Village of Hempstead Zoning & Land Use Guide

Sources checked· 2026-10-04

Last updated: 2026-10-04Verified: 2026-10-04

Key Zoning Facts

Local Zoning / Building Office

Incorporated Village of Hempstead Building Department(516) 478-6234

Building Code Edition

2025 New York State Uniform Code (effective December 31, 2025)

ADU / Accessory Apartment

Verify by district

Example District

AAA — Residence AAA

Max Height

30 ft / 2 stories

Regulatory Layers That Apply in Hempstead

Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.

Federal

FEMA flood mapping: check parcel-specific flood-zone status
View FEMA Flood Map

State — New York

Building Code: 2025 New York State Uniform Code (effective December 31, 2025)

View New York zoning overview

County — Nassau County

City / Municipal

The municipality's zoning ordinance, building-code enforcement, and local permits form the primary local layer of land-use regulation for your property.

Overlay Districts

Downtown Overlay Zones (DO-1 through DO-4) — Optional form-based overlay regulations for Downtown Hempstead under Chapter 139, Article XXVI. Details

Private Restrictions

Private covenants, deed restrictions, condominium rules, or association rules can impose requirements beyond zoning.
Private covenants, deed restrictions, or association rules may apply to individual parcels; check recorded property documents.

Primary Zoning Districts

AAAResidence AAA

Min Lot: 7,500 sq ft (2-story); 10,000 sq ft (1-story)
Max Height: 30 ft / 2 stories
Front Setback: Block average; 25 ft minimum when not otherwise determined
Side Setback: 1-story: 10 ft min each / 25 ft total; over 1 story: 5 ft min each / 15 ft total
Rear Setback: 20 ft on a 100-ft-deep lot; depth-adjusted, 10 ft minimum
FAR: 40%

AAResidence AA

Min Lot: 5,000 sq ft (2-story); 10,000 sq ft (1-story)
Max Height: 30 ft / 2 stories
Front Setback: Block average; 25 ft minimum when not otherwise determined
Side Setback: 1-story: 10 ft min each / 25 ft total; over 1 story: 5 ft min each / 15 ft total
Rear Setback: 20 ft on a 100-ft-deep lot; depth-adjusted, 10 ft minimum
FAR: 40%

AResidence A

Min Lot: 4,000 sq ft
Max Height: 30 ft / 2 stories
Front Setback: Block average; 25 ft minimum when not otherwise determined
Side Setback: 5 ft minimum each / 15 ft total
Rear Setback: 20 ft on a 100-ft-deep lot; depth-adjusted, 10 ft minimum

District Code	Name	Min Lot	Max Height	Front Setback	Side Setback	Rear Setback	FAR
AAA	Residence AAA	7,500 sq ft (2-story); 10,000 sq ft (1-story)	30 ft / 2 stories	Block average; 25 ft minimum when not otherwise determined	1-story: 10 ft min each / 25 ft total; over 1 story: 5 ft min each / 15 ft total	20 ft on a 100-ft-deep lot; depth-adjusted, 10 ft minimum	40%
AA	Residence AA	5,000 sq ft (2-story); 10,000 sq ft (1-story)	30 ft / 2 stories	Block average; 25 ft minimum when not otherwise determined	1-story: 10 ft min each / 25 ft total; over 1 story: 5 ft min each / 15 ft total	20 ft on a 100-ft-deep lot; depth-adjusted, 10 ft minimum	40%
A	Residence A	4,000 sq ft	30 ft / 2 stories	Block average; 25 ft minimum when not otherwise determined	5 ft minimum each / 15 ft total	20 ft on a 100-ft-deep lot; depth-adjusted, 10 ft minimum	—

Permit Costs & Timelines

Check Current Permit Fees & Timelines

Permit fees and review times can vary by project type, scope, valuation, and required approvals. Check the current schedule with the local permitting authority before filing.

Check current Hempstead permit information →

Official Sources

City-specific

Village of Hempstead Building Departmentvillageofhempstead.orgOfficial source Village of Hempstead Zoning Ordinance — Chapter 139ecode360.comOfficial source Village of Hempstead Planning & Zoning Appealsvillageofhempstead.orgOfficial source

Frequently Asked Questions

Is this page for the Village of Hempstead or the Town of Hempstead?

This page covers the Incorporated Village of Hempstead in Nassau County. The Town of Hempstead is a separate municipality with different zoning rules and agencies.

Where are the Village of Hempstead zoning rules published?

The Village zoning ordinance is Chapter 139 of the Village Code. It establishes the residential, business, industrial, and Downtown Overlay districts and their dimensional and use standards.

Can I build an ADU or accessory apartment in the Village of Hempstead?

There is no single citywide yes/no rule that can be safely applied to every parcel. Chapter 139 states that accessory buildings in residence districts may not be used for sleeping or living purposes, while the Downtown Overlay provisions contain separate rules and definitions for accessory apartments. Confirm the zoning district and proposed use with the Village Building Department before designing or filing.

How do I start a zoning or Planning Board application?

The Village directs applicants to begin with the Building Department. Planning Board applications follow a building-permit filing, and a Zoning Board appeal requires a Building Department denial notice. The Village also requires a pre-submission review before Planning Board or Zoning Board consideration.

Disclaimer: The information on this website is provided for general informational purposes only and does not constitute legal, financial, or professional advice. Zoning codes and building regulations change frequently. Always verify current requirements with your local planning department and building authority before making any decisions.