(a) The following incentives, benefits and regulatory relief shall apply, to the extent stated herein, to residents, employees, employers, businesses and other persons within an enterprise zone or in their dealings with others in an enterprise zone:
1. Any and all incentives, benefits and regulatory relief granted under the Illinois Enterprise Zone Act, to the extent stated in such act, if the enterprise zone is declared and certified an enterprise zone under such act. In the event that property is located in both an enterprise zone and a redevelopment project area, such property shall not be eligible for any abatement of taxes under Section 18-170 of the Property Tax Code, 35 ILCS 200, as amended, for new improvements or the renovation or rehabilitation of existing improvements;
2. Any and all incentives, benefits and regulatory relief granted under a federal enterprise zone act, to the extent stated in such act, if the enterprise zone is declared and certified an enterprise zone under such an act;
3. The following city taxes shall not apply within an enterprise zone, to the extent stated herein:
A. Each retailer who makes a sale of building materials to be incorporated into real estate in an enterprise zone within the city, by remodeling, rehabilitation or new construction, may deduct receipts from such sales when calculating the Home Rule Municipal Retailers' Occupation Tax, Chapter 3-40 , Section 3-40-010 of the Municipal Code of Chicago, pursuant to 5k of the Retailers' Occupation Tax Act. “Retailer” shall have the same meaning as given such in the Home Rule Municipal Retailers' Occupation Tax Act. This tax benefit shall only apply to the sale of building materials that will be incorporated into real estate as part of a building project for which a certificate of eligibility for sales tax exemption has been issued by the administrator of the city enterprise zone. To document the exemption allowed under this section, the retailer must obtain from the purchaser a copy of the certificate of eligibility for sales tax exemption (the “certificate”) issued by the administrator of the enterprise zone. The certificate must contain the following information:
1. A statement that the building project identified in the certificate meets all the requirements for the building material exemption allowed by this section;
2. The location or address of the building project;
3. The signature of the administrator of the enterprise zone; and
4. Certification from the purchaser of the following:
a. The building materials are being purchased for incorporation into real estate located in an Illinois enterprise zone;
b. The location or address of the real estate into which the building materials will be incorporated;
c. The name of the enterprise zone in which that real estate is located;
d. A description of the building materials being purchased;
e. The purchaser's signature and date of purchase.
B. The transfer of title to, or beneficial interest in, real property used primarily for commercial or industrial purposes located within an enterprise zone shall be exempt from the Chicago Real Property Transfer Tax, Chapter 3-33 of this Code.
4. The following city ordinances and regulations shall be modified or eliminated, to the extent provided herein, in an enterprise zone.
A. All zoning and zoning districts within an enterprise zone shall be reviewed by the zone administrator with assistance from the zoning administrator for the city the zoning board of appeals. The zone administrator shall before June 1, 1983, and afterwards as he deems necessary, recommend to the city council, modifications to the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, in relation to the city's enterprise zones, to further the purposes of this chapter. Any modifications shall be subject to the restrictions on such in the Illinois Enterprise Zone Act.
In the interim and until changed, as to variances within a zoned district in an enterprise zone, the zone administrator shall have the power, concurrently with the zoning board of appeals, to grant a variance to a person whenever he feels it necessary or proper to encourage business growth in the enterprise zone, without harming other community interests. The zone administrator must hold a public hearing on the proposed variance, and publish notice of such in a newspaper of general circulation within the enterprise zone affected at least 15 days but not more than 30 days before the hearing. The hearing shall be held within 60 days of receipt of a valid application for variance.
B. [Reserved.].
C. All city licenses shall be issued by the zone administrator or his representative. A person, therefore, shall be able to obtain all necessary city licenses from the zone administrator. Any licenses that require an investigation or other determination, other than ministerial, shall be subject to review by the city department normally issuing or reviewing such, before the license will be issued by the zone administrator or his representative. In such a situation an application for the license may still be made to the zone administrator, but only a receipt for the application will be issued. The zone administrator or his representative shall, thereafter, send the application to the proper city department for review and determination. These applications shall be given priority status by such city department.
D. The zone administrator may also review all other city ordinances and regulations that may affect an enterprise zone, and make recommendations for modifications to them if he feels it necessary to further the purposes of this chapter.
(b) The department may recommend to the city council organizations that qualify as designated zone organizations under the Illinois Enterprise Zone Act. The city council may declare one or more of these organizations as designated zone organizations under this chapter. Such designated zone organizations shall have the following powers, unless otherwise stated by the city council:
1. To provide volunteer day care centers, drug abuse programs or recreational activities for zone area youth;
2. To establish crime watch patrols within the zone neighborhoods, in conjunction with the city police department;
3. To contract with the zone administrator to provide necessary services to the zone, which had in the past been performed by the city or others, if the zone administrator determines that the designated zone organization will more properly, efficiently and economically perform the service. The services that can be contracted for are those listed in Section 8 of the Illinois Enterprise Zone Act;
4. To voluntarily provide, or to contract with the zone administrator to provide, other services that are specifically allowed by the city council;
5. To voluntarily provide other services that are stated in Section 8 of the Illinois Enterprise Zone Act and to have the authority to perform the other functions stated in such section, subject to receiving the necessary governmental authorizations;
6. To take title to any real property, in an enterprise zone, sold to such designated zone organization under the city's urban shopstead program, subject to the restrictions stated in its sales agreement with the city, those stated in the Illinois Enterprise Zone Act and those stated in this chapter. This paragraph 6 only applies if the enterprise zone was certified an enterprise zone under the Illinois Enterprise Zone Act.
(Prior code § 201-7; Amend Coun. J. 6-28-91, p. 2433; Amend Coun. J. 12-11-91, p. 10936; Amend Coun. J. 1-14-92, p. 11419; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 11-10-94, p. 59125, § 27, effective 7-1-95; Amend Coun. J. 12-10-97, p. 58159, § 3; Amend Coun. J. 3-5-03, p. 104558, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 107)
Notes
| 3-40 | The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 3-40-010 | The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 3-33 | The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |