Hempstead Zoning & Land Use Guide
Key Zoning Facts
Hempstead Zoning Overview
Hempstead is a village in Nassau County on western Long Island, approximately 20 miles east of Manhattan. Despite its village designation, Hempstead functions as a small city with a diverse, densely developed urban core. The village's downtown along Fulton Avenue and Main Street serves as a commercial center for a large surrounding population. Hempstead is served by the LIRR (Long Island Rail Road), which provides direct commuter rail service to Penn Station, making it a transit-connected community within the broader Long Island suburban landscape.
The village's planning framework addresses the needs of a diverse, lower-income community within the affluent Nassau County context. Hempstead has pursued downtown revitalization initiatives, including transit-oriented development around the LIRR station. The village's Comprehensive Plan focuses on improving housing quality, supporting commercial development, and enhancing public infrastructure and community facilities.
Key Zoning Districts
Hempstead's zoning code includes residential zones (R-A, R-B, R-C), business zones (B-1, B-2), and industrial zones. The R-A zone covers single-family residential areas. The R-B and R-C zones allow higher-density residential including two-family homes and apartments. Business zones are concentrated along the Main Street and Fulton Avenue corridors. The area around the LIRR station has been the focus of transit-oriented development planning.
ADU Regulations
Hempstead allows ADUs in residential zones under state and local provisions with size limits, parking, and owner-occupancy requirements. ADUs help address the village's significant housing needs and support homeowner flexibility in a high-cost regional housing market.
Development Process
Development requires permits from the Building Department. The Planning Board reviews site plans and subdivisions. The Zoning Board of Appeals handles variances. Nassau County planning referrals apply under GML Section 239.
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 Zones: Applicable
- View FEMA Flood Map
State — New York
- Building Code: NY State Uniform Fire Prevention and Building Code (2020 IBC)
- State ADU Override: Yes (NY ADU legislation signed 2024)
County — Nassau County
- Role: Property records, tax assessment, county planning review
City / Municipal
The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- HOA / CC&Rs common: Yes
- Check HOA CC&Rs for additional restrictions.
Primary Zoning Districts
- Min Lot
- 5,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 20 ft
- Side Setback
- 5 ft
- Rear Setback
- 25 ft
- Min Lot
- 4,000 sq ft
- Max Height
- 40 ft
- Front Setback
- 15 ft
- Side Setback
- 5 ft
- Rear Setback
- 20 ft
- Min Lot
- None
- Max Height
- 45 ft
- Front Setback
- 0 ft
- Side Setback
- 0 ft
- Rear Setback
- 15 ft
ADU Rules in Hempstead
- Max Size
- 750 sq ft
- Max Height
- 18 ft
- Rear Setback
- 5 ft
- Side Setback
- 5 ft
- Parking
- 1 additional space
- Owner Occupancy
- Required
- Permit Timeline
- 8-12 weeks
Permit Costs & Timelines
Permit Costs & Timelines
Specific permit fee schedules for Hempstead are available from the local planning department. Fees vary based on project type, scope, and valuation.
Check Hempstead permit fees →