16-12-010 Title.
16-12-020 Definitions.
16-12-030 Departmental powers and duties.
16-12-040 Application for certification.
16-12-050 Entitlement to relief – Effective period.
16-12-060 Zone administrator – Powers and duties.
16-12-070 Incentives, benefits and regulatory relief.
16-12-080 Urban homestead and shopstead programs.
16-12-090 Additional tax or regulatory relief.
16-12-100 Revolving loans and industrial revenue bonds.
16-12-110 Cooperation with other governmental agencies.
16-12-120 Constitutionality.
For the purpose of this chapter, when any of the following words or terms are used herein, they shall have the meaning or construction ascribed to them in this section, unless otherwise specified:
"City" means the City of Chicago, Illinois.
"City council" means the city council of the City of Chicago, Illinois.
"Department" means the department of planning and development of the city.
"Department of Commerce and Economic Development" means the Department of Commerce and Economic Development of the state.
"Depressed area" means an area within the city that meets the criteria for a depressed area set by the Illinois Enterprise Zone Act and any rules or regulations issued by the Department of Commerce and Community Affairs concerning the eligibility of an area as a depressed area under the Illinois Enterprise Zone Act.
"Designated zone organization" means an organization within an enterprise zone which meets the requirements of a designated zone organization under the Illinois Enterprise Zone Act, and has been designated such pursuant to Section 16-12-070 of this chapter.
"Enterprise zone" means a depressed area of the city which was designated a proposed enterprise zone by the city council and which has been approved and certified by the Department of Commerce and Community Affairs as an enterprise zone under the Illinois Enterprise Zone Act and/or has been approved and certified by the proper federal authority as an enterprise zone under any federal enterprise zone legislation.
"Finance committee" means the finance committee of the city council of the City of Chicago.
"Person" means any individual, partnership, association, sole proprietorship, club, society, foundation, institution, joint stock company, joint venture, public or private corporation, or a receiver, executor, trustee, conservator, a representative appointed by order of any court or any other entity which is eligible for benefits under the Illinois Enterprise Zone Act.
"Proposed enterprise zone" means a depressed area of the city designated as such by ordinance by the city council pursuant to this chapter.
"Redevelopment project area" means an area within the city that meets the criteria for a redevelopment project area set by the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code, 65 ILCS 5/11-74.4, as amended, and any rules and regulations issued by the state concerning the qualifications of an area as a redevelopment project area.
"State" means the State of Illinois.
"Zone administrator" means an officer or employee of the city, designated by the city council, by ordinance, to administer the enterprise zone or zones within the city. The zone administrator shall have the powers and duties set forth in Section 16-12-060 of this chapter.
(Prior code § 201-2; Amend Coun. J. 12-11-91, p. 10936; Amend Coun. J. 12-10-97, p. 58159, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 28)
(a) The department shall promulgate, with the assistance of the zone administrator, all necessary rules and regulations to carry out the provisions of this chapter. It shall also be required to determine which areas of the city may qualify as depressed areas. It shall have the power to determine the size and location of depressed areas in the city. It shall have the power to exclude, from the depressed area those parts of a depressed area that would disqualify the depressed area from qualifying as an enterprise zone.
(b) Each area determined by the department as being a depressed area must meet the other qualifications needed to be eligible for enterprise zone certification under the Illinois Enterprise Zone Act and/or any federal enterprise zone act, before being recommended as a proposed enterprise zone to the city council.
(c) The department shall present its recommendations for proposed enterprise zones to the city council for approval. These recommendations shall include an analysis of the current status and a map of the area recommended, demonstrating that the area is qualified as an enterprise zone; the possible benefits or effects of an enterprise zone classification of the area; the likelihood of state or federal approval of the area as an enterprise zone; any organizations (especially designated zone organizations) or other groups supporting the recommendation; the estimated costs, including reduced tax revenues, to the city by designating the area as an enterprise zone; and any other information available to the department, which would be required by the Illinois Enterprise Zone Act or any federal enterprise zone act, if any, if this recommendation was made as an application for certification as an enterprise zone under such acts.
(d) The department may present recommendations of proposed enterprise zones to the city council at any time during a calendar year.
(e) The city council upon receipt of the department recommendations shall refer such recommendations to the finance committee of the city council. The finance committee shall hold a public hearing on the recommendations within the recommended proposed enterprise zone, within 30 days of its receipt of the department's recommendation from the city council. This hearing shall address, among others, the issues of whether to create the zone, what local plans, tax incentives and other programs should be established in connection with the zone, and what the boundaries of the zone should be. Notice of the hearing shall be published in at least one newspaper of general circulation within the recommended zone area, not more than 20 days nor less than five days before the hearing.
(f) The finance committee shall approve, disapprove or modify the department's recommendations of proposed enterprise zones. If the finance committee decides to modify or disapprove a department's recommendation, it shall allow the department time to comment on the modification or disapproval before presenting it to the city council for approval. The finance committee shall within 60 days after the hearing required in subsection (e) above, present to the city council its recommendations, including any department comments, for either approval or disapproval of the department's recommended proposed enterprise zone, including therein any modifications made by the finance committee. The city council shall, thereafter, either approve the zone recommended by the department, with or without the modifications made thereto by the finance committee, or disapprove such zone recommended by the department. If adopted by the city council the recommended area shall be considered a "proposed enterprise zone". This adopting ordinance designating a proposed enterprise zone shall be in the format and include the criteria required in the Illinois Enterprise Zone Act and/or any federal enterprise zone legislation.
(Prior code § 201-3)
(a) The department shall be required to submit to the Department of Commerce and Community Affairs a written application for certification as an enterprise zone, following the requirements in the Illinois Enterprise Zone Act, for each proposed enterprise zone adopted by the city council. The department shall make all efforts to deliver any such application to the Department of Commerce and Community Affairs no later than December 31st of the calendar year in which the proposed enterprise zone was designated such by the city council.
(b) The department may also submit to the proper federal authorities a written application for certification as an enterprise zone, following the requirements set forth by such authorities and pursuant to any federal enterprise zone legislation, for any proposed enterprise zone designated by the city council.
(Prior code § 201-4)
(a) Only enterprise zones shall be entitled to receive benefits provided for in this chapter, not proposed enterprise zones. A proposed enterprise zone shall remain a proposed enterprise zone until it is declared and certified an enterprise zone under the Illinois Enterprise Zone Act and/or any federal enterprise zone act. Any proposed enterprise zone that is rejected by the proper state and federal authorities under the above acts, or which has not been approved and certified an enterprise zone by either authority within one year after being designated by the city council as a proposed enterprise zone may, thereafter, be repealed by the city council at any time before any such approval and certification.
(b) An enterprise zone and all incentives provided for such zone shall remain effective for a period of 30 calendar years, unless otherwise stated herein, or for a lesser number of years if such is (i) specified in the ordinance designating a proposed enterprise zone, or (ii) required in any federal enterprise zone act, for proposed enterprise zones which were declared enterprise zones under such act. Except as otherwise provided, an enterprise zone shall terminate at midnight on December 31st of the final calendar year of the enterprise zone's certified term. The city council can remove or amend the designation of any zone pursuant to the criteria and limitations set forth in the Illinois Enterprise Zone Act, if the zone was certified an enterprise zone under such act, and/or any federal enterprise zone act, if the zone was certified an enterprise zone under such an act.
(Prior code § 201-5; Amend Coun. J. 5-29-02, p. 85301; Amend Coun. J. 9-4-02, p. 92162, § 2)
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