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Danville City Zoning Code

CHAPTER 159

ENTERPRISE ZONE

§ 159.01 ENTERPRISE ZONE DESIGNATED.

   The City of Danville hereby designates the area set forth in Exhibit A to Ord. 9217, attached thereto and incorporated by reference herein, as an Enterprise Zone for a period of fifteen (15) years, from January 2, 2016 to December 31, 2030. The State of Illinois certified and approved such Enterprise Zone on January 1, 2016.
(Ord. 7032, passed 12-20-83; Am. Ord. 7251, passed 6-9-87; Am. Ord. 7423, passed 10-17-89; Am. Ord. 7473, passed 7-3-90; Am. Ord. 7575, passed 6-2-92; Am. Ord. 7961, passed 5-5-98; Am. Ord. 8038, passed 9-21-99; Am. Ord. 8325, passed 9-23-03; Am. Ord. 8326, passed 10-28-03; Am. Ord. 8411, passed 2-15-05; Am. Ord. 8541, passed 5-15-07; Am. Ord. 8739, passed 5-17-11; Am. Ord. 8910, passed 12-3-13; Am. Ord. 8980, passed 12-16-14; Am. Ord. 9217, passed 8-6-19; Am. Ord. 9506, passed 9-17-24)

§ 159.02 FINDINGS.

   The city finds as follows:
   (A) Following due and sufficient public notice the city held a public hearing concerning establishment of the enterprise zone as set forth in Exhibit “A” on November 25, 2014 in the City Council Chambers of City Hall, which is located in the area designated as an Enterprise Zone.
   (B) The enterprise zone is a contiguous area comprising more than one-half square mile and less than 12 square miles in total area.
   (C) The enterprise zone meets 3 of the 10 qualifying criteria designated in Section 4 of the Illinois Enterprise Zone Act.
(Ord. 7032, passed 12-20-83; Am. Ord. 7423, passed 10-17-89; Am. Ord. 7473, passed 7-3--90; Am. Ord. 7575, passed 6-2-92; Am. Ord. 7961, passed 5-5-98; Am. Ord. 8541, passed 5-15-07; Am. Ord. 9217, passed 8-6-19)

§ 159.03 INCENTIVES AVAILABLE.

   The Mayor and City Council in an effort to facilitate the successful development of the enterprise zone will make available the following incentives and target the following programs within the enterprise zone for the life of the enterprise zone and in accordance with policies and procedures to be implemented following designation of the enterprise zone by the Department of Commerce and Economic Opportunity. In order to qualify for the following incentives, a project must be of such a nature as would normally require a building permit from the city.
   (A)   Property (real estate) tax abatement.
      (1)   Commercial, industrial. Abatement for commercial and industrial rehabilitation, expansion and/or new development projects shall be for a period of ten years for each project completed prior to the termination date of the enterprise zone and which is eligible and recommended by the Zone Administrator.
      (2)   Residential. Abatement for single-family and multi-family residential rehabilitation and construction projects shall be for a five year period for each project which is completed prior to the termination date of the enterprise zone and which is eligible and recommended by the Zone Administrator.
      (3)   Abatement amount. Property tax abatement shall be granted on the increase assessed valuation resulting from an approved project. The abatement shall be based upon the following:
         (a)   For residential projects, abatement shall be granted at 50%.
         (b)   For commercial or industrial projects the abatement shall be based upon the following criteria. “Value of project improvements” shall include land, construction and equipment costs.
Value of Projects         Abatement
Improvements         Received
$0 - $250,000         25% abatement for 10 years
$251,000 - $10 million      50% abatement for 10 years
Over $10 million         75% abatement for 10 years
   (B)   Sales tax abatement. Abatement of the sales tax on building and construction materials to be incorporated into real estate in the Danville/Vermilion County Enterprise Zone, as designated, by remodeling, rehabilitation or new construction, shall be granted upon application for a building permit and issuance of a sales tax certificate. Such materials must be purchased from a retailer located in the City of Danville.
   (C)   Permit and Fee Waivers. Waiver of one-half of the permit fees on a building permit applications and one-half of the permit fees on those electrical, mechanical and plumbing permit applications that are for new construction work for projects undertaken with the Danville/Vermilion County Enterprise Zone fo the term of the Enterprise Zone. All other terms and conditions of their respective Ordinances and regulations will otherwise continue to apply.
(Ord. 7032, passed 12-20-83; Am. Ord. 7089, passed 10-2-84; Am. Ord. 7575, passed 6-2-92; Am. Ord. 7961, passed 5-5-98; Am. Ord. 8541, passed 5-15-07; Am. Ord. 9217, passed 8-6-19)

§ 159.05 ZONE ADMINISTRATOR.

   The Mayor and City Council in an effort to successfully facilitate the enterprise zone will designate a Zone Administrator who will carry out the functions and management of the enterprise zone. The Zone Administrator will be an employee or officer of the city.
(Ord. 7032, passed l2-20-83; amend. Ord. 8541, passed 5-15-07)

§ 159.06 DESIGNATED ZONE ORGANIZATION.

   In order to facilitate the successful development of the enterprise zone, in accordance with the Illinois Enterprise Zone Act, this chapter provides herewith for the formation of a Designated Zone Organization to which the Mayor and the City Council will delegate functions within the enterprise zone.
(Ord. 7032, passed l2-20-83; amend. Ord. 8541, passed 5-15-07)

§ 159.07 ADDITIONAL TAX INCENTIVES.

   This chapter does not prohibit the city from extending additional tax incentives or reimbursements for residents and business enterprises in the enterprise zone or throughout the city by separate ordinance.
(Ord. 7032, passed 12-20-83; amend. Ord. 8541, passed 5-15-07)

§ 159.08 CONFORMANCE TO CODES, ORDINANCES AND REGULATIONS.

   No incentive shall be available to any project which is not constructed, used or occupied in conformance with all city codes, ordinances and regulations. Except as otherwise expressly and specifically provided herein, nothing contained herein shall be construed to waive, abrogate, lessen or weaken the full force, effect and application of all laws, resolutions, codes, regulations and ordinances of the city to any project or any person or property.
(Ord. 8271, passed 9-3-02; amend. Ord. 8541, passed 5-15-07)

§ 159.99 VIOLATIONS AND PENALTIES.

   (A)   No person shall knowingly misrepresent facts in order to receive any tax abatement or other incentive provided for in this chapter.
   (B)   In addition to other penalties provided by law, for purposes of administration of the enterprise zone, the initial determination of any alleged violation shall be made by the Zone Administrator. Upon making the initial determination, the Zone Administrator shall notify the property owner of the alleged violation at least 15 days before any further action is taken. The property owner may, within 15 days after receipt of the notification, submit a written appeal for review by the governing body of the jurisdiction within which such alleged violation is located. Such written appeal must be submitted to the Zone Administrator and clearly set forth the basis for the appeal. If the alleged violator fails to appeal the initial determination of violation or if the determination is upheld by the governing body having jurisdiction, the alleged violator will be subject to the following administrative penalties:
      (1)   Revocation of any tax abatements provided under the terms of this chapter and retroactive collection of taxes due on the property from the date on which the abatement became effective along with interest equal to that which would otherwise be assessed on delinquent property tax payments for the period on which the abatement was in effect; and
      (2)   Loss of eligibility of the project for any other incentive or targeted program provided under this chapter.
(Ord. 8541, passed 5-15-07)