Yonkers City Zoning Code
ARTICLE XII
Enforcement and Administration
§ 43-150 Enforcing regulations and officials.
A.
No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article VIII of this chapter. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
B.
This chapter shall be enforced by the Commissioner of the Department of Housing and Buildings, who may, from time to time, with the approval of the Mayor, promulgate such regulations as may be deemed necessary for the proper administration and enforcement of this chapter. The Commissioner of the Department of Housing and Buildings may at any time call upon the Fire Commissioner, the Corporation Counsel or any other department head or commissioner of the City of Yonkers who must institute such proceedings, take such action and give such aid as may be necessary for the adequate enforcement of this chapter.
C.
The Commissioner of the Department of Housing and Buildings, the Fire Commissioner or the Director of Planning, or their duly authorized agents, must at all reasonable times be permitted access to inspect any buildings, structures, lots or land, whether already erected or put into use or in course of erection and putting into use, for the purpose of determining whether or not the provisions of this chapter are being complied with.
§ 43-151 Building permits.
A.
No structure or building shall be erected or structurally altered or repaired until there has been filed with the Commissioner of the Department of Housing and Buildings a plan, in duplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location of the structure, building or buildings and accessory buildings to be erected, altered or repaired, together with such information as may be necessary to determine and provide for the enforcement of this chapter and to issue a permit therefor by said Commissioner of the Department of Housing and Buildings.
B.
In all districts, the plot plan shall show a separate lot for each principal building and a separate lot for each dwelling unit in townhouses or row houses in those districts where townhouses or row houses are permitted; provided, however, that where a development consists of an integrated arrangement of dwelling units in townhouses, row houses and/or multifamily houses or of nonresidential buildings designed and intended to be maintained in a single ownership, the Commissioner of the Department of Housing and Buildings may waive the requirement of showing separate lots for each such dwelling unit, apartment house or nonresidential building.
C.
Where a lot is formed from part of a lot already improved, such formation must be effected in such manner as not to violate any of the provisions of this chapter, whether related to the then-existing improvement or to the proposed new improvement.
D.
No building permit shall be issued for any building or structure upon a lot unless said lot abuts a street shown on the Official Map of the City of Yonkers. Said lot shall not contain any portion of land that is subject to a revocable permit, is rented, or is under lease for a period less than the useful life of the proposed building or structure. Furthermore, no building permit shall be issued on any lot unless the width of such lot, measured between side lines intersecting the street line, conforms to the provisions of this chapter or as permitted under § 43-33F(1).
E.
One copy of each of all approved plans shall be returned to the owner when approved by the Commissioner of the Department of Housing and Buildings, together with a written permit authorizing the erection of the structure or building, after payment by said owner to the Comptroller of the proper fees as heretofore or hereafter determined and prescribed by the City Council.
F.
The owner's copy of the approved plans and of the building permit must be kept on the premises for which the permit has been issued and shall be made available for inspection at all times when demanded by the Fire Commissioner, the Commissioner of the Department of Housing and Buildings or the Planning Director, or their authorized agents.
§ 43-152 Certificate of occupancy and use permit.
A.
Certificate of occupancy for a building.
(1)
A certificate of occupancy shall be issued by the Commissioner of the Department of Housing and Buildings to the owner or agent of any building erected or structurally altered, enlarged or rebuilt after the passage of this chapter upon completion of such building in compliance with all the provisions of this chapter and of all other ordinances of the City of Yonkers that pertain to the construction, occupancy and use of such buildings.
(2)
A certificate of occupancy issued to the owner or agent of any building erected or structurally altered, enlarged or rebuilt in accordance with any variance or variances of the provisions of this chapter granted by the Zoning Board of Appeals shall include a detailed description of such variance or variances.
(3)
The owner or agent, or any subsequent owner or agent, of any building erected, structurally altered, enlarged or rebuilt after the passage of this chapter, who occupies or permits occupancy of premises for which he holds no certificate of occupancy, shall be deemed guilty of a violation of this chapter and shall be liable to the fines and penalties provided in § 43-153.
(4)
The owner's copy of the certificate of occupancy must be shown at all times when demanded by the Fire Commissioner, the Commissioner of the Department of Housing and Buildings, the Planning Director or their authorized agents. No certificate of occupancy shall be issued to any owner or agent or any subsequent owner or agent of any building which was erected or altered prior to the date of passage of this chapter in violation of any of the provisions of any Zoning Ordinance or local law, or other ordinances enacted by the City of Yonkers previous to the passage of this chapter and which does not conform to the provisions of this chapter and the City Code.
(5)
In any residential building now or hereafter erected and occupied or designed for occupancy by three families or more, the owner shall place and maintain, conspicuously and in a well-lighted area on a wall of the main entrance hallway to said building or on a wall of the first-floor lobby of said building, a copy of the certificate of occupancy for said building, contained in a suitable frame and glass covered, which certificate of occupancy has been issued for said building by the Commissioner of the Department of Housing and Buildings.
(6)
A certificate of occupancy may continue in effect as long as such occupancy is in full compliance with the provisions of this chapter and any requirements made in connection therewith at the time of issuance thereof. The details of any statement or plan approved by the City Council, Planning Board, Zoning Board of Appeals, the Design Review Board, the Landmarks Preservation Board, the Commissioner of the Department of Housing and Buildings, or the Planning Director, acting under the terms of this chapter and all other local laws, and any conditions attached to such approval, shall be deemed to be such requirements.
B.
Use permit for a structure other than a building and for the use of a lot or land.
(1)
A use permit shall be issued by the Commissioner of the Department of Housing and Buildings to the owner or agent of any structure, other than a building, which is erected or structurally altered, enlarged or rebuilt after the passage of this chapter, and to the owner or agent of any lot or land which is put into use after the passage of this chapter, upon completion of such structure or upon the putting into use of such lot or land in compliance with all the provisions of this chapter and of all other ordinances of the City of Yonkers that pertain to the construction and use of such structure or to the use of such lot or land.
(2)
A use permit issued to the owner or agent of any structure other than a building erected or structurally altered, enlarged or rebuilt in accordance with any variance or variances of the provisions of this chapter granted by the Zoning Board of Appeals, or issued to any owner or agent of any lot or land put into use in accordance with any such variance so granted, shall include a detailed description of such variance or variances.
(3)
The owner or agent or any subsequent owner or agent of any structure other than a building which is erected or structurally altered, enlarged or rebuilt after the passage of this chapter and the owner or agent of any lot or land which is put into use after the passage of this chapter who permits the use of any such structure, lot or land for which he holds no use permit shall be deemed guilty of a violation of this chapter and shall be liable to the fines and penalties provided in § 43-153.
(4)
The owner's copy of the use permit must be shown at all times when demanded by the Fire Commissioner, the Commissioner of the Department of Housing and Buildings, the Planning Director or their authorized agents. No use permit shall be issued to any owner or agent or any subsequent owner or agent of any structure, lot or land which was put into use prior to the date of passage of this chapter in violation of any of the provisions of any Zoning Ordinance or local law, or other ordinances enacted by the City of Yonkers previous to the passage of this chapter and which does not conform to the provisions of this chapter and the City Code. A use permit for a structure may continue in effect as long as such use is in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any detailed statement or plan approved by the City Council, the Planning Board, the Zoning Board of Appeals, the Design Review Board, the Landmarks Preservation Board, the Commissioner of the Department of Housing and Buildings and the Planning Director, acting under the terms of this chapter and all local laws, and any conditions attached to such approval, shall be deemed to be such requirements.
C.
Change of occupancy. No change of occupancy or use shall be made in any building, structure or premises or any part thereof that is not consistent with the last-issued certificate of occupancy issued in compliance with the existing zoning laws for that building, structure or premises or any part thereof.
§ 43-153 Violations, penalties and injunctions.
Any owner or agent and any person or corporation who violates any of the provisions of this chapter or other local laws or fails to comply therewith or with any of the requirements thereof, or who erects, structurally alters, enlarges or rebuilds or changes the use of any building or buildings or any structure; or who puts into use any lot or land in violation of any statement or plan submitted and approved hereunder; or who refuses to allow a reasonable opportunity for any premises to be inspected, shall be subject to the following:
A.
A violation of this chapter shall constitute a Class II offense. Nothing herein shall preclude the imposition of more severe penalties when such penalties are imposed pursuant to Chapter 55 (Fire and Building Code), Chapter 56 (Building and Electrical Code), Chapter 57 (Plumbing and Drainage Code), Chapter 58 (Housing and Building Maintenance Code) or Chapter 59 (Fire Code).
B.
The owner of any building or structure, lot or land or part thereof which by virtue of its location or existence is in violation of this chapter, and any architect, builder, contractor, engineer, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any violation, shall be guilty of a separate violation for a first violation and a separate misdemeanor for a subsequent violation of the same code section by the same person or corporation pertaining to the same premises and, upon conviction thereof, shall be liable to the same fine or imprisonment, or both, hereinbefore specified.
C.
In addition to the foregoing remedies, the City of Yonkers, by its Corporation Counsel, may maintain an action for an injunction to restrain, correct or abate any violation of this chapter.
§ 43-154 Prevention of a violation.
In case any land is used or structure is erected, constructed, altered or maintained in violation of this chapter, any regulation made pursuant thereto or any detailed statement or plan submitted and approved thereunder, in addition to other lawful remedies any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Commissioner of the Department of Housing and Buildings has reasonable grounds to believe that work on any structure is being prosecuted in violation of the provisions of this chapter, or not in conformity with any regulation made pursuant thereto or not in compliance with any detailed statement or plan submitted and approved thereunder, or in an unsafe and dangerous manner, he may issue a stop-work order.
§ 43-155 Inspection upon application for variance, special use permit or site plan approval.
Whenever any application is made for a variance, special use permit or site plan approval, the Commissioner of the Department of Housing and Buildings or the Planning Director, as appropriate, shall cause an inspection to be made of the property and any improvements thereon for which the application is made. Such inspection shall be made for the purpose of determining what violations, if any, of the Building Code and the Zoning Ordinance of the City of Yonkers exist with respect to such property or improvements at the time such application is made. Prior to any such application being considered by the Board of Appeals, the Planning Board, the Commissioner of the Department of Housing and Buildings or the Planning Director, as appropriate, shall submit to such Board the results of such inspection. In granting any application for a variance, special use permit or site plan approval, such application may be conditioned upon the removal or correction of any existing violations on or against the property and improvements which are the subject of the application.
§ 43-156 Posting of signs.
[Amended 7-15-2019 by Ord. No. 6-2019]
A.
In addition to the notice requirements as provided for in this chapter or as otherwise required by rule, ordinance, resolution or local law, and for all meetings and formal public hearings, any applicant for an amendment to the Zoning Ordinance or Map, a variance, a special use permit, a site plan application, preliminary or final subdivision approval (pursuant to Chapter 46 of the City Code) or for any action for which a City Council or a Zoning Board of Appeals or a Planning Board meeting is required shall post one sign per 300 linear feet of frontage on each street upon which the property fronts. Each sign shall face the street and shall be located no more than 10 feet from the front property line. Said signs shall be clearly visible from the street and shall not be hidden or obscured in any manner by any physical obstruction.
B.
Said signs shall indicate the time and place of the public meeting on the application, shall be erected by the applicant not less than 10 days prior to the date of the meeting and shall be removed by the applicant and returned to the Commissioner of the Department of Housing and Buildings or appropriate office within 10 days following the date of the public meeting or any adjournment thereof.
C.
The applicant shall deposit with the Commissioner of the Department of Housing and Buildings or Planning Director a certified check in the amount of $250 per sign, payable to the order of the City of Yonkers, as security for the return of such signs to the Commissioner or Director as herein provided. If said signs are not so returned, within 10 days of the close of the hearing the security deposit shall be forfeited by the applicant, and the Comptroller shall credit the same to the general fund.
§ 43-157 Notice of conditions imposed.
In addition to all other notice requirements of this chapter or as otherwise required by rule, ordinance, resolution or local law, whenever the Zoning Board of Appeals shall grant a variance or the Planning Board shall grant a special use permit which includes the imposition of conditions, said Board in granting such a variance or special use permit shall include as a condition that written notice of all other conditions shall be served by the applicant, by registered or certified mail, on all the known property owners within a radius of 200 feet of the property boundaries of the parcels for which application has been made. Said notice shall be sent within 10 days of the effective date of the grant of the variance or the special use permit approval.