Board of Zoning Appeals

The code lists the requirements and limitations on buildings, driveways, walls and fences, tree cutting, signs, decks and terraces, and many other subjects. Construction requires a building permit, which the Building Inspector issues.

The Tuxedo Park Board of Zoning Appeals (BZA) function is to hear appeals from those denied a building permit by the Building Inspector or appeal decisions of the Village’s Board of Architectural Review. The BZA is guided by five factors when making its decision to grant or deny an appeal. These factors are:

1. Will an undesirable change be produced in the neighborhood's character, or a detriment to nearby properties be created by the granting of an area variance?
2. Can benefit sou by the applicant be achieved by some method feasible for the applicant to pursue, other than an area variance?
3. Is the requested area variance substantial?
4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood?
5. Is the alleged difficulty self-created? This consideration shall be relevant to the board of appeals' decision but shall not necessarily preclude granting the area variance.

Here are a few examples of appeals that the BZA has heard: Fences or walls higher than 4 feet in the front yard or 6 feet in the side yard or within two feet of a property line or 5 feet from a road. Buildings are larger than 25% of the lot area. Decks, porches, patios, and terraces that, when combined, exceed 25% of the area of the building associated with them. Buildings are taller than 70’ or 3 ½ stories.