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2005 Ordinances
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<br />. <br /> <br />. <br /> <br />URDlNANCE NO~005-28 <br /> <br />AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY ESTABLISHING A PROCEDURE FOR THE <br />GRANTING OF TAX-EXEMPT STATUS TO QUALIFIED NON-PROFIT <br />ORGANIZATIONS. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br />I. That Chapter 35 of the Code of the City of Portsmouth, Virginia (1988) be amended <br />by the adoption of new section 35-134 and new Article XVII to read as follows: <br /> <br />Sec. 35-134. Tax exemption of real and personal property by classification and designation. <br /> <br />The real and personal property of certain entities and organizations may be determined <br />exempt from taxation by classification and designation as provided by Article XVII of this chapter. <br /> <br />ARTICLE XVII. EXEMPTION FROM TAXATION BY CLASSIFICATION. <br /> <br />Sec. 35-250. Tax exemption by classification and designation. <br /> <br />(a) Exemptions by classification. The exemptions by classification set out in Sections <br />58.1-3606 and 58.1-3609 through 58.1-3622 of the Code of Virginia are hereby adopted and <br />incorporated by reference. The city assessor is authorized to administratively approve exemptions <br />by classification for qualified real and personal property. All requests for exemption by <br />classification shall be initiated by application of the property owner. The application shall be on <br />forms provided by the city assessor and shall contain all information and documents necessary to <br />evaluate whether the property qualifies for the exemption. The city assessor may waive the <br />requirement of a formal application for property owned directly by the United States, the <br />Commonwealth of Virginia, or any political subdivision thereof. The city assessor shall evaluate <br />the application in strict conformance with applicable statutory criteria and shall provide a final <br />written determination to the applicant, the city treasurer, and the commissioner of the revenue <br /> <br />(b) Exemptions by designation. In the interest of sound fiscal policy, no requests for <br />exemption by designation shall be accepted or considered by city council; nor shall any such <br />request be granted administratively. The city assessor is authorized to recognize only those tax <br />exemptions by designation granted by the General Assembly up until January 1,2003, which <br />designations shall apply to existing and newly acquired property used for qualifying purposes. <br /> <br />(c) Strict construction. All requests for tax exemption shall be strictly construed, with <br />any doubt resolved against the grant of exemption. <br /> <br />(d) Effective date. Unless otherwise directed by city council, the grant oftax exemption <br />. under this section shall be effective from the date that the non-profit owner began using the <br />
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