[Adopted 1-25-2011 by L.L. No. 1-2011]
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 in the Village of
Lima (the "Village") which has been converted to mixed 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 section
is sought.
The modernization, rehabilitation, expansion or other improvement
of the portion of mixed-use property to be used for commercial purposes.
The buying, selling or otherwise providing of goods or services
directly to the public, including hotel services, retail stores, office
space, restaurants, bars, gyms, theaters, and cafes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
The horizontal areas of the several floors or any portion
thereof of a mixed-use property measured from the exterior faces of
exterior walls or from the center line of party walls, exclusive of
any area existing below grade.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The finished ground level adjoining the building at all exterior
walls.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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 purposes of which, at least 50% of
the building or structure's square footage is devoted to residential
purposes or use and at least 15% of the building or structure's square
footage is devoted to commercial purposes or use. Only square footage
existing in a story above grade shall be used in the determination
of the building's percentage of residential purposes or use and commercial
purposes or use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An individual, corporation, limited liability company, partnership,
association, agency, trust, estate, foreign or domestic government
or subdivision thereof or other entity.
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.
Any story having its finished floor surface entirely above
grade.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Real property within the Village which has been converted to mixed-use
property shall be partially exempt from taxation and special ad valorem
levies as provided hereinafter. Land which was vacant prior to the
residential or commercial construction work for which a tax exemption
is sought, shall not be eligible to receive benefits pursuant to this
section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
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:
|
Year of exemption
|
Percentage of exemption
|
|---|---|
|
1 through 8
|
100% of exemption base
|
|
9
|
80% of exemption base
|
|
10
|
60% of exemption base
|
|
11
|
40% of exemption base
|
|
12
|
20% of exemption base
|
C.
No such exemption shall be granted unless:
(1)
Such conversion has been commenced subsequent to the effective date
of this article;
(2)
The cost of such conversion exceeds the sum of $10,000;
(3)
At
least 75% of the floor area of the mixed-use property consists of
the preexisting building or structure; and
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(4)
The
portion of the building used for commercial purposes is currently,
as demonstrated by documentation submitted by the applicant, used
as such or is in good faith contemplated.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
D.
No such exemption shall be granted with or subsequent to any other
real property tax exemption granted as a result of effecting 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Such exemption shall be granted only upon application by the
owner of such real property on a form prescribed by the Commissioner.
Such application shall be filed with the Town Tax Assessor on or before
the appropriate taxable status date.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the 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 be exempt from taxation
and special ad valorem levies as provided herein. The assessed value
of any exemption granted pursuant to this article shall be entered
by the Assessor on the assessment roll with the taxable property,
with the amount of the exemption shown in a separate column.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
A. During
the period of exemption pursuant to this section, the owner shall
submit an annual certification to the assessor attesting that the
property complies with the provisions or requirements of this article
and any additional provisions or requirements as may be provided by
local law. Failure to submit such certification shall result in revocation
of benefits. Such certification shall include, at a minimum, the following:
(1)
The
types of residential use and the total above-grade square footage
of such use;
(2)
The
types of commercial use and the total above-grade square footage of
such use;
(3)
Attestation
that the portion of the building used for commercial purposes is currently,
as demonstrated by documentation submitted by the applicant, used
as such or is in good faith contemplated; and
(4)
All
such other information required by the municipality.
B.
If the
assessor is satisfied that the applicant continues to be entitled
to the exemption pursuant to this article, the assessor shall approve
the certification and the real property shall remain exempt from taxation
and special ad valorem levies for another year as provided in this
article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
The benefits
of this section shall be revoked upon a finding by the assessor that:
(1)
The
application for benefits hereunder or the annual certification required
hereunder contains a false statement or false information as to a
material matter or omits a material matter; or
(2)
The
eligible real property fails to comply with one or more of the provisions
or requirements of this article or any provisions or requirements
provided by local law.
B.
Such revocation
shall require the repayment of any benefits previously granted pursuant
to this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
If the assessor determines that there was a material misstatement
in an application filed by or on behalf of the owners for an exemption
pursuant to this section and that such misstatement provided the basis
for the granting of such exemption, the municipality shall proceed
to impose a penalty on the applicant of one thousand dollars in addition
to recovering the amount of any prior exemption granted.
This article shall take effect within 30 days of its filing
in the Office of the Secretary of State.
