NYCAC

Chapter 6-D - INDUSTRIAL BUSINESS ZONES¶

Section 22-625¶

Section 22-625

  §  22-625  Industrial  business  zone  boundary  commission.  (a)  The
industrial business  zone  boundary  commission  shall  consist  of  the
commissioner  of small business services, the director of city planning,
the  commissioner  of  buildings,  the  commissioner  of  finance,   the
commissioner  of  housing preservation and development, the commissioner
of citywide administrative  services,  the  president  of  the  economic
development  corporation,  a  member  of  the  community associated with
industrial and manufacturing activities who shall be  appointed  by  the
mayor   and  serve  at  the  mayor's  pleasure,  and  the  five  borough
presidents. The commissioner of small business services shall  serve  as
chairperson of the commission. Each member of the commission, except the
member  of  the  community  associated with industrial and manufacturing
activities, shall have the power to designate an alternate to  represent
him or her at commission meetings and exercise all the rights and powers
of  such  member,  including  the  right  to  vote,  provided  that such
designation is made in writing to the chairperson of the  commission.  A
borough  president  shall be entitled to vote only on the designation of
an industrial boundary zone, an amendment to the boundaries  of  such  a
zone,  or  the  repeal  of such a zone where all or part of the proposed
zone or existing zone is within his or her borough.  Commission  members
shall  serve  without  compensation.  A  majority  of  members  of  such
commission entitled to vote on a matter shall constitute  a  quorum  for
such  issue.  Decisions  shall be made by majority vote of those present
and entitled to vote on a matter.
  (b) The mission of the industrial business  zone  boundary  commission
shall be the preservation of industrial and manufacturing activities and
related employment within the city of New York.

Section 22-626¶

Section 22-626

  §  22-626  Industrial business zones. (a) The industrial business zone
boundary commission shall publish notice  at  least  once  in  the  City
Record or a newspaper of general circulation in the city setting forth:
  (1)  the  boundaries of one or more industrial business zones that the
commission proposes to be designated, amended or repealed; and
  (2) the date, which shall not be earlier  than  five  nor  later  than
fifteen  days  following  the  publication  of such notice, on which the
commission will hold a public hearing to hear all persons interested  in
the proposed designation, amendment or repeal of such zone or zones.
  (b) If after such public hearing, the commission designates or repeals
one or more industrial business zones or amends the boundaries of one or
more  such  zones,  it  shall  notify the local legislative body of such
designation, repeal or amendment not later than thirty days  after  such
designation, repeal or amendment.
  (c)  The  designation  or repeal of an industrial business zone or the
amendment of the boundaries of one  or  more  such  zones  shall  become
effective   upon   (1)   the  vote  of  the  commission  approving  such
designation, repeal or amendment or (2) any other date provided  for  by
the commission when it approves such designation, repeal or amendment.
  (d)  (1)  The  commission  may  designate  an area to be an industrial
business zone if it determines that the market conditions in  such  zone
are such that the availability of an industrial business zone tax credit
is   required   in  order  to  encourage  industrial  and  manufacturing
activities in such zone.
  (2) The commission may repeal an existing industrial business zone  if
it  determines that the market conditions in such zone are such that the
availability of an industrial business zone  tax  credit  is  no  longer
required  in  order to encourage industrial and manufacturing activities
in such zone.
  (3) The commission may amend in whole or in part the boundaries of  an
existing industrial business zone if it determines: (A) for any new area
or  areas  to be included within the zone, that the market conditions in
such area or areas are such  that  the  availability  of  an  industrial
business  zone  tax  credit is required in order to encourage industrial
and manufacturing activities in such area or areas; and (B) for any area
or areas to be eliminated from such zone, that the market conditions  in
such  area  or  areas  are  such  that the availability of an industrial
business zone tax credit is no longer required  in  order  to  encourage
industrial and manufacturing activities in such area or areas.
  (4)  In  making any of the determinations set forth in paragraphs one,
two or three of this subdivision, the commission shall  consider,  among
other  factors it determines are appropriate for consideration, existing
land uses, the industrial and manufacturing character  of  the  relevant
area,  the  relevant  area's  potential  development  for industrial and
manufacturing activities, whether there is any  as-of-right  zoning  for
new   residential   development  within  such  area,  vehicular  traffic
patterns, and existing or proposed empire zone boundaries.
  (5) Any land to be included in an industrial business  zone  shall  be
designated  as M-1, M-2, or M-3 pursuant to the zoning resolution of the
city of New York in effect at the time of designation.
  (6) For  the  purposes  of  this  subdivision,  the  term  "industrial
business  zone tax credit" means an industrial business zone tax credit,
as  provided  in  subdivision  (n)  of  section  11-503  or  subdivision
seventeen-b of section 11-604 of this code.