19941122 1994-28ORDINANCE NO. 1994- 28
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF THE CITY O1
FAIRFAX, VIRGINIA BY ADDING THERETO A NEW ARTICLE XV
CONSISTING OF SECTIONS 8-93 THROUGH 8-105 , REGARDING PARTIAl
REAL ESTATE TAX EXEMPTION FOR CERTAIN SUBSTANTIALLY
REHABILITATED, RENOVATED, OR REPLACED STRUCTURES ON
RESIDENTIAL PROPERTIES IN THE R-I, R-2 AND R-3 ZONING DISTRICT~
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that
Chapter 8 of the Code of the City of Fairfax is hereby amended by adding theret
a new Article XV, Sections 8-93 through 8-105, to read as follows:
ARTICLE XV. PARTIAL REAL ESTATE TAX EXEMPTIONS FOR
SUBSTANTIALLY REHABILITATED, RENOVATED OR REPLACED
STRUCTURES ON RESIDENTIAL PROPERTIES IN THE R-l, R-2, and R-3
ZONING DISTRICTS
Sec. 8-93 Definitions.
For the purposes of this article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Assessor: Real estate assessor for the City of Fairfax.
Base value: The assessed value of the structure as of January I of the ye~
in which the rehabilitation begins.
Exemption: The real estate taxes resulting from the increase in the
assessed value of a residential structure attributable to the substantial
rehabilitation, renovation or replacement thereof. In no case shall an
exemption be permitted if the assessed value falls below the base value in any
given year.
Owner: All persons or entities holding title to the real estate, structure
structures thereon for which an exemption is requested.
Residential Use: Use as a detached or semi-detached single-family
dwelling, including permanent accessory structures.
Substantially rehabilitated residential structure: An existing structure,
not less than twenty-five (25) years of age, which has been substantially
improved, renovated or replaced so as to increase the assessed value thereof b)
not less than twenty-five (25) per cent and which structure is used for
residential use.
Sec. 8-94. Purpose.
It is the purpose of this article to implement the provisions of Article 3,
Chapter 32 of Title 58.1 of the Code of Virginia to permit the city to allow a
partial tax exemption for substantially rehabilitated residential structures. Thi..
article provides a procedure for residential property owners within the R-l, R-'.
and R-3 zoning districts in the City of Fairfax to obtain partial real estate tax
exemptions for substantially rehabilitated residential structures. The
exemption will provide an economic incentive for improvement of such real
estate and will prevent the deterioration and vacation thereof which is harmf~
to the health and welfare of the city.
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Sec. 8-95. Eligibility.
Any owner of real estate upon which there exists a structure of not less
than twenty-five (25) years of age, proposed to be substantially rehabilitated for
residential use, and located, in whole or in part, within the R-l, R-2 or R-3
zoning districts shall be eligible to apply for an exemption.
Sec. 8-96. Application procedure and processing fee.
(a) Applications for exemptions shall be filed with the city manager or
his designee on forms provided for such purpose. A separate application shall
be submitted for each structure for which an exemption is requested.
(b) The appropriate building permits shall be acquired prior to the filing
of the application and the beginning of the rehabilitation.
(c) The city manager or his designee may require the applicant to submi
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 will be processed.
(d) A processing fee of twenty dollars ($20.00) shall be paid to the city
with each application.
(e) The exemption shall not automatically attach to residential use
structures. Exemptions shall be granted only after the requirement of this
article have been satisfied.
Sec. 8-97. Inspections; notification to assessor.
(a) Upon receipt of a completed application for an exemption and
immediately prior to commencement of the proposed rehabilitation, the
assessor or his designee shall physically inspect the structure.
(b) After the initial inspection, the assessor or his designee shall
annually inspect the structure to determine the progress of the rehabilitation.
(c) An owner shall promptly notify the assessor in writing when the
rehabilitation of the structure is complete.
(d) During the period between the receipt of a completed application an
completion of the rehabilitation, the structure shall be subject to taxation upor
the full assessed value thereof.
(e) No structure shall be eligible for an exemption if the assessor or his
designee have been denied access to any portion, which access is for the
purposes of assessing the structure and determining whether the requirement'.
of this article have been met.
Sec. 8-98. Commencement of exemption; land books.
(a) The exemption shall commence upon completion of the
rehabilitation, inspection thereof by the assessor or his designee, verification b'
the assessor or his designee that the rehabilitation described in the application
has been fully completed, and a determination by the city manager or his
designee that the requirements of this article have been met.
(b) Nothing in this article shall be construed to permit the assessor to li~,
upon the land books any reduced assessed value due to the exemption created
by this article.
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Sec. 8-99. Amount, duration, schedules.
(a) The amount of the exemption shall be determined in accordance
with the definition thereof in section 8-93 and schedule in this section.
(b) The increase in assessed value attributable to the rehabilitation
shall be applicable only to any subsequent assessment or reassessment after
completion of the rehabilitation. An increase in an assessment occurring after
the first year of the exemption shall not result in an increase in the exemption
(c) The exemption shall run with the real estate for a period of ten
(10) years according to the following schedule:
Amount of Exemption (percent) for
Structures Meeting Criteria
Year
First through Fifth 100%
Sixth 83%
Seventh 67%
Eighth 50%
Ninth 33%
Tenth 17%
Sec. 8-100. Residential use of structure required.
The exemption shall be available to an owner so long as the substantiall
rehabilitated structure is for residential use.
Sec. 8-101. Vacant land, demolition and replacement of existing structures.
(a) No improvements made upon vacant land shall be eligible for an
exemption under this article.
(b) The terms "rehabilitation" or "rehabilitated" include situations in
which the original structure has been completely demolished but do not
include situations in which the demolished structure is a registered Virginia
landmark or is determined by the Department of Historic Resources to
contribute to the significance of a registered historic district.
Sec. 8-102. Assessment methods.
In determining the base value and any increase in the assessed value of
substantially rehabilitated structure, the assessor shall employ customary and
generally accepted methods of real estate assessment.
Sec. 8-103. Rules and regulations.
The city manager or his designee may prescribe rules and regulations,
consistent with this article, deemed necessary for the effective administration
hereof. A copy of any such rules and regulations shall be available upon
request in the office of the city manager or his designee.
Sec. 8-104. Other laws and ordinances.
Nothing in this article shall be construed to relieve an owner or any
other person or entity from complying with all other applicable laws and
ordinances related to the development, use, rehabilitation or taxation of real
estate.
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Sec. 8-105. Applicability to rehabilitation commencing before enactment of
article.
An owner may apply for an exemption if a building permit for the
proposed rehabilitation was issued on or after January 1, 1994.
This ordinance shall become effective as provided by law.
INTRODUCED: November 15 ~ 1994
PUBLIC HEARING: November 22:1994
ADOPTED: November 22, 1994
ATTEST:
DATE