(a) No improvements made on vacant land nor total replacement of residential structures shall be eligible for the rehabilitated real estate tax exemption.
(b) No property shall be eligible for the rehabilitated real estate tax exemption unless:
(1) All necessary building permits have been acquired;
(2) All work is completed within twelve months from the date the initial building permit was issued;
(3) The County Assessor has verified that the rehabilitation indicated on the application has been completed;
(4) The use of the property as of the date of application continues without change; and
(5) The property owner is current in payment of all taxes, assessments and other fees due to the County.
(c) Applications for exemption must be filed prior to January 1 of the taxable year for which such exemption is claimed.
(d) No structure shall be eligible for the exemption if access for the purpose of assessing the structure and determining whether the requirements of this chapter have been met is denied.
(e) No property shall be eligible for the exemption if that property is substantially rehabilitated by the demolition and replacement of any structure that is:
(1) A registered Virginia landmark; or
(2) Determined by the Department of Historic Resources to contribute to the significance of a registered historic district.
(f) Prior to a determination that the property has been substantially rehabilitated as defined by this chapter, the owner of the property shall continue to be subject to taxation upon the full value of the property.
(g) No property owner may apply for the exemption on the basis of a building permit issued on or before January 1, 2001. Owners of property on which such improvements were completed prior to January 1, 2001, shall not be eligible for the exemption prescribed by this chapter, and further shall not be eligible for refund or adjustment of taxes payable prior to January 1, 2001.
(h) Except in instances in which an improved property has been substantially damaged by an action that is beyond the control of the owner or occupant, as defined below, no improved property which has qualified for the exemption pursuant to this chapter shall be eligible to submit any application for further exemption based on subsequent improvements during the pendency of the initial exemption period. If an improved property qualified for the exemption pursuant to this chapter is damaged by an action beyond the control of the owner or occupant, and if the property may otherwise qualify for the exemption pursuant to this chapter, then the owner of the real estate may apply for the exemption based on the then-present value of the damaged property, and the qualification for the new exemption shall supersede and extinguish any exemption that may have been available under the previous qualification. For the purposes of this chapter, the term “action that is beyond the control of the owner or occupant” shall include fire, flood and windstorm that reduces the fair market value of the property by no less than thirty percent.
(i) If a structure was built and later expanded after the initial construction, then the age of the structure and its eligibility for the exemption shall be determined by the age of that portion of the structure which constitutes not less than two-thirds of the total square footage of the entire structure.
(Ord. 01-03. Passed 5-21-01.)