GENERAL ORDINANCE
By council president Collins-Bellamy, Majority Leader RubBo, MAJORITY WHIP ROBINSON, Minority Leader brEEN, council members Diaz, mErante, pineda isaac
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A general ordinance amending chapter 43-45 PLANNED MULTI-USE (PMD) DISTRICT of the code of the city of Yonkers, commonly known as the zoning ordinance
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The City of Yonkers, in the City Council convened, does hereby ordain and enact:
Section 1. Chapter 43 of the Code of the City of Yonkers is hereby amended by amending Section 43-45 entitled “Planned Multi-Use (PMD) District” to now read as follows:
§ 43-45 Planned Multi-Use (PMD) District.
[Added 12-9-2005 by G.O. 13-2005; amended 5-2-2006 by G.O. No. 5-2006]
A. Zoning objectives. The purpose of the PMD District is to provide for, and to foster, the comprehensive planning of large scale, integrated mixed-use commercial and high-density residential developments on tracts of 80 or more acres pursuant to an approved site plan.
B. Zoning Map amendments. The City Council may, pursuant to the provisions of Article XIII of the Zoning Ordinance (as supplemented by Subsection C of this § 43-45), amend the Zoning Map of the City of Yonkers to designate tracts to be included in the PMD District, provided that such designation shall be limited to tracts of at least 80 acres. Upon such designation and adoption, such tract shall become a "PMD tract" for all purposes of the Zoning Ordinance.
C. Petition for amendment.
(1) Any person making a petition to the City Council to amend the Zoning Map of the City of Yonkers to include additional lands in the PMD District shall, in addition to submitting such other documentation and information as may be required pursuant to Article XIII of the Zoning Ordinance, submit a site plan covering the entire tract sought to be included, drawn at an appropriate scale, together with a copy thereof on a single sheet measuring 11 inches by 17 inches, which complies with site plan requirements, and which includes, in addition to such requirements, the location and ownership (whether public or private) of all roads and drives proposed on the site.
(2) The site plan shall include a legend or a schedule setting forth:
(a) The aggregate maximum gross floor area and the finished floor elevation of the first floor of all buildings proposed for development in the PMD tract; and
(b) The proposed number and dimensions of required parking spaces for the PMD tract, in accordance with the provisions of Subsection G of this § 43-45.
(3) If and in the event that a PMD tract is so located as to be subject to the provisions of the Yonkers Affordable Housing Ordinance, Article XV of the Zoning Ordinance, and if the site plan for such PMD tract proposes multifamily development as that term is defined in § 43-193, then the site plan shall designate the total number of dwelling units proposed for development in the PMD tract.
D. Dimensional standards and requirements.
(1) The dimensional standards and requirements set forth in this Subsection D shall apply in the PMD District. Such standards and requirements shall apply to, run with, and bind, each PMD tract as a whole, notwithstanding that such PMD tract may be comprised of more than one lot or parcel of land as those terms are defined in § 43-8 of the Zoning Ordinance, and that a PMD tract may, from time to time, in the course of development or following development, be subdivided, resubdivided, traversed by public or private roads or streets, conveyed in separate ownership, leased, converted to condominium ownership, or otherwise divided.
(2) For the purpose of determining floor area ratios as well as for all other computations requiring a determination of the area of the PMD tract, such area shall be fixed and determined as of the date of adoption by the City Council of a Zoning Map Amendment pursuant to Subsection B of this § 43-45, designating a PMD tract included in the PMD District, and shall include the entire area of the PMD tract. The area of a PMD tract shall include all land areas and all areas of streams or water bodies lying within the boundaries of the PMD tract, including areas proposed to be offered to the City of Yonkers for dedication, but shall exclude any existing public streets abutting or crossing the PMD tract. The area of a PMD tract shall not be deemed to have been reduced or diminished:
(a) By the subsequent inclusion or creation therein of public rights-of-way, parkland, or other public lands;
(b) Upon the taking of any portion thereof by eminent domain or otherwise; or
(c) By operation of any ordinance, rule, or regulation (whether now in effect or hereafter adopted) of the City of Yonkers providing for subtraction of wetlands, slopes, or other environmentally sensitive lands in the determination of land area.
(3) Table 43-3, Schedule of Dimensional Regulations, and Subsection D of § 43-41, Subsection F of § 43-43, Subsection B of § 43-74, and Subsection B of § 43-151, of the Zoning Ordinance shall not apply in the PMD District.
(4) All determinations relating to setbacks, building coverage, floor area ratios, and parking and loading requirements in the PMD District shall be made with reference to the boundaries of the PMD tract, and treating the PMD tract as a single lot, notwithstanding that the PMD tract may constitute more than one lot or parcel, or that the PMD tract may be, or may have been, divided in accordance with the provisions of Subsection I of this § 43-45; or that one or more public streets may be established in, or traverse, the PMD tract.
(5) Dimensional requirements in the PMD District shall be as shown on the site plan with respect to a PMD tract, subject, however, to the following limitations on bulk and height:
(a) The maximum floor area ratio shall be 1.6. The term "gross floor area" as applied in the PMD District, shall not include the floor area of:
[1] Any floor or portion thereof used for parking; or
[2] Any area used exclusively for the storage of goods or equipment incidental to a retail use; or
[3] Any external terrace or walkway at least one side of which is open and not enclosed by a full-height wall, irrespective of whether such terrace or walkway is at or above ground level, and whether or not the same is roofed or otherwise covered.
(b) The maximum permitted height for all nonresidential uses (excluding hotels) shall be no more than seven stories or 90 feet, whichever is the greater, measured from the finished floor elevation of the first floor of each building as shown on the site plan.
(c) The maximum permitted height for all residential uses and hotels shall be no more than 16 stories or 180 feet, whichever is the greater, measured from the finished floor elevation of the first floor of each building as shown on the site plan.
(d) In the case of any mixed-use building (that is, a building proposed for both residential and nonresidential uses) such building shall, for the purpose of determining the applicable maximum permitted height, be considered a residential building if at least 20% of the gross floor area of the building including and above the first floor thereof (and excluding parking) is dedicated to residential uses, and otherwise shall be considered a nonresidential building.
(e) In determining building height in the PMD District, the exclusions provided in Subsection O of § 43-33 shall apply. In addition, roof- mounted mechanical equipment, including solar collectors, and the structures supporting such equipment, and decorative architectural features (such as clock towers) which may be constructed over, or project from, a building but which do not increase its interior volume, shall be excluded from the determination of building height. Any floor used solely for parking or to house mechanical equipment, or a combination of parking and mechanical equipment, shall not be considered a story.
[Amended 2-9-2021 by G.O. No. 3-2021]
(f) The maximum building coverage shall be 50%.
E. Uses subject to site plan approval. All uses permitted in the PMD District shall be subject to site plan review and approval pursuant to the provisions of Article IX of the Zoning Ordinance.
(1) The initial or subsequent site plan submitted for the development or modification of a PMD tract may include all or a portion of the PMD tract. Any site plan amendment required pursuant to § 43-111 of the Zoning Ordinance shall be limited to include only so much of the PMD tract as shall be affected by such amendment.
(2) As respects the application of § 43-110 (Occupancy prior to completion) of the Zoning Ordinance, recognizing the scope of development contemplated in the PMD District and the necessity to phase such development over a period of time, if the Commissioner of the Department of Housing and Buildings determines that any building or group of buildings, or any use, in the PMD tract is substantially complete, that it meets the requirements of all applicable building, fire, and life safety codes and ordinances, and that safe and adequate access has been provided to such building, group of buildings or use, the Commissioner of Housing and Buildings may issue a permanent certificate of use and occupancy with respect to any such building, group of buildings, or use notwithstanding that remaining elements of the approved site plan have not been commenced or completed.
(3) The provisions of § 43-112 of the Zoning Ordinance shall not apply in the PMD District. An approved site plan for a PMD tract shall expire if construction of site improvements or buildings does not commence within 48 months after final approval of such site plan, and if construction of the foundation of at least one building shown on the site plan is not completed within said period of time. Prior to the expiration of the site plan approval, an extension of the site plan may be provided by the Planning Board. The Planning Board may grant up to three (3) extensions with each extension for a period of up to one (1) year, provided that the circumstances or conditions upon which such original approval was based has not substantially changed. Any site plan application for which all applicable and available extensions have already been granted shall be considered a new application.
F. Uses subject to supplemental requirements.
(1) To the extent that any use permitted in the PMD District is designated in Table 43-1 as being permitted with supplemental requirements (Ps), the supplementary use and dimensional regulations set forth in Article VI shall, in the PMD District, serve as guidelines only, and shall not be mandatory.
(2) The provisions of Subsection C of § 43-34, Subsection K of § 43-36, Subsection A of § 43-43, Subsection C(2) through (4) of § 43-43, § 43-44, Subsection I(1) and (2) of § 43-74, and Subsection D(4) of § 44-43, shall not apply in the PMD District.
G. Off-street parking and loading.
(1) The provisions of Article X (Off-Street Parking and Loading) of the Zoning Ordinance shall, with the exception of the first sentence of §§ 43-127, 43-134A(1), and 43-128 through 43-130, and as modified in this Subsection G, apply in the PMD District; provided, however, that the PMD tract shall, for purposes of Article X, constitute a single lot, and provided further that consistent with the objectives of the PMD District to provide for integrated mixed-use commercial and residential development, and recognizing that the cycles of peak use of required parking facilities vary with respect to different uses, the total number of required parking spaces within a PMD tract shall be as shown on the site plan for such PMD tract.
(2) Whenever, pursuant to this § 43-45, the Planning Board approves a site plan for a PMD tract, the Planning Board shall, based upon a showing of the variety of uses proposed for a PMD tract and the varied cycles of peak intensity of such uses, determine the total number of parking spaces required to safely and adequately serve the PMD tract, which total number may be less than that which would be required if the parking requirements for all uses in the PMD tract were determined separately.
(3) All parking spaces and loading spaces provided in a PMD tract shall be deemed "off-street parking spaces and off-street loading spaces" for purposes of all requirements of the Zoning Ordinance, notwithstanding that such parking spaces and loading spaces may be provided on public or private streets or roads within the PMD tract, subject only to the requirement that such parking spaces and loading spaces lie entirely within the PMD tract, and that such spaces are not so located as to obstruct the safe flow of traffic.
(4) Any provision of § 43-134 notwithstanding, in a PMD tract where parking is parallel to a curb or along the wall of a building, spaces shall be eight feet wide by 20 feet long for all spaces.
H. Signs.
(1) In keeping with the mixed-use nature of the PMD tract, and for the purpose of fostering the orderly commercial development thereof and the flow of traffic and pedestrians therein, certain restrictions and limitations on the erection and display of signs set forth in Chapter 47 shall not apply to internal signs or to external wall signs. "Internal signs" shall mean those signs which identify businesses, advertise goods and services, or provide directional information within the PMD tract, and which are not visible (or are only occasionally or incidentally visible) from outside the PMD tract, as set forth below. "External wall signs" shall mean those signs which identify businesses within the PMD tract, and which are set back a minimum of 200 feet from the closest residence that is not in the PMD tract.
(2) The provisions of §§ 47-7, 47-8C, 47-8E, and 47-13A, B(1), and (2) of the Code of the City of Yonkers shall not apply to internal signs in the PMD tract. Further, any provision of § 47-7C(6) to the contrary notwithstanding, the maximum height of an external wall sign shall be 10 feet.
(3) As respects § 47-13B(3) of the Code of the City of Yonkers, the one-thousand-foot limiting distance from a public park shall not apply to internal signs as measured from a public park that is not in the PMD tract. Further, any provision of § 47-13 to the contrary notwithstanding one roof sign and one wall sign (neither of which need be an internal sign) identifying by name the project developed in the PMD tract, may be erected in the PMD tract. Such single roof or wall sign shall not be subject to the dimensional limitations set forth in § 47-7D(6).
(4) As used in § 43-8 of the Zoning Ordinance, the term "premises" shall be deemed to include the entire PMD tract.
(5) Notwithstanding any contrary provision of § 47-7J of the Code of the City of Yonkers, the term "billboard" shall not include the display of outdoor advertising by means of pasting or painting posters, pictures, or reading material, or any combination thereof, on or within a bus shelter, kiosk, news rack, or similar advertising panel structure erected, installed, or maintained in a PMD tract.
(6) As used in §§ 47-7A(8) and 47-7B(2) of the Code of the City of Yonkers, the term "corporation or enterprise" shall refer to each separate store, service establishment, or other business, located in the PMD tract. Further, the PMD tract itself shall, for the purposes of these subsections, be considered a "corporation or enterprise" and each entrance thereto shall be considered a "location."
(7) Directional signs and street name signs erected within the PMD tract for the purpose of directing pedestrians and/or motorists to specific streets, locations, or businesses in the PMD tract may be placed as required subject to site plan review and/or the determination of the City of Yonkers Traffic Engineer and shall not be limited in number pursuant to §§ 47-7A(8) and 47-7B(2) notwithstanding that such signs may constitute "ground signs" or "pole signs" as limited in those subsections.
(8) With respect to each entrance from a public street to and within the PMD tract, in addition to such signs as may otherwise be allowed pursuant to Chapter 47 of the Code of the City of Yonkers, four signs each not exceeding 100 square feet in total area per sign face and not more than 35 feet in height, which set forth the name of the project or development constituting the PMD tract, as well as one sign at each such entrance containing a directory of the various businesses and uses within the PMD tract, each not exceeding 100 square feet in total area and not more than 20 feet in height, may be erected, either within the PMD tract, or outside the PMD tract (and outside the PMD District) adjacent to a public street providing access to the PMD tract.
I. Subdivision of PMD tract. A PMD tract may, for purposes of dedication, the creation of public roads and rights-of-way, sale, lease, mortgage, or other disposition or financing, be subdivided or re-subdivided, converted to condominium or cooperative ownership, or otherwise divided into lots, parcels, tracts and may be sold, leased, mortgaged, or otherwise alienated or encumbered, without regard to any minimum lot area or to any other dimensional or bulk requirement or development control set forth in this § 43-45 or elsewhere in the Zoning Ordinance, and any such action shall not be deemed to constitute or to create a "Subdivision" as that term is defined is § 46-1 of the City of Yonkers Code provided, however, that all lots, parcels or tracts so created shall be developed and used only in accordance with the site plan for such PMD tract or, if final site plan approval has been granted with respect to a PMD tract, in accordance with such approved site plan. Upon application to the Tax Assessor of the City of Yonkers by the owner, lessee, or mortgagee of a lot, parcel or tract (including, without limitation, a condominium unit) created pursuant to this Subsection I, the Tax Assessor shall assign tax lot designations to any and all lots, parcels or tracts created pursuant hereto, notwithstanding that such lots, parcels or tracts may not otherwise meet dimensional or bulk requirements or development controls provided in any law, ordinance, rule or regulation of the City of Yonkers.
J. Affordable housing. If and to the extent that a PMD tract is so located as to be subject to the Yonkers Affordable Housing Ordinance, Article XV of the Zoning Ordinance, and includes multifamily development, as that term is defined in § 43-193, then such multifamily development shall comply with the provisions of Article XV for so long as such Article XV shall remain in effect pursuant to the provisions of § 43-192 subject, however, to the following:
(1) As respects the application of § 43-195, if the site plan for the PMD tract proposes development, in the aggregate, of more than 500 multifamily units, then any provision of § 43-195 to the contrary notwithstanding, the provisions of Subsection B of §43-195 shall apply to the PMD tract, and the required set-aside of assisted units shall be reduced to 10% of the maximum aggregate number of multifamily units authorized for construction in such PMD tract.
Section 2. This ordinance shall take effect immediately.