Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 74-133?

Quick Answer

This section allows the City Planning Commission to permit non-commercial outdoor swimming pool clubs in Residence Districts under specific conditions, such as location, traffic impact, and parking requirements. The statute aims to minimize adverse effects on the surrounding residential neighborhoods. Applies to operators of non-commercial swimming pool clubs.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 74-133 Swimming pool clubs or certain non-commercial clubs

ZR § 74-133

In all Residence Districts, the City Planning Commission may permit a non-commercial outdoor swimming pool club, or any non-commercial club with an outdoor swimming pool located less than 500 feet from any lot line, provided that the following findings are made:

(a)that such use is so located as not to impair the essential character or future use or development of the nearby residential neighborhood;

(b)that such use is so located as to draw a minimum of vehicular traffic to and through local streets;

(c)that such use has adequate reservoir space at the vehicular entrance to prevent the congestion of automobiles on the streets;

(d)that in R1, R2, R3 or R4 Districts, the pool or any accessory facilities affixed to the land are not located closer than 100 feet or, in the case of an accessory outdoor tennis court, such tennis court shall not be closer than 20 feet, to any side or rear lot line coincident with a side or rear lot line of an adjoining zoning lot in a Residence District, and not located closer than 50 feet to any street line, and that any planned temporary enclosure such as an air-supported structure be indicated on the plans submitted with this application, and in no event shall such a structure be located closer than 50 feet from any street or lot line, if such a structure is planned subsequent to the approval of the special permit, then an amended application subject to the same approvals of this Section shall be submitted; and

(e)that for every 200 square feet of lot area used for the pool and its accessory facilities, one accessory off-street parking space is provided.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or the hours of operation, or requirements for shielding of floodlights, screening or surfacing of all access roads or driveways.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters