19920623 1992-18ORDINANCE NO. 1992-18
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE XIII, SECTIONS 8-78,
8-80, 8-84 AND 8-86 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, REGARDING PARTIAL REAL ESTATE TAX
EXEMPTION FOR CERTAIN SUBSTANTIALLY REHABILITATED
COMMERCIALAND MIXED USE STRUCTURES.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Sections 8-78, 8-80, 8-84 and 8-86 of Article
XIII, Chapter 8 of the Code of the City of Fairfax are hereby
amended to read as follows:
Section 8-78. Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
Exemption District(s)
a~
The Old Town Fairfax Historic Overlay District and the Old
Town Fairfax Transition Overlay District as defined in
Sections 26-202 and 26-211 of this Code.
The Highway Corridor Overlay District as defined in Section
26-192.3 of this Code.
Section 8-80. Eligibility.
Any owner of real estate upon which there exists a
structure of no less than twenty five (25) years of age,
proposed to be substantially rehabilitated for commercial use,
and located, in whole or in part, within the boundaries oft-he
a__n exemption district shall be eligible to apply for an
exemption.
Section 8-84. Amount, Duration, Schedules, Retail Criteria.
(a)
Old Town Fairfax Historic 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 8-78 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 (10) years according to the
following schedules:
1992-18
-2-
Year
Amount of Exemption
For Structures
Meeting Retail
Criteria in uq~+ (4)
Amount of Exemption
For Structures Not
Meeting Retail
Criteria in~ ¢4)
First through Fifth 100 %
Sixth 83 %
Seventh 67 %
Eighth 50 %
Ninth 33 %
Tenth 17 %
50 %
42 %
34
25
17 %
9 %
(4) The retail criteria are:
At least seventy five (75) percent of the
gross square footage of the street level
floor or floors of the structure are used
for retail purposes.
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
(1)
The amount of the exemption shall be determined in
accordance with the definition thereof in Section 8-78
(2)
and schedules in this subsection.
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
First through Fifth 100 %
Sixth 83 %
Seventh 67 %
Eighth 5O %
Ninth 33 %
Tenth 17 %
(3)
To qualify for an exemption 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 provi-
sions of the City Code.
(b)
The substantially rehabilitated commercial
structure shall be used for research and computer
software firms, national associations, corporate
headquarters or other uses permitted, by right
or by special use permit, in the underlying
zoning district.
1992-18
-3-
Section 8-86.
Vacant Land, Demolition and Replacement of
Existinq Structures.
(a)
No improvements made upon vacant land shall be eligible for
an exemption under this article.
(b)
~-.._A~ ~- ~- --~-~ In the Old Town Fairfax Historic
Overlay District and in the Old Town Fairfax Transition
Overlay District, the terms "rehabilitation', or "rehabili-
tated'' do not include situations in which a structure has
been completely demolished or the gross floor area of a
structure has been reduced by greater than seventy five
(75) percent.
(c)
In the Hiqhway Corridor Overlay District, the terms
"rehabilitation,, or "rehabilitated" include situations in
which the oriqinal structure has been completely demo-
lished.
BE IT FURTHER ORDAINED that the remaining subsections of
the sections hereby amended shall continue to read as previously
enacted.
This ordinance shall become effective as provided by law.
INTRODUCED: May 26, 1992
PUBLIC HEARING: June 23, 1992
ADOPTED: June 23, 1992
ATTEST: