile wash shall not provide services other than washing, waxing, simonizing or similar treatment unless it has obtained the necessary approval for the appropriate type of automobile use as provided in this section (§ 43-38).

(2)

An automobile wash shall be completely enclosed for all operations, except final hand drying operations.

(3)

Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.

(4)

A minimum of 10 waiting spaces shall be provided on the premises if the conveyor line is 120 feet or less in length. Such spaces shall be increased by one space for each additional 10 feet or part thereof that the conveyor line exceeds 120 feet. The building exit for automobiles that have completed the washing process shall be at least 50 feet distant from the nearest point of the public sidewalk of the adjacent street.

(5)

Any automatic automobile wash shall be so soundproofed, the entire development shall be so arranged, and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the ambient noise emanating from the ordinary street traffic and from other commercial or industrial uses in the area measured at the property boundary line.

(6)

Not more than five motor vehicles shall be stored outdoors overnight.

(7)

No automobile wash building shall be located closer than 100 feet to a residence zone or entry into any store serving pedestrians, other than another motor vehicle use, and no closer than 200 feet to any school, hospital or similar institution or public use.

Transport service businesses.

(1)

Automobiles stored on such premises shall be at least 50 feet from any residence district boundary and at least 10 feet from any property line. No automobile shall be stored or stand outside of such paved area.

(2)

When located within 150 feet of a residence zone boundary line, such automobiles shall be stored within an enclosed building or in an area screened on all sides by a solid wall or fence, or compact evergreen screen, not less than six feet in height.

(3)

No service or repair of such automobiles shall be conducted on the premises.

(4)

In addition to the areas provided for automobile storage, off-street parking in accordance with the standards set forth in Article X, Off-Street Parking and Loading, shall be provided.

Truck and bus depots and rental, storage and sales establishments

(1)

Truck and bus depots shall meet the supplemental requirements for automobile storage yards when truck or bus depots or storage yards are provided. Truck or bus sales establishments shall meet the supplemental requirements for automobile sales establishments if trucks or buses are sold on the premises. Truck or bus rental establishments shall meet the supplemental requirements for automobile rental establishments if trucks or buses are rented on the premises.

(2)

Wherever two requirements shall overlap or conflict, the more stringent standard shall apply.

(3)

In addition, the entrances and exits, driveway, aisles, parking and storage spaces shall be increased in size to accommodate the size of the bus or truck or other motor vehicle for which storage and repair is intended.

Truck and bus service stations and repair shops. Such uses shall adhere to the same standards as those required for automobile service stations, and automobile repair shops, as applicable, but entrances, exits, driveways, aisles, parking and storage spaces shall be increased in size to accommodate the size of the bus or truck or other motor vehicle which is to be stored or repaired.

§ 43-39 Supplementary regulations for certain industrial, warehouse and storage uses.

Building supply yards.

(1)

All materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is harmonious to the adjacent building.

(2)

If combustible materials are stored or sold outdoors, a twenty-foot-wide fire access strip shall be established along all side and rear property lines in addition to required buffers. Said strip shall be free of obstructing structures and parking or loading areas. Access to the strip shall be maintained from a public street.

(3)

Sufficient information shall be provided to indicate what provisions for fire protection have been made. Plans shall be reviewed by the Bureau of Fire Prevention.

(4)

The solid fence shall be designed to screen all materials and supplies from public view. All other requirements for the district in which the use is located shall apply.

(5)

In addition to the required off-street parking and loading spaces, a customer pickup/loading area shall be provided.

Self-storage warehouse.

[Amended 6-12-2018 by G.O. No. 8-2018]

(1)

Self-storage warehouses shall be limited to storage use only, except that solar collectors may be located on the roof. No activities other than rental of storage units and pickup and deposit of storage shall be allowed. Examples of activities prohibited in a self-storage facility include but are not limited to the following: the conduct of wholesale or retail sales, the conduct of any personal service use, the conduct of any light, medium or heavy industrial use; auctions, garage sales or flea markets; servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment; the operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or any similar equipment; the establishment of a transfer storage business; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations, but nothing contained herein shall prohibit enforcement of the New York State Lien Law.

[Amended 2-9-2021 by G.O. No. 3-2021]

(2)

All rental contracts shall include clauses prohibiting:

(a)

The storage of flammable liquids, highly combustible, radioactive or explosive materials or chemicals or any material or substance that singly or combined may produce a hazardous condition.

(b)

Pets or animals.

(c)

The use of the property for uses other than storage.

(3)

The self-storage warehouse shall be completely fenced or otherwise enclosed, with provision for controlled exits and entrances. The enclosure shall consist of opaque materials such as brick, stone, architectural tile, masonry units or coated woven wire fencing. No barbed wire or wooden stockade fencing shall be permitted. Such enclosure shall be limited to six feet in height, except that portions of the building(s) may be used as a part of the enclosure, provided that the building so used shall have a finished appearance on all walls facing the outside of the perimeter, such as decorative block or other architectural finish.

(4)

Off-street parking and loading shall be designed and located to meet requirements of Article IX, Site Plan Review, and Article X, Off-Street Parking and Loading (Table 43-4), of the Yonkers Zoning Ordinance. Required minimum accessory parking shall not be used for any storage purpose.

(5)

Outdoor storage of boats, trailers, recreational vehicles, trucks and other vehicles may be offered provided that such areas are adequately screened and sized for the anticipated use thereof. Such areas shall not be permitted in the front yard of the site.

(6)

A landscaping plan shall be required as part of the required site plan, which shall depict all landscaping materials to be used to provide adequate visual buffering for the proposed building(s) and parking areas.

(7)

All outdoor lighting shall be shielded, reflected shaded and focused away from adjoining properties.

Motor truck freight terminals and distribution centers

(1)

All parking areas for operating vehicles shall be paved, curbed and drained in accordance with municipal specifications. Such areas shall be at least 60 feet from any residence district boundary and at least 25 feet from any property line.

(2)

Adequate space shall be provided on the site for all the elements to be incorporated into the terminal, including provision for off-street parking for the maximum number of idle trucks, tractors, semitrailers, buses and automobiles, and off-street loading and unloading. No loading shall occur across curbs and sidewalks. Adequate access and egress with appropriate turning radiuses to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site. Queuing of trucks or buses on the street or shoulder waiting to enter the terminal shall not be permitted.

(3)

All fuel, oil, gasoline or similar substances shall be stored underground and at least 25 feet from any and all property lines. Such facilities shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters.

(4)

All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.

(5)

Screening shall include planting of evergreen bushes or trees in addition to a fence, so that truck motor noise and the sound of overnight operation of refrigeration units shall be muffled when adjacent to any residence district.

§ 43-40 Supplemental regulations for all accessory residential uses and structures.

In addition to the specific requirements for certain accessory residential uses and structures provided for in § 43-41, all accessory residential uses and structures shall be required to meet the following provisions:

No accessory residential use or structure may be established on a lot prior to the establishment of the principal building or structure, except temporary structures associated with the construction of the principal building or structure.

The following accessory uses and structures are specifically prohibited:

(1)

Outdoor storage, except temporary construction equipment.

(2)

The parking or storage of commercial vehicles other than one commercial vehicle which does not exceed 3/4 ton's capacity, and provided that an off-street parking space or a garage other than a driveway is provided for such a vehicle.

(3)

Temporary or portable signs.

Private residential garages and open-air parking is permitted subject to the requirements set forth in § 43-44.

Unless otherwise specifically provided for in § 43-41, all accessory buildings and structures shall adhere to the requirements set forth below. Where the requirements in this subsection conflict with the standards of § 43-41, the standards of § 43-41 shall apply.

(1)

No accessory residential uses or structures shall be permitted in the front yard, except for fences and walls as provided for in § 43-41D and signs, in accordance with the requirements of Chapter 47, Outdoor Signs, of the City Code.

(2)

More than one accessory residential use or structure shall be permitted on a single lot, provided that the total area covered by such buildings and structures does not cover more than 60% of the rear yard or more than 60% of each side yard, or a total of 75% of the rear and side yards when added together.

(3)

No accessory residential use or structure shall exceed one story or 15 feet in height, whichever is the lesser, except that solar collectors not exceeding 18 inches may be placed on the roof of an existing accessory residential use or structure.

[Amended 2-9-2021 by G.O. No. 3-2021]

(4)

No accessory residential use or structure shall be located closer to a side yard than three feet, or closer to a rear yard than five feet, except that solar collectors may be located upon an existing accessory residential use or structure.

[Amended 2-9-2021 by G.O. No. 3-2021]

§ 43-41 Supplementary regulations for certain accessory residential uses and structures.

Decks and patios.

(1)

Decks and patios shall have no enclosure other than the sides of the principal building to which it is attached; provided, however, that a deck may have a railing or open construction not over four feet in height, with at least 1/2 of the area thereof open.

(2)

A deck which is more than three feet in height above the average finished grade of the building to which it is attached shall meet the minimum setback requirements for principal buildings. All other decks shall be no closer than three feet to a side yard nor closer than five feet to a rear yard.

(3)

A deck or patio shall not be located in the front yard, except in accordance with § 43-33P(1)(a) and may not cover more than 40% of one side or rear yard.

Doghouses or structures accommodating pets.

(1)

The boarding of more than two pets for a fee shall be prohibited in all residential districts, whether such pets are accommodated within a principal or accessory structure.

(2)

No more than one doghouse or structure accommodating a pet per lot shall be permitted. No doghouse or similar accessory structure accommodating a pet shall accommodate more than four pets of the equivalent size or larger than an adult dog. The temporary raising of litters, however, shall be permitted.

(3)

No doghouse or similar accessory structures accommodating a pet shall exceed 25 square feet of floor area, or exceed six feet in height.

(4)

No such accessory structures shall be closer than 15 feet to any property line and no closer to a street than the minimum required front yard setback.

(5)

In addition to the above, dog runs shall be permitted provided that the fences and walls used in connection therewith shall comply with the requirements of § 43-41D.

Family day-care homes.

(1)

Any residence used for the purpose of providing family day care or day-care of school-age children in a family day-care home shall be required to place on file with the Department of Housing and Buildings a valid permit for such a use issued by the State Department of Social Services as required in Part 416 of the Department Regulations, prior to the granting of a required certificate of occupancy for such a use.

(2)

The residence used for such purposes shall be required to meet all of the standards and regulations applicable to dwelling type and zoning district in which such activity is carried out, as provided for in this chapter and the City Code.

(3)

Failure to keep a valid permit on file with the Department of Housing and Buildings, or other violations of the applicable standards and regulations of this chapter and the City Code, shall be valid grounds upon which a certificate of occupancy may be revoked by the Commissioner of the Department of Housing and Buildings.

Fences and walls.

(1)

All fences or walls and their appurtenances shall be located inside all lot lines.

(2)

Electrically charged fences, barbed-wire fences and other fences constructed of sharp materials shall not be permitted.

(3)

Fences and walls, including retaining walls, shall only be permitted within required yard setbacks and courts in accordance with the following:

(a)

Such fences or walls shall not exceed four feet in height if located in a required front yard setback or in any other required yard setback abutting a street, and six feet in height within any other required yard setback, except that a fence of not less than 75% open construction may have a maximum height of eight feet where located in a nonresidential district, and except that the Commissioner of the Department of Housing and Buildings may, where required for safety, require the addition to a retaining wall of a motor vehicle bumper guard or a fence, of not less than 75% open construction and not exceeding the above height limitations by more than four feet.

(b)

Such a fence or wall shall not be located on corner lots or at driveway openings so as to obstruct the vision of motor vehicles at street intersections or at driveway openings.

(c)

In all residence districts, on a corner lot for which a front yard and a side front yard are required, no fence or wall or other structure shall be erected to a height in excess of four feet, within the triangular area determined by the intersecting street lines and a diagonal connecting two points, one on each street center line, each of which points is 75 feet from the intersection of such street center lines.

Garage and yard sales. Garage and yard sales shall be permitted not more than twice in any one calendar year per residential property and shall be limited to items not specifically purchased for resale.

Group family day-care home.

(1)

Any residence used for the purpose of providing group family day care or day care of school-age children in a family day-care home shall be required to place on file with the Department of Housing and Buildings a valid permit for such a use issued by the State Department of Services as required in Part 416 of the Department Regulations, prior to the granting of a required certificate of occupancy for such a use.

(2)

(3)

(4)

One off-street parking space per employee shall be provided in the rear yard.

Home occupations.

(1)

Any occupation or activity carried out for gain by a resident shall be conducted entirely within the dwelling unit and shall be clearly incidental to the use of the structure as a dwelling. No accessory structures or areas outside the principal structure shall be used for or in connection with the home occupation.

(2)

There shall be no change in the appearance of the dwelling or premises, or any visible evidence of the conduct of a home occupation.

(3)

There shall be no storage of equipment, vehicles or supplies associated with the home occupation outside the dwelling.

(4)

There shall be no display of products visible in any manner from outside the dwelling, nor shall any advertising display or identification signs be permitted.

(5)

No persons outside of the residents who occupy the dwelling shall be permitted to work on the premises.

(6)

The home occupation shall not involve the use of commercial vehicles or delivery service for delivery of materials to or from the premises or create more traffic than is customary for a residence of the type permitted in the zone.

(7)

No customer, clients, colleagues or members of the public shall visit the home in connection with the home occupation carried on within the dwelling.

(8)

No additional on- or off-street parking spaces for clients and customers shall be provided on the premises.

(9)

Commercial newspaper, radio or television services shall not be used to advertise the location of the home occupation to the public.

(10)

No equipment or process shall be used in a home occupation other than is customarily used for domestic and household purposes, and no equipment shall be used or process conducted which creates, noise, vibration, glare, fumes or odors detectable to the normal senses at the property boundary lines of the premises.

Parish houses. Parish houses shall be permitted as accessory uses to places of worship but shall be required to meet the dimensional requirements for principal uses in whichever district such a house is located. Such houses shall be used only as a residence for the clergy associated with the place of worship to which it is accessory.

Piers, docks and boathouses.

(1)

Boathouses and covered moorages shall not exceed a height of 10 feet above high tide, nor shall the aggregate floor area of such structures exceed 40% of the rear yard.

(2)

The maximum length that a pier may extend into the water shall not exceed 50 feet beyond the high-tide line and shall not exceed six feet in width.

(3)

Piers shall be attached to the shore between the minimum side yard setback lines projected into the water body.

Pigeon raising coops.

(1)

The raising of pigeons shall not be for any commercial purposes but shall be maintained solely as a hobby or sports activity.

(2)

The owner or operator of any pigeon shall file annually with the Department of Housing and Buildings an affidavit indicating his or her membership in a bona fide pigeon association which engages in the sport of racing or breeding of pigeons solely as a hobby.

(3)

No pigeon coop shall be located any closer than 15 feet to any property line.

(4)

No pigeon coop shall exceed eight feet in height nor be more than 25 feet in floor area.

Radio and TV antennas.

(1)

Radio and TV antennas may be attached to principal buildings as architectural projections and may project into the required side or rear yard a maximum of two feet.

(2)

Freestanding antennas shall require their own foundation and shall meet all required rear and side yard setback and height standards for principal buildings.

(3)

The height of such antennas shall conform to the requirements of § 43-33O.1 of this chapter.

Refuse collection, storage and recycling.

(1)

An enclosed area shall be provided for the temporary outdoor storage of trash or recycling materials and other refuse. Trash receptacles shall be covered. The enclosed area shall be on a durable, paved surface and designed and screened by landscaping or an attractive, solid architectural fence, so that the trash and refuse will not be seen by the general public or from adjoining properties.

(2)

For each application for 25 or more multifamily dwelling units, a storage area of three square feet within each dwelling unit to accommodate a one-week accumulation of designated recyclable materials shall be provided. The approving agency may require the applicant to designate a centralized storage area for recyclable materials.

Signs. Signs shall be permitted in all residential districts subject to the regulations contained in Chapter 47, Outdoor Signs, of the City Code.

Storage of recreational vehicles, campers, boats and motor vehicle trailers.

(1)

Only one recreational vehicle, camper, boat, boat trailer or motor vehicle trailer shall be stored on an improved lot and shall be owned by the resident of the dwelling or the lot. A garage of sufficient size to accommodate such a vehicle shall be provided.

(2)

Such a vehicle shall be stored with the wheels attached thereto or shall not be used for permanent or transient habitation when so stored.

(3)

Such a storage garage shall be located within the side or rear yard and shall be no closer than five feet to a property line.

(4)

Such storage garage shall not be utilized for the storage or parking of commercial trucks, vans, tractors, trailers or any other vehicles in connection with any business.

Storage sheds, greenhouses and children's playhouses.

(1)

The maximum size of a greenhouse, storage shed or children's playhouse shall be 100 square feet for each 5,000 square feet of lot area, or a proportion thereof, but in all cases may be at least 100 square feet in size.

(2)

No more than one storage shed or greenhouse and one children's playhouse shall be permitted.

(3)

No storage shed, greenhouse or children's playhouse shall exceed a height of eight feet, nor be located any closer to a property line than five feet.

(4)

To the extent possible, the color and roofing material of storage sheds shall match that of the principal building on the lot.

(5)

Any storage shed, greenhouse or children's playhouse which is attached to a principal building or structure shall be considered part of the principal building or structure for the purpose of measuring minimum required setbacks.

(6)

Such structure shall not be used for the conduct of any business located on or off the subject property nor for storage for any commercial enterprise or business on or off the subject property.

Swimming pools and bathhouses.

(1)

A private swimming pool may be located in the rear yard or side yard, except that a pool shall not be located in the minimum required side yard as measured from the inside wall surface of in-ground pools and from the exterior edge of a deck for aboveground and partially aboveground pools.

(2)

Adjacent to every front, side and rear lot line contiguous to the yard areas containing the pool, there shall be a protective solid screen for a height of not less than six feet, so as to provide an effective visual screen along such property lines. The requirement of a visual screen shall be satisfied by either the installation of a solid fence or a planting strip not less than four feet wide and laid out with suitable plant material which will attain and be maintained at a height of not less than six feet.

(3)

A private swimming pool shall not be used after 10:00 p.m.

(4)

For in-ground or partial in-ground pools, the portion of the premises upon which a swimming pool is located shall be entirely enclosed with an approved-quality chain-link wire, wooden or other fence of not less than six feet nor more than 10 feet in height. For aboveground pools without decks, a ladder of the hinged type shall be provided with locking devices such that, when the pool is not in use, the ladder will be locked in the up position. For aboveground pools having decks, a gate and fence at least three feet high above the level of the deck shall be installed. Aboveground pools shall not be required to have any additional fencing.

(5)

Every gate or other opening in the fence enclosing any swimming pool shall be kept securely closed and locked at all times when such pool is not in use. All gates shall be equipped with a spring or such similar device to automatically close the gate after use. The gate shall be equipped with a latch which will automatically engage when the gate closes. The latch release shall be located at least five feet above adjacent ground level.

(6)

Notwithstanding the provision of Subsection P(2) above, no portion of a swimming pool shall be less than six feet from any property line.

(7)

The water inlet of every swimming pool shall be above the overflow level of said pool. All swimming pools shall be provided an acceptable means of draining water. Proper disposal of backwash and all pool water shall be required to drain to an acceptable wastewater disposal receptacle as approved by the Commissioner of the Department of Housing and Buildings.

(8)

No loudspeaking or amplifying device shall be permitted that will project sound beyond the boundary of the property or lot where any pool is located.

(9)

No lighting or spotlighting shall be permitted that will project light rays beyond the bounds of the property or lot where any pool is located.

(10)

A bathhouse or cabana serving such a swimming pool shall be permitted, provided that it meets the setback and other dimensional requirements for accessory uses and structures in the district in which it is located.

Tennis courts and other sports courts.

(1)

A tennis court, basketball, volleyball or other sports courts shall be permitted in the rear yard and side yard, but not within the minimum required side yard setback, and no closer than 15 feet to the rear property line.

(2)

A fence with a maximum height of 12 feet shall be permitted at the perimeter of such a court.

(3)

A solid screen fencing or all-screen buffer shall be provided between such courts and adjacent residential properties to a height of at least six feet.

(4)

No such court shall be illuminated for night use.

(5)

Such a court may only be used by the residents of the premises and their non-fee paying guests.

§ 43-42 Supplemental regulations for all accessory nonresidential uses and structures.

In addition to the specific requirements for certain accessory nonresidential uses and structures provided for in § 43-43, all accessory nonresidential uses and structures shall be required to meet the following provisions:

Nonresidential semipublic open-air parking and parking garages shall be permitted subject to the requirements set forth in § 43-44.

Unless otherwise specifically provided for all accessory buildings and structures shall adhere to the requirements set forth below.

(1)

No accessory nonresidential uses or structures shall be permitted in the front yard, except for fences and walls, as provided for in § 43-41D, and signs, in accordance with the requirements of Chapter 47 of the City Code.

(2)

More than one accessory nonresidential use or structure shall be permitted on a single lot provided that the total area covered by such buildings and structures does not cover more than 80% of the rear yard or more than 80% of each side yard, or a total of 85% of the rear and side yards when added together.

(3)

The gross floor area of all accessory buildings on a lot may not exceed 30% of the total floor area of all buildings on the lot.

(4)

No accessory nonresidential use or structure shall exceed one story or 15 feet in height, whichever is the lesser, and in no event shall it exceed the height of the principal building on the lot, except that solar collectors not exceeding 18 inches may be placed on the roof of an existing accessory nonresidential use or structure.

[Amended 2-9-2021 by G.O. No. 3-2021]

(5)

No accessory nonresidential use or structure shall be located closer to a side yard than three feet or closer to a rear yard than five feet, except that solar collectors may be placed upon an existing accessory nonresidential use or structure.

[Amended 2-9-2021 by G.O. No. 3-2021]

Any use which is prohibited in accordance with § 43-28 shall be prohibited as an accessory use as well as a principal use.

All accessory nonresidential uses and structures shall be subject to site plan approval as per Article IX of this chapter.

§ 43-43 Supplemental regulations for certain accessory nonresidential uses and structures.

Amusement games and devices.

(1)

Amusement games and devices shall be permitted within a principal building of commercial uses in accordance with the following schedule:

(a)

No more than two such devices shall be permitted for establishments of 2,500 square feet of gross floor area or less.

(b)

No more than four such devices shall be permitted for establishments greater than 2,500 square feet and less than 5,000 square feet of gross floor area.

(c)

No more than six such devices shall be permitted for establishments greater than 5,000 square feet of gross floor area.

(2)

These shall be a minimum of 60 square feet of operating area for each such device.

(3)

Access to and the use of such device shall be limited to hours of operation of the principal use.

(4)

Where, in the opinion of the approving agency, the provision of one or more such device will increase the need for vehicular, bicycle or motorcycle parking in addition to that required for the principal use, such parking may be required in conjunction with site plan approval.

(5)

No amusement game or device shall be permitted to operate within any premises which is within 200 feet of the nearest wall of any principal or accessory school building from between one hour before such school is open to one hour after which such school is closed.

Automatic teller machines.

(1)

Outdoor walkup automatic teller machines shall be permitted as accessory uses to all financial uses as defined in this chapter; however, drive-in or drive-through automatic teller machines shall only be permitted as accessory uses to drive-through banks, as defined in this chapter, and subject to the same supplemental requirements as provided for in § 43-36F.

(2)

All other automatic teller machines provided in conjunction with any permitted principal use other than that described in § 43-43B3(1), shall be provided within the interior of such a use. Such a location does not include vestibules or other enclosures that may be accessed separately or at times when the commercial use is closed to the public.

(3)

Adequate provision shall be made for exterior lighting and security and screening of the automatic teller machine if it is located on the exterior of a building.

(4)

No such outdoor automatic teller machine shall be located closer than 30 feet to a residential district boundary or the property line of a residential use.

Awnings or canopies.

(1)

Both permanent or retractable awnings may be permitted in conjunction with a commercial use, provided that the lowest portion of such awning is eight feet above grade and is not placed in such a location as to impede pedestrian traffic.

(2)

Awnings shall not project more than six feet beyond the front property line or from the front facade of a building, but shall be no closer than 18 inches to the curbline.

(3)

Any lettering, logos, symbols or other writings or advertising shall be considered and counted as outdoor signage and shall be subject to the provisions of Chapter 47, Outdoor Signs, of the City Code.

(4)

Consideration shall be given to the shape, texture, color and form of the awning; and to the extent possible such features shall serve to enhance the aesthetics of the storefront and be in keeping with the general character and aesthetics of the commercial area in which the use is located. Garish colors, designs and shapes shall be discouraged.

(5)

No awnings shall be permitted for windows or facades of a building on or above the second floor of a multistory building, except as approved as part of a comprehensive facade treatment.

Bar or lounge areas and brew pubs.

(1)

Bar or lounge areas serving liquor shall only be permitted within and in conjunction with a permitted restaurant, banquet and catering facilities, or private institution or club so licensed.

(2)

There shall be no exterior entrance to such bar or lounge area separate and apart from the principal permitted use, nor shall such bar or lounge area be open to the public when the principal use is closed.

(3)

Such bar or lounge area shall not exceed 30% of the total floor area of the principal use.

(4)

No principal use to which the bar or lounge area serving liquor is accessory shall be located within 100 feet of a place of worship, school, park, hospital or other place of public assembly or residential district.

(5)

For brew pubs and bottling for off-premises sales:

(a)

The bottling area may not occupy an area greater than 10% of the floor area of the customer service area provided in the brew pub.

(b)

An off-street loading space shall be provided in a location that does not impact the front or street facade of the building.

(c)

The operation of the bottling operation shall not cause off-site disturbance due to noise, vibration, odor, hours of operation or electrical interference.

Christmas tree sales.

(1)

Temporary Christmas tree sale operations shall be permitted in an open yard or an unused portion of a parking lot of a permitted principal commercial use from the day after Thanksgiving to December 30.

(2)

All structures used in such an operation shall be portable and removed from the premises following the close of business, but no later than December 30.

(3)

If such sales are conducted within or over existing parking spaces, the applicant shall provide proof that such spaces are not needed for parking and are available for such use without creating undue parking congestion in the surrounding area. In addition, sufficient space shall be provided abutting but not upon the public street or right-of-way such that a minimum of two passenger vehicles are able to park parallel to, but not upon, such a public street.

(4)

One portable sign no larger than 12 square feet in area shall be permitted.

(5)

Temporary outdoor lighting of such sales and parking areas shall be provided if the operation remains open after dark.

(6)

Only Christmas trees and wreaths shall be sold at such locations.

Fences and walls. Fences and walls in nonresidential districts shall be subject to the same supplemental requirements provided in § 43-41D for accessory residential uses and structures.

Greenhouses. Commercial greenhouses may be provided in conjunction with principal uses whose primary business is the sale of agricultural or horticultural produce or products grown on the premises. Such greenhouse structures shall adhere to dimensional requirement for nonresidential accessory uses and structures.

Live entertainment.

(1)

Live entertainment such as singing, dance, theater, concerts and other live performances shall only be permitted in association with and accessory to permitted restaurants or banquet and catering facilities.

(2)

Those establishments offering live entertainment shall be required to obtain and renew a valid show license in accordance with the provisions of Chapter 31, Consumer Protection Code, of the City Code.

(3)

Such live entertainment shall take place entirely within an enclosed building which shall be sufficiently sound insulated and separated from adjacent uses, particularly residential uses, so as to avoid any noise nuisances.

(4)

No outdoor music and public address system shall be permitted.

(5)

No live entertainment shall be permitted after 12:00 midnight Sunday through Thursday and later than 1:00 a.m. Saturday morning or Sunday morning.

Loading berths. Loading berths subject to the requirements provided in Article X of this chapter shall be permitted.

Newspaper vending machines.

(1)

Newspaper vending machines on private property may be provided subject to the following conditions:

(a)

No newspaper vending machine shall be located in any manner as to obstruct pedestrian or vehicular traffic nor obstruct the vision of motorists at street intersections or driveway openings.

(b)

No newspaper vending machine shall be bolted, chained or permanently or temporarily attached in any manner to any City-owned property such as lightposts or traffic signs.

(c)

To the extent possible, newspaper vending machines shall be placed in a single row, next to one another, directly in front of the principal structure, and facing the roadway, and set as far back from the roadway as possible.

(d)

Newspaper vending machines shall be kept in good working order. Newspaper vending machines which are not in use or which are inoperable shall be removed.

Outdoor dining.

[Amended 5-23-2023 by Ord. No. 11-2023]

(1)

Permanent outdoor dining installations.

(a)

Outdoor dining areas shall only be permitted in conjunction with a permitted restaurant.

(b)

The area used for outdoor dining shall be set back at least 10 feet from any road, driveway or parking area and 20 feet from any residential zone boundary or the property line of an adjacent residential use.

(c)

The outdoor dining area may be located in the front yard, but where located in any side or rear yard adjacent to a residential zone boundary or residential use shall maintain an all-season evergreen buffer and fence to a height of no less than six feet.

(d)

No outdoor entertainment, music or public address system, nor any other forms of noise generation, shall be permitted within the outdoor dining area.

(e)

No outdoor dining shall be permitted after 11:00 p.m.

(f)

In computing the number of off-street parking spaces required for restaurants with outdoor dining areas, the outdoor dining area and its seating capacity shall be included, except that where such outdoor seating represents a relocation of indoor seating such that there will be no increase in the overall seating capacity of the restaurant, such areas shall not be included.

(g)

No exterior lighting which illuminates beyond the boundaries of the property in excess of 1/2 footcandle shall be permitted.

(h)

Outdoor dining installations shall be subject to site plan review by the Yonkers Planning Board as required by § 43-42E.

(2)

Seasonal outdoor dining.

(a)

Seasonal outdoor dining shall be permitted from April 1 to November 1.

(b)

Seasonal outdoor dining areas shall only be permitted in conjunction with a permitted restaurant on the same lot or parcel as the restaurant.

(c)

No permanent installation of fixtures, tables, barriers or the like shall be permitted. All such appurtenances shall be removed no later than November 15 of each year.

(d)

The seasonal outdoor dining area may use no more than 20% of any existing parking spaces on the same lot or parcel as the permitted restaurant.

[1]

Barricades, fences, landscaping or any other means to separate the dining area from the remaining parking shall be located within the 20% reduction parking space area.

[2]

Dining area shall not impede safe use of the remaining parking area.

[3]

Dining area shall not be located within 20 feet of the entry driveway to the parking area to allow safe access and egress to the parking area.

(e)

The area used for outdoor dining shall be set back 10 feet from any residential zone boundary or the property line of an adjacent residential use.

(f)

The outdoor dining area may be located in the front yard but shall maintain either a five-foot distance between the sidewalk and any table or a barrier between the seating and the public sidewalk so as to not impede pedestrian travel on the sidewalk. The outdoor dining area shall not block any points of ingress or egress to the building.

(g)

No outdoor entertainment, music or public address system, nor any other forms of noise generation, shall be permitted within the outdoor dining area.

(h)

No outdoor dining shall be permitted after 11:00 p.m.

(i)

No exterior lighting which illuminates beyond the boundaries of the property in excess of 0.5 footcandle shall be permitted.

(j)

Outdoor dining installations shall be subject to site plan review by the Yonkers Planning Board as required by § 43-42E.

Outdoor storage.

(1)

No flammable or explosive liquids, solids or gases shall be stored aboveground. Tanks or drums of fuel directly connected to heating devices or appliances located on the same premises as the tanks or drums of fuel may be permitted, provided that they meet the requirements of the NFPA and the Fire Commissioner of the City of Yonkers. No more fuel than is necessarily required for the principal use shall be stored on the premises.

(2)

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required setbacks for the district in which they are located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of the automobile sales or automobile rental establishments.

(3)

No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces, such as wind or rain.

(4)

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by, or otherwise attractive to, rodents or insects shall be stored outdoors only in enclosed containers.

(5)

No material or equipment stored outdoors shall exceed a height of 10 feet above grade within 50 feet of a property line. In no case shall material or equipment stored exceed the height of the principal building on the property.

Pay phones.

(1)

Pay phones on private property shall be permitted, subject to the following conditions:

(a)

They shall not be located in a manner as to obstruct pedestrian or vehicular traffic or obstruct the vision of motorists at street intersections or driveway openings.

(b)

To the extent possible, pay phones shall not be located directly in front of entrances or exits to public assembly type uses, such as movie theaters, community centers or social clubs, and shall be set back as far as possible from the roadway line.

(c)

Pay phones shall be kept in good working order. Pay phones no longer in use shall be completely removed, including any appurtenant structures to which they are attached.

Railroad sidings.

(1)

Railroad sidings shall be permitted in conjunction with any use to which railroad freight usage is accessory to the principal use.

(2)

Such sidings shall be subject to site plan review and approval by the Planning Board.

Refuse collection, storage and recycling.

(1)

An enclosed area shall be provided for the temporary outdoor storage of trash or recycling materials and other refuse. Trash receptacles shall be covered. The enclosed area shall be on a durable, paved surface and located, designed and screened by landscaping or an attractive, solid architectural fence, so that the trash and refuse will not be seen by the general public or from adjoining properties.

(2)

For each application for commercial or industrial development utilizing 1,000 or more square feet of land, the applicant shall provide the approving agency with estimates of the amount of recyclable materials to be generated each week. A storage area of sufficient size to accommodate up to one week of accumulation of designated recyclable materials shall be provided.

(3)

For commercial or industrial uses which have more than one principal use on the lot, more than one building on a lot or more than one tenant within a building or lot, the approving agency may require the applicant to designate a centralized storage area for recyclable materials.

(4)

Any commercial or industrial use generating wastes that are attractive to rodents or insects, or which may be borne by wind or rain, shall provide completely sealable containers for waste storage and collection.

Retail uses in conjunction with offices.

[Amended 10-11-2011 by G.O. No. 3-2011]

(1)

In permitted office buildings, or office/warehouse establishments, the following accessory retail uses shall be permitted subject to the limitations set forth herein: banks, barber or beauty shops, bookstores, cafeterias, candy shops, convenience stores, day-care centers, florists, gift stores, gym or health clubs, pharmacies, stationery stores and newspaper and magazine stores and such other uses which may be similar to the above listed uses, at the discretion of the approving agency.

(2)

Such a retail use shall be located on a ground floor and have no direct access to the exterior and no form of advertising or signage visible from the exterior.

(3)

The use of such retail facilities shall be primarily for the employees of the office building and their guests, not for the public at large.

(4)

Such retail facilities shall be conducted on days and during the hours at which the office building is open to the general public.

Signs.

(1)

Signs shall be permitted in all nonresidential districts subject to the regulations contained in Chapter 47, Outdoor Signs, of the City Code, except as provided below, and except in Planned executive parks where the standards of § 43-74D shall apply.

(2)

Notwithstanding the provisions of Chapter 47, Outdoor Signs, of the City Code, business signs in the OL, CM and IP Districts shall be subject to the following provisions:

(a)

Business signs for identification of a business or industrial building or use shall be limited to one wall or eave sign and one detached or ground sign on each public street frontage of the building.

[1]

A wall identification sign shall be attached to or incorporated in the building wall. Such sign shall have:

[a]

A maximum area of two square feet for each horizontal foot of building wall on which it is mounted.

[b]

A maximum width of 75% of the building wall's horizontal measurement, except that, where such horizontal measurement is 20 feet or less, the maximum width may be 90% of such measurement.

[c]

A maximum height of 15 feet.

[d]

A maximum projection of 12 inches from the face of the building wall to which the sign is attached to any part of such sign.

[2]

An eave identification sign shall be attached to the eave of a pitched roof. Such sign shall have:

[a]

A maximum area of two square feet for each horizontal foot of building wall above which it is mounted.

[b]

A maximum width of 75% of the building wall's horizontal measurement, except that, where such horizontal measurement is 20 feet or less, the maximum width may be 90% of such measurement.

[c]

A maximum height of 15 feet but in no case exceeding a height determined by averaging the heights of the eave end and ridge of the roof slope on which such sign is mounted.

[3]

A detached or ground identification sign shall not exceed 32 square feet in area, except that, when the building area is 20% or less of the lot area and the buildings or structures are set back 75 feet or more, the sign area may be increased to the equivalent of one square foot of sign area for every two feet of lot frontage. Such sign shall have:

[a]

A maximum unbroken length of 25 feet.

[b]

A maximum height, measured from the ground level, of 15 feet.

[c]

At least three feet of clear space between the signboard and the ground, provided that necessary supports may extend through such clear space.

[d]

A setback of at least 20 feet from any property line, except that if the average front setback of existing building within the same block is less than 10 feet, then the average setback so established shall be applied to such sign.

(b)

Identification signs may be double-faced.

(c)

Identification signs may be interior-lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that red and green lights shall be set back at least 75 feet from the point of intersection of the street lines at a street corner, and further provided that intermittent or flashing lights shall not be used on or in any sign. Moving or animated signs shall not be permitted.

(d)

All signs, except as hereinafter specifically excluded, shall be the subject of a sign permit issued prior to erection. All signs required to have permits shall at all times prominently and permanently display the permit number on the face of the sign. Failure to display the permit number shall constitute cause for revocation of the sign permit by the Commissioner of the Department of Housing and Buildings in addition to any other penalties or remedies prescribed in this chapter.

(e)

Temporary signs, or signs directing automobile drivers to off-street parking lots, having an area of four square feet or less shall not be required to have a sign permit.

(f)

Temporary or permanent signs resting on or attached to vehicles shall not be used in such a way as to circumvent the provisions of this chapter.

(3)

Notwithstanding the provisions of Chapter 47, Outdoor Signs, for businesses in the DW, CB and GC Districts, signs for the identification of a business or commercial building or use shall be limited in the following manner:

(a)

Permitted signs. The type, number, size and location of permitted signs shall be determined by the class and type of land use with which they are associated. Signs in the DW, CB and GC Districts shall be classed as being associated with a business use, an office or mixed use, or other uses.

(b)

Signage review.

[1]

Signage proposed for a building, structure or use shall be reviewed by:

[a]

The Planning Board, when part of a site plan approval, with the advisory assistance of the Design Review Board or Landmarks Preservation Board as appropriate.

[b]

The Design Review Board, when the signage is to be erected on a building, lot or structure that does not require site plan approval.

[c]

The Landmarks Preservation Board, when the signage is to be erected on a site that does not require site plan approval and when the site has been landmarked under the Yonkers Historic and Landmarks Preservation Ordinance.[1]

[1]

Editor's Note: See Ch. 45, Historic and Landmarks Preservation.

[2]

Nothing in this subsection shall prohibit the referral of signage plans by one of the above-mentioned review bodies to any other body for its advisory assistance.

(c)

Business uses.

[1]

First-story uses shall be permitted signs immediately above the first story storefront in compliance with the provisions of Chapter 47, Outdoor Signs. Signs shall not be permitted to obscure architectural details nor extend above the sills of the second story windows.

[2]

Second story uses shall be permitted signs in the form of opaque letters applied to the interior glass of second-story windows. Lettering shall be no larger than six inches tall and may cover no more than 50% of the window area. Exterior signage of any type is expressly prohibited for uses above the first floor with the sole exception of the firm or firm's name listed on the building directory.

[3]

Business uses above the second floor are prohibited from the placement of any signage in the window or on the exterior of the building with the sole exception of the firm of firm's name listed on the building directory.

(d)

Office and mixed-use buildings.

[1]

Office and other uses occupying ground-floor or first-level space shall be permitted signage in compliance with § 43-43Q(3)(c) above.

[2]

Building directory. In addition to signage as permitted elsewhere in this section, office or mixed-use buildings may be permitted to maintain one building directory no larger than 36 inches square, or a maximum of nine square feet, mounted at the first-floor street entrance to the building. The directory shall be flush-mounted to the wall and may contain lettering and graphic elements not to exceed two inches in height for each individual element.

(e)

Building name signs. In addition to the signs permitted elsewhere in this section, building name signs may be permitted as a part of the site plan review by the Planning Board. Building name signs shall be permitted in order to identify a building with an owner or major tenant and shall only be permitted upon a showing of significant need for the sign and that the sign is not in addition to other permitted business signs for the same tenant or owner. Such signs must be placed below the cornice line of the structure and shall be integrated with the architectural style and age of the structure.

(4)

Time and temperature signs in the B, BR, C and CM Districts. Time and temperature signs are permitted subject to the following supplemental requirements:

[Added 12-12-2017 by G.O. No. 17-2017]

(a)

Each sign shall be no greater than 15 square feet in size.

(b)

No more than one sign may be erected per tract.

(c)

No light bulbs used to indicate time or temperature shall have a rating greater than 40 watts incandescent or 600 lumens, whichever is less, and no reflectors shall be used in connection with such bulbs.

(d)

No illumination shall be allowed between the hours of 10:00 p.m. and 7:00 a.m.

(e)

No advertising, words, pictures, logos, or the like shall be permitted on the time and temperature sign.

(f)

If the time and temperature sign is digital:

[1]

The sign shall not change more often than once each two seconds between showing the time and the temperature.

[2]

If the sign is showing a digital representation of an analog clock, the sweep second hand may be allowed to move each second.

[3]

The sign shall change from time to temperature without any other apparent motion such as fades, irising or the like.

(g)

Time and temperature signs shall count towards any maximum amount of permitted signs at the site at which it is located.

Soda and candy vending machines.

(1)

No soda or candy vending machine shall be located outdoors in the public right-of-way or on public properties.

(2)

No soda or candy vending machine shall be located more than two feet from the front or to the side of a building on a lot.

(3)

Such vending machines shall be kept in good working order and, when no longer in use or inoperable, shall be removed from the premises.

Temporary flea markets and carnivals.

(1)

Carnivals, food fairs, fiestas and street and block parties, either as profit or nonprofit or for cultural purposes, for periods of more than three days in any six-month period, shall be permitted, provided that they meet all City building and fire codes and the requirements herein.

(2)

No temporary flea market or carnival shall be held:

(a)

Within 100 feet of a residential district boundary line.

(b)

Between the hours of 11:00 p.m. and 10:00 a.m.

(3)

All lights shall be shielded and directed away from adjacent residential development.

(4)

All outdoor sound devices shall be reduced in volume at the 10:00 p.m. hour of operations and shall close at 11:00 p.m.

Classrooms for existing place of worship. Classrooms for a place of worship existing as of the date of adoption of this subsection this shall be permitted in the CB District only on a designated development site, and provided that the lot on which the existing place of worship is located is contiguous to the designated development site.

[Added 5-19-2009 by G.O. No. 3-2009]

§ 43-44 Supplemental requirements for accessory parking uses.

Private garages and private open-air parking areas.

(1)

When a private garage is constructed within the main walls of the principal building to which it is accessory, or on the same lot and wholly below the level of the first floor of such principal building, the floor areas of such private garage shall be excluded in the computations of the gross floor area of such principal building, its floor area ratio and its lot coverage but shall adhere to the setback and height restrictions for principal buildings on the lot.

(2)

When a private garage is constructed outside the main walls of the principal building to which it is accessory and in whole or in part above the level of the first floor of such principal building, the floor area of such private garage shall be included in the computation of the gross floor area of such principal building, its floor area ratio and its lot coverage and shall adhere to the setback and height requirements as provided for herein.

(3)

Not more than 50% of the area of a minimum required rear yard may be occupied by a private garage or private open-air parking area for motor vehicles; provided, however, that, when such private garage is constructed wholly below the level of the first or ground floor of the principal building to which it is accessory, there shall be no percentage limitation on the area of minimum required rear yard coverage by such garage.

(4)

In residential districts, only one commercial vehicle may be parked on any lot, provided that such a vehicle does not exceed a three-quarter-ton capacity and provided that such a vehicle is contained within a fully enclosed building. No other commercial vehicle shall be permitted to park overnight on any residential lot.

(5)

No wall or partition wall of any private garage or open-air parking space may project into or be erected upon the area of the minimum required front yard or minimum required side yard or minimum required court of a building. However, in the event that the existing grade measured perpendicular to the street line from the midpoint of the front lot line to a point 20 feet therefrom exceeds 25° above or below the horizontal, the Commissioner of the Department of Housing and Buildings shall have the power to issue a permit for a private garage or open-air parking area that encroaches upon such minimum required yard areas in any single and two-family residence district.

(6)

Private garages or private open-air parking of motor vehicles shall be prohibited on vacant lots or lots where the principal building has not been completed.

(7)

All private garages and open-air parking areas shall be constructed in accordance with the requirements of Article X, Off-Street Parking and Loading.

(8)

Private garages and open-air parking areas accessory to single-family and two-family detached dwellings shall also adhere to the following requirements:

(a)

Only private garages and/or private open-air parking space may be used to satisfy the parking requirements for all single- and two-family residential uses in the City of Yonkers.

(b)

Private garages or open-air parking spaces shall be provided on the same parcel as the single- and two-family residential use.

(c)

No more than five parking spaces shall be provided on a single lot in the S-200 and S-100 Districts. No more than four parking spaces shall be provided on a single lot in the S-75 District and in the T District. No more than three parking spaces shall be provided on a single lot in the S-60 and S-50 Districts.

(d)

No private parking garage shall exceed a height of one story or 15 feet, whichever is the lesser, except that solar collectors not exceeding 18 inches may be placed on the roof of an existing accessory residential use or structure.

[Amended 2-9-2021 by G.O. No. 3-2021]

(e)

No wall or partition wall of any detached private garage may be erected within two feet of the rear lot line or of a side lot line.

(9)

Private garages and open-air parking areas accessory to multifamily residential uses shall also adhere to the following requirements:

(a)

Except where shared parking has been specifically authorized by the approving authority as per § 43-132C, private garages and private open-air parking areas serving multifamily uses shall be provided on the same lot as the principal use or building or on a separate lot under the same ownership as the principal building, provided that such parking spaces are no more than 200 feet from the principal use or building which such parking serves, by the shortest publicly available route for pedestrian travel.

[1]

In the GC, CB and DW Districts, except where shared parking has been specifically authorized by the approving authority as per § 43-132C, private garages and private open-air parking areas serving multifamily uses shall be provided on the same lot as the principal use or building or on a separate lot, provided that such parking garages and open-air parking areas on a separate lot are no more than 300 feet, measured by the shortest available route for pedestrian travel, from the property line nearest the entrance of the principal use or building which such parking serves to the pedestrian entrance of such garage or open-air parking area closest to such property line, and further provided that as a condition of its approval, the agency approving a site plan shall require a legal instrument satisfactory to the Corporation Counsel of the City of Yonkers assuring the continued existence and use of such private parking for the duration of the principal use or building which such parking serves.

[Added 5-19-2009 by G.O. No. 3-2009]

(b)

All private open-air parking areas accessory to multifamily buildings shall be set back a minimum of five feet from any property line and 10 feet from any residential building on the same lot, except that, where such parking area is at average level at least 10 feet below the level of the lowest floor used for any residential use in such residential building on the same lot, the boundaries of such parking area may be at a minimum distance of five feet from such residential building.

(c)

All private parking garages accessory to multifamily buildings which are not constructed wholly within or below the principal building shall be set back from a property line at a minimum of one foot for every one foot in height above average finished grade measured at the midpoint of the parking structure facing that property line. However, in no event shall such a setback be less than 15 feet. No such private parking garage shall exceed a height of five levels, including the roof level, or 50% of the permitted height of the principal building within the district, whichever is the lesser.

(d)

Except on a designated development site, no private parking garage accessory to and below a multifamily building to which it is accessory shall contain more than five parking levels above lowest grade.

[Amended 5-19-2009 by G.O. No. 3-2009]

(e)

When a private garage accessory to a multifamily building is located within a residential zone or adjacent to a residential zone boundary or residential use, an all-season evergreen buffer of a minimum width of 10 feet, and a height of at least six feet when planted and at least 15 feet when fully-grown, shall be provided adjacent to the property line for whatever length the semipublic garage is exposed to such residential district boundary or use.

Semipublic parking structures and semipublic open-air parking areas.

(1)

Semipublic parking structures and semipublic open-air parking areas shall be provided in conjunction with those uses which are required to provide parking spaces for multiple tenants of a nonresidential or mixed-use building and their guests, and for customers, employees, visitors and other members of the public for nonresidential uses.

(2)

Except where shared parking has been specifically authorized by the approving authority as per § 43-132C, in all districts semipublic parking structures and semipublic open-air parking shall be provided on the same lot as the principal use or building or on a separate lot under the same ownership as the principal building, provided that such parking spaces are no more than 300 feet from the principal use or building which such parking serves, by the shortest publicly available route for pedestrian travel.

(a)

In the GC, CB and DW Districts, except where shared parking has been specifically authorized by the approving authority as per § 43-132C, semipublic parking structures and semipublic open-air parking areas shall be provided on the same lot as the principal use or building or on a separate lot, provided that such parking structures and open-air parking areas on a separate lot are no more than 300 feet, measured by the shortest publicly available route for pedestrian travel, from the property line nearest the entrance of the principal use or building which such parking serves to the pedestrian entrance of such parking structure or open air parking area closest to such property line, and further provided that as a condition of its approval, the agency approving a site plan shall require a legal instrument satisfactory to the Corporation Counsel of the City of Yonkers assuring the continued existence and use of such semipublic parking for the duration of the principal use or building which such parking serves.

[Added 5-19-2009 by G.O. No. 3-2009]

(3)

Where a semipublic parking structure is constructed within the main walls of the principal building to which it is accessory, or on the same lot or wholly below the level of the first nonparking floor of such principal building, the floor area of such semipublic garage shall be excluded from the computation of gross floor area of such principal building, its floor area ratio and its lot coverage but shall adhere to the setback and height restriction for principal buildings on the lot.

(4)

When such a semipublic parking structure is constructed outside the main walls of the principal building to which it is accessory or in whole or in part above the level of the first nonparking floor of such principal building, the floor area of such semipublic parking structure shall be included in the computation of the gross floor area of such principal building, its floor area ratio and its lot coverage but shall meet the setback and height requirements as provided for herein.

(5)

All semipublic open-air parking areas shall be set back a minimum of five feet from any property line and 10 feet from any building on the same lot, except that, where such parking area is at average level at least 10 feet below the level of the lowest nonparking floor, the boundaries of such parking area may be at a minimum distance of five feet from such building.

(6)

All semipublic parking structures which are not constructed wholly within or below the principal building shall be set back from a property line at a minimum of one foot for every one foot in height above average finished grade measured at the midpoint of the parking structure facing that property line. However, in no event shall such a setback be less than 15 feet. No such semipublic parking structure shall exceed a height of five levels, including the roof level, or 50% of the permitted height of the principal building within the district, whichever is the lesser.

(7)

Except on a designated development site, no semipublic parking structure provided below the principal building to which it is accessory shall contain more than five parking levels above the lowest grade.

[Amended 5-19-2009 by G.O. No. 3-2009]

(8)

All such semipublic parking structures and open-air parking areas shall be constructed in accordance with the requirements of Article X, Off-Street Parking and Loading.

(9)

When a semipublic parking structure is located within a residential zone or adjacent to a residential zone boundary or residential use, an all-season evergreen buffer of a minimum width of 10 feet, and a height of at least six feet when planted and at least 15 feet when fully grown, shall be provided adjacent to the property line for whatever length the semipublic garage is exposed to such residential district boundary or use.

Public parking garages and public parking lots. Off-street parking accessory to a principal use of building on a designated development site may be provided in one or more public parking garages or public parking lots, provided that such parking garages and parking lots are no more than 500 feet, measured by the shortest available publicly available route for pedestrian travel, from the property line nearest the entrance of the principal use or building which such parking serves to the pedestrian entrance of such parking garage or parking lot closest to such property line.

[Added 5-19-2009 by G.O. No. 3-2009]

§ 43-45 Planned Multi-Use (PMD) District.

[Added 12-9-2005 by G.O. 13-2005; amended 5-2-2006 by G.O. No. 5-2006; 2-9-2021 by G.O. No. 3-2021; 10-22-2024 by Ord. No. 13-2024]

Zoning objectives. The purpose of the PMD District is to provide for, and to foster, the comprehensive planning of large scale, integrated mixed-use commercial and high-density residential developments on tracts of 80 or more acres pursuant to an approved site plan.

Zoning Map amendments. The City Council may, pursuant to the provisions of Article XIII of the Zoning Ordinance (as supplemented by Subsection C of this § 43-45), amend the Zoning Map of the City of Yonkers to designate tracts to be included in the PMD District, provided that such designation shall be limited to tracts of at least 80 acres. Upon such designation and adoption, such tract shall become a "PMD tract" for all purposes of the Zoning Ordinance.

Petition for amendment.

(1)

Any person making a petition to the City Council to amend the Zoning Map of the City of Yonkers to include additional lands in the PMD District shall, in addition to submitting such other documentation and information as may be required pursuant to Article XIII of the Zoning Ordinance, submit a site plan covering the entire tract sought to be included, drawn at an appropriate scale, together with a copy thereof on a single sheet measuring 11 inches by 17 inches, which complies with site plan requirements, and which includes, in addition to such requirements, the location and ownership (whether public or private) of all roads and drives proposed on the site.

(2)

The site plan shall include a legend or a schedule setting forth:

(a)

The aggregate maximum gross floor area and the finished floor elevation of the first floor of all buildings proposed for development in the PMD tract; and

(b)

The proposed number and dimensions of required parking spaces for the PMD tract, in accordance with the provisions of Subsection G of this § 43-45.

(3)

If and in the event that a PMD tract is so located as to be subject to the provisions of the Yonkers Affordable Housing Ordinance, Article XV of the Zoning Ordinance, and if the site plan for such PMD tract proposes multifamily development as that term is defined in § 43-193, then the site plan shall designate the total number of dwelling units proposed for development in the PMD tract.

Dimensional standards and requirements.

(1)

The dimensional standards and requirements set forth in this Subsection D shall apply in the PMD District. Such standards and requirements shall apply to, run with, and bind each PMD tract as a whole, notwithstanding that such PMD tract may be comprised of more than one lot or parcel of land as those terms are defined in § 43-8 of the Zoning Ordinance, and that a PMD tract may, from time to time, in the course of development or following development, be subdivided, resubdivided, traversed by public or private roads or streets, conveyed in separate ownership, leased, converted to condominium ownership, or otherwise divided.

(2)

For the purpose of determining floor area ratios as well as for all other computations requiring a determination of the area of the PMD tract, such area shall be fixed and determined as of the date of adoption by the City Council of a Zoning Map Amendment pursuant to Subsection B of this § 43-45, designating a PMD tract included in the PMD District, and shall include the entire area of the PMD tract. The area of a PMD tract shall include all land areas and all areas of streams or water bodies lying within the boundaries of the PMD tract, including areas proposed to be offered to the City of Yonkers for dedication, but shall exclude any existing public streets abutting or crossing the PMD tract. The area of a PMD tract shall not be deemed to have been reduced or diminished:

(a)

By the subsequent inclusion or creation therein of public rights-of-way, parkland, or other public lands;

(b)

Upon the taking of any portion thereof by eminent domain or otherwise; or

(c)

By operation of any ordinance, rule, or regulation (whether now in effect or hereafter adopted) of the City of Yonkers providing for subtraction of wetlands, slopes, or other environmentally sensitive lands in the determination of land area.

(3)

Table 43-3, Schedule of Dimensional Regulations, and Subsection D of § 43-41, Subsection F of § 43-43, Subsection B of § 43-74, and Subsection B of § 43-151, of the Zoning Ordinance shall not apply in the PMD District.

(4)

All determinations relating to setbacks, building coverage, floor area ratios, and parking and loading requirements in the PMD District shall be made with reference to the boundaries of the PMD tract, and treating the PMD tract as a single lot, notwithstanding that the PMD tract may constitute more than one lot or parcel, or that the PMD tract may be, or may have been, divided in accordance with the provisions of Subsection I of this § 43-45; or that one or more public streets may be established in, or traverse, the PMD tract.

(5)

Dimensional requirements in the PMD District shall be as shown on the site plan with respect to a PMD tract, subject, however, to the following limitations on bulk and height:

(a)

The maximum floor area ratio shall be 1.6. The term "gross floor area" as applied in the PMD District, shall not include the floor area of:

[1]

Any floor or portion thereof used for parking; or

[2]

Any area used exclusively for the storage of goods or equipment incidental to a retail use; or

[3]

Any external terrace or walkway at least one side of which is open and not enclosed by a full-height wall, irrespective of whether such terrace or walkway is at or above ground level, and whether or not the same is roofed or otherwise covered.

(b)

The maximum permitted height for all nonresidential uses (excluding hotels) shall be no more than seven stories or 90 feet, whichever is the greater, measured from the finished floor elevation of the first floor of each building as shown on the site plan.

(c)

The maximum permitted height for all residential uses and hotels shall be no more than 16 stories or 180 feet, whichever is the greater, measured from the finished floor elevation of the first floor of each building as shown on the site plan.

(d)

In the case of any mixed-use building (that is, a building proposed for both residential and nonresidential uses) such building shall, for the purpose of determining the applicable maximum permitted height, be considered a residential building if at least 20% of the gross floor area of the building including and above the first floor thereof (and excluding parking) is dedicated to residential uses, and otherwise shall be considered a nonresidential building.

(e)

In determining building height in the PMD District, the exclusions provided in Subsection O of § 43-33 shall apply. In addition, roof-mounted mechanical equipment, including solar collectors, and the structures supporting such equipment, and decorative architectural features (such as clock towers) which may be constructed over, or project from, a building but which do not increase its interior volume, shall be excluded from the determination of building height. Any floor used solely for parking or to house mechanical equipment, or a combination of parking and mechanical equipment, shall not be considered a story.

(f)

The maximum building coverage shall be 50%.

Uses subject to site plan approval. All uses permitted in the PMD District shall be subject to site plan review and approval pursuant to the provisions of Article IX of the Zoning Ordinance.

(1)

The initial or subsequent site plan submitted for the development or modification of a PMD tract may include all or a portion of the PMD tract. Any site plan amendment required pursuant to § 43-111 of the Zoning Ordinance shall be limited to include only so much of the PMD tract as shall be affected by such amendment.

(2)

As respects the application of § 43-110 (Occupancy prior to completion) of the Zoning Ordinance, recognizing the scope of development contemplated in the PMD District and the necessity to phase such development over a period of time, if the Commissioner of the Department of Housing and Buildings determines that any building or group of buildings, or any use, in the PMD tract is substantially complete, that it meets the requirements of all applicable building, fire, and life safety codes and ordinances, and that safe and adequate access has been provided to such building, group of buildings or use, the Commissioner of Housing and Buildings may issue a permanent certificate of use and occupancy with respect to any such building, group of buildings, or use notwithstanding that remaining elements of the approved site plan have not been commenced or completed.

(3)

The provisions of § 43-112 of the Zoning Ordinance shall not apply in the PMD District. An approved site plan for a PMD tract shall expire if construction of site improvements or buildings does not commence within 48 months after final approval of such site plan, and if construction of the foundation of at least one building shown on the site plan is not completed within said period of time. Prior to the expiration of the site plan approval, an extension of the site plan may be provided by the Planning Board. The Planning Board may grant up to three extensions with each extension for a period of up to one year, provided that the circumstances or conditions upon which such original approval was based has not substantially changed. Any site plan application for which all applicable and available extensions have already been granted shall be considered a new application.

Uses subject to supplemental requirements.

(1)

To the extent that any use permitted in the PMD District is designated in Table 43-1 as being permitted with supplemental requirements (Ps), the supplementary use and dimensional regulations set forth in Article VI shall, in the PMD District, serve as guidelines only, and shall not be mandatory.

(2)

The provisions of Subsection C of § 43-34, Subsection K of § 43-36, Subsection A of § 43-43, Subsection C(2) through (4) of § 43-43, § 43-44, Subsection I(1) and (2) of § 43-74, and Subsection D(4) of § 44-43, shall not apply in the PMD District.

Off-street parking and loading.

(1)

The provisions of Article X (Off-Street Parking and Loading) of the Zoning Ordinance shall, with the exception of the first sentence of §§ 43-127, 43-134A(1), and 43-128 through 43-130, and as modified in this Subsection G, apply in the PMD District; provided, however, that the PMD tract shall, for purposes of Article X, constitute a single lot, and provided further that consistent with the objectives of the PMD District to provide for integrated mixed-use commercial and residential development, and recognizing that the cycles of peak use of required parking facilities vary with respect to different uses, the total number of required parking spaces within a PMD tract shall be as shown on the site plan for such PMD tract.

(2)

Whenever, pursuant to this § 43-45, the Planning Board approves a site plan for a PMD tract, the Planning Board shall, based upon a showing of the variety of uses proposed for a PMD tract and the varied cycles of peak intensity of such uses, determine the total number of parking spaces required to safely and adequately serve the PMD tract, which total number may be less than that which would be required if the parking requirements for all uses in the PMD tract were determined separately.

(3)

All parking spaces and loading spaces provided in a PMD tract shall be deemed "off-street parking spaces and off-street loading spaces" for purposes of all requirements of the Zoning Ordinance, notwithstanding that such parking spaces and loading spaces may be provided on public or private streets or roads within the PMD tract, subject only to the requirement that such parking spaces and loading spaces lie entirely within the PMD tract, and that such spaces are not so located as to obstruct the safe flow of traffic.

(4)

Any provision of § 43-134 notwithstanding, in a PMD tract where parking is parallel to a curb or along the wall of a building, spaces shall be eight feet wide by 20 feet long for all spaces.

Signs.

(1)

In keeping with the mixed-use nature of the PMD tract, and for the purpose of fostering the orderly commercial development thereof and the flow of traffic and pedestrians therein, certain restrictions and limitations on the erection and display of signs set forth in Chapter 47 shall not apply to internal signs or to external wall signs. "Internal signs" shall mean those signs which identify businesses, advertise goods and services, or provide directional information within the PMD tract, and which are not visible (or are only occasionally or incidentally visible) from outside the PMD tract, as set forth below. "External wall signs" shall mean those signs which identify businesses within the PMD tract, and which are set back a minimum of 200 feet from the closest residence that is not in the PMD tract.

(2)

The provisions of §§ 47-7, 47-8C, 47-8E, and 47-13A, B(1), and (2) of the Code of the City of Yonkers shall not apply to internal signs in the PMD tract. Further, any provision of § 47-7C(6) to the contrary notwithstanding, the maximum height of an external wall sign shall be 10 feet.

(3)

As respects § 47-13B(3) of the Code of the City of Yonkers, the 1,000-foot limiting distance from a public park shall not apply to internal signs as measured from a public park that is not in the PMD tract. Further, any provision of § 47-13 to the contrary notwithstanding one roof sign and one wall sign (neither of which need be an internal sign) identifying by name the project developed in the PMD tract, may be erected in the PMD tract. Such single roof or wall sign shall not be subject to the dimensional limitations set forth in § 47-7D(6).

(4)

As used in § 43-8 of the Zoning Ordinance, the term "premises" shall be deemed to include the entire PMD tract.

(5)

Notwithstanding any contrary provision of § 47-7J of the Code of the City of Yonkers, the term "billboard" shall not include the display of outdoor advertising by means of pasting or painting posters, pictures, or reading material, or any combination thereof, on or within a bus shelter, kiosk, news rack, or similar advertising panel structure erected, installed, or maintained in a PMD tract.

(6)

As used in §§ 47-7A(8) and 47-7B(2) of the Code of the City of Yonkers, the term "corporation or enterprise" shall refer to each separate store, service establishment, or other business, located in the PMD tract. Further, the PMD tract itself shall, for the purposes of these subsections, be considered a "corporation or enterprise" and each entrance thereto shall be considered a "location."

(7)

Directional signs and street name signs erected within the PMD tract for the purpose of directing pedestrians and/or motorists to specific streets, locations, or businesses in the PMD tract may be placed as required subject to site plan review and/or the determination of the City of Yonkers Traffic Engineer and shall not be limited in number pursuant to §§ 47-7A(8) and 47-7B(2) notwithstanding that such signs may constitute "ground signs" or "pole signs" as limited in those subsections.

(8)

With respect to each entrance from a public street to and within the PMD tract, in addition to such signs as may otherwise be allowed pursuant to Chapter 47 of the Code of the City of Yonkers, four signs each not exceeding 100 square feet in total area per sign face and not more than 35 feet in height, which set forth the name of the project or development constituting the PMD tract, as well as one sign at each such entrance containing a directory of the various businesses and uses within the PMD tract, each not exceeding 100 square feet in total area and not more than 20 feet in height, may be erected, either within the PMD tract, or outside the PMD tract (and outside the PMD District) adjacent to a public street providing access to the PMD tract.

Subdivision of PMD tract. A PMD tract may, for purposes of dedication, the creation of public roads and rights-of-way, sale, lease, mortgage, or other disposition or financing, be subdivided or re-subdivided, converted to condominium or cooperative ownership, or otherwise divided into lots, parcels, tracts and may be sold, leased, mortgaged, or otherwise alienated or encumbered, without regard to any minimum lot area or to any other dimensional or bulk requirement or development control set forth in this § 43-45 or elsewhere in the Zoning Ordinance, and any such action shall not be deemed to constitute or to create a "Subdivision" as that term is defined is § 46-1 of the City of Yonkers Code provided, however, that all lots, parcels or tracts so created shall be developed and used only in accordance with the site plan for such PMD tract or, if final site plan approval has been granted with respect to a PMD tract, in accordance with such approved site plan. Upon application to the Tax Assessor of the City of Yonkers by the owner, lessee, or mortgagee of a lot, parcel or tract (including, without limitation, a condominium unit) created pursuant to this Subsection I, the Tax Assessor shall assign tax lot designations to any and all lots, parcels or tracts created pursuant hereto, notwithstanding that such lots, parcels or tracts may not otherwise meet dimensional or bulk requirements or development controls provided in any law, ordinance, rule or regulation of the City of Yonkers.

Affordable housing. If and to the extent that a PMD tract is so located as to be subject to the Yonkers Affordable Housing Ordinance, Article XV of the Zoning Ordinance, and includes multifamily development, as that term is defined in § 43-193, then such multifamily development shall comply with the provisions of Article XV for so long as such Article XV shall remain in effect pursuant to the provisions of § 43-192 subject, however, to the following:

(1)

As respects the application of § 43-195, if the site plan for the PMD tract proposes development, in the aggregate, of more than 500 multifamily units, then any provision of § 43-195 to the contrary notwithstanding, the provisions of Subsection B of § 43-195 shall apply to the PMD tract, and the required set-aside of assisted units shall be reduced to 10% of the maximum aggregate number of multifamily units authorized for construction in such PMD tract.

§ 43-46 Designated development sites.

[Added 5-19-2009 by G.O. No. 3-2009; 2-28-2023 by Ord. No. 4-2023]

Following preliminary site plan approval by the Planning Board in accordance with Article IX of this chapter, the City Council may, upon petition by one or more applicants, designate a tract in the D-MX District comprised of one or more lots having 1.75 or more acres of area in the aggregate and located in the maximum height district shown on Map B: Height District Map, as a single designated development site for the purpose of effecting the comprehensive redevelopment of an area of the City. The following supplemental regulations shall apply to a designated development site:

The lot and dimensional regulations of this chapter, including but not limited to the regulations in § 43-33, § 43-221, and Table 43-8 of this chapter, shall apply to the entire tract designated as a designated development site and not to any of the individual lots which comprise the designated development site or any of the individual lots into which the designated development site is subdivided, and regardless of the ownership of the lots, provided that the lots shall be used only in accordance with the approved site plan for the lots comprising a designated development site.

Notwithstanding any other provision of this chapter, the lots which comprise a designated development site may be separated by public or private streets or rights-of-way.

§ 43-47 South Broadway District.

[Added 11-22-2011 by G.O. No. 4-2011]

Purpose. The purpose of the South Broadway Zoning District (SBD) is to recognize, preserve and develop the special character of the South Broadway shopping area. South Broadway developed as one of the premier shopping streets in Yonkers and Southern Westchester County and remains one of the important shopping areas in the City. It is a vibrant example of the traditional urban shopping street with wide sidewalks, street trees, a pedestrian and shopper-friendly physical environment complete with fine architecture and a beneficial and sustainable mix of retail, commercial and residential uses. The South Broadway Zoning District recognizes the advantages that this form of development brings to the City of Yonkers and seeks to enhance and preserve the business, residential and physical environment of the area while removing regulatory impediments to the continued growth of the area.

District. The South Broadway Zoning District is divided into four sub-areas: North, Center, Core and South.

Dimensional regulations. The South Broadway Zoning District dimensional regulations shall be:

(1)

Central area.

(a)

Front yard setback: none required.

(b)

Side yard setback: none required.

(c)

Rear yard setback: 10 feet for commercial.

(d)

Side front yard setback: none required.

(e)

Build-to line: New structures shall be required to meet the average street build-to line of the adjacent structures. The approving agency may in its review of an enlarged or altered development require the construction to meet the front build-to line in order to maintain a consistent street frontage in the South Broadway District.

(f)

Floor area ratio: 4.0.

(g)

Height: 40 feet.

(h)

Lot area, minimum: none required.

(i)

Lot width: none required.

(j)

Maximum lot coverage: 90%.

(2)

Core area.

(a)

Front yard setback: none required.

(b)

Side yard setback: none required.

(c)

Rear yard setback: 10 feet for commercial or 25 feet for residential.

(d)

Side front yard setback: none required.

(e)

(f)

Floor area ratio: 3.0.

(g)

Height: 50 feet base; 80 feet total. Tower setback 15 feet minimum above 50 feet.

(h)

Lot area, minimum: none required.

(i)

Lot width: none required.

(j)

Maximum lot coverage: 90%.

(3)

South area.

(a)

Front yard setback: none required.

(b)

Side yard setback: none required.

(c)

Rear yard setback: 10 feet for commercial or 25 feet for residential.

(d)

Side front yard setback: none required.

(e)

(f)

Floor area ratio: 10.0.

(g)

Height: 120 feet; 60 feet base; 120 feet total.

(h)

Lot area, minimum: none required.

(i)

Lot width: none required.

(j)

Maximum lot coverage: 90%.

(4)

North area.

(a)

Front yard setback: none required.

(b)

Side yard setback: none required.

(c)

Rear yard setback: 10 feet for commercial or 25 feet for residential.

(d)

Side front yard setback: none required.

(e)

(f)

Floor area ratio: 10.0.

(g)

Height: 120 feet, 60 feet base; 120 feet total.

(h)

Lot area, minimum: none required.

(i)

Lot width: none required.

(j)

Maximum lot coverage: 90%.

(5)

Building requirements.

(a)

Mandatory ground floor transparency: 70%.

(b)

Building facades more than 50 feet wide abutting streets shall be divided into multiple bays similar to existing contextual architecture.

(c)

Facade materials and design shall respect existing contextual architecture with regards to treatment of material and fenestration.

(d)

Buildings shall be designed to articulate a base, middle and top and shall design the windows and cornice to respect and remain in context to similar contextual architecture on either side of the building.

(e)

The overall width of a building portion above 50 feet or four stories, whichever is less, shall not exceed 100 feet along the lot's frontage.

Nonconforming uses. Nonconforming uses in the South Broadway District shall be governed by the provisions of § 43-21 of the Yonkers Zoning Code entitled "Nonconforming uses, buildings and structures," except as otherwise provided herein:

(1)

Existing apartment houses and mixed-use apartment houses and commercial uses may continue as nonconforming uses and structures and shall not be subject to § 43-21E of the Yonkers Zoning Code, Reconstruction of a nonconforming use, building or structure, insomuch as that section mandates that in the event of destruction or damage exceeding 50% of the valuation of the structure as assessed for City taxes that the structure may not be reconstructed except subject to review by the Zoning Board of Appeals. In order to preserve the mixed-use nature of the South Broadway Zoning District, should a building or structure used as an apartment house or a mixed-use/apartment house and retail, 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 not exceeding 85% 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 24 months of the date of such damage and completed within two years of said date. No additional review of the reconstruction shall be required beyond that necessary to obtain a building permit and certificate of occupancy, provided that the building is reconstructed in kind as determined by administrative review by the Commissioner of Housing and Buildings and the Director of Planning.

Permitted uses. The following uses shall be permitted in the South Broadway District:

(1)

Permitted uses:

(a)

Municipal uses (City of Yonkers).

(b)

Apartment houses (permitted in the Core, North and South subdistrict areas.

(c)

Live/work units.

(d)

Banks and financial uses.

(e)

Commercial schools.

(f)

Department stores.

(g)

Eating and drinking establishments.

(h)

Fast-food restaurants.

(i)

Food and beverage stores.

(j)

Funeral parlors or mortuaries.

(k)

Health clubs and gymnasiums.

(l)

Indoor markets.

(m)

Medical establishments.

(n)

Offices.

(o)

Pawnshops and check-cashing stores.

(p)

Personal service establishments.

(q)

Restaurants.

(r)

Retail establishments.

(s)

Retail craft uses.

(t)

Telephone switching facilities.

(u)

Theaters and movie theaters.

(2)

Permitted uses (with supplemental requirements):

(a)

Automobile rental establishments.

(b)

Automobile sales establishments.

(c)

Offices of philanthropic institutions.

(d)

Audio, radio, video and television stations and studios.

(e)

Banquet and catering facilities.

(f)

Cabarets and nightclubs.

(g)

Day-care centers.

(h)

Dry-cleaning establishments.

(i)

Hotels.

(j)

Senior citizens apartment houses (permitted in Core, North and South subdistrict areas).

(3)

Uses permitted subject to special use requirements:

(a)

Private not-for-profit recreational uses.

(b)

Supermarket.

Accessory uses.

(1)

Permitted uses:

(a)

None.

(2)

Permitted uses (with supplemental requirements):

(a)

Automatic teller machines.

(b)

Amusement games and devices.

(c)

Awnings.

(d)

Bars or lounge areas serving liquor or brew pubs.

(e)

Christmas tree sales.

Fences and walls.

Home occupations.

Laboratories.

Live entertainment.

Loading berths or spaces.

(k)

Newspaper vending machines.

(l)

Outdoor dining areas.

(m)

Outdoor storage.

(n)

Refuse collection, storage and recycling.

(o)

Retail uses in conjunction with offices.

(p)

Signs.

(q)

Soda or candy vending machines.

(r)

Solar collectors.

[Added 2-9-2021 by G.O. No. 3-2021[1]]

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsection F(2)(r) through (v) as Subsection F(2)(s) through (w), respectively.

(s)

Private garage.

(t)

Private open-air parking.

(u)

Semi-public open-air parking.

(v)

Semi-public parking structure.

(w)

Shared parking.

(3)

Uses permitted subject to special use requirements:

(a)

Satellite antennas.

(b)

Fee in lieu of parking.

Off-street parking and loading. The following parking regulations, in addition to parking regulations found elsewhere in Chapter 43, will be applied in this district:

(1)

The provisions of §§ 43-127 and 43-131A shall not apply to buildings, structures or uses in existence at the time of the passage of this chapter, whether continued as permitted uses or as a nonconforming use, or thereafter converted or changed to a different lawful use.

(2)

The approving agency shall not permit any reduction or elimination of whatever quantity of parking or loading space that may already exist, except to the extent that it may exceed such requirement.

Previously approved projects. Buildings, structures or uses approved under the zoning regulations in existence at the time of the adoption of this amendment[2] shall be permitted to be started for a period of two years after the approval of this amendment and must be completed within a period not to exceed five years from the adoption date of this amendment.

[2]

Editor's Note: The adoption date of this amendment is 11-22-2011.

§ 43-48 Austin Avenue Special Shopping District.

[Added 6-14-2016 by G.O. No. 10-2016]

Purpose. The purpose of the Austin Avenue Special Shopping District (AASS) is to implement the goals of the City's Comprehensive Plan by strengthening and enhancing local and regional shopping areas. The Austin Avenue Shopping District is a unique area of the City located adjacent to the New York State Thruway and has become one of the more prominent shopping areas in the City. The AASS recognizes the advantages of the unique location of this shopping area, and seeks to encourage the orderly development of this area.

The Austin Avenue Shopping District shall be designed in part or whole as a single planned development, according to a comprehensive development plan (CDP).

(1)

The CDP shall indicate the following:

(a)

General location of all existing and proposed structures;

(b)

Existing topography and general grading and drainage proposals;

(c)

Proposed and existing public or private streets, and proposed private drives, driveways, alleys or accessways on the site;

(d)

Parking and loading areas;

(e)

Landscaped areas and proposed screening treatments;

(f)

Proposed and existing public utility lines and facilities and proposed and existing private utility lines and facilities;

(g)

Proposed location of major signs.

(2)

Approval of the CDP, which may be amended from time to time, shall be by the City Council upon a petition submitted in accordance with the provisions of Article XIII of the Zoning Ordinance. Any amendment to the CDP shall, for all purposes of such Article XIII, be deemed an amendment to the Zoning Map and shall be subject to all of the standards and procedures, including without limitation the filing, notice, and fee requirements of Article XIII.

(3)

Following approval of the CDP by the City Council, a site plan or site plans for all or a portion of the AASS may be submitted for approval in the same manner as all site plans and in accordance with Article IX of this chapter.

Permitted uses.

(1)

The following principal uses shall be permitted in the Austin Avenue Special Shopping District:

(a)

Banks and financial uses;

(b)

Commercial recreational uses, indoor;

(c)

Department stores;

(d)

Drive-through banks;

(e)

Eating and drinking establishments;

(f)

Hotels;

(g)

Medical establishments;

(h)

Offices;

(i)

Personal service establishments;

(j)

Restaurants;

(k)

Retail establishments;

(l)

Theatres and movie theatres;

(m)

Wholesale price clubs and big-box retail stores.

(2)

The following accessory uses shall be permitted in the Austin Avenue Special Shopping District:

(a)

Semipublic open air parking and semipublic parking structures for private passenger vehicles of visitors, shoppers and employees of the principal use;

(b)

Loading berths or spaces for the delivery of goods to and from the principal use;

(c)

Trash enclosures and trash compactors;

(d)

Emergency generators;

(e)

Nonresidential accessory uses as permitted on Table 43-1.[1]

[1]

Editor's Note: Said table is included as an attachment with this Chapter.

(f)

Solar energy collectors.

[Added 2-9-2021 by G.O. No. 3-2021]

Dimensional standards and requirements.

(1)

The minimum lot size in the AASS District shall be 20,000 square feet.

(2)

The maximum floor area ratio shall be 1.0.

(3)

The maximum permitted height shall be no more than four stories and no more than 65 feet, whichever is lesser, measured above the average finished grade elevation abutting the building, except that solar collectors and their support structures may extend 18 inches above the maximum permitted height.

[Amended 2-9-2021 by G.O. No. 3-2021]

(4)

The maximum building coverage shall be 50%.

(5)

The minimum space between buildings shall be five feet.

(6)

The minimum yard setbacks shall be as follows: no building shall be located closer than 10 feet to any public street or boundary line of the AASS District.

(7)

Parking shall be permitted in required setback areas, except that parking shall not be located within 25 feet of any lot with a residential use at the time of construction. Adequate screening, vegetative or fencing, shall be provided to mitigate any impacts of parking upon the residential use.

(8)

In the event of any inconsistencies between the dimensional standards and requirements contained in this § 43-48 and the remainder of this chapter (including the Schedule of Dimensional Regulations), the provisions of this § 43-48 shall control and shall supersede any inconsistent provisions of this chapter.

Off-street parking and loading. Notwithstanding parking requirements found elsewhere in this chapter:

(1)

Parking requirements shall be taken from this section and not from § 43-127.

(2)

Layout of the AASS parking and loading may permit the backing of a vehicle across a sidewalk and into a street in contravention of § 43-134A(1).

(3)

Required parking in AASS District: The off-street parking requirement for all uses in the AASS District shall be a minimum of four spaces per 1,000 square feet of gross floor area.

(4)

Shared parking: The Planning Board may approve a reduction in the total number of parking spaces required in accordance with the provisions of § 43-132C.

(5)

Loading: One loading space shall be provided for each building up to 10,000 square feet of gross floor area and an additional one loading space shall be provided for each additional 50,000 square feet of gross floor area or portion thereof. Two or more uses within a building may share loading spaces.

Signs. Site signs shall be permitted in accordance with the following standards:

(1)

At the south side of Stew Leonard Drive west of l-87, a pylon sign not to exceed 200 square feet and not more than 35 feet in height, listing the major occupants of the buildings within the AASS District.

(2)

A directory sign not exceeding 50 square feet and 10 feet in height may be placed at each ingress to the AASS District to identify major tenants of the buildings within the district and to provide directions for visitors to the various sites.

(3)

At each ingress to a building site, a sign not to exceed 50 square feet in area and not more than 12 feet in height, identifying the occupant or occupants of the building site. On building sites larger than seven acres, one additional yard or pylon sign not to exceed 324 square feet and 40 feet in height may be placed on the site to provide additional tenant identification.

(4)

Directional signs, each not exceeding 10 square feet in area and not more than six feet in height, maybe placed as required, giving the direction to a building or group of buildings or parking and loading areas.

(5)

Light sources of signs shall not be exposed.

(6)

Building signs. Primary signs may be placed on the primary facade of a building. Additional signs may be allowed upon any other facades of the building provided that such signs are:

(a)

Reduced in size by 50% below the size of the signs on the primary facade; and

(b)

Are located over an entrance for the public to the building.

(7)

The total square footage of all signs on any one facade of a building shall not exceed in area 70% of the total length, in feet, of the facade of the building on which the sign is erected. Signs shall not exceed four feet in height, except that key letters may be five feet in height and logos may be 12 feet in height.

(8)

Signs for a particular user shall be permitted on another retail building located within the AASS district provided that it is located a minimum distance of 800 feet from the centerline of Interstate 87. The maximum height of any signs erected pursuant to this subsection shall be 10 feet and maximum area shall be 80 square feet.

§ 43-49 (Reserved)