PURPOSE: Any governing authority, which qualifies as an applicant as defined under 4 CSR 85-3.010, may file a petition for designation as an enterprise zone. This rule establishes the procedures for submitting petitions and the criteria and priorities for the approval or disapproval of such petitions.

1. (1) Public Hearing Requirements. After the governing authority determines that it meets the criteria listed in section 135.205, RSMo it shall hold a public hearing as set forth under section 135.210(1), RSMo. The governing authority shall promptly deliver a copy of the published notice of public hearing required under section 135.210, RSMo to the division.

2. (2) Petition. After a public hearing is held, the governing authority may file a petition with the division requesting the designation of a specific area as an enterprise zone. This petition shall include:

   1. (A) Zone Description. The description should be a thorough yet concise report which demonstrates widespread deterioration in the proposed zone. The applicant shall include the information required under section 135.205, RSMo and should specifically discuss the following:

      1. 1. General condition of residential and

commercial structures;

1. 2. Condition of infrastructure;
2. 3. Crime statistics;
3. 4. A list of existing businesses;
4. 5. Review of business loss over the past

ten (10) years; and

1. 6. Comparative rate of social and eco-

nomic decline;

1. (B) Zone Planned Development. The applicant shall provide plans as listed under section 135.210. Plans shall specify—

   1. 1. Objectives;
   2. 2. Implementation plan; and
   3. 3. Reasonable timetables for implemen-

tation;

1. (C) Description of Intra Zone Compatibility. The petition will include a description of how the proposed enterprise zone is compatible with general land use characteristics. In addition the applicant should demonstrate an adequate labor supply and a reasonable amount of space for expansion;
2. (D) Firm Public Commitment. Proposed zones which require public resources (infrastructure) and improvements to those resources must provide documented assur- 4 CSR 85-3

ances from the chief executive officer of the resource that adequate service will be provided; and

1. (E) Assurances Against Loss of Employment. The applicant shall provide documented assurance that a new business facility wishing to locate within the proposed zone will not result in a loss of employment within Missouri.

1. (3) Filing Procedures.

   1. (A) Petition Forms. All petitions shall be made on the forms supplied by the Division of Community and Economic Development. The division may request any additional information it determines necessary to evaluate a petition.
   2. (B) Filing Periods and Limitations. Petitions may be filed at the discretion of the applicant during each calendar year.
   3. (C) The director of the department promptly shall reply with general acknowledgement of receipt of the petition submitted.
   4. (D) Zone Size. Zones shall be limited in size according to population limits established by section 135.205(4), RSMo.
2. (4) Review. The director shall review the contents of the petition and any other related data and shall determine whether the enterprise zone satisfies the statutory requirements as an enterprise zone. In addition, the director shall determine the potential effect that a proposed enterprise zone designation may have on other proposed or existing enterprise zone(s). Should s/he determine that a proposed designation diminishes another enterprise zone’s ability to support reasonable economic growth or reasonable tax assessment, s/he may disapprove the proposed enterprise zone designation.

AUTHORITY: section 135.250, RSMo 1986.* Emergency rule filed Feb. 9, 1983, effective Feb. 19, 1983, expired June 19, 1983. Original rule filed Feb. 9, 1983, effective May 12, 1983. Emergency amendment filed March 2, 1984, effective March 12, 1984, expired June 12, 1984. Amended: Filed March 2, 1984, effective June 11, 1984.

*Original authority: 135.250, RSMo 1982, amended 1985, 1986, 1989, 1991.