[Adopted 9-17-2013 by L.L. No. 6-2013]
The City of Oneonta herein adopts this article to provide for
the exemption of nonresidential real property, upon conversion to
mixed-use property, from taxation and special ad valorem levies, but
not special assessments as set forth herein, as authorized in § 485-a
of the New York State Real Property Tax Law.
As used in this article, the following terms shall have the
following meanings:
Any person obligated to pay real property taxes on the property
for which an exemption from real property taxes under this article
is sought.
The modernization, rehabilitation, expansion or other improvement
of the portion of mixed-use property to be used for commercial purposes.
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.
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.
Any town, city or village except for a city having more than
1,000,000 inhabitants.
An individual, corporation, limited-liability company, partnership,
association, agency, trust, estate, foreign or domestic government
or subdivision thereof, or other entity.
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.
A.Â
Any municipality
may, by local law, provide for the exemption of real property from
taxation as provided in this section. Upon the adoption of such a
local law, the county in which such municipality is located may, by
local law, and any school district, all or part of which is located
in such municipality, may, by resolution, exempt such property from
its taxation in the same manner and to the same extent as such municipality
has done.
B.Â
Upon adoption of such a local law, nonresidential real property, upon conversion to mixed-use property, shall be exempt from taxation and special ad valorem levies as provided for in Subsection C of this section.
C.Â
Increase
in assessed value.
(1)Â
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 Subsection C(2) of this section. 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.
(2)Â
The
following table shall illustrate the computation of the taxation:
Year of Exemption
|
Percentage of Exemption Base
| |
---|---|---|
1 through 8
|
100%
| |
9
|
80%
| |
10
|
60%
| |
11
|
40%
| |
12
|
20%
|
D.Â
For purposes
of this section, the term "conversion" shall not include ordinary
maintenance and repairs.
E.Â
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 local
government 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 section. In such case, an exemption shall be granted for a
number of years equal to the twelve-year exemption granted pursuant
to this section, less the number of years the property would have
been previously exempt from real property taxes.
F.Â
Such exemption
shall be granted only upon application by the owner of such real property
on a form prescribed by the Commissioner. Such application shall be
filed with the assessor of the municipality or county having the power
to assess property for taxation on or before the appropriate taxable
status date of such municipality or county.
G.Â
If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application, and such real property shall thereafter be exempt from taxation special ad valorem levies as in this section provided, commencing with the assessment roll prepared after the taxable status date referred to in Subsection F of this section. The assessed value of any exemption granted pursuant to this section 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.