Section 6-1.1-12.1-2 - Findings by designating body; economic revitalization area; residentially distressed area; conditions; property tax deductions; fees(a) A designating body may find that a particular area within its jurisdiction is an economic revitalization area. However, the deduction provided by this chapter for economic revitalization areas not within a city or town shall not be available to retail businesses.(b) In a county containing a consolidated city or within a city or town, a designating body may find that a particular area within its jurisdiction is a residentially distressed area. Designation of an area as a residentially distressed area has the same effect as designating an area as an economic revitalization area, except that the amount of the deduction shall be calculated as specified in section 4.1 of this chapter and the deduction is allowed for not more than the number of years specified by the designating body under section 17 of this chapter. In order to declare a particular area a residentially distressed area, the designating body must follow the same procedure that is required to designate an area as an economic revitalization area and must make all the following additional findings or all the additional findings described in subsection (c):(1) The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings or multifamily dwellings designed for up to four (4) families, including accessory buildings for those dwellings.(2) Any dwellings in the area are not permanently occupied and are:(A) the subject of an order issued under IC 36-7-9; or(B) evidencing significant building deficiencies.(3) Parcels of property in the area:(A) have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or(B) are owned by a unit of local government. However, in a city in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), the designating body is only required to make one (1) of the additional findings described in this subsection or one (1) of the additional findings described in subsection (c).
(c) In a county containing a consolidated city or within a city or town, a designating body that wishes to designate a particular area a residentially distressed area may make the following additional findings as an alternative to the additional findings described in subsection (b):(1) A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land.(2) A significant number of dwelling units within the area are:(A) the subject of an order issued under IC 36-7-9; or(B) evidencing significant building deficiencies.(3) The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the area is owned by Indiana or the United States.(4) The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the designating body's jurisdiction. However, in a city in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), the designating body is only required to make one (1) of the additional findings described in this subsection as an alternative to one (1) of the additional findings described in subsection (b).
(d) A designating body is required to attach the following conditions to the grant of a residentially distressed area designation:(1) The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability.(2) If a designation application is filed, the designating body may require that the redevelopment or rehabilitation be completed within a reasonable period of time.(e) To make a designation described in subsection (a) or (b), the designating body shall use procedures prescribed in section 2.5 of this chapter.(f) The property tax deductions provided by section 3, 4.5, or 4.8 of this chapter are only available within an area which the designating body finds to be an economic revitalization area.(g) The designating body may adopt a resolution establishing general standards to be used, along with the requirements set forth in the definition of economic revitalization area, by the designating body in finding an area to be an economic revitalization area. The standards must have a reasonable relationship to the development objectives of the area in which the designating body has jurisdiction. The following five (5) sets of standards may be established:(1) One (1) relative to the deduction under section 3 of this chapter for economic revitalization areas that are not residentially distressed areas.(2) One (1) relative to the deduction under section 3 of this chapter for residentially distressed areas.(3) One (1) relative to the deduction allowed under section 4.5 of this chapter.(4) One (1) relative to the deduction allowed under section 4.8 of this chapter.(5) One (1) relative to property granted a deduction for an agricultural purpose.(h) A designating body may impose a fee for filing a designation application for a person requesting the designation of a particular area as an economic revitalization area. The fee may be sufficient to defray actual processing and administrative costs. However, the fee charged for filing a designation application for a parcel that contains one (1) or more owner-occupied, single-family dwellings may not exceed the cost of publishing the required notice.(i) In declaring an area an economic revitalization area, the designating body may: (1) limit the time period to a certain number of calendar years during which the economic revitalization area shall be so designated;(2) limit the type of deductions that will be allowed within the economic revitalization area to the deduction allowed under section 3 of this chapter, the deduction allowed under section 4.5 of this chapter, the deduction allowed under section 4.8 of this chapter, or any combination of these deductions;(3) limit the dollar amount of the deduction that will be allowed with respect to new manufacturing equipment, new farm equipment, new research and development equipment, new logistical distribution equipment, and new information technology equipment;(4) limit the dollar amount of the deduction that will be allowed with respect to redevelopment and rehabilitation occurring in areas that are designated as economic revitalization areas;(5) limit the dollar amount of the deduction that will be allowed under section 4.8 of this chapter with respect to the occupation of an eligible vacant building; or(6) impose reasonable conditions related to the purpose of this chapter or to the general standards adopted under subsection (g) for allowing the deduction for the redevelopment or rehabilitation of the property or the installation of the new manufacturing equipment, new farm equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment. To exercise one (1) or more of these powers, a designating body must include this fact in the resolution passed under section 2.5 of this chapter.
(j) Notwithstanding any other provision of this chapter, if a designating body limits the time period during which an area is an economic revitalization area, that limitation does not:(1) prevent a taxpayer from obtaining a deduction for new manufacturing equipment, new farm equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment installed on or before the approval deadline determined under section 9 of this chapter, but after the expiration of the economic revitalization area if the new manufacturing equipment, new farm equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment was described in a statement of benefits submitted to and approved by the designating body in accordance with section 4.5 of this chapter before the expiration of the economic revitalization area designation; or(2) limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under section 17 of this chapter.(k) In addition to the other requirements of this chapter, if property located in an economic revitalization area is also located in an allocation area (as defined in IC 36-7-14-39 or IC 36-7-15.1-26), a taxpayer's statement of benefits concerning that property may not be approved under this chapter unless a resolution approving the statement of benefits is adopted by the legislative body of the unit that approved the designation of the allocation area.Amended by P.L. 105-2022,SEC. 34, eff. 7/1/2022.Amended by P.L. 104-2022,SEC. 21, eff. 4/1/2022.Amended by P.L. 8-2022,SEC. 3, eff. 7/1/2022.Amended by P.L. 288-2013, SEC. 5, eff. 7/1/2013.Amended by P.L. 119-2012, SEC. 18, eff. 4/1/2012.As added by Acts1977 , P.L. 69, SEC.1. Amended by Acts1979 , P.L. 56, SEC.6; Acts1980 , P.L. 42, SEC.2; Acts1981 , P.L. 310, SEC.91; P.L. 72-1983, SEC.1; P.L. 71-1983, SEC.2; P.L. 82-1987, SEC.1; P.L. 56-1988, SEC.2; P.L. 3-1989, SEC.33; P.L. 42-1992, SEC.2; P.L. 65-1993, SEC.1; P.L. 31-1994, SEC.3; P.L. 85-1995, SEC.1; P.L. 255-1997 (ss), SEC.5; P.L. 4-2000, SEC.2; P.L. 64-2004, SEC.5 and P.L. 81-2004, SEC.49; P.L. 216-2005, SEC.2; P.L. 154-2006, SEC.25; P.L. 146-2008, SEC.121.