Sec. 22. (a) Economic development or pollution control facilities are subject to applicable zoning laws. If a fiscal body of a unit establishes a department of development, the unit and its economic development commission have jurisdiction under this chapter throughout the county, both inside and outside the corporate boundaries of any municipality.
(b) Notwithstanding subsection (a), economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a county without the consent of the fiscal body of the municipality, and economic development facilities that are to be located outside the corporate boundaries of a municipality may not be financed by the municipality without the consent of the fiscal body of the unit in which facilities are to be located.
(c) Notwithstanding subsection (a), pollution control facilities that are to be located within the corporate boundaries of a municipality may not be financed by another unit unless:
(1) the user has applied to the economic development commission and fiscal body of the municipality for the financing of the facilities, and the municipality has failed to adopt a bond, note, or warrant ordinance for the facilities within sixty (60) days after the date of the application; or
(2) the fiscal body of the municipality has consented to the financing of the facilities by another unit.
[Pre-Local Government Recodification Citations: 18-6-4.5-4 part; 18-6-4.5-15.]
As added by Acts 1981, P.L.309, SEC.31.
Structure Indiana Code
Article 7. Planning and Development
Chapter 12. Economic Development and Pollution Control
36-7-12-1. Application of Chapter
36-7-12-3. Declaration of Public Purpose
36-7-12-4. Economic Development Departments and Commissions; Creation
36-7-12-5. Second and Third Class Cities; Commission Members; Appointment; Terms of Office
36-7-12-6. Towns; Commission Members; Appointment; Terms of Office
36-7-12-7. Counties; Commission Members; Appointment; Terms of Office
36-7-12-8. Consolidated Cities; Commission Members; Appointment; Terms of Office
36-7-12-9. Commissioners; Selection and Nomination; Successors in Office
36-7-12-10. Commissioners; Failure to Nominate; Vacancies
36-7-12-11. Commissioners; Oaths; Certificates of Appointment
36-7-12-12. Organizational Meetings; Officers
36-7-12-13. Commissions; Rules; Meetings; Quorum; Approval of Actions; Records
36-7-12-14. Removal of Commissioners From Office
36-7-12-15. Commissioners; Expenses and per Diem
36-7-12-16. Pecuniary Interest of Commissioner in Matters Considered by Commission
36-7-12-17. Commissions; Investigatory Duties
36-7-12-20. Use of Funds; Procedures for Letting Contracts; Employees' Bonds
36-7-12-21. Negotiation of Financing Terms; Adverse Competitive Effect Studies; Preliminary Expenses
36-7-12-22. Applicability of Zoning Laws; Consent Necessary for Financing of Facilities
36-7-12-23. Evaluative Report; Exception
36-7-12-24. Hearing on Proposed Financing of Facilities; Approval by Commission
36-7-12-25. Approval of Proposed Financing by Unit; Authorization Bond Issuance; Approval of Changes
36-7-12-26. Financing Agreements; Terms
36-7-12-27.5. Legal Representation of Commission; Conflict of Interest; Offense
36-7-12-28. Trust Indentures Securing Bonds
36-7-12-29. Application of Bond Proceeds
36-7-12-31. Bonds, Notes, Warrants, Proceeds, and Interest; Exemption From State Taxes
36-7-12-32.1. Exemption From Securities Registration
36-7-12-33. Property Taxes; Liability and Exemptions
36-7-12-34. Payments Received by Units; Exemption From Tax
36-7-12-35. Responsibility for Construction Approval