The following procedure is established for the designation of economic revitalization areas for purposes of property tax abatement:
(A) Applications for designation of economic revitalization may be initiated by:
(1) The owner or owners of 50% or more of the land involved;
(2) The Director of the Department of Community Development of the city; and
(3) The Common Council.
(B) All requests shall be filed with the Department of Community Development, shall be in writing and signed by the applicant and shall contain all applicable information required by the application form, made a part hereof by reference, and shall be supported by payment of the fees hereinafter fixed.
(C) Upon receipt of an application for the designation of an economic revitalization area and its supporting data, the Department of Community Development Administrator and Tax Abatement Committee, which shall consist of President of the Common Council, Clerk-Treasurer, and the Mayor or Mayoral Appointee, shall review the application and the proposed rehabilitation or redevelopment project with regards to:
(1) Furtherance of city developmental objectives.
(2) Creation of employment opportunities.
(3) Effective utilization of by-passed or under-utilized land.
(4) Rehabilitation or replacement of obsolete or deteriorated structures.
(5) Preservation of historic structures.
(6) Expansion of property tax base.
(7) Efficient utilization and conservation of energy.
(8) Stabilization of property values.
(9) Conformity with sound planning principles.
(10) Financial impact of the projected amount of property tax abatement and the projected cost of providing city services and facilities.
(D) Where appropriate, the Department of Community Development may forward copies of the application for the designation of an economic revitalization area to any department, agency, or utility of the city which would be or might be affected by the proposed rehabilitation or redevelopment project for review as to its impact on their respective responsibilities.
(E) The Council may consider a preliminary declaratory resolution designating the requested economic revitalization area, and fixing the duration of Such designation for a term not to exceed 15 years, at its first regular or special meeting five days following the filing of the application, and upon the adoption of such resolution the Council shall fix the date, time, and place when it will consider a final declaratory resolution with respect to that area.
(F) After adoption of the preliminary declaratory resolution the Department of Community Development shall cause a notice of such adoption and the purpose thereof, and of the fact that maps and plats have been prepared and can be inspected at the office of that department, to be published once in a daily newspaper published and of general circulation in the city, and the notice shall state the date, time, and place, not less than ten days after the date of such publication, on which the Council will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project.
(G) On the date and at the time and place theretofore fixed and as stated in the notice, the Council shall receive and hear remonstrances and objections to the resolution, and it shall also receive and consider the reports and recommendations of the departments, agencies, and utilities of the city to which the application shall have been referred, together with the additional evidence and arguments, if any, of the applicant, with respect to the application. In its deliberations the Council shall give consideration to all those factors with respect to which departments, agencies, and utilities of the city have made reports and recommendation. The hearing may be adjourned from time to time. At the conclusion of the hearing, if the Council approves the application, it shall adopt a final declaratory resolution confirming or modifying and confirming the preliminary declaratory resolution. If the Council disapproves the application it shall rescind the preliminary declaratory resolution. Such action shall be duly recorded, and shall be binding and conclusive on all persons, except that any person who has filed a written remonstrance and is aggrieved by such decision may, within ten days, appeal to the County Circuit Court, as hereinafter provided.
(H) (1) Any applicant, and any other person who has filed a written remonstrance to such application, who is aggrieved by the final action taken by the Council, may, within ten days after such final action, file in the office of the Clerk of the County Circuit Court, a copy of the application, all written remonstrances thereto, the order of the Council, and his appeal therefrom, together with his bond conditioned to pay the costs of the appeal should the appeal be determined against him.
(2) The appeal shall be heard and determined within the limitations and restrictions imposed by IC 6-1.1-12.1-2.5 (d) and (e); provided, however, that in all appeals the burden of proof shall be upon the appellant.
(I) The Council will not consider any application for any area for which a building permit has been issued or construction has been initiated prior to the property's designation as an economic revitalization area. Exceptions may be allowed by the Council if substantial evidence is provided by the owner that the obtaining of a building permit prior to the initiation of construction was not required, or if the owner can provide substantial written evidence that the application was being processed in compliance with statutory criteria and with the procedures as set forth by §§ 102.01 through 102.03.
(J) After adoption of a final declaratory resolution by the Council, the property owner may file a certified deduction application form with the County Auditor as by law provided.
(Ord. 2421, passed 6-6-83; Am. Ord. 3080, passed 11-2-92)