The purpose of this article is to provide for the real property
tax exemption from the Town of Cicero real property taxes as authorized
by § 485-a of the Real Property Tax Law of the State of
New York relative to the conversion of qualified nonresidential real
property to mixed-use commercial and residential status. This article
shall be read in conjunction with the provisions of § 485-a
of the Real Property Tax Law to effectuate the authorized real property
tax exemption.
For purposes of this article, the following definitions shall
apply:
APPLICANT
Any person obligated to pay real property taxes on the property
for which an exemption from real property taxes under this article
is sought.
COMMERCIAL CONSTRUCTION WORK
The modernization, rehabilitation, expansion or other improvement
of the portion of mixed-use property to be used for commercial purposes.
COMMERCIAL PURPOSE OR USE
The buying, selling or otherwise providing of goods or services,
including hotel services, or other lawful business or commercial activities
permitted in mixed-use property.
MIXED-USE PROPERTY
Property on which will exist, after completion of residential
construction work or a combination of residential construction work
and commercial construction work, a building or structure used for
both residential and commercial purposes.
PERSON
An individual, corporation, limited liability company, partnership,
association, agency, trust, estate, foreign or domestic government
or subdivision thereof, or other entity.
RESIDENTIAL CONSTRUCTION WORK
The creation, modernization, rehabilitation, expansion or
other improvement of dwelling units, other than dwelling units in
a hotel, in the portion of mixed-use property to be used for residential
purposes.
Upon the adoption of this article, nonresidential real property,
upon conversion to mixed-use property, provided that such conversion
is in conformance with local zoning regulations, shall be exempt from
taxation and special ad valorem levies as provided for in this article
and § 485-a of the New York State Real Property Tax Law.
Such exemption shall be granted only upon application by the
owner of such real property on a form prescribed by the state. Such
application shall be filed with the assessor of the Town of Cicero
having the power to assess property for taxation on or before the
appropriate taxable status date of the Town of Cicero.
If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided for herein commencing with the assessment roll prepared after the taxable status date referred to in §
190-13.6 of this article. The assessed value of any exemption granted pursuant to this article shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
law or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.