Yonkers regulates accessory dwelling units as 'accessory apartments' under Chapter 43 (Zoning) of the City Code, with supplemental standards in Article VI (Sections 43-40 and 43-41). Accessory apartments are an Article VII special use requiring Planning Board review and approval. A building permit and a separate certificate of occupancy must be issued by the Department of Housing and Buildings before lawful occupancy.
Yonkers Chapter 43 (adopted Sept. 19, 2000 by Ordinance No. 4-2000) treats an accessory apartment as a special use, not a by-right use. Applications go to the Planning Board through the Department of Housing and Buildings at 87 Nepperhan Avenue. The Planning Board has 62 days from a completed application to approve, approve with modifications, or disapprove, after applying the Article VII standards in 43-60 and the use-specific supplemental standards. Limits codified in the supplemental regulations include no more than one accessory apartment per lot, no more than two bedrooms in the unit, and at least two off-street parking spaces on the lot. The state has not enacted a statewide ADU mandate - 2024 bill A4854 was introduced but did not pass - so Yonkers's local restrictions remain in force. All construction must comply with the New York State Uniform Fire Prevention and Building Code adopted at 19 NYCRR Parts 1219-1228 (the 2020 BCNYS and FCNYS), including egress, smoke and CO alarms, and the New York State Energy Conservation Construction Code. Older accessory apartments lawfully established before adoption of the current chapter and holding valid certificates of occupancy may continue as legal nonconforming uses.
Building or occupying an accessory apartment without a Planning Board special use approval, building permit, and certificate of occupancy violates Chapter 43 and the New York State Uniform Code. The Department of Housing and Buildings can issue stop-work orders, civil penalties, and orders to vacate. Code Enforcement may refer cases to the Corporation Counsel for prosecution under Article XII. Unpermitted electrical, plumbing, or gas work commonly voids homeowner insurance and creates life-safety risk for occupants.
Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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See how Yonkers's adu permits rules stack up against other locations.
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