Yonkers City Zoning Code
ARTICLE II
Definitions
§ 43-7 Construction.
A.
Scope of meaning of certain terms. Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural; and the plural, the singular.
B.
For the purpose of this chapter, certain terms and words are defined as follows:
(1)
The word "shall" is mandatory and not directory; the word "may" is permissive.
(2)
The word "lot" includes the word "plot."
(3)
The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design or using the same.
C.
No title headings or subheadings on the illustrations in § 43-9 or on Tables 43-1 through 43-3 shall be substituted for or construed as defining terms used in the text of this chapter. For example, the uses listed under "Business, Commercial and Office Uses" in Table 43-1 shall not be considered as definitive of the term "business, commercial and office uses," which is used as a subheading in that table.[1]
[1]
Editor's Note: Tables 43-1 through 43-3 are included at the end of this chapter.
§ 43-8 Definition of terms.
[Amended 10-12-2004 by G.O. No. 6-2004; 12-9-2005 by G.O. No. 13-2005; 12-9-2005 by G.O. 13-2005; 5-2-2006 by G.O. No. 5-2006; 9-25-2007 by G.O. No. 5-2007; 5-19-2009 by G.O. No. 3-2009; 10-27-2009 by G.O. 7-2009; 10-27-2009 by G.O. 7-2009; 9-28-2010 by G.O. No. 4-2010; 10-11-2011 by G.O. No. 3-2011; 12-28-2011by G.O. No. 5-2011; 12-28-2011 by G.O. No. 5-2011; 4-9-2013 by G.O. No. 2-2013; 2-24-2015 by G.O. No. 2-2015; 3-10-2015 by G.O. No. 5-2015; 12-12-2017 by G.O. No. 17-2017; 6-12-2018 by G.O. No. 8-2018; 12-10-2019 by Ord. No. 12-2019; 12-8-2020 by L.L. No. 7-2020; 2-9-2021 by G.O. No. 3-2021; 6-23-2021 by G.O. No. 11-2021; 2-28-2023 by Ord. No. 4-2023; 6-26-2024 by Ord. No. 5-2024; 9-24-2024 by Ord. No. 10-2024; 6-25-2025 by Ord. No. 9-2025]
As used in this chapter, the following terms shall have the meanings indicated:
The relinquishment of property, or a cessation of the use of property, by the owner or lessee for a period of 12 or more consecutive months.
To physically touch or border upon; or to share a common property line but not overlap. (See also "contiguous.")
A way or means of approach to provide vehicular or pedestrian physical entrance to a property. (See also "driveway.")
An apartment unit that has been added onto, or created within, and is accessory to a single-family detached dwelling.
A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See also Illustration No. 6 and "accessory structure" and "accessory use.")
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A structure, other than a collection bin, detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. (See also "accessory building," "accessory use" and Illustration No. 1.)
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A use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use. (See also "accessory building" and "accessory structure.")
An extension or increase in floor area or height to an existing building or structure.
A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
Any bookstore or video store or other establishment having as a significant or predominant portion of its stock in trade, books, magazines, periodicals, videos, novelties or amusements which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified sexual areas as defined herein.
Any public or private establishment which provides dancers, strippers or other forms of entertainment that involve specified sexual activities or specified sexual areas as a substantial or significant entertainment activity of such establishment.
Any theater or other facility which is used primarily for presenting cinematic or video material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual areas as defined herein.
The traveled way by which cars enter and depart parking spaces. (See Illustration No. 2.)
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A service roadway providing a secondary means of access to abutting property and not intended for general circulation.
Any construction or renovation to an existing structure other than repair or addition.
A structure utilized by a single homeowner to send and/or receive radio and/or television communications.
See "zoning amendment" or "Zoning Map amendment."
A business establishment utilized, wholly or in part, for the accommodation of six or more amusement games or devices.
Any piece of equipment which is maintained or operated for the amusement, patronage or recreation of the public; any amusement device of any description, and particularly, but not by way of limitation, the type commonly known as bagatelle, baseball, football, pinball, and video game machines.
An antenna used by homeowners to receive radio or television communications.
An independent, self-contained dwelling unit with its own sleeping, sanitary and cooking facilities in a building containing two or more such dwelling units or more than one use.
See "accessory apartment."
A building containing three or more apartments or two apartments in the same building with another principal use, including common areas restricted to the use of residents such as laundry rooms, administrative offices, computer rooms, common rooms, vending machines and health clubs restricted to the use of residents. (See Illustration No. 3.)
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A request to the Zoning Board of Appeals or to the Supreme Court of the State of New York, as applicable, for a rehearing of a decision by an approving agency.
A person submitting an application for development. (See also "developer.")
The application form and all accompanying documents and exhibits required of an applicant by an approving agency for development review purposes.
A plan that has been granted final approval by the appropriate approving agency.
The board, or other legally designated individual or agency that has been charged with the review and approval of plans and/or applications.
A fully dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
A plan, drawn to scale by a professional engineer or registered architect, showing the exact layout and dimensions of an existing completed structure or building.
Residences for the frail elderly that provide rooms, meals, personal care and the supervision of self-administered medication, and may in addition provide recreational activities, financial services and transportation for the residents.
See "row house."
That part of a building which is immediately below, and wholly or partly within, the roof framing. (See Illustration No. 4.)
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A building or portion thereof utilized to produce audio, radio, video or television programs.
Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.
A self-propelled, free-moving vehicle with four wheels, usually used to transport not more than six passengers, and licensed by an appropriate agency as a passenger vehicle.
An establishment engaged in the repair, service, maintenance or painting of an automobile and/or truck body, but not wrecking or salvage.
An establishment used for the washing of automobiles.
A retail store whose business is the sale of automobile parts and supplies only, and which does not include any repair, service or installation, no matter how minor or infrequent.
An establishment used for the purpose of renting automobiles. Trucks, buses or other larger motor vehicles may also be rented, provided such vehicles do not constitute or take up more than 20% of the floor area or land area of the establishment.
An establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting.
An establishment selling automobiles, new and/or used.
An establishment primarily used for the retail dispensing of vehicular fuel and oil to automobiles and the incidental servicing thereof, but not including body work or painting.
An establishment whose principal use is the storage of automobiles. Space utilized for the storage of automobiles shall not be considered parking spaces within the meaning of this chapter.
A retail store whose primary business is the sale of automobile parts and supplies, and which provides for the service or installation of such parts on the premises as an accessory use.
A roof-like cover made of canvas or similar material that permanently projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. (See Illustration No. 5.) In residential districts, awnings and canopies shall be deemed structural projections. (See § 43-33P of this chapter.)
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See "retractable awning or canopy."
A business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.
See "drive-through bank."
See "drive-through bank."
An establishment which serves food and drink and provides entertainment to paying customers and their invited guests on weddings, bar mitzvahs, birthdays and other similar occasions.
An establishment used primarily for the serving of liquor by the drink to the general public.
The portion of a building that is partly or completely below grade. A basement shall be counted as a story if the distance between the grade and elevation to the floor immediately above equals or exceeds:
More than six feet above grade elevation;
More than six feet above the finished grade elevation for more than 50% of the total building perimeter; or
More than 12 feet above the finished ground level at any point. (See Illustration No. 4.)
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A private room intended or used for sleeping separate from other rooms by a door or other physical barrier.
A mound of earth used to shield, screen and buffer undesirable views.
Any single retail establishment selling merchandise within a limited retail category which has a gross floor area in excess of 50,000 square feet. (See also "wholesale price club.")
A sign that directs attention to a business, commodity, service or entertainment conducted, offered or sold at a location other than the premises on which the sign is located.
Any site or building that has been declared to be a substandard or insanitary area as defined under Urban Renewal Law, Article 15 Section 502(4), the inclusion of which is deemed necessary for the effective undertaking of one or more urban renewal programs, or any building, structure or land that exerts a negative influence upon the surrounding properties as evidenced by a history of violations of City or state ordinances and codes relating to health and safety, building and fire code violations, persistent vacancy and violation of other City of Yonkers or state codes and ordinances related but not limited to property maintenance.
A tract of land or a lot or group of lots, bounded by streets, public parks, railroad or aqueduct rights-of-way, pierhead or bulkhead lines, watercourses or foreshores, unsubdivided land or a boundary line or lines of the City of Yonkers, New York, or by any combination of the above. (See Illustration No. 5.)
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An individual other than a member of a family or household occupying a dwelling unit or part thereof who is furnished sleeping accommodations for a fee and may be furnished with meals and/or other services as part of the consideration.
A dwelling or part thereof in which lodging is provided by the owner or operator to more than one boarder. (See also "community residential facility.")
A fully-enclosed building used for the storage of boats.
The border or outer physical limit of a lot or property.
An establishment that manufactures, packages and distributes more than 15,000 barrels of fermented beverages per year. Fermented beverages shall include but not be limited to ale, beers, meads and/or similar beverages.
A restaurant containing a micro-brewing facility for the brewing and storage of beer or ale only primarily for consumption on premises. Such micro-brewing facilities shall be accessory to a restaurant.
An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between one use or property and another use or property. (See Illustration Nos. 1 and 2.)
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Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate "buildings."
See "accessory building."
The horizontal area measured within the outside of the exterior walls on or above the ground floor of all principal and accessory buildings on a lot expressed as a proportion or percentage of the lot area upon which it is situated. (See Illustration Nos. 6 and 13.)
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See "height of building."
See "historic or landmark site."
A solar energy system that is a combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
Written permission or authorization issued by the Department of Housing and Buildings for the construction, repair, alteration or addition to a structure or building, or the alteration of a lot or land.
See "principal building."
A line parallel to the street line or lot line touching that part of the building closest to that street line or lot line. (See Illustration No. 6.)
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A retail establishment supplying building or lumber materials primarily to the public where all such materials which are sold or displayed are contained within a fully enclosed building. (See also "building supply yard.")
A retail or wholesale establishment supplying building or lumber materials to contractors and the public where such materials stored, sold or displayed are located both indoors and outdoors. (See also "building supply store.")
An alignment established a specified distance from the lot line to a line where the building must be built.
Any area, lot, parcel, building or structure or part thereof used primarily for the storage of trucks, buses, ambulances, limousines, taxis and the like.
Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or videotapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.
An establishment where food and drink are prepared, served and consumed within an enclosed building, and wherein patrons wait on themselves carrying food to tables from counters where it is displayed or served. A cafeteria may also be a place furnished with tables and chairs where food is purchased from vending machines, brought from home for consumption at the workplace, and that may be equipped to prepare, heat or keep food cool for the convenience of employees at the building or site.
The diameter of a tree trunk as measured from six inches above ground level for trees up to four inches in diameter, and 12 inches above ground level for trunks of trees with diameters in excess of four inches.
See "awning or canopy."
See "sign, canopy."
A temporary enterprise offering amusements, entertainment, exhibitions, foods, contests and livestock exhibits, with or without the payment of a fee, admission or subscription. A carnival may also include a fair, rodeo, tent park, amusement trailer center or other similar appellations.
A roofed structure providing space for the parking of motor vehicles and enclosed on two sides or less.
See "automobile or car wash."
The dealing, operating, carrying on, conducting, maintaining or exposing for pay of any banking or percentage game played with cards, dice, tiles, dominoes, or any electronic, electrical, or mechanical device or machine for money, property, or any representative of value.
See "banquet or catering facility."
A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground. (See Illustration No. 4.)
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Property used for interring the human dead.
A certificate issued by the Yonkers Landmarks Preservation Board authorizing the demolition or removal, new construction or alteration or repairs which would alter the exterior appearance of any building, structure, site or object in a designated historic district or of a designated landmark pursuant to Chapter 45, Historic and Landmarks Preservation, of the City Code.
A certificate issued by the Commissioner of the Department of Housing and Buildings upon completion of the construction of a new building, or upon a change in the use of a building or use of a lot or land, which certifies that all requirements of this chapter, the City Code, or such adjustments thereof which have been granted by the approving agency, and all other applicable requirements, have been complied with.
Any use which is different in use classification, as provided for in Table 43-1 of this chapter,[1] from the previous use.
An establishment primarily engaged in the business of cashing of checks for individuals and not offering the full range of financial services normally associated with a bank.
An establishment utilized in part for educational and in part recreational purposes for children during school vacations.
See "place of worship."
The City of Yonkers.
The Clerk of the City of Yonkers.
The City Council of the City of Yonkers.
A facility operated by the City of Yonkers for the short-term detention of persons awaiting classification by the justice system, transfer to other correctional or penal facilities or serving short-term sentences. For the purposes of this chapter, a City jail shall be considered a municipal use. (See also "correctional or penal institution.")
A nongovernmental use whose affairs relate to the City or its citizens, but not including government or municipal uses as defined herein.
The removal of three or more trees that are six inches or more diameter at breast height (DBH) over a twelve-month period, or 10 or more trees that are six inches or more DBH over a five-year period.
See "medical or dental clinic."
A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.
A form of development that allows the permitted maximum number of dwelling units or gross floor area to be provided on a portion of a lot or property by reducing the applicable dimensional requirements, with the remaining portion of the lot or property devoted solely to open space, active recreation or preservation of environmentally sensitive or constrained areas.
A publicly accessible outdoor receptacle or container, other than any container placed by any government or governmental agency, or its contractors or licensees, for the donation and the temporary storage of clothing or other materials, other than money, to be collected by the provider of such container governed under Chapter 21 of the Code of the City of Yonkers.
A street that collects traffic from local streets and connects minor and major arterials. (See also "local street" and "minor arterial street," and Illustration No. 7.)
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A building or group of buildings, including buildings owned or leased for the following educational purposes: administrative and faculty offices; classrooms; laboratories; chapels; auditoriums; lecture halls; libraries, gymnasiums; museums and art galleries; infirmaries; student, faculty and alumni centers; athletic facilities; student/faculty dining facilities; college bookstores; dormitories and other student and faculty housing; fraternities and sororities; not including colleges or trade schools operated for a profit and not including the use of any building, stadium or other facilities for commercial purposes. Accessory uses to the above-permitted uses shall include parking lots for passenger automobiles, primarily for use by students, employees and persons visiting or attending activities at a permitted building; also day nursery, children's day camp and playground facilities which are associated and accessory to the activities of the institution. (See also "convent or monastery.")
The following districts or zones of this chapter: the OL District, the BR District, the B District, the BA District, the CB District, the DW District, the GC District, C District and the CM District.
A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.
See "indoor commercial recreation use."
See "outdoor commercial recreation use."
An educational or training establishment operated for a business, including the instruction of language, dance, fine or applied arts, martial arts, business, computers, trades, vocations, or the like.
Any motor vehicle licensed by the state as a commercial vehicle.
The Commissioner of the Department of Housing and Buildings of the City of Yonkers, New York.
An open space within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A building used for neighborhood meetings and recreational activities, whether or not on the basis of fees or charges, and exclusive of a building accessory to a church or religious organization.
Any facility operated or subject to licensure by the state which provides a supervised residence for mentally, emotionally, physically or socially disabled persons or for persons in need of supervision or juvenile delinquents. This term includes, but is not limited to, community residences for the mentally disabled operated or licensed by the Offices of Mental Health or Mental Retardation and Developmental Disabilities or by the Divisions of the Office of Alcoholism and Substance Abuse, agency-operated boarding homes, group homes or private proprietary homes for adults operated or licensed by the Department of Social Services, group homes operated by, contracted for or licensed by the Division for Youth and Halfway Houses operated or licensed by the Division of Substance Abuse Services.
A supportive living facility with up to 14 residents or a supervised living facility subject to licensure by the New York State Office of Mental Health or the New York State Office of Mental Retardation and Developmental Disabilities which provides a residence for up to 14 mentally disabled persons, including residential treatment facilities for children and youth.
A swimming pool owned and operated by a nonprofit association of individuals residing within the City of Yonkers, consisting of not more than 600 families, together with the usual accessory uses necessary for the proper functioning of such purpose (such as parking, dressing rooms, showers, toilet facilities, offices and meeting rooms).
The most recently adopted Comprehensive Plan of the City of Yonkers.
A plan or sketch for development provided for the purposes of informal review which carries no legal obligations or vested rights on the applicant, the approving agency or any other party.
See "informal review or concept review."
An industrial establishment in which concrete is mixed or processed for use, but which is not manufactured from raw materials.
Any land, including the buildings and other improvements thereon, with respect to which a declaration has been recorded in accordance with Article 9-B of the New York Real Property Law (the Condominium Act).
A facility (which may include one or more buildings or portions thereof) consisting of meeting rooms, lecture rooms, and display space, and which may include dining and/or lodging facilities, used for the conduct of business, professional, and educational meetings, conferences, seminars, and displays.
An application or plan which meets all of the requirements of this chapter and other applicable requirements of the Code of the City of Yonkers.
A facility for ambulatory elderly residents consisting of apartment units with communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
An establishment utilized for the temporary storage of debris from demolished buildings or structures, from which such material is transported to landfill and other disposal sites.
Next to, abutting or touching and having a boundary or portion thereof that is coterminous. (See also "abut.")
A retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption.
The residence of a religious order, which may include facilities for assembly and education.
A parcel of land at the junction of and fronting on two or more intersecting streets, which meet or intersect so as to form an interior angle of 135°. (See also "interior lot" and "through lot," and Illustration No. 8.)
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The head of the Department of Law of the City of Yonkers.
Any facility other than a City jail intended for incarceration of convicted offenders serving long or indeterminate sentences. (See also "jail, city.")
The County of Westchester of the State of New York.
An open, unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. An outer court is a court which has one side facing a street, a front yard or a rear yard and which is surrounded on all other sides by building walls and/or side lot lines. Any other court is an inner court. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous. The width of a court is the dimension parallel to the open side in the case of an outer court and is the least dimension in the case of an inner court. For a court which opens upon a side yard, the measurement at right angles to the side lot line may be measured from the building wall to such side lot line across the side yard. The horizontal depth of a court is the dimension at right angles to its width. For a court which opens upon a rear yard or upon a front yard or street, the horizontal depth may be measured from the building wall of the court to the rear line or front line of the building, and such horizontal depth will not be construed to include the depth of the rear yard or front yard. (See Illustration No. 9.)
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See "building coverage."
See "retail craft uses."
See "profile or cross-section."
A street with a single common ingress and egress and with a turnaround at the end. (See also "dead-end street" and Illustration No. 7.)
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A stone, concrete or other improved boundary marking the edge of a roadway or paved area.
The opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway. (See Illustration No. 2.)
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A facility licensed or authorized and regulated by the State of New York Department of Social Service, Department of Health, or other State agency having jurisdiction where care is provided for three or more persons, whether children or adults, away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week. The term "day-care center" shall include, without limitation, qualifying facilities that provide adult day health care or child day care.
Calendar days.
A street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street" and Illustration No. 7.)
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An uncovered structure, usually constructed of wood or concrete, extending from the exterior wall of a residential dwelling, no more than three feet above the finished ground elevation of the wall from which it extends. Any such structure which is more than three feet above the finished elevation shall be considered part of the principal structure for purposes of setback. (See also "patio" and "porch," and Illustration No. 5.)
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A restriction on the use of land as set forth in the deed.
The permitted number of dwelling units per gross area of land to be developed.
See "medical or dental clinic."
See "medical or dental office."
A retail establishment in which a variety of merchandise is arranged in, and offered for sale from, several departments or sections. A department store may include one or more personal service establishments among its departments.
See "lot depth."
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,[2] may be designated by the City Council as a single designated development site.
A mixed-use regional entertainment facility which includes casino gaming and may include video lottery gaming, sports betting, and entertainment and other uses as permitted by § 43-253 of this chapter and subject to applicable state law and licensure.
A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one family and which has its own sleeping, sanitary and cooking facilities. (See Illustration No. 10.)
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The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. (See also "applicant.")
The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, or an apportionment or the division of land into two or more parcels, for which permission shall be required pursuant to this chapter.
The diameter of a tree measured 4 1/2 feet from the ground.
Any land, structure or building in which any of the dimensions do not conform to the minimum or maximum dimensional requirements of this chapter.
Any requirement or regulation of this chapter specifying a minimum or maximum distance, height, area, volume, ratio or other quantitative measurement such as lot area, lot width, front, rear or side yard, side front yard, average lot area per family, building coverage, height in stories or feet, floor area ratio, buffer width or height, or paved or open space area or width.
See "Planning Director."
A single store or group of stores offering merchandise for sale at less-than-usual retail prices.
See "warehouse and distribution."
An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.
See "zone or district."
See "historic or landmark district."
See "pier or dock."
Any structure whose framing projects out of a sloping roof to form a vertical wall suitable for windows or other openings.
The CB-Central Business, DW-Downtown Waterfront and GC-Government Center Districts of this chapter.
The removal of surface water or groundwater from land or stormwater from roofs or paved areas by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
The imaginary circle that may be drawn on the ground around a tree where rain would drip off the outermost leaves is called the dripline. The most active roots are often located along this line. The area inside of which disturbance of the soil above and the trees roots below are presumed to do the most damage to the health of the tree.
Premises constructed for the sale of any goods or services by means of curb, window-counter, or self-service, whether to the motoring public.
An establishment where food or drink is served to a customer in an automobile outside the confines of a building for consumption off the premises. (See also "drive-through or drive-thru restaurant.")
An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
A bank where transactions are made to customers within an automobile outside the confines of a building.
An establishment where food is served for immediate consumption outside the confines of a building and where all or part of that consumption occurs outside the confines of the building, on the premises.
See "drive-through bank."
A vehicular way on private property which provides access to a street or highway. (See also "access," and Illustration No. 11.)
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A retail establishment used primarily for the purposes of picking up or dropping off clothing by customers for dry cleaning purposes, and in which only those clothes dropped of by the customers at such an establishment and no other are dry cleaned within the premises. (See also "dry-cleaning plant.")
An establishment in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises. (See also "dry-cleaning establishment.")
A lot or land or part thereof used primarily for disposal, by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
See "dwelling unit."
See "row house."
See "multifamily or multiple-family dwelling."
See "single-family detached dwelling."
See "three-family residential dwelling."
See "townhouse or townhouse dwelling."
See "two-family residential dwelling."
A building, or entirely self-contained portion thereof, containing its own sleeping, sanitary and cooking facilities occupied or intended to be occupied for residential purposes by one family.
A permanent right in an individual, the public or other entity to use the land of another for a specific purpose not inconsistent with the general ownership of the property. (See also "right-of-way," and Illustration No. 12.)
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A retail establishment serving prepared food or drink within an enclosed building for immediate consumption within the building or off the premises, including restaurants, lunch counters, ice cream and pizza parlors and luncheonettes, which have a customer service area limited to eight seats or space for no more than eight customers to eat within the establishment, but excluding all drive-in or drive-through restaurants, and bars or taverns. (See also "food and beverage store.")
A vertical distance above or below a fixed reference.
See "architectural elevation."
See "grade elevation."
An increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.
An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed.
A plant with foliage that remains green year-round.
The vertical location above some elevation point of the ground surface prior to excavating or filling.
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit and managed as a single housekeeping unit in an intentionally structured relationship providing organization and stability.
Care provided to not more than 14 children away from their own homes for more than three hours, but less than 24 hours, per day, for compensation or otherwise.
An establishment in which food is preprepared and sold over a counter, in disposable containers or wrappers, selected from a limited menu for consumption on or off the premises.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
An establishment in which financial transactions are conducted, or wherein professional advice on financial, insurance or tax matters is given, including banks, savings and loans, finance companies, insurance and brokerage uses, and tax preparers, but not including drive-through banks, pawn shops and check-cashing stores.
The Fire Commissioner of the City of Yonkers.
See "lot, flag or flagpole lot."
A temporary gathering of a group of itinerant vendors or merchants, whether open-air or wholly or partially contained in a structure or group of structures, permanent or temporary, for the sale of tangible personal property, where the sale is advertised by any means whereby the public at large is invited to or may be made aware of the operation and/or existence of said flea market. (See also "indoor market.")
That portion of the floodplain, as designated by the Federal Insurance Administration or the Federal Emergency Management Agency, as constituting particular hazards or risks applicable to the community by reason of flooding.
See "gross floor area."
The quotient of the gross floor area of a building divided by its lot area. (See Illustration No. 13.)
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See "mezzanine."
An establishment selling food and beverages to the public, including but not limited to meat, poultry, fish, specialty foods, beverages, candy, nuts, dairy products, health food, liquor and wine, and including convenience stores, delicatessens and bakeries (for sale of goods on premises only), but not including eating and drinking establishments or restaurants.
See "sign, freestanding."
That side of a lot abutting a street.
The lot line separating the front of a lot from a street right-of-way. (See also "streetline or right-of-way," and Illustration Nos. 6 and 25.)
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When erected on a plot abutting on two or more streets, the front of a structure is that abutting side which is so designated on the plot plan by the owner.
A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. (See also "side-front yard," and Illustration Nos. 14 and 15.)
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A building used for the preparation of deceased human beings for burial or interment and for the display of the deceased and ceremonies connected therewith before burial or cremation.
See "private garage."
See "public parking garage or lot."
See "automobile repair shop."
See "semipublic parking structure."
A retail establishment providing plants, trees, flowers and other landscaping and gardening materials primarily to the public, including plant nurseries.
An exterior cladding erected on the building structure from floor to floor characterized by narrowly spaced vertical and horizontal caps with glass infill panels.
The use of land, buildings or structures by any department, commission, independent agency or instrumentality of the United States, of a state, county, authority, district or other governmental unit other than the City of Yonkers.
The average ground elevation of the land around the exterior walls of a building or structure. (See Illustration No. 16.)
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The percent of rise or descent of a sloping surface, or, where measuring the height of a building, "grade" is defined as the average ground elevation of the land around the exterior walls of a building or structure. (See also "elevation, grade," and Illustration No. 16.)
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A structure utilized for seed germination and plant propagation through the maintenance of a controlled climate necessary to sustain plant growth otherwise not possible in natural or out-of-door surroundings.
For detached single- and two-family homes: the sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot. All dimensions shall be measured between exterior faces of walls.
For all other buildings: the sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding basement or cellar area devoted to parking and mechanical equipment space. All dimensions shall be measured between exterior faces of walls.
See "building coverage."
A solar energy system that is affixed to the ground either directly or by support structures or other mounting devices.
The primary residence of a provider of group family day care wherein day-care services are provided to up to 10 children of all ages, including not more than four children under two years of age or up to 12 children where all of such children are over two years of age. Such home must be operated by a provider, as defined in § 416.1(d) of the Social Services Law, and must have at least one assistant as defined in § 416.1(e) of the Social Services Law, present during the hours that care is provided.
See "performance guaranty."
An uppermost story in which the floor area, having a clear height of at least 7 1/2 feet, is 1/3 or less of the floor area of the story next beneath it. (See also "story" and Illustration No. 17.)
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See "residential health-care facility."
An establishment that provides facilities for physical exercise such as aerobics, running, jogging, weight lifting, game courts, swimming facilities and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.
An establishment which involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials. (See also "light industrial" and "medium industrial.")
The vertical distance from the average level of the street center line grades of the abutting streets to:
The level of the highest point of the roof beams in the case of flat roofs or roofs including not more than one inch to the foot.
The mean of the levels of the top of the main plate and the highest ridge if the roof is of any other type.
The highest point of the building, including structures wholly or partly above the roof, where such exist.
Exception. In any residence district, when the average angle of inclination of the ground above the horizontal, as measured perpendicular to the selected front at its center, exceeds 25°, the height of the building may be measured, at the option of the owner, from the average level of the lot adjacent to the building prior to any excavation or fill. (See Illustration Nos. 18 and 19.)
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An area, either at ground level or elevated on a structure licensed by the Federal Aviation Administration and other appropriate governmental agencies and approved for the loading, landing and takeoff of helicopters, including auxiliary facilities such as fueling and maintenance equipment, a waiting room and parking. (See also "helistop.")
A heliport, without auxiliary facilities. (See also "heliport.")
An area of the City, designated by the Yonkers City Council pursuant to Chapter 45 of the City Code, which:
Possesses the following characteristics:
Has been duly included on the National Register of Historic Places maintained by the United States Secretary of the Interior; or
Has been duly included on the New York State Register of Historic Places maintained by the New York State Office of Parks, Recreation and Historic Preservation. (See also "historic or landmark site.")
A building, structure, site, object or parcel of land designated pursuant by the Yonkers City Council to Chapter 45 of the City Code which may or may not be located in a designated historic district and which:
Possesses one or more of the following characteristics:
Is associated with persons or events of historic significance to the City, region, state or nation;
Is illustrative of historic growth and development of the City, region, state or nation;
Embodies distinctive characteristics of a type, period or method of construction or represents the work of a master;
Contains unique architectural, archaeological or artistic qualities; or
Has been duly included on the National Register of Historic Places maintained by the United States Secretary of the Interior; or
Has been duly included on the New York State Register or Historic Places maintained by the New York State Office of Parks, Recreation and Historic Preservation. (See also "historic or landmark district.")
An occupation conducted within and which is accessory to a dwelling unit consisting of the office working quarters of a recognized business use and meeting the requirements of § 43-77C of this chapter.
An occupation, excluding a home-based business, and excluding establishments offering services to the general public, carried on in a dwelling by the resident thereof as an accessory use to a dwelling unit and meeting the requirements of § 43-41G of this chapter. The term shall not include businesses or occupations such as the operation of a beauty parlor, barbershop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boardinghouse, kennel or stable, massage parlor, dancing instructions, band instrument instructions in groups, day-care centers or nurseries, drug counseling centers, antique shops, restaurants, tea rooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades or similar establishment offering services to the general public.
An association of homeowners organized to own, maintain, operate and share the cost of maintaining common facilities and to enhance and protect their common interests.
An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics, and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine in the State of New York.
See "veterinary office or hospital."
A facility offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include but not be limited to related services such as restaurants, meeting rooms or recreation facilities.
See "dwelling unit."
A family living together in a single dwelling unit, with common access thereto and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
See "parish house."
Any permanent structure that becomes part of, placed upon, or is affixed to real estate.
See "off-site improvement."
A single indoor retail establishment which is designed, arranged or intended to be used on a permanent basis by multiple vendors. (See also "flea market.")
A building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including, but not limited to, bowling alleys, escape rooms, skating and roller rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor batting cages, recreation centers and indoor swimming pools or tennis courts. (See also "recreation use or facility.")
An establishment where the form, usability, physical ergonomics, marketing, brand development and sales of various products are researched and developed. An industrial design establishment may create prototypes of products, but may not manufacture products for sale and distribution.
See "heavy industrial."
See "light industrial."
See "medium industrial."
A tract of land that is planned, developed and operated as an integral facility for a number of individual industrial uses, with consideration to transportation facilities, circulation, parking, utility needs, aesthetics and compatibility.
A facility designed for the keeping and raising of living animals and plants under natural conditions for observation, research, or distribution to other research and development or industrial facilities.
A review process undertaken by an approving agency at the option of the applicant as provided for in this chapter, for the purposes of assisting an applicant to prepare an application for formal submission and to provide direction and feedback on such application, at which no decisions, resolutions or formal actions are taken, and wherein all comments or communications carry no legal obligation or vested rights, nor are binding on any party.
See "accessory apartment."
A lot other than a corner lot. (See also "corner lot" and "through lot," and Illustration No. 5.)
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A nonnative species whose introduction does or is likely to cause economic or environmental harm or harm to human health, as identified by the New York State Department of Environmental Conservation.
See "City jail."
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
See "commercial kennel."
Specific streets designated within the downtown are to preserve and enhance the pedestrian-oriented commercial environment and promote economic development that require active first-floor uses, such as retail, restaurant, service and entertainment uses, and a storefront design at the street level.
An establishment or part thereof equipped and used for experimental study, testing or analysis in a field of science.
See "historic or landmark district" or "historic or landmark site."
The Landmarks Preservation Board of the City of Yonkers.
Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage. (See Illustration No. 11.)
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Lawns, trees, plants and other natural materials such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
Any solar energy system that cumulatively on a lot is designed and intended to supply energy into a utility grid, primarily for sale to the general public.
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or hotel.
An establishment engaged in the assembly, packaging, storage and distribution of products from finished products or parts. (See also "heavy industrial" and "medium industrial.")
Any form of entertainment which is performed in person before an attending audience.
A building wherein 50% or more of the units or gross floor area is comprised of live-work units. (See also "live-work unit.")
A unit designed to provide space to conduct a business or trade, including offices, studios, craft workshop area or laboratory space and/or to be occupied as an apartment. (See also "live-work building.")
See "loading space or berth."
See "off-street loading."
An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.
A street designed to provide vehicular access to abutting property and to discourage through traffic. (See also "collector street," and Illustration No. 7.)
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See "boarding, lodging or rooming house."
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. (See also "parcel" and "tract," and Illustration Nos. 8, 20 and 21.)
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An area of land which is determined by the limits of the lot lines bounding the area, expressed in terms of square feet. Any portion of a lot included in a public or private street right-of-way shall not be included in calculating "lot area."
See "corner lot."
See "building coverage."
The average measured distance of a line drawn from the street line to the rear lot line at right angles to the front property line. Where the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines. (See Illustration No. 5.)
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A lot which does not meet the minimum lot width requirements and where access from the lot to the public road is by means of a narrow private right-of-way or driveway. (See Illustration Nos. 20 and 21.)
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See "interior lot."
The boundary line of a parcel of land as shown on a certified filed map, tax map or as defined by a field map. A lot line shall not be considered unless legally subdivided or apportioned. (See Illustration No. 6.)
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See "front lot line."
See "rear lot line."
See "side lot line."
See "side-front lot line."
See "nonconforming lot."
An interior lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. (See Illustration No. 20.)
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The distance between side lot lines measured along the front lot line; or, in the case where side lines are parallel and not perpendicular to the front line or where side lines are parallel and the front line is irregular or the arc of a circle, the width shall be the perpendicular distance between the side lines measured at the minimum required front yard setback. In the case where side lines converge toward or away from the front line, the width shall be measured along a line parallel to the front lot line drawn at a distance equal to the required minimum setback. The minimum required width of a lot at the front lot line shall in no case be less than 50% of the required lot width, but no less than 25 feet in any case. (See Illustration Nos. 20 and 22.)
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A security acceptable to the City of Yonkers to assure that necessary improvements installed or completed by a developer will function as required for a specific period of time.
A street with access control, channelized intersections, and restricted parking, and that collects and distributes traffic to and from minor streets. (See also "minor arterial street," and collector street and Illustration No. 7.)
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A facility for the storing, servicing, fueling, berthing and securing of boats and retail facilities for owners, crews and guests.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, physical therapist or health professional or barbershops or beauty salons in which massages are administered only to scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A building for interring the human dead above ground.[3]
Parking machines, lifts, elevators or other mechanical devices for vehicles moving from and to the street level, including automated valet, where the car is driven onto a pallet and the pallet moves the car to a parking slot where the driver is not in the car and cannot access the space, and self-park, where the parking space is accessed and operated directly by the driver and no cars are removed from another space for access.
A place where medical care is provided to persons solely on an out-patient basis by one or more members of the medical professions, including chiropractors, dentists, doctors, osteopaths, podiatrists, therapists or other licensed medical service providers. Medical establishments may, subject to any applicable state or federal regulatory requirements, also include but are not limited to, medical testing labs or offices, offices for X-ray, sonograms, MRI, CAT scans and other medical imaging services, offices for the administration of nuclear medicine, radiation therapy, infusion, dialysis and similar medical treatments, and offices for out-patient surgical and nonsurgical procedures. Medical establishments shall not mean hospitals, nursing homes, residential health care facilities or any other in-patient facility.
An establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials. (See also "heavy industrial" and "light industrial.)"
An intermediate floor between the floor and ceiling of any story and covering less than 1/3 of the floor area immediately below. A mezzanine shall not be counted as a story, but its floor area shall be included in the computation of gross floor area. (See Illustration No. 4.)
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An establishment that manufactures, packages and distributes fewer than 15,000 barrels of fermented beverages per year. Fermented beverages shall include but not be limited to ale, beers, meads and/or similar beverages.
A facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the dead storage of customers' goods and wares.
A street with traffic signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets. (See also "major arterial street" and "Collector Streets," and Illustration No. 7.)
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See "convent or monastery."
See "funeral parlor or mortuary."
An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
Any one of the following as defined herein: automobile body repair shops, automobile rental establishments, automobile repair shops, automobile sales establishments, automobile service stations, automobile storage yards, automobile supply and service stores, automobile washes, convenience stores in conjunction with automobile service stations, transport service businesses, truck and bus depots, rental, storage and sales establishments, truck and bus service stations, and repair shops.
A building containing three or more dwelling units, occupied or intended to be occupied by three or more families, each living independently of each other and with their own sleeping, sanitary and cooking facilities. A building containing three or more such families where separation of the units is provided by means of a wall, floor, door or other type of screen or partition, or with a separate outside entrance, or basement access, shall be considered a multiple-family dwelling.
Any use of land, building or structure by the City of Yonkers or an agency thereof. (See also "government use.")
With respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem.
The Journal News and the Home News and Times.
See "cabaret or nightclub."
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the City of Yonkers (Chapter 43), but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the City of Yonkers (Chapter 43), but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming lot" and "nonconforming use.")
A use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the City of Yonkers (Chapter 43), but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
The following districts or zones of this chapter: the CU District, the OL District, the BR District, the B District, the BA District, the CB District, the DW District, the GC District, the C District, the CM District, the IP District and the I District.
See "sign, business or nonresidential."
All uses not classified as residential uses.
A corporation formed or existing under the Not-For-Profit Corporation Law of New York State.
An institution licensed and approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
A room or group of rooms used for conducting the offices of a business, profession, field of science, service, industry or government, and generally furnished with desks, tables, files and communication equipment, including offices of general, business, executive, legal, accounting, architect, research, planning, engineer, scientific, real estate, contractor and employment agencies.
See "medical office."
A building or group of buildings containing offices for use by civic, charitable, philanthropic, fraternal, trade union or veterans organizations, but excluding residential facilities and social welfare facilities such as soup kitchens, emergency or overnight shelters, or the dispensing of medical care or other forms of personal aid.
The Official Map of the City of Yonkers, adopted by the Yonkers City Council, showing the location and width of all existing and proposed public streets, and rights-of-way.
Improvements to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities and traffic improvements.
Parking provided for a specific use but located on a site other than the one on which the specific use is located.
Designated areas located adjacent to buildings where trucks may load and unload cargo. (See also "loading space or berth.")
Parking for a motor vehicle not located within a street right-of-way. (See also "on-street parking," and Illustration No. 2.)
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Parking for motor vehicles located within a street right-of-way. (See also "off-street parking," and Illustration No. 2.)
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See "private open-air parking."
See "semipublic open-air parking."
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants, and their guests, of land adjoining or adjacent to such open space. (See Illustration No. 11.)
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See "common open space."
Land and structures used for recreational purposes and operated as a business and open to the public for a fee, including a golf course or golf club or country club, a swimming club, tennis and racquetball club, a miniature golf course, a golf driving range, outdoor batting cages, outdoor skating or roller rinks, sports or athletic fields and stadiums, canoeing and water skiing. (See also "recreation use or facility.")
The keeping of any goods, junk, material, merchandise or vehicles outdoors in the same place overnight or continually for a period of more than 12 hours.
Owner of real property.
A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity, including members of an immediate family. (See also "lot" and "tract.")
The residence of the clergy associated with a place of worship.
See "aisle or parking aisle."
See "private garage," "semipublic parking structure," and "garage, public."
See "public parking garage or lot."
See "off-street parking."
A space conforming to applicable standards of this chapter for the parking of a motor vehicle within a private, semipublic or public parking area. (See Illustration No. 2.)
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See "semipublic parking structure."
A tract of land designated and used by the public for active and passive recreation.
A level, landscaped or surfaced area directly adjacent to a principal building at grade and not covered by a permanent roof. (See also "deck" and "porch," and Illustration No. 5.)
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An establishment in which the proprietor lends money on the security of personal property pledged in his or her keeping.
An establishment that presents material in the form of live shows, films or videotapes, which material is distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual areas viewed from an individual machine or enclosure, for which a fee is charged.
See "correctional or penal institution."
A security that is acceptable to the City of Yonkers to assure that improvements that are required as part of an approved development will be satisfactorily installed or completed.
A use of a building or land that conforms with the provisions of this chapter.
A building, structure or land that: has been vacant and not used for a legal purpose for more than six months; and/or is not undergoing renovation and/or repair as evidenced by a building permit(s) actively being pursued.
A persistently vacant building or structure shall be one that has been vacant and not used for a legal purpose for more than six months; and/or is not undergoing renovation and/or repair as evidenced by a building permit(s) actively being pursued; and/or has been found to be in violation of one or more City or state codes or ordinances and is exhibiting a blighting influence upon the surrounding community.
An establishment engaged primarily in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to linen supply, diaper service, beauty and barber shops, dressmaker, milliner, tailor shops, watch repair, clothing and shoe repair, laundromats, dropoff laundry and dry cleaners (not including dry-cleaning establishments or plants), nail salons and tanning salons.
A petition to the City Council, duly signed and acknowledged, requesting an amendment, supplement, change or repeal of the regulations of the Zoning Ordinance prescribed for a zoning district or part thereof.
A private or public organization that is organized and operated for the purpose of providing a public or charitable service or carrying on a trade or business without profit. (See also "not-for-profit or nonprofit organization.")
See "office of a philanthropic organization."
Thin layers of semiconducting material that are usually made of silicon, which, when exposed to light, generate an electrical charge.
A technology that converts sunlight directly into electricity.
A structure typically supported by columns extending from land into the water to provide berthing for boats.
An establishment or part thereof used to test concepts and ideas and determine physical layouts, material flows, type of equipment requirements and costs, and secure other information prior to full-scale production.
A church, synagogue, temple, mosque or other building or group of buildings which by design and construction are intended for the conducting of organized religious services and accessory uses associated therewith.
An area of a minimum contiguous size and meeting other specific requirements as specified in this chapter, to be planned, developed, operated and maintained according to a plan as a single entity and containing one or more structures or buildings with appurtenant common areas, such as planned apartment complexes, planned cluster developments, planned townhouse complexes, planned urban residential developments, planned executive parks, planned shopping centers, planned urban redevelopments and industrial parks.
A building or complex of buildings consisting of a minimum of 70,000 square feet of gross floor area designed and developed to blend a combination of business, commercial, office, retail, restaurant, and/or industrial uses, whose functions are physically and functionally integrated.
A group of retail establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for the delivery of goods separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
The Planning Board of the City of Yonkers, New York.
The head of the Bureau of Planning of the City of Yonkers.
A map filed in the office of the Westchester County Clerk, Division of Land Records.
See "park or playground."
See "lot."
A roofed open area which may be screened but not enclosed by glazing, usually attached to or part of and with direct access to and from a building. Porches are part of a principal structure for purposes of setback. (See also "deck" and "patio," and Illustration No. 5.)
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The lawful use of a lot, parcel, structure or building existing prior to the time of the enactment of this chapter.
A building in which is conducted the principal use of the lot on which it is located. (See Illustration No. 1.)
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The primary or predominant use of any lot, parcel, structure or building.
A large-scale facility for the custom reproduction of written or graphic materials on a custom-order basis. Typical processes include, but are not limited to, offset printing, photocopying, blueprint printing and copying, and binding. Printing, photo lithography or reproduction plants do not include a commercial copy shop, where services such as photocopying, binding, and access to computers and facsimile sending and receiving are provided. A commercial copy shop is considered a personal service establishment.
A structure that is accessory to a residential use which is used for the parking of vehicles, and which is not used by the general public.
An unroofed, unenclosed area used for parking vehicles that is accessory to a residential use and which is not used by the general public.
A building and/or related facilities owned or operated by a corporation, association or group of individuals established for the recreational use and enjoyment of its members and not primarily for profit, and whose members pay dues and meet certain prescribed qualifications for membership.
A street that has not been accepted by the City of Yonkers or other governmental entity, but which is shown on the Official Map of the City of Yonkers.
A swimming pool located as an accessory use on the same lot as the principal use it serves, which is utilized only by the owner or tenants or his or their nonpaying guests.
A drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.
An extension of a building which protrudes or juts out from the vertical plane of the building.
A lot, parcel or tract of land together with the building and structures located thereon. (See also "lot," "parcel" and "tract.")
A written protest to the City Council, duly signed and acknowledged, requesting that a proposed amendment, supplement, change or repeal to the Zoning Ordinance not be adopted.
Notice of the time and place of a hearing or proceeding printed in the newspapers of general circulation of the City of Yonkers, New York, within a specified minimum time prior to the time of such hearing or proceeding.
Any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar services.
An open-air parking area or parking structure operated by the Yonkers Parking Authority. For the purposes of this chapter, a public parking garage or lot shall be considered a municipal use.
Any street, including all portions of the right-of-way which have been dedicated or deeded to the public for public use, which may or may not be improved in accordance with City standards, and which is shown on the Official Map of the City of Yonkers. The word "street" shall include the words "road," "highway," "avenue" or similar designations. Improved "streets" shall contain paving, sewers and sanitary sewers, as well as necessary storm sewers, curbs and sidewalks.
An open excavation used for obtaining slate, limestone or other stone building material.
See "antenna, radio or TV.
See "audio, radio, video and television station and studio."
See "amateur radio or TV tower." (See also "telecommunications tower.")
A dwelling located on the same lot and to the rear of the principal building for which the lot is used.
The lot line opposite and most distant from the front lot line. (See Illustration No. 6.)
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A space extending the full width of the lot between any building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. (See Illustration Nos. 14 and 15.)
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See "indoor commercial recreational use and outdoor commercial recreational use."
A place designed and equipped for the conduct of sports and leisure-time activities. (See also "indoor commercial recreational use and outdoor commercial recreational use.")
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and designed primarily as a temporary living accommodation for recreation, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
The act or process of developing a site or parcel of land which has previously been developed or which has been blighted.
An establishment used on occasion by a group for religious prayer, meditation, study or instruction.
That line that is the required minimum distance from any lot line and that establishes the area in which a building must be erected or placed. (See Illustration No. 23.)
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The open space between the lot line and the required setback line within which no structure shall be located except as provided in this chapter. (See Illustration No. 23.)[4]
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A home, abode or place where an individual or household is actually living at a specific point in time.
The following districts or zones in this chapter: the S-200 District, the S-100 District, the S-75 District, the S-60 District, the S-50 District, the T District, the MG District, the M District and the A District.
An establishment for the long-term residential care of the aged and infirm, such as congregate-care and assisted living facilities, but not including nursing homes, convalescent homes or substance abuse treatment centers.
See "sign, residential."
Any use in which one or more dwelling units or residences are present.
An establishment where food and drink are prepared, served and consumed within an enclosed building, and wherein food is served only to be consumed by customers seated at tables on the premises. (See also "eating and drinking establishment," "drive-in restaurant" and "drive-through restaurant.")
See "drive-in restaurant."
See "drive-through restaurant."
See "drive-through restaurant."
See "fast-food restaurant."
See "deed restriction or restrictive covenant."
A retail establishment in which the goods or services available have been made or are performed by a skilled worker who practices a recognized trade or handicraft, including but not limited to coopers, cabinetmakers and furniture makers, potters, ceramicists, glassblowers, silversmiths, jewelry makers, antique and furniture finishers, restorers or reupholsterers. Such establishments may include workshop areas as an accessory use, provided that the establishment maintains a retail storefront.
An establishment engaged in selling of goods and merchandise to the general public for personal or household use, including automobile parts and supplies (with no service), clothing and shoes, fabrics, curtains, drapes, floor coverings, furniture, lamps, appliances, radios, television sets, computers, electronics, upholstery, china and glassware, luggage and leather goods, antiques, home wares, paint and wallpaper, arts and crafts, candles, records, tapes, videos, musical instruments, pets, books and stationery, flowers, tobacco, drugs, sporting goods, jewelry, sewing machines, photography equipment, keys, cards, gifts, and toys, and including TV, appliance, computer and electronics sales and repair establishments, department stores, variety stores, hardware stores (with products for sale predominantly to the public), interior decorating stores, hobby shops and art galleries.
An awning or canopy that may be retracted by mechanical means so as not to project beyond the front facade of a building.
A commercial establishment used for the firing of rifles and pistols aimed at targets, within a fully enclosed building.
An easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement" and Illustration No. 12.)
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See "street line or right-of-way line."
See "sign, roof."
Any solar energy system that is affixed to the roof of a building and wholly contained within the limits of the roof surface, either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
See "boarding, lodging or rooming house."
A single-family dwelling which is attached to one or more dwelling units by common vertical walls and wherein the lot on which such a unit is located and the open space on the lot is owned in fee simple by the owner of the row house or single-family attached dwelling. (See also "townhouse," and Illustration No. 24.)
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See "junkyard or salvage yard."
An open excavation used for obtaining sand or gravel for building purposes.
Any accessory structure capable of receiving and/or transmitting, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit and including but not limited to satellite receivers, satellite dish antennas, satellite disks, satellite earth stations, direct broadcast systems (DBS's), and television reception-only systems (TVRO's).
Facilities of a college, university or theological seminary which are not located at the main campus of the institution. Such use shall be limited to classrooms, laboratories, lecture halls, libraries, student and faculty offices or lounges, and shall not include gymnasiums or other athletic facilities, dormitories or other student or faculty housing, fraternity or sorority residences, student or faculty dining facilities, or infirmaries.
Any place of education or instruction, other than a commercial school, college, university, theological seminary, convent, monastery, day-care center, children's day camp and religious retreat as defined in this chapter.
See "commercial school."
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. (See also "buffer.")
See "mini-warehouse."
A facility consisting of a building, a part of a building or group of buildings that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the storage of customers' goods and wares.
An unenclosed, unroofed open area used primarily for the parking of vehicles, and open to tenants, employees, customers and/or visitors to the principal use to which it is accessory, and which may also be open for use by the general public.
A structure, or portion thereof, other than a private parking garage, used primarily for the parking of vehicles and available to tenants, employees, customers and/or visitors to the principal use to which it is accessory, and which may also be open for use by the general public.
A person over 62 years of age.
An apartment which is provided in a senior citizen apartment house or in senior citizen housing provided under any state or federal housing subsidy.
Housing which is provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in any state or federal programs).
Nonsubsidized housing which is restricted to, and is specifically designated and operated for occupancy by, a senior citizen who pays market-rate rents or who paid market value to purchase the property. This designation shall run with the life of the project and must be included in both a restrictive covenant for the property and on the final certificate of occupancy.
The distance between a building and any lot line. When two or more lots under one ownership are used for a single development, the exterior lot lines so grouped shall be used in determining the setback. (See also "required setback line," and Illustration No. 6.)
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Uses pursuant to which the Yonkers City Council made the following specific legislative findings at § 43-43(1) of General Ordinance No. 2-1996:
The City Council of the City of Yonkers hereby recognizes that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are located in close proximity, thereby having a deleterious effect upon the adjacent areas. This finding of the existence of adverse secondary impacts is supported by reports and studies conducted by other municipalities which have been reviewed by this Council, including but not limited to the "Adult Entertainment Study" published by the New York City Department of City Planning in September 1994, the Report of the Attorney General's Working Group for the Regulation of Sexually Oriented Businesses in the State of Minnesota, and reports from different departments, bureaus and boards of the City of Yonkers. The unrestrained proliferation of such uses is inconsistent with existing development and future plans for the City of Yonkers in that such uses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effect of such uses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Special regulation of these uses is necessary to ensure these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The purpose of this ordinance is to prevent the unrestricted proliferation of such uses while respecting the constitutional rights of the operators of such establishments and to ensure that the effects of such uses will not adversely affect the health, safety and economic well-being of the community, and particularly the youth of the community, by enacting criteria for the establishment of adult entertainment uses; and which include the following uses as defined herein: adult book store or video store, adult theaters, peep shows, massage establishments or adult entertainment uses or establishments. |
A tree with a minimum caliper of 3 1/2 inches, usually deciduous, planted primarily for overhead canopy.
A small, fully-enclosed structure for storage, other than a collection bin. (See also "accessory structure.")
See "planned shopping center."
A lot line separating the side-front yard from a street right-of-way. (See Illustration No. 25.)
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On a corner lot, that yard which fronts on a street which has not been designated as the front yard. (See Illustration No. 14.)
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Any lot line other than a front or rear lot line. (See Illustration No. 6.)
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A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. (See also "side-front lot line, and Illustration Nos. 6, 14 and 15.)
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Any outdoor illuminated or nonilluminated device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information or concepts of any kind to the public, provided that signs described in Chapter 47 of the City Code shall not be subject to the provisions of this Zoning Chapter.
See "billboard."
Any sign attached to any part of a building, as contrasted to a freestanding sign.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises, provided that, at any location where a business sign is permitted, there shall also be permitted a sign containing noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
Any sign supported by a structure or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the Zoning Ordinance.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign that is used only temporarily and is not permanently mounted.
An illuminated sign or display containing only illuminated numerals or symbols to show the time or temperature or both.
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
A sign that is attached to, placed upon, printed on the interior or exterior of a window or door of a building, or displayed within 12 inches of a window intended for viewing from the exterior of such a building. A window sign may be either permanent or temporary.
See "row house or single-family attached dwelling."
See "detached single-family dwelling."
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in Article IX of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity. It may provide power for use by the building, as a community solar installation or by supplying power to the grid. Solar photovoltaic and solar thermal systems are solar energy collectors.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar.
A technology that uses sunlight to heat water or air.
See "parking space."
The authorization of a particular land use as specified herein, subject to such additional requirements to assure the proposed use is in harmony with the Zoning Ordinance and will not adversely affect the neighborhood if such requirements are met.
Human genitals in a state of sexual stimulation or arousal, or acts of human masturbation, sexual intercourse or sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or breast.
Less than completely and opaquely covered human genitals, pubic region, human buttock, and human breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Any land with a slope of 15% or greater.
An establishment engaged in the storage of goods, products or materials primarily for business or industrial purposes.
See "mini-warehouse or self-service storage facility."
See "outdoor storage."
A space in a building between the top surface of any floor and the upper surface of the floor next above or, if there is no floor next above, then the space between such floor and the roof above. If the finished floor level directly above the basement or cellar is more than seven feet above the grade, such basement or cellar shall be considered a story. (See also "half story," and Illustration No. 17.)
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See "half story."
Any vehicular and/or pedestrian right-of-way shown on the Official Map of the City of Yonkers. (See Illustration No. 2.)
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See "collector street."
See "cul-de-sac street."
See "dead-end street."
The dividing line between the street and a lot. (See also "lot line," "front" and "lot line, side-front," and Illustration Nos. 6 and 12.)
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See "local street."
See "major arterial street."
See "minor arterial street."
See "private street."
See "public street."
A design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs and lighting.
A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, which includes but is not limited to buildings, stadiums, platforms, towers, sheds, trailers, storage bins, fences, swimming pools and signs. (See also "building.")
See "accessory structure."
See "nonconforming structure."
The workshop of an artist, sculptor, photographer or craftsperson or a place where radio, television or movies are produced. (See also "live-work unit.")
An apartment unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.
Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure required to correct existing health, sanitary or safety code violations identified by the Code Enforcement Official and that are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.
A self-service retail establishment specializing in food and household merchandise, with at least 25,000 square feet of gross floor area.
See "community swimming pool."
See "private swimming pool."
For the purposes of this chapter, shall be considered as a personal service establishment, however, no tattoo establishment shall be located closer than 500 feet to any other such establishment. The distance between such uses shall be measured from the lot lines of the respective establishments.
A structure that is intended to support or which contains antenna and/or other equipment to receive or transmit cellular, radio, television, microwave or other forms of communication, but excluding those used either for fire, police and other dispatch communications or exclusively for private radio and television reception and private citizens' band, amateur radio and other similar private residential communications.
A telephone facility containing switching equipment where no public business offices, no repair facilities, except for equipment maintained in the building, and no storage or warehouse are maintained.
See "audio, radio, video and television station and studio."
See "sign, temporary."
A structure, constructed on the ground, consisting of a playing area of whatever consistency used to engage in the game of tennis or other sports. A backstop, consisting of netting, fencing or similar material and designed to prevent the passage of tennis or other balls shall be considered to be part of the tennis or sports court.
An establishment for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any material or products.
A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances to the public for a fee.
See "drive-in theater."
See "college, university or theological seminary."
A detached residential building containing three dwelling units occupied or intended to be occupied by three families each living independently of each other and with their own sleeping, sanitary and cooking facilities.
See "lot, through."
A building or part of a building taller in proportion to its width and length.
See "amateur radio or TV tower."
See "telecommunications tower."
A building containing three or more dwelling units wherein each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from the other by one or more common vertical walls. (See also "row house or attached single-family dwelling, and Illustration No. 26.)
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An area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")
A structure which temporarily or permanently stands on wheels and is capable of being towed or hauled by another vehicle and used for temporary or long-term human occupation.
A lot, or part thereof, with its appurtenant facilities, used primarily for the parking of one or more trailers utilized on such lot for living or sleeping purposes.
Transparency is calculated as the total window area, not including mullions, divided by the total facade area between the ground and the top of the sign frieze or the finished floor of the second story, whichever is greater. If the door is constructed of glass, it is counted as part of transparency. In order to meet the transparency requirements, the window area must be comprised of nontinted glass, and a viewer must have a line of sight to the inside of the establishment.
A commercial industrial establishment wherein motor vehicles are dispatched from the premises to pick up, transport and drop off passengers or goods located off-site and return to the premises where they are stored when not in use.
A fence intended for the protection of tree(s) erected before construction at or outside of the dripline of the tree(s) being protected intended to indicate an area(s) that is not to be disturbed by construction, used for parking of vehicles or for the storage of materials in order protect the root zone of the trees.
Any tree that has a diameter of 20 or more inches or any tree which is a particularly impressive or unusual example of a species due to the size, shade, age or any other trait that epitomizes the character of the species.
A vehicle designed primarily to carry cargo and material.
See "bus or truck depot."
An establishment selling trucks, new and/or used.
See "motor truck freight terminal or truck terminal."
See "antenna, radio or TV."
See "amateur radio or TV tower." (See also "telecommunications tower.")
An attached residential building containing two two-family dwellings where each two-family dwelling contains two dwelling units occupied or intended to be occupied by two families each living independently of each other and with their own sleeping, sanitary and cooking facilities.
A detached residential building containing two dwelling units occupied or intended to be occupied by two families each living independently of each other and with their own sleeping, sanitary and cooking facilities.
See "dwelling unit."
See "college, university or theological seminary."
The specific purpose for which land, a building or a structure is designed or arranged or for which it is or may be occupied or maintained.
See "accessory use."
See "nonconforming use."
See "permitted use."
See "preexisting use."
See "principal use."
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
See "public or private utility."
Any substation owned or operated by a public or private utility for the transmission and/or distribution of electricity, gas, heat, steam, telephone and water.
Lands or buildings that are not actively used for any purpose.
See "area variance."
See "use variance."
Any coin-operated device for the selling of merchandise.
An office or hospital where animals are given medical care and the boarding of animals is limited to short-term care incidental to the principal use.
The conduct and operation of state regulated lottery games played on a video lottery terminal that issues electronic tickets, allows multiple players to participate in the same game, and determines winners to a material degree upon the element of chance.
See "amusement arcade or center or electronic game center."
See “audio, radio, video and television station and studio.”
Permission to depart from the requirements of this chapter with respect to the submission of required information or documents.
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
See "sign, wall."
An establishment used primarily for the storage of goods, products, cargo and materials and/or which receives, stores or distributes such goods or materials by boat, rail, air or motor vehicle.
An establishment which sells predominantly food and household merchandise at a discount to customers who are required to join and may be required to pay an annual fee and which contains a gross floor area in excess of 50,000 square feet. (See also "big-box retail store.")
An establishment or place of business engaged in the storage and selling of merchandise for or to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers, or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. The storage of construction vehicles and equipment shall be included in this definition. This shall exclude lumberyards, building supply and garden supply centers engaged in sales of such materials primarily to the public.
An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
The shortest distance between a lot line and a building. (See Illustration No. 15.)
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See "front yard."
See "rear yard."
See "required yard."
See "side yard."
See "side-front yard."
A specifically delineated area as shown on the Official Zoning Map of the City of Yonkers within which uniform regulations and requirements govern the use, placement, spacing and size of land and buildings.
An alteration of or addition to the text of the Zoning Ordinance or Zoning Map by the Yonkers City Council.
The Zoning Board of Appeals of the City of Yonkers.
The map or maps which are part of the Zoning Ordinance as set forth in § 43-12 of this chapter.
[1]
Editor's Note: Table 43-1 is included at the end of this chapter.
[2]
Editor's Note: Map B is included as an attachment to this chapter.
[3]
Editor's Note: The former definitions of "medical office" and "medical or dental clinic," which immediately followed this definition, were repealed 10-11-2011 by G.O. No. 3-2011.
[4]
Editor's Note: The definition of "research and testing laboratory," which immediately followed this definition, was repealed 10-12-2004. See now "testing laboratory."
§ 43-9 Definitional illustrations.
[Editor's Note: Illustration Nos. 1 through 26 are included in their applicable definitions in § 43-8.]