Ohio § 5709.41

§ 5709.41.

(A) As used in this section: (1) “ Business day ” means a day of the week excluding Saturday, Sunday, and a legal holiday as defined

under section 1.14 of the Revised Code . (2) “ Improvement ” means the increase in assessed value of any parcel of property subsequent to the

acquisition of the parcel by a municipal corporation engaged in urban redevelopment

or by a township engaged in redevelopment. (B) The legislative authority of a municipal corporation or township, by ordinance or

resolution, may declare to be a public purpose any improvement to a parcel of real

property if both of the following apply: (1) The municipal corporation or township held fee title to the parcel prior to the adoption

of the ordinance or resolution; (2) The parcel is leased, or the fee of the parcel is conveyed, to any person either

before or after adoption of the ordinance or resolution. Improvements used or to be used for residential purposes may be declared a public

purpose under this section only if the parcel is located in a blighted area of an

impacted city, in the case of a municipal corporation, or in a blighted area, in the

case of a township, as those terms are defined in section 1728.01 of the Revised Code .  For this purpose, “ parcel that is used or to be used for residential purposes ” means a parcel that, as improved, is used or to be used for purposes that would

cause the tax commissioner to classify the parcel as residential property in accordance

with rules adopted by the commissioner under section 5713.041 of the Revised Code . (C) Except as otherwise provided in division (C)(1), (2), or (3) of this section, not

more than seventy-five per cent of an improvement thus declared to be a public purpose

may be exempted from real property taxation.  The ordinance or resolution shall specify the percentage of the improvement to be

exempted from taxation.  If a parcel is located in a new community district in which the new community authority

imposes a community development charge on the basis of rentals received from leases

of real property as described in division (L)(2) of section 349.01 of the Revised Code , the parcel may not be exempted from taxation under this section. (1) If the ordinance or resolution declaring improvements to a parcel to be a public

purpose specifies that payments in lieu of taxes provided for in section 5709.42 or 5709.74 of the Revised Code shall be paid to the city, local, or exempted village school district in which the

parcel is located in the amount of the taxes that would have been payable to the school

district if the improvements had not been exempted from taxation, the percentage of

the improvement that may be exempted from taxation may exceed seventy-five per cent,

and the exemption may be granted for up to thirty years, without the approval of the

board of education as otherwise required under division (C)(2) of this section. (2) Improvements may be exempted from taxation for up to ten years or, with the approval

of the board of education of the city, local, or exempted village school district

within the territory of which the improvements are or will be located, for up to thirty

years.  The percentage of the improvement exempted from taxation may, with such approval,

exceed seventy-five per cent, but shall not exceed one hundred per cent.  Not later than forty-five business days prior to adopting an ordinance or resolution

under this section, the legislative authority shall deliver to the board of education

a notice stating its intent to declare improvements to be a public purpose under this

section.  The notice shall describe the parcel and the improvements, provide an estimate of

the true value in money of the improvements, specify the period for which the improvements

would be exempted from taxation and the percentage of the improvements that would

be exempted, and indicate the date on which the legislative authority intends to adopt

the ordinance or resolution.  The board of education, by resolution adopted by a majority of the board, may approve

the exemption for the period or for the exemption percentage specified in the notice,

may disapprove the exemption for the number of years in excess of ten, may disapprove

the exemption for the percentage of the improvements to be exempted in excess of seventy-five

per cent, or both, or may approve the exemption on the condition that the legislative

authority and the board negotiate an agreement providing for compensation to the school

district equal in value to a percentage of the amount of taxes exempted in the eleventh

and subsequent years of the exemption period, or, in the case of exemption percentages

in excess of seventy-five per cent, compensation equal in value to a percentage of

the taxes that would be payable on the portion of the improvement in excess of seventy-five

per cent were that portion to be subject to taxation.  The board of education shall certify its resolution to the legislative authority

not later than fourteen days prior to the date the legislative authority intends to

adopt the ordinance or resolution as indicated in the notice.  If the board of education approves the exemption on the condition that a compensation

agreement be negotiated, the board in its resolution shall propose a compensation

percentage.  If the board of education and the legislative authority negotiate a mutually acceptable

compensation agreement, the ordinance or resolution may declare the improvements a

public purpose for the number of years specified in the ordinance or resolution or,

in the case of exemption percentages in excess of seventy-five per cent, for the exemption

percentage specified in the ordinance or resolution.  In either case, if the board and the legislative authority fail to negotiate a mutually

acceptable compensation agreement, the ordinance or resolution may declare the improvements

a public purpose for not more than ten years, but shall not exempt more than seventy-five

per cent of the improvements from taxation.  If the board fails to certify a resolution to the legislative authority within the

time prescribed by this division, the legislative authority thereupon may adopt the

ordinance or resolution and may declare the improvements a public purpose for up to

thirty years.  The legislative authority may adopt the ordinance or resolution at any time after

the board of education certifies its resolution approving the exemption to the legislative

authority, or, if the board approves the exemption on the condition that a mutually

acceptable compensation agreement be negotiated, at any time after the compensation

agreement is agreed to by the board and the legislative authority.  If a mutually acceptable compensation agreement is negotiated between the legislative

authority and the board, including agreements for payments in lieu of taxes under section 5709.42 or 5709.74 of the Revised Code , the legislative authority shall compensate the joint vocational school district

within the territory of which the improvements are or will be located at the same

rate and under the same terms received by the city, local, or exempted village school

district. (3) If a board of education has adopted a resolution waiving its right to approve exemptions

from taxation and the resolution remains in effect, approval of exemptions by the

board is not required under this division.  If a board of education has adopted a resolution allowing a legislative authority

to deliver the notice required under this division fewer than forty-five business

days prior to the legislative authority's adoption of the ordinance or resolution,

the legislative authority shall deliver the notice to the board not later than the

number of days prior to such adoption as prescribed by the board in its resolution.  If a board of education adopts a resolution waiving its right to approve exemptions

or shortening the notification period, the board shall certify a copy of the resolution

to the legislative authority.  If the board of education rescinds such a resolution, it shall certify notice of

the rescission to the legislative authority. (4) If the legislative authority is not required by division (C)(1), (2), or (3) of this

section to notify the board of education of the legislative authority's intent to

declare improvements to be a public purpose, the legislative authority shall comply

with the notice requirements imposed under section 5709.83 of the Revised Code , unless the board has adopted a resolution under that section waiving its right to

receive such a notice. (5) Nothing in division (C) of this section prohibits the legislative authority of a

municipal corporation or township from amending the ordinance or resolution under section 5709.51 or 5709.511 of the Revised Code to extend the term of the exemption. (D) An exemption granted under this section commences with the tax year specified in

the ordinance or resolution so long as the year specified in the ordinance or resolution

commences after the effective date of the ordinance or resolution.  If the ordinance or resolution specifies a year commencing before the effective

date of the ordinance or resolution or specifies no year, the exemption commences

with the tax year in which an exempted improvement first appears on the tax list and

that commences after the effective date of the ordinance or resolution.  In lieu of stating a specific year, the ordinance or resolution may provide that

the exemption commences in the tax year in which the value of an improvement exceeds

a specified amount or in which the construction of one or more improvements is completed,

provided that such tax year commences after the effective date of the ordinance or

resolution.  In lieu of stating a specific year, the ordinance or resolution may allow for the

exemption to commence in different tax years on a parcel-by-parcel basis, with a separate

exemption term specified for each parcel.  The exemption ends on the date specified in the ordinance or resolution as the date

the improvement ceases to be a public purpose.  The exemption shall be claimed and allowed in the same or a similar manner as in

the case of other real property exemptions.  If an exemption status changes during a tax year, the procedure for the apportionment

of the taxes for that year is the same as in the case of other changes in tax exemption

status during the year. (E) A municipal corporation or township, not later than fifteen days after the adoption

of an ordinance or resolution granting a tax exemption under this section, shall submit

to the director of development a copy of the ordinance or resolution.  On or before the thirty-first day of March each year, the municipal corporation

or township shall submit a status report to the director of development outlining

the progress of the project during each year that the exemption remains in effect.