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Building Setbacks & Zoning

How Yonkers Handles Building Setbacks & Zoning: A Practical Guide

By CityRuleLookup Editorial Team

Yonkers maintains 128 local ordinances across all categories, and 3 of those deal specifically with building setbacks & zoning. Here is a breakdown of what the city actually requires, what is prohibited, and where Yonkers falls on the strict-to-permissive spectrum compared to other cities.

Setback Rules

When a Yonkers residential lot is narrower than 50 feet or shallower than 100 feet, required side and rear yards shrink proportionally, but City Code § 43-33K and § 43-33L set hard floors: no side yard may drop below 3 feet and no rear yard may drop below 15 feet, no matter how substandard the lot.

Key details: Absolute minimum side yard: 3 feet, any lot. Absolute minimum rear yard: 15 feet, any lot. Side yard reduction: 1.5 in. per foot under 50 ft wide. Rear yard reduction: 3 in. per foot under 100 ft deep. Side yard rule caps at: 2.5 stories or 35 feet.

Building outside even the reduced, floor-protected setback violates the Zoning Ordinance: § 43-153 makes it a Class II offense under City Code § 1-21, carrying a fine of $100 to $5,000 or up to 15 days in jail, plus a civil penalty of $250 to $5,000. The Commissioner of Housing and Buildings can refuse a certificate of occupancy, issue a stop-work order under § 43-154, and the Corporation Counsel may seek an injunction to force a noncompliant structure to be altered or removed.

Lot Coverage Limits

Yonkers limits how much of a residential yard accessory buildings and structures can cover, not just how tall or how far back they sit. Under Section 43-40D(2), the combined footprint of sheds, garages, and other accessory structures on one lot cannot exceed 60% of the rear yard, 60% of each side yard, or 75% of the rear and side yards combined.

Key details: Accessory coverage cap: 60% of rear yard, 60% of each side yard. Combined rear+side cap: 75% when added together. District-wide coverage table: Table 43-3, attachment not in this export. Places of worship coverage: 40% residential, 60% other districts. Violation class: Class II offense, Section 43-153A.

Exceeding the accessory-structure coverage cap, or building a shed or garage without the required Housing and Buildings permit, is enforced as a zoning violation under Section 43-153, a Class II offense carrying a fine of $100 to $5,000 or up to 15 days in jail under Section 1-21A(2). The Commissioner can also refuse to issue or can revoke a certificate of occupancy for a lot that does not conform, and Corporation Counsel may seek a court injunction to force removal under Section 43-154.

Structure Height Limits

Detached single- and two-family homes in every Yonkers residential district face a hard cap: no exposed wall may rise more than 35 feet from finished grade to the eave, and an inwardly sloping 45-degree side setback plane kicks in 20 feet up. The Department of Housing and Buildings enforces both under City Code § 43-34H.

Key details: Max exposed wall height: 35 feet, grade to eave. Side setback plane starts: 20 feet above setback line. Plane angle: 45 degrees, inward slope. Wall articulation required: over 15 feet tall. Enforcing agency: Dept. of Housing and Buildings.

A wall or setback plane that misses these limits blocks the certificate of occupancy: § 43-151 conditions every building permit on Housing and Buildings sign-off, and § 43-153 makes any Zoning Ordinance violation a Class II offense, punishable under City Code § 1-21 by a fine of $100 to $5,000 (or up to 15 days in jail) plus a civil penalty of $250 to $5,000. The Commissioner can also issue a stop-work order under § 43-154, and the Corporation Counsel may sue for an injunction.

The Bottom Line

Yonkers's building setbacks & zoning rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Yonkers is broadly strict or permissive.

Keep in mind that Yonkers can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.