File #: Res 1079-2005    Version: * Name: Amend the text of the NYC Zoning Resolution to create Industrial Employment Districts.
Type: Resolution Status: Filed
Committee: Committee on Land Use
On agenda: 7/27/2005
Enactment date: Law number:
Title: Resolution to amend the text of the New York City Zoning Resolution to create Industrial Employment Districts.
Sponsors: Melinda R. Katz, Leroy G. Comrie, Jr., Alan J. Gerson, Michael C. Nelson, James Sanders, Jr.
Council Member Sponsors: 5

Res. No. 1079


Resolution to amend the text of the New York City Zoning Resolution to create Industrial Employment Districts.


By Council Members Katz, Comrie, Gerson, Nelson and Sanders Jr.


Whereas, Section 201 of the New York City Charter allows, inter alia, the Land Use Committee of the City Council to file an application for changes to the Zoning Resolution if two-thirds of the members of the Committee shall have voted to do so; and

Whereas, we are desirous of creating a new zoning district that is designed to protect existing and encourage new manufacturing uses in certain parts of the city; and

Whereas, an application for a change to the text of the Zoning Resolution made by the City Council Land Use Committee will be considered and reviewed in the manner set forth in Section 200 of the Charter and will undergo such environmental review as is required by law; now, therefore, be it RESOLVED that the Land Use Committee hereby approves the filing of an application to amend the Zoning Resolution of the City of New York in the manner set forth below:


Underlined matter is new, to be added

Matter in Strikeout is old, to be deleted

Matter within #   # is defined in Section 12-10


*   *   *   indicates where unchanged text appears in the Zoning Resolution


*   *   *

Article XII

Chapter 4


Special Industrial Employment District




The Special Industrial Employment District regulations established in this Chapter of the Resolution are designed to promote and protect public health, safety and general welfare, and contribute to a well-considered plan.  These general goals include, among others, the following specific purposes:


(a)                     To provide sufficient space, in locations where nearby redevelopment has the potential to create obstacles to the viability and growth of existing industrial employment clusters, to meet the city’s present and future needs with regard to manufacturing and industrial activities;

(b)                     To provide, to the maximum extent practicable, that space will be available for continued use as manufacturing or industrial space in those areas designated by city and/or state agencies as priority locations for such uses;

(c)                     To retain adequate wage- and job-producing industries in areas in close proximity to new commercial and residential development;

(d)                     To provide a reasonable level of certainty to property owners, developers and areas residents in regard to what uses are permitted;

(e)                     To help attract significant clusters of manufacturing, industrial, warehousing, wholesaling and distribution activities that will complement and enhance presently existing areas; and

(f)                     To promote the stability of the city’s manufacturing and industrial sector and to maintain as diverse its economic base by promoting certain areas as especially appropriate for manufacturing and industrial purposes thus conserving the value of land and protecting the city’s tax revenue.





An Industrial Employment District (“IED”) is a Special Purpose District designated by the letters IED in which special regulations as set forth in Article XII, Chapter 4 shall apply to all developments, enlargements, extensions, alterations and changes of use.  The IED appears on zoning maps superimposed on other districts and its regulations supplement those of the districts on which they are superimposed.


Industrial Employment Districts are confined to #Manufacturing Districts#.



General Provisions


In harmony with the general purpose and intent of this Resolution and the general purposes of the Industrial Employment District and in accordance with the provisions of this Chapter, certain specified use, loading and accessory parking regulations of the districts on which the Industrial Employment District has been superimposed are rendered inapplicable and are superseded by the use, loading and accessory parking regulations as set forth in this Chapter.


 In addition to meeting the use, bulk, loading and accessory parking regulations as set forth in this Chapter, each development, enlargement, extension, alteration or change of use shall conform to and comply with all of the applicable #Manufacturing District# regulations of this Resolution, including performance standards, except as otherwise specifically provided in this Chapter.



Special Use Regulations


In Industrial Employment Districts, all uses permitted by the underlying #Manufacturing District# as set forth in any other provision of this Resolution, shall be permitted, except as superseded, modified or supplemented by this Chapter.


All uses shall be permitted in the Industrial Employment Districts in accordance with applicable district use regulations and performance standards, subject to the following modifications:


Modifications to Use Group 4

In Use Group 4, the following uses are permitted only by  Special Permit of the City Planning Commission:




Outdoor tennis courts or ice skating rinks


Golf courses


Public parks, playgrounds or private parks


Modifications to Use Group 5

In Use Group 5, all uses are permitted only by Special Permit of the City Planning Commission.


Modifications to Use Groups 6 through 14


In Use Groups 6 through 14 the following uses are permitted only by Special Permit of the City Planning Commission:


Any retail use in Use Group 6A that occupies floor area greater than 10,000 square feet


Any office use in Use Group 6B uses that occupies floor area greater than of 6,000 square feet


All Use Group 6C uses except frozen food lockers, jewelry or art metal craft shops, docks for ferries or water taxis, locksmiths, automobile supply stores and eating and drinking establishments that occupy less than 2,000 square feet


Motels, tourist cabins or boatels


All Use Group 8 uses except lumber stores


Wedding chapels, art studios


All Use Group 10A uses except television or radio studios, docks for ferries


All Use Group 12A uses


Commercial art galleries, bookstores and antique stores


All Use Group 13A uses


Banquet halls


Non-commercial clubs


Modification to Use Group 18


Sewage disposal plants


Dumps, marine transfer stations for garbage or slag piles


Electric power or steam generating plants




Off-street parking regulations


General Purposes


The following regulations on permitted and required accessory off-street parking are adopted in order to provide sufficient parking off-street for the increasing number of people driving to work, to relieve congestion on surrounding streets, to prevent all-day parking in residential areas and to promote better and more efficient access to and from manufacturing and industrial areas.


Except as otherwise provided in this Section, the regulations of this Chapter on permitted or required #accessory# off-street parking spaces apply to manufacturing, commercial or community facility uses, as set forth herein. 


In an Industrial Employment District, no accessory group parking facility shall contain more than 150 off-street parking spaces.  In an Industrial Employment District, the Board of Standards and Appeals may not permit accessory group parking facilities in excess of 150 spaces.


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Section 74-97


Special Permits for uses not allowed as-of-right in Industrial Employment Districts


In Industrial Employment Districts, located within M1, M2, or M3 Districts, the City Planning Commission may permit those uses set forth in Article XII, Chapter 4, Section 124-03 provided the following findings are made:

(a)                     that such use will not adversely affect the stability of the surrounding area’s manufacturing or industrial uses; and

(b)                     that adequate consideration has been given to the selection of a site in a district where such use is permitted as-of-right and that no such site has been deemed feasible; and

(c)                     that such use will not draw vehicular traffic into such district in a volume that would disrupt permitted uses within the district.


The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of permitting such use.