[Adopted 4-13-2011 by L.L. No. 3-2011]
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.
MUNICIPALITY
The Town of Cicero, New York.
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.
A. 
For a period of 12 years from the approval of an application, the increase in assessed value of such property attributable to such conversion shall be exempt as provided in this article. Such exemption shall be computed with respect to the exemption base. The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year's assessed value. The following table shall illustrate the computation of the tax exemption:
Year of Exemption
Percentage of Exemption Base
1 through 8
100%
9
80%
10
60%
11
40%
12
20%
B. 
No such exemption shall be granted unless such conversion was commenced subsequent to the date on which this article took effect; and the cost of such conversion exceeds the sum of $10,000.
C. 
For purposes of this article, the term "conversion" shall not include ordinary maintenance and repairs.
D. 
No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the Town of Cicero in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements had such property been granted an exemption pursuant to this article. In such case, an exemption shall be granted for a number of years equal to the twelve-year exemption granted pursuant to this article less the number of years the property would have been previously exempt from real property taxes.
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.