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Clarkstown, NY Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Maximum height
3 stories or 35 feet (MF-1, MF-2, MF-3)
Height-to-setback formula
9 inches of height per foot from lot line
Building spacing
Min. 30 feet or building height, whichever greater
Governing districts
MF-1, MF-2, MF-3 Multifamily Residential Districts
Zoning variance fee
$50 for a residential-district variance application
Enforcement
Building Inspector; Zoning Board of Appeals hears variances

Summary

Clarkstown caps buildings in its MF-1, MF-2 and MF-3 Multifamily Residential Districts at three stories or 35 feet, whichever is more restrictive, under a height-to-setback formula in Zoning Code § 290-20F. Building spacing rules in the same section keep residential structures apart by at least their own height or 30 feet, whichever is greater. The Building Inspector and Zoning Board of Appeals administer compliance and variances.

No principal residential building shall be closer to any other principal building on the same lot than the height of the taller of the two buildings, provided that the minimum spacing shall be 30 feet. ... Height (maximum building height in inches per foot of distance from lot line): nine inches; but no greater than three stories or 35 feet for MF-1, MF-2 and MF-3.

Full Breakdown

Chapter 290, Zoning, sets the Town of Clarkstown's building-height standards in § 290-20, Additional bulk regulations. For the Multifamily Residential Districts, MF-1, MF-2 and MF-3, § 290-20F(5) fixes an absolute ceiling: no building may rise higher than three stories or 35 feet, applying whichever limit is smaller, on top of a sliding formula allowing nine inches of height for every foot a wall sits back from the lot line. That formula lets a building close to a boundary stay lower while permitting more height toward the interior of a large parcel, but the three-story/35-foot cap always controls in the MF Districts.

The same section links height to spacing. § 290-20E(1) bars any principal residential building from sitting closer to another principal building on the same lot than the height of the taller of the two, with a hard 30-foot floor regardless of height. Detached accessory buildings must clear the principal structure by their own height and never less than 15 feet, except that accessory buildings in MF Districts may abut the principal building if not detached.

Height tied to front-yard depth is measured from a designated street line set back from the street centerline (40 feet on Major streets, 30 feet on Secondary streets, 25 feet on Local streets) rather than from the property line itself.

The Town's low-density single-family districts (R-80, R-40, R-22, R-15, R-10) use the same Bulk Table structure referenced in § 290-11, but their specific height figures are published in a separate Bulk Table attachment to Chapter 290 rather than in the chapter text itself; owners in those districts should pull the current attachment from the Building Department or eCode360 rather than relying on the MF figures above, which apply only to the Multifamily Districts.

Violations & Fines

Building taller than the district maximum without a variance is a Chapter 290 zoning violation under § 290-34: up to $3,500 or 15 days in jail for a first offense, $3,500 to $6,000 for a second offense within 18 months, and $8,500 to $16,000 for later repeats, with each week of continued violation counted as a separate offense. The Town Attorney may also negotiate a civil penalty in lieu of prosecution, and the Building Inspector can withhold a certificate of occupancy until the structure conforms.

Frequently Asked Questions

What is the maximum height for a multifamily building in Clarkstown?
In the Town's MF-1, MF-2 and MF-3 Multifamily Residential Districts, Zoning Code § 290-20F(5) caps buildings at three stories or 35 feet, whichever is more restrictive, using a formula of nine inches of height per foot of distance from the lot line. The general R-zone height table for single-family districts sits in a separate Bulk Table attachment to Chapter 290.
How far apart must residential buildings be spaced?
Section 290-20E(1) requires that no principal residential building sit closer to another principal building on the same lot than the height of the taller structure, with a 30-foot minimum spacing regardless of height. Detached accessory buildings must clear the principal building by at least their own height, never less than 15 feet.
Can a homeowner get a variance to exceed the height limit?
Yes, through the Zoning Board of Appeals under § 290-32. A variance application in a residential district costs $50 plus postage for hearing notice, and the Board must find the property has unique physical conditions creating hardship before granting relief.
What happens if a building is constructed taller than allowed?
It is a zoning violation under § 290-34, punishable by a fine of up to $3,500 (or up to 15 days in jail) for a first offense, escalating to $6,000 to $16,000 for repeat offenses within 18 months. Each week the violation continues counts as a separate offense.

Sources & Official References

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