Section 5-13-1. Short Title. This article shall be known and may be cited as the "Northglenn Business Incentive Zone Ordinance."

[Source: Ord. 1022, 1991]

Section 5-13-2. Legislative Declarations.

The City Council of the City of Northglenn hereby finds and declares:

That the health, safety and welfare of the people of this City are in large part dependent upon the continued encouragement, development and expansion of opportunities for employment in the private sector in this City;

That there currently exists in this City businesses or vacant land which requires new development or revitalization opportunities to overcome conditions of unemployment, underemployment, net out-migration of the population, diminution of tax revenues, chronic economic distress, deterioration of business districts, deterioration of public infrastructures or sudden severe economic dislocations.

That by creating new development opportunities for businesses within the City, the City Council will increase the likelihood that new and improved businesses will generate more municipal sales and use tax revenues for the City in the future.

It is therefore declared to be the policy of the City, in order to provide incentives for private enterprises to expand and for new businesses to locate in the City, to develop a program which declares the City a "Business Incentive Zone" from the date of original passage of this ordinance and provides for the abatement of certain categories of fees, taxes, and other business development-related charges for new development or redevelopment expected to generate revenue to the City, within a one-year period, equal to or exceeding the amount of the abatement.

The City Council has enacted this Article 13 as a joint benefit to the public at large and to private owners for the purposes of providing the City with increased sales and use tax revenues generated upon and by properties improved as a result of this program and allowing owners and proprietors opportunities to improve properties which generate sales activities, which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for upgrading said properties.

The City Council specifically finds and determines that creation of this "Business Incentive Zone" ordinance is consistent with the City's powers as a home rule municipal corporation, and that exercise of those powers in this Article 13 promotes the public, health, safety and general welfare of the citizens of Northglenn. Notwithstanding any provision hereof, the City shall never be a joint venturer in any private entity or activity which participates in this program, and the City shall never be liable or responsible for any debt or obligation of any participant.

[Source: Ord. 1022, 1991; 1071, 1992; 1121, 1995; 1157, 1996; 1207, 1998; 1276, 2001; 1330, 2003; 1401, 2005]

Section 5-13-3. Definitions. As used in this Article 13, the following phrases shall have the following meanings unless the context clearly indicates another meaning:

The phrase "eligible City fees, charges and taxes" shall mean, and shall be limited to, use tax on machinery, furniture and fixtures associated with the initial development or redevelopment "project," use tax on building materials, building permit fees, zoning fees and plan check fees.

The phrase "expected incremental future revenues" shall mean the amount of the additional sales and use tax, property tax, and accommodation tax as projected by the City, expected to be generated over a one year period from the time of completion of the "project" over and above the sales tax, use tax, and accommodation tax revenues generated on the premises in the twelve months preceding the application described in Section 5-13-5.

The phrase "owner or proprietor" shall mean the record owner, tenant or operator of an individual business or, in the case of a shopping center, the owner of the real property upon which more than one business is operated.

"Project" shall mean the specific development or redevelopment expenditures which relate both to the abatement of "eligible City fees, charges and taxes" and "expected incremental future sales and use tax revenues."

[Source: Ord. 1022, 1991; 1276, 2001]

Section 5-13-4. Eligibility. Participation in the "Business Incentive Zone" fee, charge and tax abatement program shall be based upon approval by the Business Incentive Zone Review Committee. Any owner or proprietor of a newly purchased, established, or proposed business, or the owner or proprietor of an existing business which wishes to expand, may apply to the City for inclusion within the program. Abatement of "eligible City fees, charges and taxes" shall be granted up to the amount of "expected incremental future sales and use tax revenue" to be generated by the project during the ensuing one year period.

[Source: Ord. 1022, 1991]

Section 5-13-5. Application. Any owner or proprietor may file a written application for inclusion in the "Business Incentive Zone" program on forms provided by the City and attaching such information as the City may require. Such application shall be filed with the City's Director of Finance who shall refer the application to the City's Business Incentive Zone Review Committee which shall consist of the City Manager and the City's Directors of Community Development and Finance, or their designees.

[Source: Ord. 1022, 1991]

Section 5-13-6. Review of Application. The Committee shall review the application, and any other information which it may reasonably require from the applicant, and shall determine the expected incremental future sales and use tax revenue, if any, attributable to the project. If the amount of expected incremental future sales and use tax revenues determined by the Committee does not exceed $25,000.00, the application may be approved by the Committee and the applicant's eligible City fees, charges and taxes attributable to the project shall be reduced by an amount equal to the expected incremental future sales and use tax revenue. If the expected incremental future sales and use tax exceeds $25,000.00, the application shall be submitted to the City Council for review.

[Source: Ord. 1022, 1991]

Section 5-13-7. Recourse for Inaccurate Estimates of Expected Incremental Future Sales and Use Tax Revenue. Neither the City nor the applicant shall have cause to recover amounts resulting from differences in actual versus estimated collections of sales or use taxes during the one year estimate period.

[Source: Ord. 1022, 1991]

Section 5-13-8. ESTIP and TIF. If the applicant's owner's or proprietor's business is located in an urban renewal area in which all or a portion of sales tax revenues have been pledged as part of a tax increment financing program, he or she shall be ineligible for participation in this Business Incentive Zone program, except as provided below.

If the owner's or proprietor's business is located within an urban renewal area, he or she shall be eligible to participate in this business incentive zone program provided their business is not a direct beneficiary of improvements funded through a tax increment financing program or located on property that was acquired through a tax increment financing program.

[Source: Ord. 1105, 1994]

Section 5-13-9. Severability. If any clause, sentence, paragraph or part of this Article 13 or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect its application to other persons or circumstances.

[Source: Ord. 1022, 1991]

Section 5-13-10. Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the home rule powers and general police power of the City of Northglenn; that it is promulgated for the health, safety and welfare of the public, and this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objectives sought to be obtained.

[Source: Ord. 1022, 1991]