58.1-3221.3 - (Effective until June 30, 2013) Classification of certain commercial and industrial real property and taxation of such property by certain localities.
§ 58.1-3221.3. (Effective until June 30, 2013) Classification of certaincommercial and industrial real property and taxation of such property bycertain localities.
A. Beginning January 1, 2008, and solely for the purposes of imposing the taxauthorized pursuant to this section, in the counties and cities that arewholly embraced by the Northern Virginia Transportation Authority and theHampton Roads metropolitan planning area as of January 1, 2008, pursuant to §134 of Title 23 of the United States Code, all real property used for orzoned to permit commercial or industrial uses is hereby declared to be aseparate class of real property for local taxation. Such classification ofreal property shall exclude all residential uses and all multifamilyresidential uses, including but not limited to single family residentialunits, cooperatives, condominiums, townhouses, apartments, or homes in asubdivision when leased on a unit by unit basis even though these units maybe part of a larger building or parcel of real estate containing more thanfour residential units.
B. In addition to all other taxes and fees permitted by law, (i) thegoverning body of any locality embraced by the Northern VirginiaTransportation Authority may, by ordinance, annually impose on all realproperty in the locality specially classified in subsection A: an amount ofreal property tax, in addition to such amount otherwise authorized by law, ata rate not to exceed $0.125 per $100 of assessed value as the governing bodymay, by ordinance, impose upon the annual assessed value of all real propertyused for or zoned to permit commercial or industrial uses; and (ii) thegoverning body of any locality wholly embraced by the Hampton Roadsmetropolitan planning area as of January 1, 2008, pursuant to § 134 of Title23 of the United States Code may, by ordinance, annually impose on all realproperty in the locality specially classified in subsection A: an amount ofreal property tax, in addition to such amount otherwise authorized by law, ata rate not to exceed $0.10 per $100 of assessed value as the governing bodymay, by ordinance, impose upon the annual assessed value of all real propertyused for or zoned to permit commercial or industrial uses. The authoritygranted in this subsection shall be subject to the following conditions:
(1) Upon appropriation, all revenues generated from the additional realproperty tax imposed shall be used to benefit the locality imposing the taxsolely for (i) new road construction and associated planning, design, andright-of-way acquisition, including new additions to, expansions, orextensions of existing roads that add new capacity, service, or access, (ii)new public transit construction and associated planning, design, andright-of-way acquisition, including new additions to, expansions, orextensions of existing public transit projects that add new capacity,service, or access, (iii) other capital costs related to new transportationprojects that add new capacity, service, or access and the operating costsdirectly related to the foregoing, or (iv) the issuance costs and debtservice on bonds that may be issued to support the capital costs permitted insubdivisions (i), (ii), or (iii); and
(2) The additional real property tax imposed shall be levied, administered,enforced, and collected in the same manner as set forth in Subtitle III ofTitle 58.1 for the levy, administration, enforcement, and collection of localtaxes. In addition, the local assessor shall separately assess and set forthupon the locality's land book the fair market value of that portion ofproperty that is defined as a separate class of real property for localtaxation in accordance with the provisions of this section.
C. Beginning January 1, 2008, in lieu of the authority set forth insubsections A and B above and solely for the purposes of imposing the taxauthorized pursuant to this section, in the counties and cities whollyembraced by the Northern Virginia Transportation Authority and the HamptonRoads metropolitan planning area as of January 1, 2008, pursuant to § 134 ofTitle 23 of the United States Code, all real property used for or zoned topermit commercial or industrial uses is hereby declared to be a separateclass of real property for local taxation. Such classification of realproperty shall exclude all residential uses and all multifamily residentialuses, including but not limited to single family residential units,cooperatives, condominiums, townhouses, apartments, or homes in a subdivisionwhen leased on a unit by unit basis even though these units may be part of alarger building or parcel of real estate containing more than fourresidential units.
D. In addition to all other taxes and fees permitted by law, (i) thegoverning body of any locality embraced by the Northern VirginiaTransportation Authority may, by ordinance, create within its boundaries, oneor more special regional transportation tax districts and, thereafter, may,by ordinance, impose upon the real property located in special regionaltransportation tax districts specially classified in subsection C within suchspecial regional transportation tax districts: an amount of real propertytax, in addition to such amounts otherwise authorized by law, at a rate notto exceed $0.125 per $100 of assessed value as the governing body may, byordinance, impose upon the annual assessed value of all real property usedfor or zoned to permit commercial or industrial uses; and, (ii) the governingbody of any locality wholly embraced by the Hampton Roads metropolitanplanning area as of January 1, 2008, pursuant to § 134 of Title 23 of theUnited States Code may, by ordinance, create within its boundaries, one ormore special regional transportation tax districts and, thereafter, may, byordinance, impose upon the real property specially classified in subsection Cwithin such special regional transportation tax districts: an amount of realproperty tax, in addition to such amounts otherwise authorized by law, at arate not to exceed $0.10 per $100 of assessed value as the governing bodymay, by ordinance, impose upon the annual assessed value of all real propertyused for or zoned to permit commercial or industrial uses. The authoritygranted in this subsection shall be subject to the following conditions:
(1) Notwithstanding any other provisions of law to the contrary, uponappropriation, all revenues generated from the additional real property taxesimposed in accordance with subsection C and this subsection shall be used fortransportation purposes that benefit the special regional transportation taxdistrict to which such revenue is attributable and solely for (i) new roadconstruction and associated planning, design, and right-of-way acquisition,including new additions to, expansions, or extensions of existing roads thatadd new capacity, service, or access, (ii) new public transit constructionand associated planning, design, and right-of-way acquisition, including newadditions to, expansions, or extensions of existing public transit projectsthat add new capacity, service, or access, (iii) other capital costs relatedto new transportation projects that add new capacity, service, or access andthe operating costs directly related to the foregoing, or (iv) the issuancecosts and debt service on bonds that may be issued to support the capitalcosts permitted in subdivisions (i), (ii), or (iii);
(2) Any local ordinance adopted in accordance with the provisions ofsubsection C and this subsection shall include the requirement that theadditional real property taxes so authorized are to be imposed annually inaccordance with applicable law;
(3) Any locality that imposes the additional real property taxes set forth insubsections A and B shall not be permitted to also impose the additional realproperty taxes set forth in subsection C and this subsection. In addition,any locality electing to impose the additional real property taxes on allreal property located in such locality that is specially classified insubsections A and B must do so in the manner prescribed in subsections A andB and not by creation of a special transportation tax district as set forthin subsection C and this subsection. The creation of such special regionaltransportation tax districts shall not, however, affect the authority of alocality to establish tax districts pursuant to other provisions of law;
(4) The total revenues generated from the additional real property taxesimposed in accordance with subsection C and this subsection shall not be lessthan 85% of the revenues estimated to be generated when imposing theadditional real property taxes in accordance with subsections A and B at therate of $0.125 per $100 of assessed value in any locality embraced by theNorthern Virginia Transportation Authority and at the rate of $0.10 per $100of assessed value in any locality wholly embraced by the Hampton Roadsmetropolitan planning area as of January 1, 2008, pursuant to § 134 of Title23 of the United States Code; and
(5) The additional real property taxes imposed pursuant to subsection C andthis subsection shall be levied, administered, enforced, and collected, inthe same manner as set forth in Subtitle III of Title 58.1 for the levy,administration, enforcement, and collection of all local taxes. In addition,the local assessor shall separately assess and set forth upon the locality'sland book the fair market value of that portion of property that is definedas separate class of real property for local taxation in accordance with theprovisions of this section.
(2007, c. 896; 2009, cc. 677, 822, 864, 871.)
§ 58.1-3221.3. (Effective June 30, 2013) Classification of certain commercialand industrial real property and taxation of such property by certainlocalities.
A. Beginning January 1, 2008, and solely for the purposes of imposing the taxauthorized pursuant to this section, in the counties and cities that arewholly embraced by the Northern Virginia Transportation Authority and theHampton Roads metropolitan planning area as of January 1, 2008, pursuant to §134 of Title 23 of the United States Code, all real property used for orzoned to permit commercial or industrial uses is hereby declared to be aseparate class of real property for local taxation. Such classification ofreal property shall exclude all residential uses and all multifamilyresidential uses, including but not limited to single family residentialunits, cooperatives, condominiums, townhouses, apartments, or homes in asubdivision when leased on a unit by unit basis even though these units maybe part of a larger building or parcel of real estate containing more thanfour residential units.
B. In addition to all other taxes and fees permitted by law, (i) thegoverning body of any locality embraced by the Northern VirginiaTransportation Authority may, by ordinance, annually impose on all realproperty in the locality specially classified in subsection A: an amount ofreal property tax, in addition to such amount otherwise authorized by law, ata rate not to exceed $0.25 per $100 of assessed value as the governing bodymay, by ordinance, impose upon the annual assessed value of all real propertyused for or zoned to permit commercial or industrial uses; and (ii) thegoverning body of any locality wholly embraced by the Hampton Roadsmetropolitan planning area as of January 1, 2008, pursuant to § 134 of Title23 of the United States Code may, by ordinance, annually impose on all realproperty in the locality specially classified in subsection A: an amount ofreal property tax, in addition to such amount otherwise authorized by law, ata rate not to exceed $0.10 per $100 of assessed value as the governing bodymay, by ordinance, impose upon the annual assessed value of all real propertyused for or zoned to permit commercial or industrial uses. The authoritygranted in this subsection shall be subject to the following conditions:
(1) Upon appropriation, all revenues generated from the additional realproperty tax imposed shall be used to benefit the locality imposing the taxsolely for (i) new road construction and associated planning, design, andright-of-way acquisition, including new additions to, expansions, orextensions of existing roads that add new capacity, service, or access, (ii)new public transit construction and associated planning, design, andright-of-way acquisition, including new additions to, expansions, orextensions of existing public transit projects that add new capacity,service, or access, (iii) other capital costs related to new transportationprojects that add new capacity, service, or access and the operating costsdirectly related to the foregoing, or (iv) the issuance costs and debtservice on bonds that may be issued to support the capital costs permitted insubdivisions (i), (ii), or (iii); and
(2) The additional real property tax imposed shall be levied, administered,enforced, and collected in the same manner as set forth in Subtitle III ofTitle 58.1 for the levy, administration, enforcement, and collection of localtaxes. In addition, the local assessor shall separately assess and set forthupon the locality's land book the fair market value of that portion ofproperty that is defined as a separate class of real property for localtaxation in accordance with the provisions of this section.
C. Beginning January 1, 2008, in lieu of the authority set forth insubsections A and B above and solely for the purposes of imposing the taxauthorized pursuant to this section, in the counties and cities whollyembraced by the Northern Virginia Transportation Authority and the HamptonRoads metropolitan planning area as of January 1, 2008, pursuant to § 134 ofTitle 23 of the United States Code, all real property used for or zoned topermit commercial or industrial uses is hereby declared to be a separateclass of real property for local taxation. Such classification of realproperty shall exclude all residential uses and all multifamily residentialuses, including but not limited to single family residential units,cooperatives, condominiums, townhouses, apartments, or homes in a subdivisionwhen leased on a unit by unit basis even though these units may be part of alarger building or parcel of real estate containing more than fourresidential units.
D. In addition to all other taxes and fees permitted by law, (i) thegoverning body of any locality embraced by the Northern VirginiaTransportation Authority may, by ordinance, create within its boundaries, oneor more special regional transportation tax districts and, thereafter, may,by ordinance, impose upon the real property located in special regionaltransportation tax districts specially classified in subsection C within suchspecial regional transportation tax districts: an amount of real propertytax, in addition to such amounts otherwise authorized by law, at a rate notto exceed $0.25 per $100 of assessed value as the governing body may, byordinance, impose upon the annual assessed value of all real property usedfor or zoned to permit commercial or industrial uses; and, (ii) the governingbody of any locality wholly embraced by the Hampton Roads metropolitanplanning area as of January 1, 2008, pursuant to § 134 of Title 23 of theUnited States Code may, by ordinance, create within its boundaries, one ormore special regional transportation tax districts and, thereafter, may, byordinance, impose upon the real property specially classified in subsection Cwithin such special regional transportation tax districts: an amount of realproperty tax, in addition to such amounts otherwise authorized by law, at arate not to exceed $0.10 per $100 of assessed value as the governing bodymay, by ordinance, impose upon the annual assessed value of all real propertyused for or zoned to permit commercial or industrial uses. The authoritygranted in this subsection shall be subject to the following conditions:
(1) Notwithstanding any other provisions of law to the contrary, uponappropriation, all revenues generated from the additional real property taxesimposed in accordance with subsection C and this subsection shall be used fortransportation purposes that benefit the special regional transportation taxdistrict to which such revenue is attributable and solely for (i) new roadconstruction and associated planning, design, and right-of-way acquisition,including new additions to, expansions, or extensions of existing roads thatadd new capacity, service, or access, (ii) new public transit constructionand associated planning, design, and right-of-way acquisition, including newadditions to, expansions, or extensions of existing public transit projectsthat add new capacity, service, or access, (iii) other capital costs relatedto new transportation projects that add new capacity, service, or access andthe operating costs directly related to the foregoing, or (iv) the issuancecosts and debt service on bonds that may be issued to support the capitalcosts permitted in subdivisions (i), (ii), or (iii);
(2) Any local ordinance adopted in accordance with the provisions ofsubsection C and this subsection shall include the requirement that theadditional real property taxes so authorized are to be imposed annually inaccordance with applicable law;
(3) Any locality that imposes the additional real property taxes set forth insubsections A and B shall not be permitted to also impose the additional realproperty taxes set forth in subsection C and this subsection. In addition,any locality electing to impose the additional real property taxes on allreal property located in such locality that is specially classified insubsections A and B must do so in the manner prescribed in subsections A andB and not by creation of a special transportation tax district as set forthin subsection C and this subsection. The creation of such special regionaltransportation tax districts shall not, however, affect the authority of alocality to establish tax districts pursuant to other provisions of law;
(4) The total revenues generated from the additional real property taxesimposed in accordance with subsection C and this subsection shall not be lessthan 85% of the revenues estimated to be generated when imposing theadditional real property taxes in accordance with subsections A and B at therate of $0.25 per $100 of assessed value in any locality embraced by theNorthern Virginia Transportation Authority and at the rate of $0.10 per $100of assessed value in any locality wholly embraced by the Hampton Roadsmetropolitan planning area as of January 1, 2008, pursuant to § 134 of Title23 of the United States Code; and
(5) The additional real property taxes imposed pursuant to subsection C andthis subsection shall be levied, administered, enforced, and collected, inthe same manner as set forth in Subtitle III of Title 58.1 for the levy,administration, enforcement, and collection of all local taxes. In addition,the local assessor shall separately assess and set forth upon the locality'sland book the fair market value of that portion of property that is definedas separate class of real property for local taxation in accordance with theprovisions of this section.
(2007, c. 896; 2009, cc. 677, 864, 871.)