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;
Evidence for Health

This policy may correspond to diet-related strategies identified by the County Health Rankings’ What Works for Health tool, including:

For research on the potential effectiveness, please review the category links above.

We understand that this information is not comprehensive. It also does not include other important forms of evidence such as community members’ lived experiences and practice-based evidence.

Policy Details

Refers to priority populations?

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

Health-related goal?

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

Environmental goal?

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?

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?

Has a stated intent or purpose?

"""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?

§ 139-203 (agriculture definitions)

Addresses implementation?

"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?

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

Evaluation component?

Requires extra investment?

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.


Help us improve this site!

Help us improve this website by taking a quick two-minute survey.