§ 36-7-12-22 — Applicability of zoning laws; consent necessary for financing of facilities

(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.