[Ord. No. 10-35, 12-14-2010; amended 10-13-2020 by Ord. No.
20-21]
A.Â
There is hereby established the Fredericksburg Arts and Cultural
District, consisting of all the area within the following boundaries:
(1)Â
Beginning
at the corner of Sophia Street and Lewis Street, west along Lewis
Street to Charles Street; then following Charles Street to Amelia
Street, following Amelia Street to Washington Avenue, along Washington
Avenue to William Street; along William Street to Littlepage Street,
along Littlepage to the center of the block, and then to Kenmore Avenue;
following Kenmore Avenue to Charlotte Street, and then along Charlotte
Street across Jackson Street to the center of the block, then over
to Wolfe Street, up to Willis Street, along Willis across Lafayette
Boulevard to the center of the next block and then through the center
of the block to Prince Edward Street; along Prince Edward across Frederick
Street to the center of the block, then to Princess Anne Street, to
Frederick Street to the Rappahannock River and back to the point of
the beginning, as shown on the map entitled "City of Fredericksburg,
VA Proposed Arts and Cultural District," dated December 7, 2010.
(2)Â
The
District is expanded to roughly the northeast quadrant of the City
an area bordered by State Route 3, U.S. 1 and the Rappahannock River.
It also includes a small section west of U.S. 1 to include the entire
Area 6 Planning Area, as shown on the map entitled "City of Fredericksburg,
Proposed Arts and Cultural District," dated March 23, 2020.
B.Â
The purpose of this district is to attract new arts and cultural
venues, support existing arts and cultural venues, and to encourage
the expansion of existing venues in the downtown area. These new,
existing, and expanded venues will increase the City's reputation
and market presence as a regional destination for arts and cultural
activities, as well as the opportunities and benefits to City residents
of arts and cultural offerings.
[Ord. No. 10-35, 12-14-2010]
When used in this article, the following terms shall have the
meanings ascribed in this section:
A business or not for profit organization primarily engaged
in arts instruction, media arts, performing arts, performing arts
venue, visual arts creation or visual arts exhibit as defined herein.
The term includes a museum and an arts office use. The business may
engage in related, incidental retail sales.
Teaches individuals skills in the performing arts, media
arts, or visual arts through experience, study, performance and assessment,
providing participatory learning and engaging students with skilled
artists, teachers, and art.
An office use associated with an arts and cultural business,
such as performing arts events organization and promotion, or arts
production.
The arts and cultural district established in § 20-700.
[1]Film, video, audio and other forms of digital and web-based
media, including the production, exhibition, distribution, and preservation
of the work.
A public or private nonprofit agency or institution organized
on a permanent basis for essentially educational or aesthetic purposes
which, using a professional staff, owns or uses tangible objects,
cares for them, and exhibits them to the public in a physical setting
on a regular basis.
[2]The increase in gross receipts in each calendar year after
the expansion of an existing business.
Live music, theater, dance, and opera.
A place of indoor or outdoor public assembly for the presentation
of the performing arts or media arts.
The arts of painting, photography, sculpture, printmaking,
drawing, design, folk and traditional arts and craft.
A business or gallery which displays the visual arts to visitors.
[1]
Editor's Note: The former definitions of "existing business,"
as amended, and "expanded business," which immediately followed this
definition, were repealed 10-13-2020 by Ord. No. 20-21.
[2]
Editor's Note: The former definition of "new business," which
immediately followed this definition, was repealed 10-13-2020 by Ord.
No. 20-21.
[Ord. No. 10-35, 12-14-2010; amended 1-12-2016 by Ord. No. 15-32; 10-13-2020 by Ord. No.
20-21]
A.Â
An arts and cultural business is afforded a license tax reduction
of up to $250 a year for 10 calendar years for the gross receipts
attributable to the district location, so long as it continues to
operate at its location as an arts and cultural business and remains
current in its tax and other financial obligations to the City.
B.Â
(Reserved)
C.Â
(Reserved)
D.Â
Any business located within the district, which is not an arts and
cultural business, but which hosts year-round, rotating art exhibits
open to the public in the public spaces of the business is afforded
a license tax reduction of up to $250 per year for each year in which
the business qualifies. The display space shall be a minimum of 120
square feet of wall or floor space in order to qualify for incentives
in the arts and cultural district.
F.Â
No business shall be eligible for a license tax reduction if there
is an outstanding building or zoning code violation against such business
which is not remedied or resolved by the date specified in the notice
of violation. No business shall be eligible for a license tax reduction
unless it is current in its local tax obligations.
[Ord. No. 10-35, 12-14-2010]
A new arts and cultural business, a new special event sponsored
by an arts and cultural business, and an expanded arts and cultural
business is afforded a 100% reduction of planning, zoning and building
permit application fees up to $2,000 total for any single project
incurred in the initial establishment of the business, or expansion
of the business, in the district.
[Ord. No. 10-35, 12-14-2010; amended 10-13-2020 by Ord. No.
20-21]
A.Â
The City Manager may administer applications through the Department
of Economic Development and Tourism. Review of applications for continued
eligibility shall be administered by the commissioner of revenue.
In determining eligibility for the incentives contained herein, the
City Manager shall be guided by the purpose of this article. Tax exemptions
shall be subject to the rule of strict construction.
B.Â
Any business seeking to obtain the incentives of the district for
the first time will meet with the Economic Development and Tourism
staff and submit a completed program qualification application no
later than February 15. The Economic Development and Tourism Department
shall perform an initial review of the business or project to determine
if it qualifies for incentives and then forward the application and
recommendation to the City Manager. The City Manager, acting as the
agent of the City Council, shall review the application and recommendation
and make a final determination as to whether the business or project
is qualified for the incentives herein.
C.Â
After a business has been determined to be eligible by the City Manager, it must submit a review application to the Economic Development and Tourism staff annually on or before February 15 of each year of the incentive period, demonstrating its continued eligibility for the license tax reduction. Any business claiming a license tax reduction as an arts and cultural business shall nonetheless file a complete license tax application with the commissioner of revenue no later than March 1 and submit payment no later than March 15 as required by City Code §§ 70-305 and 70-306.
D.Â
The original application and each review application shall be signed
by an official officer, member, agent or representative of the business
authorized to sign on its behalf.
E.Â
If the City Manager denies an application, he shall do so in writing
stating the reasons therefor, and affording the applicant an opportunity
to respond in writing or in person.
[Ord. No. 10-35, 12-14-2010]
To the extent permitted under the Virginia Freedom of Information
Act, confidential business records shall be safeguarded from disclosure;
provided, however, that as a condition of receiving the incentives
provided herein, each applicant agrees to the release by the City
of the monetary value of any incentive (including license tax reduction)
received. This agreement shall appear prominently upon the application
for incentives and each signature upon an application shall bind the
applicant to this condition.
