POLICY DATABASE
Poughkeepsie, N.Y., Code § 19-3.25(5)(g) (current through May 16, 2016)
Brief Summary
Sets standards for agriculture uses in the Walkway-Gateway District (which are a special use in some subdistricts and not allowed in others; except that rooftop gardens are a permitted use in all subdistricts). Agriculture uses include: keeping of bees (up to 5 hives) (registration is required); community gardens for personal use, donation to charity, or community beautification, although sales of surplus produce are also allowed; composting of plant material; indoor farming (hydroponics, aquaculture, aquaponids): season extension structures (greenhouses, hoophouses) and other structures (sheds, farmstands); temporary or permanent structures for farmers' markets; and use of best management practices, such as the EPA's "Brownfields and Urban Agriculture: Interim Guidelines for Safe Gardening Practices," is encouraged.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Limited scope. Applies to the City's "Walkway Gateway District" only.
Food System Category: Grow, Get
State: New York
Jurisdiction Type: City
Jurisdiction Name: Poughkeepsie
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Unclear. Refers to this objective: "Provide an interconnected network of streets, bicycle routes, and bicycle lanes to disperse traffic so that the City's vehicular system will be easy to navigate for both bicyclists and drivers." (§ 19-3.25(1)(c)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Refers to: "Incorporate green infrastructure and green development practices for storm water management and renewable energy into the development review process." (§ 19-3.25(1)(f)).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Refers to: "Strengthen the economic base of the City," (§ 19-3.25(1)(e)).
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?
Yes. "The area encompassed by the W-G District, most of which developed around the Poughkeepsie-Highland Railroad Bridge in the 19th Century, attracts hundreds of thousands of visitors each year ... and serves as a gateway for both residents and visitors." (§ 19-3.25(1)).
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. "The area encompassed by the W-G District, most of which developed around the Poughkeepsie-Highland Railroad Bridge in the 19th Century, attracts hundreds of thousands of visitors each year to Walkway Over the Hudson State Historic Park and serves as a gateway for both residents and visitors. The purpose of the Walkway-Gateway (W-G) District is to revitalize this mixed industrial and residential area of the City so that it becomes a vibrant and attractive walkable mixed-use neighborhood where people will want to live, shop and invest. An additional purpose ... is to encourage visitors ... to visit surrounding areas,... to help revitalize the neighborhood." (§ 19-3.25(1)). Additional intents of the District include: "Provide for the safety and comfort of pedestrians through an interconnected network of sidewalks and trails so that work, shopping, schools, and recreation will be within walking distance of each other, allowing independence to those who do not drive....Strengthen the economic base of the City by ... encouraging the use of open and vacant lands for community gardens ...." (§ 19-3.25(1)(c) and (e)).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. §19-3.25(19).
Does the law address implementation in some way?
Yes. "The Zoning Administrator shall maintain files of all applications for building permits and change of use permits, together with all plans submitted therewith and for certificates of occupancy and records of all such permits and certificates issued by him." §19-7.1. See generally, Chapter 19, Art. VII.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Violations may be addressed through fines, civil penalties, and other measures. See §19-7.8.
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
Part II, Administrative Code; Chapter 19 (Zoning and Land Use Regulations); Article III (District Regulations and Map), Section 19-3.25 (Walkway-Gateway District). History: L.L. No. 2-2013, 10-7-2013, § 1.