Zoning, building permits and septic rules in Village of Nassau, New York

Village of Nassau’s own rules

• Local zoningPresent

  Land inside Nassau village (Rensselaer County), governed by Chapter 120 Zoning of the village code

  • Districts include single-family residential R10,000 and very-low-density residential R5A, among others
  • Any use not listed as permitted, accessory, special permit or site plan use is deemed prohibited in the R10,000 district

  “except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered in a single-family residential district r10,000, except for the purposes specified in the following sections.”

• Zoning districtsPublished

  Zoning districts in Nassau village, published in Chapter 120 on eCode360

  • Districts confirmed in this research: R10,000 and R5A; others not reviewed

  “in a very-low-density residential district r5a, area, yard, coverage and height provisions shall be as follows:”

• Minimum dwelling sizeSpecified

  One- or two-family dwellings anywhere in Nassau village (minimum ground-floor space per dwelling unit)

  • Excludes open or enclosed porches, basements, garages or carports
  • Foundations shall be continuous and of masonry construction
  • Row/townhouse/multifamily units: efficiency 600, 1-bedroom 650, 2-bedroom 750, 3-bedroom 850 sq ft

  minimum ground-floor space, 1-story: >= 864 sq ft · minimum ground-floor space, 1 to 1 1/2-story: >= 720 sq ft · minimum ground-floor space, 2-story: >= 576 sq ft

  “no permit for the erection of a one- or two-family dwelling will hereafter be granted in the village of nassau unless the minimum ground-floor space per dwelling unit shall be as follows: type of dwelling minimum ground-floor space (square feet) 1-story 864 1-to 1 1/2-story 720 2-story 576”

• Minimum lot sizeSpecified

  Very-Low-Density Residential District R5A in Nassau village

  • Except as specified otherwise
  • Clustered subdivision may waive dimensional requirements; net land area per dwelling unit stays one acre
  • Minimum lot width at front building line 100 feet

  minimum area per establishment: >= 1 acre (except as specified otherwise) · minimum lot width at front building line: >= 100 feet

  “b. area per establishment. except as specified otherwise, the minimum area per establishment shall be one acre. c. lot dimensions. except as specified otherwise, the minimum width of the lot at the front building line shall be 100 feet.”

  One more reviewed finding on this topic

  • Specified — Single-Family Residential District R10,000 in Nassau village

    “b. area per dwelling unit. the minimum area per dwelling unit as defined herein shall be 1/2 acre. c. lot dimensions for corner lots. the minimum width of the lot at the building line parallel to the street considered to be the front street shall be 75 feet”

• SetbacksSpecified

  Very-Low-Density Residential District R5A in Nassau village

  • Except as otherwise specified
  • Rear yard not less than 50 feet
  • Two side yards totaling not less than 50 feet; one at least 1/3 of the total

  front yard from street line: >= 50 feet · front yard from street center line: >= 75 feet · rear yard: >= 50 feet · total side yards: >= 50 feet

  “e. rear yard. there shall be a rear yard of not less than 50 feet. f. side yards. there shall be two side yards having a total width of not less than 50 feet. one side yard shall be at least 1/3 of the total side yards.”

  One more reviewed finding on this topic

  • Specified — Single-Family Residential District R10,000, interior-lot dwelling structures, front yard

    “no part of any dwelling building or structure shall extend nearer to the street line than 25 feet or nearer to the center line of the street than 40 feet, whichever distance requires the greater setback from the street line.”

• Lot coverageSpecified

  Very-Low-Density Residential District R5A in Nassau village

  • R10,000 coverage not captured

  maximum coverage: <= 25 percent

  “h. coverage. the maximum coverage shall be 25%.”

• Building heightSpecified

  Very-Low-Density Residential District R5A in Nassau village

  • R10,000 height not captured

  maximum height, principal structure: <= 35 feet · maximum height, accessory structure: <= 20 feet

  “g. height. thirty-five feet for the principal structure and 20 feet maximum for any accessory structure.”

• Off-grid sanitationLimited

  Sanitary waste disposal inside Nassau village

  • Installations must conform to Rensselaer County Health Department requirements

  “a. no cesspool or drilled sink shall be installed. b. all sanitary waste disposal facility installations shall conform to the requirements of the rensselaer county health department.”

• Subdividing landRegulated (with conditions)

  Subdivisions in Nassau village (clustered subdivision in R5A references the village subdivision law)

  • Planning board approval and public hearing for clustered developments

  “all the subdivision procedures pursuant to the village of nassau subdivision law shall be followed.”

• Driveway accessLimited

  Driveways in the R5A district of Nassau village; dwellings must also abut a street at least 40 feet (§ 120-60)

  • No driveway may intersect a street line less than 50 feet from the intersection of two street lines

  maximum residential driveway width: <= 18 feet

  “driveways shall be no more than 18 feet wide for residential uses and 26 feet for commercial uses.”

Rules another office applies inside Village of Nassau

Village of Nassau does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicCounty (with conditions)

  Sanitary waste disposal installations inside Nassau village; village zoning requires conformity with Rensselaer County Health Department requirements

  • Village code also bars cesspools and drilled sinks
  • Disposal of pumped contents is not permitted within the village

  “a. no cesspool or drilled sink shall be installed. b. all sanitary waste disposal facility installations shall conform to the requirements of the rensselaer county health department.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Nassau or Rensselaer County directly.

• Building permit — Building permits in Nassau village
• Owner-builder exemption — Owner-builder exemption in Nassau village
• Building code adopted — Building code in Nassau village
• Inspections — Building inspections in Nassau village
• Certificate of occupancy — Certificates of occupancy in Nassau village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.