[Adopted 6-3-2013 by L.L. No. 1-2013]
This article is enacted pursuant to the provisions of § 485-a of the Real Property Tax Law of the State of New York to grant a partial exemption from taxation to certain real property located within the Village of Perry, which has been converted to a mixed use of commercial and residential use.
As used in this article, the following terms shall have the meanings indicated:
- 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.
- EXEMPTION BASE
- The increase in the assessed value of real property attributable to the amount invested, exclusive of the cost of ordinary maintenance and repairs, to convert such real property to mixed-use property, as hereinafter defined.
- 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 use.
- 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.
Real property within the Village which as been converted to mixed-use property shall be exempt from taxation and special ad valorem levies as provided hereinunder.
For a period of 12 years from the approval of an application, the exemption base of such property shall be exempt pursuant to the following schedule:
For the purpose of this article, the term "conversion" shall not include ordinary maintenance and repairs.
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 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 Board of Real Property Tax Services. Such application shall be filed with the Village Assessor on or before the appropriate taxable status date of the Village.
If the Village 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 herein commencing with the assessment roll prepared after the taxable status date referred to in § 384-36 of this article. The assessed value of any exemption granted pursuant to this article shall be entered by the Village Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
All ordinances, local laws and parts thereof inconsistent with this article are hereby repealed.
If any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
This article shall take effect upon its filing with the New York State Secretary of State.