Clarkstown, NY Building Setbacks & Zoning: Structure Height Limits (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?
How far apart must residential buildings be spaced?
Can a homeowner get a variance to exceed the height limit?
What happens if a building is constructed taller than allowed?
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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