20030128 2003-5ORDINANCE NO. 2003- 5
AN ORDINANCE AMENDING DIVISION 5, ARTICLE II, CHAPTER 90,
SECTIONS 90-126, 90-132, AND 90-133 OF THE CITY CODE PERTAINING
TO A PARTIAL REAL PROPERTY TAX EXEMPTION FOR
SUBSTANTIALLY REHABILITATED STRUCTURES
BE IT ORDAINED, by the City Council of the City of Fairfax, that Division 5, Article
II, Chapter 90 of the Code of the City of Fairfax, Virginia, is hereby amended in part to read
as follows:
ARTICLE II.
Division 5. SUBSTANTIALLY REHABILITATED STRUCTURES
Sec. 90-126. Definitions.
For the purposes of this division, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Exemption district means:
(1)
(2)
(3)
The Old Town Fairfax Historic Overlay District as defined in section 110-951.
The Old Town Fairfax Transition Overlay District as defined in section 110-1042.
The Highway Corridor Overlay District as defined in section 110-872.
Rehabilitation or rehabilitated mean the original structure has been completely demolished,
unless the original structure is a historic structure designated in accordance with section 110-
951.
Sec. 90-132. Commencement of exemption; land books.
(a) The exemption shall commence in the tax year following the_completion of the
rehabilitation, inspection thereof by the assessor or his designee, verification by 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 division
have been met.
(b) Nothing in this division shall be construed to permit the assessor to list upon the land
books any reduced assessed value due to the exemption created by this division.
Sec. 90-133. Amount, duration, schedules, retail criteria.
(a) Old Town Fairfax Historic Overlay District:
(1) The amount of the exemption shall be determined in accordance with the
definition thereof in section 90-126 and schedules in this subsection.
(2) 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.
(3) The exemption shall run with the real estate for a period of ten years according
to the following schedules:
Year
Amount of Exemption For
Structures
Meeting Retail Criteria in
(4) (percent)
Amount of Exemption For
Structures Not Meeting
Retail Criteria in (4)
(percent)
First--Fifth 100 50
Sixth 83 42
Seventh 67 34
Eighth 5O 25
Ninth 33 17
Tenth 17 9
(4) The retail criteria are:
a. At least 75 percent of the gross square footage of the street level floor
or floors of the structure are used for retail purposes.
b. As used in this section, the term "retail" means the sale of merchandise,
food, beverages or lodging for use or consumption by the immediate purchaser.
(b)
Highway Corridor Overlay District and the Old Town Fairfax Transition Overlay
District:
(1) The amount of the exemption shall be determined in accordance with the
definition thereof in section 90-126 and schedules in this section.
(2) 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.
Year
Amount of Exemption
(percent)
First--Fifth 100
Sixth 83
Seventh 67
Eighth 50
Ninth 33
Tenth 17
(3) To qualify for an exemption in the Highway Corridor Overlay District under
this subsection (b), the proposed rehabilitation shall meet each of the following
criteria:
a. The rehabilitation shall comply with the building and site design and landscape
criteria contained in the Lee Highway component of the Community Appearance Plan and
with all applicable provisions of this Code.
l
b. The substantially rehabilitated commercial structure shall be used for
research and computer sofl:ware firms, national associations, corporate headquarters or other
uses permitted, by right or by special use permit, in the underlying zoning district.
BE IT FURTHER ORDAINED that this ordinance shall become effective on adoption
as provided by law.
INTRODUCED: January 14, 2003
PUBLIC HEARING: January 28, 2003
ENACTED: January 28, 2003
Mayor
Date
C
ATTEST:
The vote to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilwoman Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye