[Added 10-13-2009 by Ord. No. 09-22[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IIA,
Real Estate Tax Abatement Program, added 4-13-1999 by Ord. No. 99-3.
The ordinance also provided that it shall be effective 1-1-2010.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The City Assessor for Colonial Heights, Virginia.
The assessed value of the structure as of January 1 of the
year in which the rehabilitation, renovation or replacement of the
structure begins.
Any structure or other improvement that is lawfully being
used or may be used for a commercial purpose. If any such structure
is lawfully being used for both a commercial and a noncommercial use,
it shall be deemed to be a commercial structure if more than 50% of
its total square footage is used for commercial purposes.
Expenditures associated with any internal or external, structural,
mechanical, or electrical improvements necessary to rehabilitate,
renovate, expand, or replace a commercial structure, and excavations,
grading, paving, driveways, roads, sidewalks, landscaping, or other
land improvements; including, but not limited to, costs associated
with demolition, carpentry, sheetrock, plaster, painting, ceilings,
fixtures, doors, windows, fire suppression systems, roofing and flashing,
exterior repair, cleaning, and cleanup.
Rehabilitation, renovation or replacement shall not include:
The cost of acquiring any real property or building;
The cost of furnishings; any expenditure associated with appraisal,
architectural, engineering and interior design fees; loan fees, points,
or capitalized interest; legal, accounting, realtor, sales and marketing,
or other professional fees; bids, insurance, exterior signage, utilities,
bonding, copying, rent loss, or temporary facilities incurred during
construction; utility hook-up or access fees; or outbuildings; and
The cost of rehabilitating, renovating, or replacing a structure
damaged by explosion, fire, earthquake, tornado, hurricane, flood,
or other acts of God.
[Amended 12-8-2009 by Ord. No. 09-25]
A.
The Boulevard District. There is hereby created a Boulevard Commercial Structure Tax Exemption District (the "Boulevard District"), as depicted on an exhibit maintained by the Assessor, which shall consist of all commercial structures fronting on the Boulevard (Route 1) within the Colonial Heights City limits or contained within the Boulevard Overlay District as provided in Chapter 286 of this Code. Any commercial structure at least 20 years old within the Boulevard District whose base assessed value is increased by at least 25% due to rehabilitation, renovation, or replacement shall be eligible for an exemption from real estate tax equal to the increase in assessed value attributable to the rehabilitation, renovation, or replacement. Such exemption shall commence on January 1 of the year following completion of the rehabilitation, renovation, or replacement, and shall run with the real state for five years.
B.
The Southpark District. There is hereby created a Southpark Commercial
Structure Tax Exemption District (the "Southpark District"), which
shall consist of all commercial structures within the geographic boundaries
depicted on an exhibit maintained by the Assessor entitled "The Southpark
Commercial Structure Tax Exemption District". Payment of the real
estate tax attributable to any structure at least 20 years old within
the Southpark District may be exempted by an amount up to 50% of the
cost of the structure's rehabilitation, renovation, or replacement
as long as such cost is at least $100,000. Such exemption shall commence
on January 1 of the year following completion of the rehabilitation,
renovation, or replacement, and shall run with the real estate for
five years.
A.
The owner of an eligible commercial structure within the Boulevard
District or the Southpark District shall file an application for exemption
with the Assessor on a form prescribed by the Assessor and provided
for such purpose. A separate application shall be submitted for each
commercial structure for which an exemption is requested.
B.
All building or demolition permits shall be acquired prior to the
filing of the application and the beginning of the rehabilitation,
renovation or replacement.
C.
The Assessor shall require the applicant to submit all documentation
deemed necessary to establish eligibility for an exemption. All such
requested documentation shall be furnished to the Assessor before
an application will be considered complete and ready to be processed.
D.
An owner shall pay a processing fee of $50 to the City with each
application.
E.
The exemption shall not automatically attach to any commercial structure.
Exemptions shall be granted only after the requirements of this article
have been met as determined by the Assessor.
A.
Upon receipt of a completed application for an exemption pursuant
to this article and prior to commencement of the proposed rehabilitation,
renovation or replacement, the Assessor shall physically inspect the
structure for which an exemption is requested.
B.
An owner shall notify the Assessor in writing within 30 days after
the rehabilitation, renovation or replacement of the structure is
complete.
C.
During the period of time between the receipt of a completed application
and completion of the rehabilitation, renovation or replacement, the
structure shall be subject to taxation upon the full assessed value
thereof.
D.
No structure shall be eligible for an exemption if the Assessor has
been denied access to any portion thereof, either before, during or
after the rehabilitation, renovation or replacement for which an exemption
is requested, provided that the requested access is for the purposes
of assessing the structure and determining whether the requirements
of this article have been met.
A.
The exemption shall commence on January 1 of the year following completion
of the rehabilitation, renovation, or replacement of the structure;
inspection thereof by the Assessor; and verification by the Assessor
that the rehabilitation, renovation, or replacement described in the
application has been fully completed.
B.
Nothing in this article shall be construed to permit the Assessor
to list upon the land book any reduced assessed value due to the exemption
created by this article.
A.
During each of the five years of the exemption period specified in § 258-16.2, no annual exemption in tax shall be granted for that portion of any increase in assessed value, or that portion of the cost of a structure's rehabilitation, renovation, or replacement, whichever is applicable, exceeding $2,000,000.
B.
An exemption shall not be permitted for any year if a structure's
assessed value for such year falls below its base assessed value.
C.
An exemption shall continue only while the rehabilitated, renovated,
or replaced structure is a commercial structure.
D.
No improvements upon vacant land shall be eligible for an exemption
under this article.
E.
The Assessor may promulgate written rules and regulations, consistent
with this article, he deems necessary for effective administration
hereof.
F.
The Assessor, in his sole discretion, shall administer this article
and make decisions pursuant to its provisions.
