Current through all regulations passed and filed through September 16, 2024
(A) As used in division (A)(1)(d) of section
5709.61 of the Revised Code, a
prevalence shall mean that at least five per cent of the commercial or
industrial structures in the area proposed as an enterprise zone are vacant or
demolished, or are vacant and the taxes charged thereon are delinquent.
(1) A retail facility in the area shall be
counted as a commercial structure.
(2) A vacant structure is a facility which
has fifty-one per cent or more of its total square footage under a roof
vacant.
(3) Facilities which are
both vacant or demolished, and vacant and tax delinquent, shall only be counted
once.
(4) The applicable county or
municipal corporation shall certify the accuracy of the criteria set forth in
this paragraph, and shall also certify that the creation of the enterprise zone
will most likely result in the reduction of vacant and demolished, and vacant
and tax delinquent, structure in the area of the county or corporation shall
also specify a rationale to explain the basis of the certification.
(5) The applicable county or municipal
corporation shall update the criteria set forth in this paragraph every two
years to maintain the status of the area as an enterprise zone.
(B) As used in division (A)(1)(g)
of section 5709.61 of the Revised Code,
documentation must be submitted with the application demonstrating, to the
satisfaction of the director of the development
services agency, that the structure is vacant or
under-utilized or used for a non-intended purpose.
(1) The applicable county or municipal
corporation shall specifically identify such structures in the
agreement.
(2) Agreement which
include structures that were not included in the municipal corporation's, or
county's, petition for enterprise zone designation shall be revoked by the
director and the tax incentives for that year shall be disallowed unless
excepted by division (A)(1)(h) of section
5709.61 of the Revised
Code.
(C) As used in
division (A)(1)(h) of section
5709.61 of the Revised Code, no
averaging of values between or among multiple school districts shall be
permitted.
(1) Documentation shall be provided
by the applicable county or municipal corporation to demonstrate, to the
satisfaction of the director, that the enterprise zone boundary either
corresponds do, or does not exceed, the boundary of the eligible school
district.
(2) The director shall
provide a list of eligible school districts and shall update the list using
information supplied by the tax commissioners every two years to any interested
party.
(D) As used in
division (A)(2) of section
5709.64 of the Revised Code,
"new employee" is further defined to mean a full-time employee hired after the
enterprise entered an agreement under section
5709.62 or
5709.63 or
5709.632 of the Revised Code and
maintained in a non-retail position at the facility as of the last day of the
calendar year immediately preceding the year in which the tax incentive
qualification certificate application is made.
