§ 143B-437.09. Urban progress zone designation.
§ 143B‑437.09. Urbanprogress zone designation.
(a) Urban Progress ZoneDefined. An urban progress zone is an area that meets all of the followingconditions:
(1) It is comprised ofpart or all of one or more contiguous census tracts, census block groups, orboth, in the most recent federal decennial census.
(2) All of the area islocated in whole within the primary corporate limits of a municipality with apopulation in excess of 10,000 according to the most recent annual populationestimates certified by the State Budget Officer.
(3) Every census tractand census block group that comprises the area meets at least one of thefollowing conditions:
a. It has a populationthat meets the poverty level threshold. The population of a census tract orcensus block group meets the poverty level threshold if more than twentypercent (20%) of its population is below the poverty level according to themost recent federal decennial census.
b. It is locatedadjacent to a census tract or census block group whose population meets thepoverty level threshold and at least fifty percent (50%) of the part of it thatis included in the area is zoned as nonresidential. No more than thirty‑fivepercent (35%) of the area of a zone may consist of census tracts or censusblock groups that satisfy this condition only.
c. It has a populationthat has a poverty level that is greater than the poverty level of thepopulation of the State and a per capita income that is at least ten percent(10%) below the per capita income of the State according to the most recentfederal decennial census, and it has experienced a major plant closing andlayoff within the past 10 years. A census tract or census block group hasexperienced a major plant closing and layoff if one of its industries has closedone or more facilities in the census tract or census block group resulting in alayoff of at least 3,000 employees working in the census tract or census blockgroup and if the number of employees laid off is greater than seven percent(7%) of the population of the municipality according to the most recent federaldecennial census.
(b) Limitations. Nocensus tract or block group may be located in more than one urban progresszone. The total area of all zones within a municipality may not exceed fifteenpercent (15%) of the total area of the municipality unless the smallestpossible area in the municipality satisfying all of the conditions ofsubsection (a) of this section exceeds fifteen percent (15%) of the total areaof the municipality. In the case of a municipality where the smallest possiblearea in the municipality satisfying all of the conditions of subsection (a) ofthis section exceeds fifteen percent (15%) of the total area of themunicipality, the smallest possible area in the municipality satisfying all ofthe conditions of subsection (a) of this section may be designated as an urbanpoverty zone.
(c) Designation. Uponapplication of a local government, the Secretary of Commerce shall make awritten determination whether an area is an urban progress zone that satisfiesthe conditions and limitations of subsections (a) and (b) of this section. Theapplication shall include all of the information listed in this subsection. Adetermination under this section is effective until December 31 of the yearfollowing the year in which the determination is made. The Department ofCommerce shall publish annually a list of all urban progress zones with adescription of their boundaries.
(1) A map showing thecensus tracts and block groups that would comprise the zone.
(2) A detaileddescription of the boundaries of the area that would comprise the zone.
(3) A zoning map for themunicipality with the proposed zone clearly delineated upon it.
(4) A certificationregarding the size of the proposed zone and the areas within the proposed zonezoned as nonresidential.
(5) Detailed censusinformation on the municipality and the proposed zone.
(6) A resolution of thegoverning body of the municipality requesting the designation of the area as anurban progress zone.
(7) Any other materialrequired by the Secretary of Commerce.
(d) Parcel of PropertyPartially in Urban Progress Zone. For the purposes of this section, a parcelof property that is located partially within an urban progress zone isconsidered entirely within the zone if all of the following conditions aresatisfied:
(1) At least fiftypercent (50%) of the parcel is located within the zone.
(2) The parcel was inexistence and under common ownership prior to the most recent federal decennialcensus.
(3) The parcel is aportion of land made up of one or more tracts or tax parcels of land that issurrounded by a continuous perimeter boundary. (2006‑252, s. 1.2; 2007‑515, s. 2.)