Clarkstown, NY Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- Front yard (primary bldg)
- 0 ft min - 15 ft max
- Side yard, adj. residential
- 25 ft minimum
- Side yard, adj. commercial
- 0 ft or 15 ft
- Rear yard (primary bldg)
- 25 ft minimum
- Accessory building side/rear
- 10 ft minimum
- First-offense fine
- up to $3,500 or 15 days jail
Summary
In Clarkstown's Hamlet Center Districts covering Congers, Valley Cottage and West Nyack, Table E-1 of the zoning code sets a front yard between 0 feet minimum and 15 feet maximum, a side yard of 0 or 15 feet next to commercial land and 25 feet minimum next to a residential district, and a 25-foot minimum rear yard for the primary building.
E. Area, bulk and density requirements. (1) The area, bulk and density requirements within the Hamlet Center Zoning Districts (HC-C, HC-VC and HC-WN) shall be as set forth below. Table E-1: Area, Bulk and Density Requirements for HC-C, HC-VC & HC-WN ... Setback - primary building Front yard[1] 0 feet minimum - 15 feet maximum Side yard 0 feet or 15 feet adj. commercial/25 feet minimum adj. residential district Rear yard 25 feet minimum ... Setback - accessory building ... Side yard 10 feet minimum Rear yard 10 feet minimum
Full Breakdown
2E(1) governs area, bulk and density in the Hamlet Center Zoning Districts (HC-C, HC-VC and HC-WN), the town's commercial hamlet cores in Congers, Valley Cottage and West Nyack. Table E-1 fixes the primary building setbacks: a front yard of 0 feet minimum to 15 feet maximum (reducible to the average setback of commercial buildings within 100 feet on each side of the lot, per footnote 1), a side yard of 0 feet or 15 feet where adjacent to a commercial district and 25 feet minimum where adjacent to a residential district, and a rear yard of 25 feet minimum.
At least 50% of the lot width between the minimum and maximum front setback line must be built out with facade, the frontage buildout requirement. Accessory buildings get their own line in the same table: 10 feet minimum on both the side and rear yards, with no front-yard accessory setback listed. Off-street parking has its own setback line too: 5 feet minimum on side and rear yards, rising to 10 feet minimum where the parking area abuts a residential district, and parking is barred from the front yard entirely.
These figures apply only within the mapped HC-C, HC-VC and HC-WN boundaries shown on the Town's 1967 Zoning Map as amended; other Clarkstown zoning districts carry their own bulk tables, several of which eCode360 stores as separate attachments rather than inline text. Lot size minimum in this district is 8,000 square feet with 50 feet of minimum lot width, and maximum principal building height is 35 feet.
Violations & Fines
A violation of any provision of Chapter 290, including a setback encroachment, is punishable under § 290-34 by a fine of up to $3,500 or up to 15 days' imprisonment, or both, for a first offense. A second offense within 18 months carries a fine of $3,500 to $6,000; a third offense within 18 months of the second conviction, $8,500 to $11,000; a fourth or subsequent offense, $11,000 to $16,000. Each week a violation continues counts as a separate additional violation. The Town Attorney may also negotiate a civil compromise penalty in lieu of criminal prosecution under § 290-34C.
Frequently Asked Questions
What is the minimum front yard setback in Clarkstown's Hamlet Center Districts?
Does the side yard setback change next to a residential district?
What happens if I build closer than the required setback in Clarkstown?
Do these setback numbers apply everywhere in the Town of Clarkstown?
Sources & Official References
Other rules in Clarkstown
New York rules heatmap·Compare Clarkstown to another location·View the New York building setbacks & zoning overview
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