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Tuxedo City Zoning Code

ARTICLE III

Establishment of Zoning Districts

§ 98-5 Establishment; purpose.

Zoning districts established. In order to fulfill the purposes of this Zoning Chapter, the Town of Tuxedo is hereby divided into the following zoning districts (sometimes referred to herein as "district"), as shown on the Zoning Map, for the purposes indicated below:
District Type:
Symbol
Title
Open Space Districts:
SR
Special Recreation
C
Conservation
Residential Districts:
R-1
Low-Density Residential
R-2
Low-Medium-Density Residential
R-3
Medium-Density Residential
R-4
Medium-High Density Residential
S-HR
Southfields-Hamlet Residential
Mixed-Use Districts:
T-TC
Tuxedo - Town Center
NB
Neighborhood Business
Nonresidential Districts:
S-HB
Southfields — Hamlet Business
GB
General Business
RO
Research Office
LIO
Light Industry Office
TB
Tourism Business
Overlay:
PID-O
Planned Integrated Development Overlay
Floating:
MU
Mixed-Use
A. 
Special Recreation (SR). The Special Recreation zoning district encompasses primarily public parkland, trails, and recreational areas that are used for open space and passive recreational purposes. The zoning district allows uses that are consistent with open space and recreational lands.
B. 
Conservation (C). Consistent with the comprehensive plan, the Conservation District is limited primarily to very-low-density open-space-related nonresidential uses as the land is environmentally constrained and distant from Town community facilities and services. Said lands are not conducive to intense development. Adaptive reuse of existing historic structures is encouraged, and nonresidential uses are allowed that are consistent with the rural character of this area.
C. 
Low-Density Residential (R-1). The Low-Density Residential Zoning District encompasses lands that are intended to remain primarily as open space or in low-density single-family detached residential use given its distance from community facilities and services, and the usual lack of public water or sewer services.
D. 
Low-Medium-Density Residential (R-2). The Low-Medium-Density Residential Zoning District is intended to be developed primarily with medium-density single-family detached residential dwellings, community facilities intended to serve these neighborhoods, and a limited range of nonresidential uses that are generally consistent with a residential neighborhood. The R-2 district may be served by public water and/or sewer services.
E. 
Medium-Density Residential (R-3). The Medium-Density Residential Zoning District encompasses smaller-lot residential neighborhoods within the hamlet areas which are either served by public water and/or sewer or are intended to be served by public water and/or sewer. The R-3 district is primarily within or in close proximity to the Town's existing hamlets and accommodates a greater mix of housing types than other zoning districts in the Town.
F. 
Medium-High Density Residential (R-4). The Medium-High Density Residential Zoning District encompasses the Town's residential neighborhoods that allow a mix of single-family detached, single-family attached, two-family and multifamily dwellings and are served primarily by public water and/or sewer or are planned to be served by public water and/or sewer.
G. 
Southfields-Hamlet Residential (S-HR). The Southfields-Hamlet Residential district encompasses pre-existing small-lot, single-family residential enclaves in the Southfields hamlet. The intent of the district is to protect the existing single-family residential character of these enclaves, while not increasing the density of residential uses in these areas, where central sewer and water service is unavailable.
H. 
Tuxedo-Town Center (T-TC). The Tuxedo-Town Center district encompasses properties within the central business district of the Tuxedo hamlet. The district will allow a range of nonresidential and residential uses that serve the Town of Tuxedo population. The Town Center district is intended to effectuate, and is guided by, the Town Center study contained in the Town of Tuxedo Comprehensive Plan. Consistent with the Town Center Study, the Town Center is designed to encourage and accommodate a unified, compact, contiguous shopping and entertainment area focused around restaurants and retail shops. This area is intended for development that preserves and enhances the historically significant buildings that exist in the hamlet. These stores in combination with residential and public uses should provide daily and weekly convenience shopping for the area. The Town Center is designed to accommodate social and cultural events and gatherings.
I. 
Southfields-Hamlet Business (S-HB). The Southfields-Hamlet Business district encompasses properties within the Southfields hamlet. The intent of the district is to renew and revitalize the Southfields hamlet by allowing a variety of nonresidential uses that encourage revitalization of the hamlet.
J. 
Neighborhood Business (NB). The Neighborhood Business Zoning District is intended to serve the limited local retail and service commercial needs of the residential neighborhoods in proximity to same.
K. 
General Business (GB). The General Business Zoning District encompasses properties that are located with frontage on, or in close proximity to, Route 17. These properties are isolated and scattered along Route 17 and are intended to be developed for a range of nonresidential uses that benefit from their location on a major highway corridor.
L. 
Research Office (RO). The Research Office Zoning District encompasses properties generally that have been developed with campus-like nonresidential uses or are vacant and intended to be developed with campus-like nonresidential settings. The intent of this district is to preserve and protect the Town's taxable and employment base by allowing nonresidential uses exclusively.
M. 
Light Industry Office (LIO). Similar to the RO district, the Light Industry Office Zoning District encompasses properties that have generally been developed with campus-like nonresidential uses or are vacant and intended to be developed with campus-like nonresidential settings. The intent of this district is to allow light industrial and other uses in a manner which still preserves and protects the Town's taxable and employment base by allowing nonresidential uses exclusively.
N. 
Tourism Business (TB). The Tourism Business Zoning District encompasses properties primarily with frontage on Route 17A located centrally within the Town of Tuxedo and Sterling Forest State Park. The purpose of this zone is to promote economic development by allowing nonresidential uses, and to promote uses which reinforce and complement recreational activities conducted within the state park system.
O. 
Planned Integrated Development Overlay (PID-O): This overlay zone encompasses properties that are included in any Planned Integrated Development special use permit approved by the Town Board.
P. 
Mixed-Use (MU) Floating Zone: This floating zone is intended to allow mixed-use residential and nonresidential developments on parcels which are adequately serviced by transportation and utility infrastructure, and which can be designed as traditional small mixed-use neighborhoods where the Town Board, in its discretion, determines these uses are appropriate.

§ 98-6 Zoning Map.

A. 
Zoning Map. The boundaries of the zoning districts are hereby established as shown on the "Zoning Map of the Town of Tuxedo, Orange County, New York," dated June 2021, hereinafter referred to as "Zoning Map," certified by the Town Clerk as adopted by the Town Board of the Town of Tuxedo. The Zoning Map, together with all explanatory matter shown thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of this Zoning Chapter. A copy of the Zoning Map shall be kept in the offices of the Town Clerk and Code Enforcement Officer and shall be made available for review by the public.
B. 
Base zoning districts. All zoning districts are deemed base zoning districts, except for the Planned Integrated Development Overlay, which is deemed an overlay district as per Subsection C below, and the Mixed-Use Floating Zone, which shall be applied to a property only upon the approval of a zoning map amendment by the Town Board.
C. 
Planned Integrated Development Overlay (PID-O). This overlay zone includes those properties for which a Planned Integrated Development special use permit is approved. Any PID that obtains a special use permit shall be designated as being contained in the PID-O overlay district and allowed in accordance with the specific provisions set forth in the approved special use permit.

§ 98-7 District boundaries.

In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A. 
Where a district boundary is indicated as approximately following the center line of a street, highway, watercourse or railroad right-of-way, or such line extended, such center line shall be construed to be such boundary.
B. 
Where a district boundary is indicated as approximately following the Town of Tuxedo boundary line, a property line, or a lot line, the district boundary shall be construed to be coincident with such boundary, property or a lot line.
C. 
Where a district boundary is so indicated that it is approximately parallel to the Town of Tuxedo boundary line, a property line, a lot line, a right-of-way line or projections thereof, said boundary shall be construed as being parallel thereto and at such distance as indicated on the Zoning Map or as shall be determined by use of the scale shown on the Zoning Map.
D. 
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
E. 
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.

§ 98-8 Effect of establishment of districts; adoption of law.

A. 
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this Zoning Chapter for the district in which such building or land is located.
B. 
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C. 
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this Zoning Chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all provisions of this Zoning Chapter or required variances obtained.
D. 
Nothing contained in this Zoning Chapter shall require any change in the plans, construction or designated use of a building complying with local laws in force prior to this Zoning Chapter, if the following is found to exist:
(1) 
A building permit or certificate of occupancy shall have been duly issued before the effective date of this Zoning Chapter; and
(2) 
Where construction is involved, construction shall have commenced prior to the effective date of this Zoning Chapter, and construction shall be completed in accordance with the plans filed with the Code Enforcement Officer within one year from the date on which a building permit was issued.
E. 
Prohibited uses. Any use not allowed by this Zoning Chapter as a permitted use, special use, or accessory use shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this Zoning Chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses that are deemed undesirable and incompatible and are thus prohibited.