POLICY DATABASE
Village of Hempstead, N.Y., Code §§ 139-207 (b)(4) and 139-210(G) (current through Oct. 3, 2017)
Brief Summary
Agriculture uses are permitted in all zones, except that animal husbandry is not permitted in 2 zones, and requires a special permit in the other two downtown overlay zones. "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). Section 139-210 (G) generally regulates building heights, including those of greenhouses and urban agriculture and allows these types of structures to exceed maximum height limits up to a certain amount. Greenhouses that are dedicated to food production are given even more latitude. Section 139-207(b)(4) lists increased urban agriculture as goal of the Downtown Edge District.
Legal Strategies
Requires something, sets standards.
Creates an exemption.
Reach
Limited scope. These provisions apply only to the City's Downtown Overlay Zones.
Food System Category: Grow
State: New York
Jurisdiction Type: Other
Jurisdiction Name: Hempstead
Does the law refer to priority populations in some way?
Unclear. Refers to "principles of social, economic and environmental responsibility" (§ 139-201(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 Village. § 139-201(B).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Refers to: "Creating a holistic and comprehensive economic development strategy that utilizes the principles of social, economic and environmental responsibility." §139-201(B). Also refers to: "Encourag[ing] green building design, including sustainable technologies such as rooftop gardens and agriculture, storm water management, photovoltaic energy sources and other renewable energy and water and energy conservation technologies..." §139-201 (E)(2).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Creating a holistic and comprehensive economic development strategy that utilizes the principles of social, economic and environmental responsibility. § 139-201(B); Expand employment opportunities throughout the downtown and surrounding area. § 139-201(E)(1).
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 Village 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 Village 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 ['s Village's Comprehensive Plan and other planning documents]."" §139-201 (B) and (C). Further explains specific objectives of the Downtown Overlay Zones to include: expanding employment opportunities; encourage green building design which includes rooftop gardens and agriculture; and other uses. See § 139-201 (E).".
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 139-203 (agriculture definitions).
Does the law address implementation in some way?
Yes. "The [Downtown Advisory Board] shall, with assistance from the [Professional Advisory Team], review all applications ...and all applications submitted to the Board of Zoning Appeals within the [Downtown Overlay Zones], and shall make recommendations to approve, approve with modifications, or deny applications ...." § 139-213.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Penalties for violations include fines and/or imprisonment. §139-218(D).
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, General Legislation; Chapter 139 (Zoning), Article XXVI (Downtown Overlay Zones), Sections 139-210(G) and 139-207(b)(4) (Uses and Development Standards and Zoning Standards Map). History: Added 7-3-2012 by L.L. No. 7-2012.