ACCESSORY USE, OR ACCESSORY

An ACCESSORY USE:

(a) is a USE conducted on the same ZONING LOT as the principal USE to which it is related (whether located within the same or an ACCESSORY BUILDING OR OTHER STRUCTURE, or as an ACCESSORY USE of land), except that, where specifically provided in the applicable district regulations or elsewhere in this Resolution, ACCESSORY docks, off-street parking or off-street loading need not be located on the same ZONING LOT; and

(b) is a USE which is clearly incidental to, and customarily found in connection with, such principal USE; and

(c) is either in the same ownership as such principal USE, or is operated and maintained on the same ZONING LOT substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal USE.

When ACCESSORY is used in the text, it shall have the same meaning as ACCESSORY USE.

An ACCESSORY USE includes:

(1) Living or sleeping accommodations for servants in connection with a USE listed in Use Groups 1 and 2;

(2) Living or sleeping accommodations for caretakers in connection with any USE listed in Use Groups 3 through 18 inclusive, provided that:
(i) no BUILDING contains more than one living or sleeping accommodation for caretakers;
(ii) no such living or sleeping accommodation shall exceed
1,200 square feet of FLOOR AREA;
(iii) the owner shall sign a Restrictive Declaration that any such caretaker will provide maintenance and/or repair services, and containing a list of services to be performed by such caretaker. Such Restrictive Declaration shall be recorded in the Office of the City Register, or, where applicable, the County Clerk's Office, of the county where the BUILDING is located.
A copy of such declaration shall be provided to the Department of Buildings; and
(iv) in C6-2M, C6-4M, M1-5M, M1-6M, M1-5A, M1-5B Districts and the SPECIAL TRIBECA MIED USE DISTRICT, no living or sleeping accommodation for caretakers is permitted
in any BUILDING which contains a RESIDENTIAL USE or a JOINT LIVING-WORK QUARTERS FOR ARTISTS.

(3) Living or sleeping accommodations in connection with COMMERCIAL or MANUFACTURING USES, including living or sleeping accommodations in connection with a studio listed in Use Group 9, provided that:
(i) no BUILDING contains more than two kitchens; and
(ii) no such living or sleeping accommodations are located in a C7, C8 or MANUFACTURING DISTRICT.

(4) Keeping of domestic animals, but not for sale or hire. A commercial stable or kennel is not an ACCESSORY USE.

(5) Swimming pools not located within a BUILDING listed in Use Group 1 or 2, provided that:
(i) the USE of such pools shall be restricted to occupants of the principal USE and guests for whom no admission or membership fees are charged;
(ii) if ACCESSORY to a USE listed in Use Group 2, except if such USE is a SINGLE-FAMILY or TWO-FAMILY RESIDENCE, the edge of the pool shall be located not less than 100 feet from any LOT LINE;
(iii) if ACCESSORY to a USE listed in Use Group 1 or Use Group 2, which USE is a SINGLE-FAMILY RESIDENCE or TWO-FAMILY RESIDENCE, the edge of the pool shall be located not less than 5 feet from any LOT LINE, except that such minimum distance between the edge of the pool and any SIDE LOT LINE may be not less than 3 feet in the case of lots less than 25 feet in width, providing that it is screened from adjoining lots by a 6 foot high continuous solid opaque fence along the SIDE LOT LINE adjacent to such pool. In the event that such pool is located between 50 and 5 feet from any REAR LOT LINE or SIDE LOT LINE, it shall be screened by a continuous fence supplemented with a strip of densely planted trees or shrubs at least four feet high at the time of planting along such REAR LOT LINE to such pool; and
(iv) illumination of such pools shall be limited to underwater lighting.

Swimming pool clubs are not ACCESSORY USES.

(6) Domestic or agricultural storage in a barn, shed, tool room, or similar BUILDING OR OTHER STRUCTURE

(7) HOME OCCUPATIONS.

(8) A newsstand primarily for the convenience of the occupants of a BUILDING, which is located wholly within such BUILDING and has no exterior SIGNS or displays.
STREET
(9) Incinerators.

(10) In connection with COMMERCIAL or MANUFACTURING USES, the storage of goods normally carried in stock, used in, or produced by such USES, unless the storage is expressly prohibited under the applicable district regulation. The FLOOR AREA used for such ACCESSORY storage shall be included in the maximum FLOOR AREA permitted for specified USES set forth in the Use Groups.

(11) Incidental repairs, unless expressly prohibited under the applicable district regulations. The FLOOR AREA used for such ACCESSORY repairs shall be included in the maximum FLOOR AREA permitted for specified USES set forth in the Use Groups.

(12) The removal for sale of sod, loam, clay, sand, gravel, or stone in connection with the construction of a BUILDING OR OTHER STRUCTURE on the same ZONING LOT, or in connection with the regrading of a ZONING LOT, but in the latter case not below the legal STREET grade.

(13) ACCESSORY off-street parking spaces, open or enclosed.

(14) ACCESSORY off-street loading berths.

(15) ACCESSORY SIGNS.

(16) ACCESSORY radio or television towers.

(17) ACCESSORY activities when conducted underground as part of the operation of railroad passenger terminals, such as switching, storage, maintenance, or servicing of trains.

(18) ACCESSORY sewage disposal plants except such plants serving more than 50 DWELLING UNITS.

(19) An ambulance outpost operated by or under contract with a government agency or a public benefit corporation and located either on the same ZONING LOT as, or on a ZONING LOT adjacent to a ZONING LOT occupied by, a fire or police station.

(See also 1968 Building Code deifinition of ACCESSORY USE)