Village of Hempstead, NY Zoning

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Village of Hempstead, NY

Nassau County

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Table of Contents

Table of Contents

Part I: Administrative Legislation
Ch 1 General Provisions
Ch 4 City Charter Commission
Ch 5 Appearance Tickets
Ch 6 Personal Wireless Services Facilities Review Board
Ch 7 Codes Review Board
Ch 8 Planning Board
Ch 9 Ethics, Code of
Ch 9A Flood Damage Prevention
Ch 9B Electric Supply
Ch 9C Natural Gas Supply
Ch 9D Illicit Discharges, Activities and Connections to Storm Sewers
Ch 9E Stormwater Management and Erosion and Sediment Control
Ch 10 Harassment, Sexual
Ch 11 Living Wage
Ch 13 Human Relations Council
Ch 13A Human Resources
Ch 14 (Reserved)
Ch 17 Lien Satisfaction From Fire Insurance Proceeds
Ch 19 Local Laws, Adoption of
Ch 24 Officers and Employees
Ch 25 Library Board
Ch 28 Police
Ch 30 Publicity Fund
Ch 31 Purchasing
Ch 32 Records, Public Access to
Ch 33 Refuse and Disposal District
Ch 36 Traffic Safety Board
Ch 37 Traffic Violations Bureau
Ch 39 Village Liability and Employee Indemnification
Ch 42 (Reserved)
Ch 44 (Reserved)
Part II: General Legislation
Ch 46 Bicycles
Ch 48 Boardinghouses and Rooming Houses
Ch 49 Consulting Services
Ch 50 Building Construction Administration
Ch 51 Buildings and Structures, Dangerous
Ch 52 Building Occupancy
Ch 54 Cooperative Home Ownership
Ch 57 Dogs and Other Animals
Ch 60 Electrical Standards
Ch 62 Environmental Quality Review
Ch 65 Fire Prevention and Protection
Ch 68 Food-Handling Establishments
Ch 71 Garage Sales
Ch 74 Health and Sanitation; Garbage and Littering
Ch 78 Housing and Property Maintenance
Ch 78A Defaulted Mortgage and Vacant Property, Registration of
Ch 82 Junk Dealers
Ch 86 Licensing and Business Regulations
Ch 92 Parking Field Businesses
Ch 95 Peace and Good Order
Ch 97 Peddlers and Solicitors
Ch 100 Plumbing
Ch 103 Public Assemblies; Cabarets
Ch 106 Rental Registration
Ch 109 Secondhand Dealers
Ch 111 Shopping Carts
Ch 113 Signs
Ch 116 Streets and Sidewalks
Ch 119 Taxation
Ch 121 For-Hire-Vehicle Service
Ch 123 Telephones, Public Pay
Ch 124 Theaters
Ch 127 Towing Service
Ch 131 Vehicles and Traffic
Ch 134 Waste Material
Ch 135 Water
Ch 136 Water Conservation
Ch 139 Zoning
Ch 139 Art I Title; Definitions; Zones and Boundaries
§ 139-1 Title.
§ 139-2 Definitions and word usage.
§ 139-3 Establishment of districts.
§ 139-4 Zoning Map.
§ 139-5 Interpretation of boundaries.
§ 139-6 Compliance required.
Ch 139 Art II Nonconforming Uses
§ 139-7 Continuance of existing uses.
§ 139-8 Extension or alteration of use.
§ 139-9 Uses requiring license or other municipal approval.
§ 139-10 Change of use.
§ 139-11 Abandonment.
§ 139-12 Conditions for maintenance of use.
§ 139-13 Damage, destruction or demolition of use.
Ch 139 Art III Provisions Relating to All Districts
§ 139-14 Business outside of buildings.
§ 139-15 Reduction of lot area.
§ 139-16 Dwellings in rear of other building on same lot.
§ 139-17 Height limitations.
§ 139-18 Accessory buildings in residence districts.
§ 139-19 Exterior cooking and storage.
§ 139-20 Front, side and rear yards for other than one-family dwellings.
§ 139-21 Side yards in residence districts.
§ 139-22 Projections into courts and yards.
§ 139-23 Projections into rear yards.
§ 139-24 Projections into front or side yards.
§ 139-25 Projection of bay windows; projections beyond front line of multiple dwellings; ornamental projections.
§ 139-26 Side yards in other than residence districts.
§ 139-27 Height restrictions on corner lots in residence districts.
§ 139-28 Area of one-story dwellings.
§ 139-29 Area of two-story dwellings.
§ 139-30 Buildings in front or rear of existing buildings in other than residence districts.
§ 139-31 Buildings abutting municipal parking fields.
§ 139-32 Cooking facilities.
§ 139-33 Fences.
§ 139-34 Municipal uses allowed in all districts.
§ 139-35 Residence uses in commercial districts.
§ 139-36 Parking restrictions for one- and two-family dwellings.
§ 139-37 Mobile homes, trailers and trailer courts.
§ 139-38 Parking and storage of commercial vehicles in residence districts.
§ 139-39 Parking in front yards of multiple dwellings.
§ 139-40 Off-street parking requirements.
§ 139-41 Swimming pools.
§ 139-42 Special building setback lines.
§ 139-42.1 Means of egress.
§ 139-42.2 Stormwater pollution prevention plan.
§ 139-42.3 Affordable housing.
Ch 139 Art IV Residence AAA Districts
§ 139-43 Permitted uses.
§ 139-43.1 Prohibited uses.
§ 139-44 Height.
§ 139-45 Building area.
§ 139-46 Habitable floor area.
§ 139-47 Front yards.
§ 139-48 Front yards of corner lots.
§ 139-49 Frontage.
§ 139-50 Side yards.
§ 139-51 Rear yards.
§ 139-52 Plot area.
Ch 139 Art V Residence AA Districts
§ 139-53 Permitted uses.
§ 139-53.1 Prohibited uses.
§ 139-54 Height.
§ 139-55 Building area.
§ 139-56 Habitable floor area.
§ 139-57 Front yards.
§ 139-58 Front yards of corner lots.
§ 139-59 Frontage.
§ 139-60 Side yards.
§ 139-61 Rear yards.
§ 139-62 Plot area.
Ch 139 Art VI Residence A Districts
§ 139-63 Permitted uses.
§ 139-63.1 Prohibited uses.
§ 139-64 Height.
§ 139-65 Building area.
§ 139-66 Front yards.
§ 139-67 Front yards of corner lots.
§ 139-68 Frontage.
§ 139-69 Side yards.
§ 139-70 Rear yards.
§ 139-71 Plot area.
Ch 139 Art VII Residence B Districts
§ 139-72 Permitted uses.
§ 139-72.1 Prohibited uses.
§ 139-73 Height.
§ 139-74 Plot area.
§ 139-75 Front yards on corner lots.
§ 139-76 Side yards of buildings other than residence buildings.
§ 139-77 Frontage of multiple dwellings.
§ 139-78 Rear yards.
§ 139-79 Population density.
§ 139-80 Setbacks for single-family dwellings.
Ch 139 Art VIII Residence C Districts
§ 139-81 Permitted uses.
§ 139-81.1 Prohibited uses.
Ch 139 Art IX Residence D Districts
§ 139-82 Permitted uses.
§ 139-82.1 Prohibited uses.
Ch 139 Art X Residence E Districts
§ 139-83 Permitted uses.
§ 139-84 Restrictions on multiple dwellings.
Ch 139 Art XI Residence E-1 Districts
§ 139-85 Permitted uses.
§ 139-86 Restrictions on multiple dwellings.
Ch 139 Art XII Residence F Districts
§ 139-87 Permitted uses.
§ 139-88 Restrictions on multiple dwellings.
§ 139-89 Accessory uses on same lot as principal use.
§ 139-90 Frontage.
§ 139-91 Building area.
§ 139-92 Exterior lighting.
Ch 139 Art XIII Residence G Districts
§ 139-93 Permitted uses.
§ 139-94 Restrictions on multiple dwellings.
§ 139-95 Accessory uses on same lot as principal use.
§ 139-96 Frontage.
§ 139-97 Building area.
§ 139-98 Exterior lighting.
Ch 139 Art XIV Business A Districts
§ 139-99 Permitted uses.
§ 139-100 Limitation on power.
§ 139-101 Height.
§ 139-102 Front yard.
§ 139-103 Rear yard.
§ 139-104 Fire passage.
§ 139-105 Prohibited uses.
Ch 139 Art XV Business B Districts
§ 139-106 Permitted uses.
§ 139-107 Limitation on power.
§ 139-108 Height.
§ 139-109 Front yard.
§ 139-110 Rear yard.
§ 139-111 Fire passage.
§ 139-112 Prohibited uses.
Ch 139 Art XVI Business BG Districts
§ 139-113 Permitted uses.
§ 139-114 Height.
Ch 139 Art XVII Business C Districts
§ 139-115 Permitted uses.
§ 139-116 Height.
§ 139-117 Front yard.
§ 139-118 Rear yard.
§ 139-119 Fire passage.
§ 139-120 Prohibited uses.
Ch 139 Art XVIII Light Manufacturing Districts
§ 139-121 Permitted uses.
§ 139-122 Minimum plot area.
§ 139-123 Building area.
§ 139-124 Height.
§ 139-125 Front yards.
§ 139-126 Rear yards.
§ 139-127 Side yards.
§ 139-128 Off-street parking.
§ 139-129 Off-street loading.
§ 139-130 Screening and landscaping.
§ 139-131 Prohibited uses.
Ch 139 Art XIX Industrial Districts
§ 139-132 Prohibited uses.
§ 139-133 Height.
§ 139-134 Rear yard.
§ 139-135 Front yard.
§ 139-136 Off-street parking.
Ch 139 Art XX Board of Zoning Appeals
§ 139-137 Legislative intent; appointment; terms; removal; meetings; records; assistance; rules; compensation.
§ 139-138 Powers and duties.
§ 139-139 Standards for consideration.
§ 139-140 Obtaining and duration of permit.
§ 139-141 Fees.
Ch 139 Art XXI Amendments
§ 139-142 Authority of Board of Trustees.
§ 139-143 Public hearing.
§ 139-144 Petition.
§ 139-145 Protest against amendment.
Ch 139 Art XXII Administration and Enforcement
§ 139-146 Precedence of more restrictive provision.
§ 139-147 Enforcement official; conformance required.
Ch 139 Art XXIII Public Nuisances
§ 139-148 Findings; purpose.
§ 139-149 Definitions.
§ 139-150 Mailing of notices.
§ 139-151 Remedies and enforcement.
§ 139-152 Service of summons; penalty.
§ 139-153 Preliminary injunction.
§ 139-154 Temporary closing order.
§ 139-155 Temporary restraining order.
§ 139-156 Temporary closing and restraining orders.
§ 139-157 Vacation of orders.
§ 139-158 Temporary receiver.
§ 139-159 Vacation of preliminary injunction.
§ 139-160 Permanent injunction and penalties.
§ 139-161 Ejectment or eviction.
§ 139-162 Construal of provisions.
§ 139-163 Determination.
§ 139-164 Effective date.
§ 139-165 (Reserved)
Ch 139 Art XXIV Adult Uses
§ 139-166 Purpose, findings, and rationale.
§ 139-167 Definitions.
§ 139-168 Restrictions.
§ 139-169 (Reserved)
Ch 139 Art XXV Personal Wireless Service Facilities
§ 139-170 Legislative findings; purpose.
§ 139-171 Title.
§ 139-172 Permits required.
§ 139-173 Definitions.
§ 139-174 Abbreviations.
§ 139-175 Purpose and intent; interpretation of provisions.
§ 139-176 Unacceptable applications for PWSFs.
§ 139-177 Specification of land use classifications.
§ 139-178 Location, siting, design and safety standards.
§ 139-179 Fall zone and setback requirements.
§ 139-180 Submittal requirements.
§ 139-181 Alternatives analysis and comparison.
§ 139-182 Tiered applications.
§ 139-183 Application procedures.
§ 139-184 Staff reports.
§ 139-185 Modifications.
§ 139-186 Collocations; public sites.
§ 139-187 Registry; monitoring; inspection; abandonment; obsolescence.
§ 139-188 Environmental compliance.
§ 139-189 Lighting and security for Tiers Two and Three.
§ 139-190 Signs; identification plaques.
§ 139-191 Screening and landscaping for Tiers Two and Three.
§ 139-192 Access and parking for Tiers Two and Three.
§ 139-193 Review of permit.
§ 139-194 Procedures for public hearings.
§ 139-195 Effect of approval.
§ 139-196 Building permit.
§ 139-197 Miscellaneous.
§ 139-198 Severability.
§ 139-199 When effective.
Ch 139 Art XXVI Downtown Overlay Zones
§ 139-200 Authority.
§ 139-201 Intent and purpose.
§ 139-202 Applicability.
§ 139-203 Definitions.
§ 139-204 Relationship to other cooperating entities.
§ 139-205 Establishment of downtown overlay zoning (DOZ) districts.
§ 139-206 (Reserved)
§ 139-207 Zoning Standards Map.
§ 139-208 Street and block development standards.
§ 139-209 Civic space standards.
§ 139-210 Uses and development standards.
§ 139-211 Design standards.
§ 139-212 Attainable housing.
§ 139-213 Downtown Advisory Board.
§ 139-214 DO-4 Overlay District.
§ 139-215 Compliance with State Environmental Quality Review Act (SEQRA).
§ 139-216 Implementation of community benefits policies.
§ 139-217 Amendments to this article.
§ 139-218 Inspection, violations and enforcement.
§ 139-219 (Reserved)
§ 139-220 (Reserved)
Ch 139 Art XXVII Medical Marijuana Facilities
§ 139-221 Definitions.
§ 139-222 Restrictions.
Ch 139 Art XXVIII Moratorium
§ 139-223 Moratorium on smoke shops and humidors.
Ch 140 Cannabis
Disposition List
Ch DL Disposition List

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Chapter 139 Zoning

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[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 9-6-1983 by L.L. No. 8-1983.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Personal Wireless Services Facilities Review Board — See Ch. 6.

Planning Board — See Ch. 8.

Boardinghouses and rooming houses — See Ch. 48.

Building construction administration — See Ch. 50.

Environmental quality review — See Ch. 62.

Food-handling establishments — See Ch. 68.

Parking field businesses — See Ch. 92.

Signs — See Ch. 113.

ATTACHMENTS

139a Appendix A

139b Appendix B

Editor's Note: This local law also provided that former § 16-255, dealing with certificates of occupancy, was to be repealed effective 3-1-1984.

Article I Title; Definitions; Zones and Boundaries

§ 139-1 Title.

§ 139-2 Definitions and word usage.

§ 139-3 Establishment of districts.

§ 139-4 Zoning Map.

§ 139-5 Interpretation of boundaries.

§ 139-6 Compliance required.

Article II Nonconforming Uses

§ 139-7 Continuance of existing uses.

§ 139-8 Extension or alteration of use.

§ 139-9 Uses requiring license or other municipal approval.

§ 139-10 Change of use.

§ 139-11 Abandonment.

§ 139-12 Conditions for maintenance of use.

§ 139-13 Damage, destruction or demolition of use.

Article III Provisions Relating to All Districts

§ 139-14 Business outside of buildings.

§ 139-15 Reduction of lot area.

§ 139-16 Dwellings in rear of other building on same lot.

§ 139-17 Height limitations.

§ 139-18 Accessory buildings in residence districts.

§ 139-19 Exterior cooking and storage.

§ 139-20 Front, side and rear yards for other than one-family dwellings.

§ 139-21 Side yards in residence districts.

§ 139-22 Projections into courts and yards.

§ 139-23 Projections into rear yards.

§ 139-24 Projections into front or side yards.

§ 139-25 Projection of bay windows; projections beyond front line of multiple dwellings; ornamental projections.

§ 139-26 Side yards in other than residence districts.

§ 139-27 Height restrictions on corner lots in residence districts.

§ 139-28 Area of one-story dwellings.

§ 139-29 Area of two-story dwellings.

§ 139-30 Buildings in front or rear of existing buildings in other than residence districts.

§ 139-31 Buildings abutting municipal parking fields.

§ 139-32 Cooking facilities.

§ 139-33 Fences.

§ 139-34 Municipal uses allowed in all districts.

§ 139-35 Residence uses in commercial districts.

§ 139-36 Parking restrictions for one- and two-family dwellings.

§ 139-37 Mobile homes, trailers and trailer courts.

§ 139-38 Parking and storage of commercial vehicles in residence districts.

§ 139-39 Parking in front yards of multiple dwellings.

§ 139-40 Off-street parking requirements.

§ 139-41 Swimming pools.

§ 139-42 Special building setback lines.

§ 139-42.1 Means of egress.

§ 139-42.2 Stormwater pollution prevention plan.

§ 139-42.3 Affordable housing.

Article IV Residence AAA Districts

§ 139-43 Permitted uses.

§ 139-43.1 Prohibited uses.

§ 139-44 Height.

§ 139-45 Building area.

§ 139-46 Habitable floor area.

§ 139-47 Front yards.

§ 139-48 Front yards of corner lots.

§ 139-49 Frontage.

§ 139-50 Side yards.

§ 139-51 Rear yards.

§ 139-52 Plot area.

Article V Residence AA Districts

§ 139-53 Permitted uses.

§ 139-53.1 Prohibited uses.

§ 139-54 Height.

§ 139-55 Building area.

§ 139-56 Habitable floor area.

§ 139-57 Front yards.

§ 139-58 Front yards of corner lots.

§ 139-59 Frontage.

§ 139-60 Side yards.

§ 139-61 Rear yards.

§ 139-62 Plot area.

Article VI Residence A Districts

§ 139-63 Permitted uses.

§ 139-63.1 Prohibited uses.

§ 139-64 Height.

§ 139-65 Building area.

§ 139-66 Front yards.

§ 139-67 Front yards of corner lots.

§ 139-68 Frontage.

§ 139-69 Side yards.

§ 139-70 Rear yards.

§ 139-71 Plot area.

Article VII Residence B Districts

§ 139-72 Permitted uses.

§ 139-72.1 Prohibited uses.

§ 139-73 Height.

§ 139-74 Plot area.

§ 139-75 Front yards on corner lots.

§ 139-76 Side yards of buildings other than residence buildings.

§ 139-77 Frontage of multiple dwellings.

§ 139-78 Rear yards.

§ 139-79 Population density.

§ 139-80 Setbacks for single-family dwellings.

Article VIII Residence C Districts

§ 139-81 Permitted uses.

§ 139-81.1 Prohibited uses.

Article IX Residence D Districts

§ 139-82 Permitted uses.

§ 139-82.1 Prohibited uses.

Article X Residence E Districts

§ 139-83 Permitted uses.

§ 139-84 Restrictions on multiple dwellings.

Article XI Residence E-1 Districts

§ 139-85 Permitted uses.

§ 139-86 Restrictions on multiple dwellings.

Article XII Residence F Districts

§ 139-87 Permitted uses.

§ 139-88 Restrictions on multiple dwellings.

§ 139-89 Accessory uses on same lot as principal use.

§ 139-90 Frontage.

§ 139-91 Building area.

§ 139-92 Exterior lighting.

Article XIII Residence G Districts

§ 139-93 Permitted uses.

§ 139-94 Restrictions on multiple dwellings.

§ 139-95 Accessory uses on same lot as principal use.

§ 139-96 Frontage.

§ 139-97 Building area.

§ 139-98 Exterior lighting.

Article XIV Business A Districts

§ 139-99 Permitted uses.

§ 139-100 Limitation on power.

§ 139-101 Height.

§ 139-102 Front yard.

§ 139-103 Rear yard.

§ 139-104 Fire passage.

§ 139-105 Prohibited uses.

Article XV Business B Districts

§ 139-106 Permitted uses.

§ 139-107 Limitation on power.

§ 139-108 Height.

§ 139-109 Front yard.

§ 139-110 Rear yard.

§ 139-111 Fire passage.

§ 139-112 Prohibited uses.

Article XVI Business BG Districts

§ 139-113 Permitted uses.

§ 139-114 Height.

Article XVII Business C Districts

§ 139-115 Permitted uses.

§ 139-116 Height.

§ 139-117 Front yard.

§ 139-118 Rear yard.

§ 139-119 Fire passage.

§ 139-120 Prohibited uses.

Article XVIII Light Manufacturing Districts

§ 139-121 Permitted uses.

§ 139-122 Minimum plot area.

§ 139-123 Building area.

§ 139-124 Height.

§ 139-125 Front yards.

§ 139-126 Rear yards.

§ 139-127 Side yards.

§ 139-128 Off-street parking.

§ 139-129 Off-street loading.

§ 139-130 Screening and landscaping.

§ 139-131 Prohibited uses.

Article XIX Industrial Districts

§ 139-132 Prohibited uses.

§ 139-133 Height.

§ 139-134 Rear yard.

§ 139-135 Front yard.

§ 139-136 Off-street parking.

Article XX Board of Zoning Appeals

§ 139-137 Legislative intent; appointment; terms; removal; meetings; records; assistance; rules; compensation.

§ 139-138 Powers and duties.

§ 139-139 Standards for consideration.

§ 139-140 Obtaining and duration of permit.

§ 139-141 Fees.

Article XXI Amendments

§ 139-142 Authority of Board of Trustees.

§ 139-143 Public hearing.

§ 139-144 Petition.

§ 139-145 Protest against amendment.

Article XXII Administration and Enforcement

§ 139-146 Precedence of more restrictive provision.

§ 139-147 Enforcement official; conformance required.

Article XXIII Public Nuisances

§ 139-148 Findings; purpose.

§ 139-149 Definitions.

§ 139-150 Mailing of notices.

§ 139-151 Remedies and enforcement.

§ 139-152 Service of summons; penalty.

§ 139-153 Preliminary injunction.

§ 139-154 Temporary closing order.

§ 139-155 Temporary restraining order.

§ 139-156 Temporary closing and restraining orders.

§ 139-157 Vacation of orders.

§ 139-158 Temporary receiver.

§ 139-159 Vacation of preliminary injunction.

§ 139-160 Permanent injunction and penalties.

§ 139-161 Ejectment or eviction.

§ 139-162 Construal of provisions.

§ 139-163 Determination.

§ 139-164 Effective date.

§ 139-165 (Reserved)

Article XXIV Adult Uses

§ 139-166 Purpose, findings, and rationale.

§ 139-167 Definitions.

§ 139-168 Restrictions.

§ 139-169 (Reserved)

Article XXV Personal Wireless Service Facilities

§ 139-170 Legislative findings; purpose.

§ 139-171 Title.

§ 139-172 Permits required.

§ 139-173 Definitions.

§ 139-174 Abbreviations.

§ 139-175 Purpose and intent; interpretation of provisions.

§ 139-176 Unacceptable applications for PWSFs.

§ 139-177 Specification of land use classifications.

§ 139-178 Location, siting, design and safety standards.

§ 139-179 Fall zone and setback requirements.

§ 139-180 Submittal requirements.

§ 139-181 Alternatives analysis and comparison.

§ 139-182 Tiered applications.

§ 139-183 Application procedures.

§ 139-184 Staff reports.

§ 139-185 Modifications.

§ 139-186 Collocations; public sites.

§ 139-187 Registry; monitoring; inspection; abandonment; obsolescence.

§ 139-188 Environmental compliance.

§ 139-189 Lighting and security for Tiers Two and Three.

§ 139-190 Signs; identification plaques.

§ 139-191 Screening and landscaping for Tiers Two and Three.

§ 139-192 Access and parking for Tiers Two and Three.

§ 139-193 Review of permit.

§ 139-194 Procedures for public hearings.

§ 139-195 Effect of approval.

§ 139-196 Building permit.

§ 139-197 Miscellaneous.

§ 139-198 Severability.

§ 139-199 When effective.

Article XXVI Downtown Overlay Zones

§ 139-200 Authority.

§ 139-201 Intent and purpose.

§ 139-202 Applicability.

§ 139-203 Definitions.

§ 139-204 Relationship to other cooperating entities.

§ 139-205 Establishment of downtown overlay zoning (DOZ) districts.

§ 139-206 (Reserved)

§ 139-207 Zoning Standards Map.

§ 139-208 Street and block development standards.

§ 139-209 Civic space standards.

§ 139-210 Uses and development standards.

§ 139-211 Design standards.

§ 139-212 Attainable housing.

§ 139-213 Downtown Advisory Board.

§ 139-214 DO-4 Overlay District.

§ 139-215 Compliance with State Environmental Quality Review Act (SEQRA).

§ 139-216 Implementation of community benefits policies.

§ 139-217 Amendments to this article.

§ 139-218 Inspection, violations and enforcement.

§ 139-219 (Reserved)

§ 139-220 (Reserved)

Article XXVII Medical Marijuana Facilities

§ 139-221 Definitions.

§ 139-222 Restrictions.

Article XXVIII Moratorium

§ 139-223 Moratorium on smoke shops and humidors.