POLICY DATABASE
New Rochelle, N.Y., Code § 331-175 (current through Sept. 19, 2017)
Brief Summary
Provides general regulation pertaining to six Downtown Overlay Zones. Features urban agriculture related uses as a permitted use in all districts. "Urban agriculture" includes growing of plants and crops, but not animal husbandry; also includes aquaculture and community gardens (which must be operated by a public or non-profit organization, and may grow flowers and produce for household use, sale, or donation). Greenhouses and other structures are also allowed, and may exceed maximum height limits. Greenhouses that are dedicated to produce are given even more latitude.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Limited scope. These provisions apply only to the City's Downtown Overlay Zones.
Food System Category: Grow
State: New York
Jurisdiction Type: City
Jurisdiction Name: New Rochelle
Does the law refer to priority populations in some way?
Unclear. Refers to "principles of social, economic and environmental responsibility" (§ 83-175.02(B)).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Promote the health, safety and general welfare of the Town. § 331-175.02(B).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. This Article is intended to create an opportunity for a more economically successful and environmentally responsible City and downtown. § 331-175.02(B).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. This Article is intended to create an opportunity for a more economically successful and environmentally responsible City and downtown. § 331-175.02(B).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. """This Article is intended to promote the health, safety and general welfare of the City by creating a holistic and comprehensive economic development strategy that utilizes the principles of social, economic and environmental responsibility to re-establish the downtown as a center of vibrancy within a mixed-use, transit oriented setting. [It] is intended to create an opportunity for a more economically successful and environmentally responsible City and downtown with a more harmonious and pedestrian-oriented public realm.... The primary purpose of this Article is to institute a legally enforceable form-based code within the DOZ, based upon the [city's Comprehensive Plan and other planning documents]."" § 331-175.02 (B) and (C).".
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 331-175.04.
Does the law address implementation in some way?
Yes. Administrative duties and responsibilities are addressed in §331-175.14.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Planning Board may revoke development approval. See §331-175.14(F).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Uncodified law to be codified at Part II, General Legislation; Chapter 331, Zoning; Article XXII (Downtown Overlay Zones). History: Local Law No. 233-2015, adopted 12-8-2015, added Article XXII, Downtown Overlay Zones, §§ 331-175, and 331-175.1 through 331-175.21. Search for "urban agriculture" to find definitions and other standards.