Be it enacted by the General Assembly of Virginia:
1. That §58.1-3221 of the Code of Virginia is amended and reenacted as follows:
§58.1-3221. Partial exemption for certain rehabilitated, renovated or replacement commercial or industrial structures.
A. The governing body of any county, city or town may, by
ordinance, provide for the partial exemption from taxation of real estate on
which any structure or other improvement no less than twenty 20
years of age, or fifteen 15 years of age if the structure is located
in an area designated as an enterprise zone by the Commonwealth or as a
technology zone by any county, city or town pursuant to §58.1-3850, has
undergone substantial rehabilitation, renovation or replacement for commercial
or industrial use, subject to such conditions as the ordinance may prescribe.
The ordinance may, in addition to any other restrictions hereinafter provided,
restrict such exemptions to real property located within described zones or
districts whose boundaries shall be determined by the governing body. The
governing body of a county, city or town may establish criteria for determining
whether real estate qualifies for the partial exemption authorized by this
provision and may require the structure to be older than twenty 20
years of age, or fifteen 15 years of age if the structure is
located in an area designated as an enterprise zone by the Commonwealth, or
as a technology zone by any county, city or town pursuant to §58.1-3850 or
place such other restrictions and conditions on such property as may be
prescribed by ordinance. Such ordinance may also provide for the partial
exemption from taxation of real estate which that has been
substantially rehabilitated by complete replacement for commercial and
industrial use.
B. The partial exemption provided by the local governing body
may not exceed an amount equal to the increase in assessed value resulting from
the rehabilitation, renovation or replacement of the commercial or industrial
structure as determined by the commissioner of revenue or other local assessing
officer or an amount up to fifty 50 percent of the cost of
rehabilitation, renovation or replacement as determined by ordinance. The
exemption may commence upon completion of the rehabilitation, renovation or
replacement, or on January 1 of the year following completion of the
rehabilitation, renovation or replacement and shall run with the real estate
for a period of no longer than fifteen 15 years. The governing
body of a county, city or town may place a shorter time limitation on the
length of such exemption, or reduce the amount of the exemption in annual steps
over the entire period or a portion thereof, in such manner as the ordinance
may prescribe.
C. Nothing in this section shall be construed as to permit the commissioner of the revenue to list upon the land book any reduced value due to the exemption provided in subsection B.
D. The governing body of any county, city or town may assess a
fee not to exceed one hundred twenty-five dollars $125 for
residential properties, or two hundred fifty dollars $250 for
commercial, industrial, and/or apartment properties of six units or more,
for processing an application requesting the exemption provided by this
section. No property shall be eligible for such exemption unless the appropriate
building permits have been acquired and the commissioner of the revenue or
assessing officer has verified that the rehabilitation, renovation or
replacement indicated on the application has been completed.
E. Where rehabilitation is achieved through demolition and replacement of an existing structure, the exemption provided in subsection A shall not apply when any structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic landmark.