Section 22-626. Industrial business zones


Latest version.
  • (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      commission proposes to be designated, amended or repealed; and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.