§ 13-265. Board consideration of applications.

(a)

The board shall take action on each application, including the enactment of the implementing ordinance should the board decide to grant the application, within ninety (90) days of the date on which a complete application is filed. During this 90-day period, interested agencies and parties shall have an opportunity to review and comment on the application. Time is of the essence in consideration of the application.

(b)

The threshold for eligibility is whether the business meets the definition of a new business or of an expansion of an existing business as set forth in section 13-262 of this authorizing ordinance, and one (1) which is not an ineligible business or industry as set forth in the subsection (d) of this section.

(c)

The next level to determine eligibility is the board's consideration of the information in the application to determine whether the exemption, if granted, would result in an economic benefit to the county.

(d)

Any existing business in violation of any federal, state, or local law or regulation governing environmental matters is not eligible for an exemption.

(e)

Before the board takes action on an application, the board shall deliver a copy of same to the property appraiser for review. After careful consideration, the property appraiser shall report to the board the fiscal impact of granting the exemption.

(f)

The property appraiser's report shall include the following:

(1)

The total revenue available to the county for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total available revenue cannot be determined;

(2)

The amount of revenue lost to the county for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined;

(3)

An estimate of the amount of revenue which would be lost to the county for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and

(4)

A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, or into neither, which determination the property appraiser shall also affix to the face of the application. Upon request, the department will provide the property appraiser such information as it may have available to assist in making this determination.

(g)

After consideration of the application and the report of the property appraiser on the application the board may choose to adopt an implementing ordinance granting the exemption to a new business or the expansion of an existing business. If an exemption is granted, the implementing ordinance shall include the following information:

(1)

The name and address of the new business or the expansion of an existing business;

(2)

The name of the owner or owners of the new business or the expansion of an existing business;

(3)

The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the county for the current fiscal year by virtue of exemptions currently in effect, and the estimated revenue loss attributable to the exemption granted to the new business or the expansion of an existing business;

(4)

The period of time for which the exemption will remain in effect and the expiration date of the exemption; and

(5)

A finding that the business meets the definition of a new business or an expansion of an existing business, as set forth in section 13-262 hereof.

(h)

The business granted an exemption shall be required to inform the board in writing within ten (10) days as to any changes in ownership of the business granted an exemption. Failure of the business granted an exemption to notify the board in writing of any such changes in ownership is cause for revocation of the exemption.

(i)

No precedent shall be implied or inferred by the granting of an exemption to any new business or expansion of an existing business. Applications for exemptions shall be considered by the board on a case-by case basis for each application, after consideration of the application and the property appraiser's report on the application.

(Ord. No. 11-05, § 5, 7-18-11)