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What is NYC ZR § 78-231?

Quick Answer

This section allows for the authorization of accessory swimming pools by the City Planning Commission, even if they are not on the same zoning lot as the principal use. The pools must meet specific location and usage requirements, primarily serving residents and their guests. Applies to developers of large-scale residential projects.

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

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§ 78-231 Accessory swimming pools

ZR § 78-231

Swimming pools may be authorized by the City Planning Commission as accessory uses even though not located on the same zoning lots as the principal uses to which they are related, provided that:

(a)any such swimming pool is located in a common open space area and as a part of such area meets all the requirements set forth in Section 78-52 (Common Open Space);

(b)the use of such swimming pool is restricted to the residents of the large-scale residential development or portion thereof served by such common open space, and their guests;

(c)the edge of such swimming pool is located not less than 50 feet from any lot line on the periphery of the large-scale residential development, and is suitably screened from other areas on the same or adjacent zoning lots; and

(d)such swimming pool complies in all other respects with the definition of accessory use as set forth in Section 12-10 (DEFINITIONS).

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