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POLICY DATABASE
Policy 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.

Background Information

State New York
Jurisdiction Name Hempstead
Jurisdiction Type Other, .
Population Size 50,000-200,000
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;

Policy Details

Refers to priority populations?
Unclear

Refers to "principles of social, economic and environmental responsibility" (§ 139-201(B)).

Health-related goal?
Yes

Promote the health, safety and general welfare of the Village. § 139-201(B).

Environmental goal?
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).

Economic goal?
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)

Includes findings?
No

Has a stated intent or purpose?
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)."

Includes definitions?
Yes

§ 139-203 (agriculture definitions)

Addresses implementation?
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.

Enforcement provisions?
Yes

Penalties for violations include fines and/or imprisonment. §139-218(D).

Evaluation component?
No

Requires extra 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.