GENERAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA-ISAAC, DIAZ AND HODGES:
A GENERAL ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF THE CITY OF YONKERS ENTITLED “ZONING” BY AMENDING SECTION 43-33(J)(2) OF THE ZONING ORDINANCE OF THE CITY OF YONKERS AS IT RELATES TO FRONT YARD SETBACKS FOR THROUGH LOTS AS DEFINED IN THE CODE
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Section 1. Recitals
a) The City of Yonkers is home to a great diversity of residential property types that all have their own unique set of attributes and challenges.
b) The Yonkers City Code serves to guide and direct the orderly development, maintenance and management of all of these properties to promote the interests of health, safety and welfare.
c) “Through lots”, defined in the Code as lots that have frontage on two (2) different streets, are one such property type.
d) Section 43-33(J)(2) of the Code exists to address the challenges of planning for the development of such properties.
e) However, over the years, as a practical matter this section of the Code has inadvertently created confusion, ambiguity and inconsistency in its application thereby resulting in the need for property owners to incur the time, cost and uncertainty of applying for interpretations and variances from the Zoning Board of Appeals in order to develop their properties.
f) For that reason from time to time, the City reevaluates the Code and its application to determine whether the existing standards continue to meet their intended objectives in an efficient and predictable manner.
g) At this time it appears that amending the Code as described below will promote the efficient and consistent development of the unique “Through Lots” spread throughout the City.
h) Towards that end, on June 9, 2026 the City Council adopted a resolution (Res. 117-26) indicating its intent to act as Lead Agency under the State Environmental Quality Review Act (SEQRA), determining that this Zoning Text Amendment is a Type I action under SEQRA and referring the Zoning Text Amendment to the Westchester County Planning Board pursuant to section 239m of the General Municipal Law.
i) Additionally, pursuant to the section 143-65 of the Code on June 24, 2026 the City Council conducted a Public Hearing.
j) On September 15, 2026, the City Council adopted a Negative Declaration Resolution (Res. ___-26) pursuant to the State Environmental Quality Review Act (SEQRA), determining that the Proposed Action will not result in any significant adverse environmental impacts and that the preparation of an Environmental Impact Statement is not required, thereby concluding the review process under SEQRA.
Section 2. ZONING ORDINANCE AMENDMENTS:
A. § 43-33(J)(2) of the Code of the City of Yonkers entitled “Front Yards” is hereby amended by adding the underlined language to said section as follows:
§43-33
J. Front yards.
(2) In any residence district where 25% of a block frontage is improved with buildings of the same type, the front yard of a building shall be required to exceed the minimum dimension prescribed in Table 43-3[1] <https://ecode360.com/15114442> for such district if the average alignment of the two nearest buildings exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 15 feet the minimum permitted front yard prescribed in Table 43-3[2] <https://ecode360.com/15114442> for the district in which such building is situated. In a one-family district and a two-family district, however, where 25% of a block frontage is improved with buildings of the same type and the front yard of such buildings is less than the minimum dimension prescribed in the Schedule of Dimensional Regulations (Table 43-3[3] <https://ecode360.com/15114442>) for such districts, the front yard shall be permitted to extend to such average alignment.
For a through lot, the average front yard alignment requirement of §43-33 J(2) shall apply only to the functional front yard - defined as the street frontage toward which the primary entrance of the two nearest buildings are oriented - and shall not apply to the nominal front yard - defined herein as not the functional front yard. The nominal front yard of a through lot shall be required to provide only the minimum front yard as prescribed in Table 43-3(1) for the applicable district, without regard to the average alignment of adjacent buildings.
Section 3.
If any section, subdivision, sentence, clause, phrase, or other portion of this Ordinance is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such constitutionality or invalidity shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.
Section 4.
This Ordinance shall take effect immediately.