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01-28-2019 Legislative PacketLE GISLATIVE COMMITTEE Pittsylvania County Board ofSupervisors 5:00p.m.; Monday, January 28,2019 Main Conference Room County Administration Building 1 Center Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (5:00p.m.) 2. ROLL CALL 3. ANY REVISIONS/ADDITIONS TO AGENDA 4. APPROVAL OF AGENDA 5. NEW BUSINESS: a) Elderly/Indigent Tax Exemption Proration (Hammock) b) Land Use Application Late Filing (with Penalty) (Hammock) c) "Farming Definition" Expansion/Clarification for Taxation Purposes Hammock) d) Hylton Rezoning (to be initiated by BOS) (Sides/Hayes) e) Animal Public Nuisance Ordinance (Hunt) f) Dilapidated Structure Removal Matrix (Sides) g) Fire and Rescue Ordinance Update (Slemp) 6. OLD BUSINESS: (Hunt) a) Potential Grass and Weeds Ordinance b) Potential Revision to Inoperable Vehicles Ordinance 7. MATTERS FROM COMMITTEE MEMBERS 8. ADJOURNMENT Elderly/Disabled Tax Exemption Proration Current County Ordinance provides any change in ownership, income, ect voids the current year exemption and the immediate year following. (See copy ofordinance-highlighted section in folder) State Code does allow by local ordinance you can pro-rate due to death ofthe taxpayer (See copy of state ordinance-highlighted section in folder) Ifchange is desired -local ordinance should mirror state code. 58.1-3215. Effective date; change in circumstances. A. An exemption or deferral enacted pursuant to§ 58.1-3210 or 58.1-3211.1 may be granted for any year following the date that the qualifying individual occupying such dwelling and owning title or partial title thereto reaches the age of65 years or for any year following the date the disability occurred. 'l'hagges in income, financial worth. ownerS'hip ofproperty or other factors occurring during the taxable ye41r for ~-hich an aftldayitis med and l~aviJ1g the effect of:' e:xce:eding or vi ,oJ:ating the limitations ood condjtions p;rovided by coun.iy: city or to\vn ordinance shalf nuJJi{y any CX{}lllption or deferral fo,r the r\!maif1der ofthc CUITC!J,t tapcable year and tho taxable year immediately foHowi1Jg , However1 any locaiJ~y may by ordinance pro\j<J.e aprorated exetnption or deJerrall'or the portion oftl1e ~~xable year dudng which the taxpayer qualified f01 ' suef.l: ~xemption or d~f~rraL B. An ordinance enacted pursuant to this article may provide thttt a change in ownership to a spouse or a nonqu;alifying individna11 '\,Vh~nsuch chang,e 1·~~plted solely :from th~ geath ofthe qutt~li f)ring ind1 vJdll:al~ or a sale ofsuch property shall result in a prorated exemption or deferrall for the then curre11t taxable year. The proceeds ofthe sale which would result in the prorated exemption or deferral shall not be included in the computation ofnet worth or income as provided in subsection A. Such prorated portion shall be determined by multiplying the amount ofthe exemption or deferral by a traction wherein the number ofcomplete months ofthe year such property was properly eligible for such exemption or deferral is the numerator and the number 12 is the denominator. C. An ordinance enacted pursuant to this ruticle may provide that an individual who does not qualify for the exemption or deferral under this article based upon the previous year's income limitations and financial worth limitations, may nonetheless qualify for the current year by tiling an affidavit that clearly shows a substantial change ofcircumstances, that was not volitional on the part ofthe individual to become eligible for the exemption or deferral, and will result in income and financial worth levels that are within the limitations ofthe ordinance. The ordinance may impose additional conditions and require other information under this subsection. The locality may prorate the exemption or defetTal ±rom the date the at1idavit is submitted or any other date. Any exemption or deferral under this subsection must be conditioned upon the individual tiling another affidavit after the end ofthe year in which the exemption or defetTal was granted, within a period oftime specified by the locality, showing that the actual income and financial worth levels were within the limitations set by the ordinance. Ifthe actual income and financial worth levels exceeded the limitations any exemption or deferral shall be nullified for the current taxable year and the taxable year immediately following. Code 1950, § 58-760.1; 1971 , Ex. Sess., c. 169; 1972, cc. 315, 616; 1973, c. 496; 1974, c. 427; 1976,c. 543; 1977 ,cc.48 ,453 ,456; 1978 ,cc.774,776,777,780,788,790; 1979,cc. 543 ,544 , 545,563; 1980 ,cc .656,666,673 ; 1981,c.434; 1982,cc. 123,457; 1984,cc.267,675; 1987,cc. 525,534; 1989,c.40;2007,c.357;2008,c.208;2011,cc.438,496. PITTSYLVANIA COUNTY CODE SEC. 6-6. EXEMPTION ON REAL ESTATE OF CERTAIN ELDERLY AND DISABLED PERSONS. 1. Purpose. In accordance with Virginia Code§ 58.1-321, 1950, as amended, the Board ofSupervisors hereby deems those elderly persons or permanently and totally disabled persons who fall within the provisions of this article to be bearing an extraordinary tax burden on the real estate and manufactured homes defined herein in relation to their income and net worth. 2. Definitions. a. "dwelling" shall mean the full-time residence and domiciliary, including a manufactured or mobile home, ofthe person claiming the exemption. b. "elderly" shall mean a person not less than sixty-five (65) years ofage as ofDecember 31 ofthe year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records of the Commissioner ofRevenue. When applied to personal prop b. "elderly" shall mean a person not less than sixty-five (65) years ofage as ofDecember 31 ofthe year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records ofthe Commissioner of Revenue. When applied to personal property, fair market value shall mean the actual value as appraised by the Commissioner ofRevenue. d. "income" shall mean total gross income from all sources, without regard to whether a tax return is actually filed. Income shall not include life insurance benefits or receipts from borrowing or other debt. e. "manufactured or mobile home" means a structure subject to federal regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty 40) body feet or more in length in the traveling mode; or is three-hundred and twenty (320) or more square feet when erected on site; is built on a permanent chassis; and is designed to be used as a single family dwelling, with or without a permanent foundation. f. "permanently and totally disabled" shall mean unable to engage in any substantially gainful activity by means of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration ofthe person's life. g. "real estate" shall mean real property and dwelling structures, and shall include manufactured or mobile homes which are presently being used as a dwelling, and are connected to the required utilities including plumbing, heating, air conditioning, and electrical utilities. h. "relative" shall mean any relation by blood or marriage. i. "taxable year" shall mean the calendar year, from January 1 until December 31, for which exemption is claimed. 3. General Provisions. A. Real estate owned and occupied as the sole dwelling ofa person or persons who are not less than sixty-five (65) years ofage or who are determined to be permanently and totally disabled are exempted from so much of the County Real Estate Taxes as provided for in Section 4 hereof, subject however to the following restrictions and conditions, in addition to those set out elsewhere in this section: 1. The combined annual income shall be based on adding together the income received during the preceding calendar year, without regard to whether a tax return is actually filed, by (i) owners ofthe dwelling who use it as their principal residence, (ii) owners' relatives who live in the dwelling, except for those relatives living in the dwelling and providing bona fide caregiving services to the owner whether such relatives are compensated or not, and (iii) nomelatives ofthe owner who live in the dwelling except for bona fide tenants or bona fide caregivers ofthe owner, whether compensated or not, shall not exceed twenty- five thousand ($25,000.00) dollars per year; provided that the first four thousand 4,000.00) dollars ofannual income ofeach relative/nomelative, other than the spouse of the owner, shall not be included in such totals; and 2. That the net combined financial worth, including equitable interests, ofthe owners and ofthe spouse of any owner, excluding the value ofthe dwelling and the land upon which it sits, not exceeding one acre, does not exceed sixty thousand ($60,000.00) dollars as of the 31st day of December of the immediately preceding calendar year, and through the taxable year to which such exemption is to apply. B. The person or persons claiming such exemptions shall file annually, after the (1st) day of January but not later than the fifteenth day of February, with the Commissioner of Revenue of Pittsylvania County, Virginia, or such other agent or officer as may be designated by the commissioner, on forms supplied by the County, an Affidavit setting forth the names ofrelated persons occupying the real estate for which the exemption is claimed, their total combined net worth, including equitable interests and the combined income from all sources of all persons specified. The application deadline may be extended on the approval of the Commissioner of Revenue, ifthe applicant is applying for the exemption for the first time or in cases ofhardship, and ifproper application is made along with a sworn affidavit that failure to apply by the fifteenth day ofFebruary was due to reasons beyond the applicant's control. The Commissioner ofRevenue shall require that the applicant, spouse, and any and all relatives living in the dwelling supply proof ofage in the form ofBirth Certificates or Passports or Drivers License; and proofofincome in the form of copies of their W-2s, 1099-DIV, 1099-INT, 1099-MISC, 1099-R, SSA-1099 Social Security Statements, and such other documents as may be required by the Commissioner of Revenue to determine income and total combined net worth. (B.S.M. 12-19-06) Pagr4 0 C. Ifthe person claiming the exemption is under sixty-five (65) years of age, the Affidavit filed under this section shall have attached thereto a Certification by the Social Security Administration, the Veterans Administration or the Railroad Retirement Board, or ifsuch person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the Commonwealth ofVirginia, to the effect that such person is permanently and totally disabled. The affidavit of at least one such doctor shall be based upon a physical examination ofsuch person by such doctor. The affidavit ofone such doctor may be based upon medical information contained in the records ofthe Civil Service Commission which is relevant to the standards for determining permanent and total disability, as defined herein. D. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption or deferral is sought does not continue to be the sole dwelling of such person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. 4. Exemption. a) The exemption shall be as follows: Total Income from All Sources 0-$15,400 15,401 -$16,600 16,601-$17,800 17,801-$19,000 19,001 -$20,200 20,201 -$21,400 21,401 -$22,600 22,601 -$23,800 23,801-$25,000 Tax Exemption 100% 90% 80% 70% 60% 50% 40% 30% 20% b) The total annual exemptions shall not exceed four-hundred and fifty ($450.00) dollars. c) The tax exemption herein permitted may be granted for any year following the year ofthe taxpayer occupying such dwelling and owning title or partial title thereto reaches the age ofsixty- five (65) years or is determined to be permanently and totally disabled. d) Ifthe ownership ofthe property for which application for exemption is made is not held solely by the applicant, or jointly with the applicant's wife, then the amount of the tax exemption percentage as provided for herein shall be in proportion to the applicant's ownership interest. 5. Changes-Ownership. income or financial worth. Any change in respect oftotal combined income, net combined financial worth, ownership ofthe dwelling exempted, or other factors, which occur during the taxable year for which the affidavit is filed, and which has the effect of a reduction or termination of any exemption, shall nullify or reduce any exemption for the then current taxable year, and the taxable year immediately following. 6. Certification to the Treasurer. The Commissioner of Revenue shall certify to the Treasurer of Pittsylvania County, Virginia, annually those persons who qualify under this article for an exemption and the amount thereof. The Treasurer shall deduct the amount of exemption from the applicant's real estate tax for that year. 7. Penalty. Any person who knowingly gives false information to support a claim for an exemption under this article, or any person who willfully fails to notify the Commissioner of Revenue or other designated officer ofchanges in conditions which would result in a reduction or termination ofthe exemption, PITTSYLVANIA COUNTY CODE SEC. 6-6. EXEMPTION ON REAL ESTATE OF CERTAIN ELDERLY AND DISABLED PERSONS. 1. Purpose. In accordance with Virginia Code§ 58.1-321, 1950, as amended, the Board ofSupervisors hereby deems those elderly persons or permanently and totally disabled persons who fall within the provisions of this article to be bearing an extraordinary tax burden on the real estate and manufactured homes defined herein in relation to their income and net worth. 2. Definitions. a. "dwelling " shall mean the full-time residence and domiciliary, including a manufactured or mobile home, ofthe person claiming the exemption. b. "elderly" shall mean a person not less than sixty-five (65) years of age as ofDecember 31 ofthe year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records ofthe Commissioner ofRevenue. When applied to personal prop b. "elderly" shall mean a person not less than sixty-five (65) years ofage as ofDecember 31 ofthe year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records ofthe Commissioner ofRevenue. When applied to personal property, fair market value shall mean the actual value as appraised by the Commissioner ofRevenue. d. "income" shall mean total gross income from all sources, without regard to whether a tax return is actually filed. Income shall not include life insurance benefits or receipts from borrowing or other debt. e. "manufactured or mobile home" means a structure subject to federal regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty ( 40) body feet or more in length in the traveling mode; or is three-hundred and twenty 320) or more square feet when erected on site; is built on a permanent chassis; and is designed to be used as a single family dwelling, with or without a permanent foundation. f. "permanently and totally disabled" shall mean unable to engage in any substantially gainful activity by means of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life. g. "real estate" shall mean real property and dwelling structures, and shall include manufactured or mobile homes which are presently being used as a dwelling, and are connected to the required utilities including plumbing, heating, air conditioning, and electrical utilities. h. "relative" shall mean any relation by blood or marriage. i. "taxable year" shall meanthe calendar year, from January 1 until December 31, for which exemption is claimed. 3. General Provisions. A. Real estate owned and occupied as the sole dwelling of a person or persons who are not less than sixty-five (65) years ofage or who are determined to be permanently and totally disabled are exempted from so much of the County Real Estate Taxes as provided for in Section 4 hereof, subject however to the following restrictions and conditions, in addition to those set out elsewhere in this section: 1. The combined annual income shall be based on adding together the income received during the preceding calendar year, without regard to whether a tax return is actually filed, by (i) owners ofthe dwelling who use it as their principal residence, (ii) owners' relatives who live in the dwelling, except for those relatives living in the dwelling and providing bona fide caregiving services to the owner whether such relatives are compensated or not, and (iii) nonrelatives ofthe owner who live in the dwelling except for bona fide tenants or bona fide caregivers ofthe owner, whether compensated or not, shall not exceed twenty- five thousand ($25,000.00) dollars per year; provided that the first four thousand 4,000.00) dollars ofannual income ofeach relative/nonrelative, other than the spouse of the owner, shall not be included in such totals; and 2. That the net combined financial worth, including equitable interests, ofthe owners and ofthe spouse of any owner, excluding the value ofthe dwelling and the land upon which it sits, not exceeding one acre, does not exceed sixty thousand ($60,000.00) dollars as of the 31st day of December of the immediately preceding calendar year, and through the taxable year to which such exemption is to apply. B. The person or persons claiming such exemptions shall file annually, after the (1st) day of January but not later than the fifteenth day of February, with the Commissioner \>f Revenue of Pittsylvania County, Virginia, or such other agent or officer as may be designated by the commissioner, on forms supplied by the County, an Affidavit setting forth the names ofrelated persons occupying the real estate for which the exemption is claimed, their total combined net worth, including equitable interests and the combined income from all sources of all persons specified. The application deadline may be extended on the approval of the Commissioner of Revenue, ifthe applicant is applying for the exemption for the first time or in cases ofhardship, and ifproper application is made along with a sworn affidavit that failure to apply by the fifteenth day ofFebruary was due to reasons beyond the applicant's control. The Commissioner ofRevenue shall require thatthe applicant, spouse, and any and all relatives living in the dwelling supply proof ofage in the form ofBirth Certificates or Passports or Drivers License; and proofofincome in the form of copies of their W-2s, 1099-DIV, 1099-INT, 1099-MISC, 1099-R, SSA-1099 Social Security Statements, and such other documents as may be required by the Commissioner of Revenue to determine income and total combined net worth. (B.S.M. 12-19-06) C. If the person claiming the exemption is under sixty-five (65) years ofage, the Affidavit filed under this section shall have attached thereto a Certification by the Social Security Administration, the Veterans Administration or the Railroad Retirement Board, or ifsuch person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the Commonwealth ofVirginia, to the effect that such person is permanently and totally disabled. The affidavit of at least one such doctor shall be based upon a physical examination of such person by such doctor. The affidavit ofone such doctor may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability, as defined herein. D. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption or deferral is sought does not continue to be the sole dwelling ofsuch person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. 4. Exemption. a) The exemption shall be as follows: Total Income from All Sources 0-$15,400 15,401 -$16,600 16,601 -$17,800 17,801 -$19,000 19,001 -$20,200 20,201 -$21,400 21,401 -$22,600 22,601 -$23,800 23,801-$25,000 Tax Exemption 100% 90% 80% 70% 60% 50% 40% 30% 20% b) The total annual exemptions shall not exceed four-hundred and fifty ($450.00) dollars. c) The tax exemption herein permitted may be granted for any year following the year of the taxpayer occupying such dwelling and owning title or partial title thereto reaches the age of sixty- five (65) years or is determined to be permanently and totally disabled. d) Ifthe ownership ofthe property for which application for exemption is made is not held solely by the applicant, or jointly with the applicant's wife, then the amount of the tax exemption percentage as provided for herein shall be in proportion to the applicant's ownership interest. 5. Changes-Ownership. income or financial worth. Any change in respect oftotal combined income, net combined financial worth, ownership ofthe dwelling exempted, or other factors, which occur during the taxable year for which the affidavit is filed, and which has the effect of a reduction or termination of any exemption, shall nullify or reduce any exemption for the then current taxable year, and the taxable year immediately following. Prorat~d Bx:ernQtiqn JJQOJ1 ~e::ttll ()~H1lalifyh1g iJ:tdiyidua:l. Notwithstanding Section 6-6(5) herein, a change inownership or a nonqualifying individual, when such change resulted solely from thedeathofthe qualifying individual., or a saleofsuch property shall result in a prorated exemption for the then current taxable year. Such prorated portion shal] be determined by multiplying the amount ofthe exemption by a fraction wherein the number of the complete months ofthe year suchpropef1y was properly eligible for sach exemption is the numerator and the number twelve ( 12) is the denominator. The proceeds oft'be sale which would result in the prorated exemption shall not be included in the computation ofnet worth or income required by Section 6-6(3) herein. 7. Certification to the Treasurer. The Commissioner of Revenue shall certify to the Treasurer of Pittsylvania County, Virginia, annually those persons who qualify under this article for an exemption and the amount thereof. The Treasurer shall deduct the amount of exemption from the applicant's real estate tax for that year. 8 .. Penalty. Any person who knowingly gives false information to support a claim for an exemption under this article, or any person who willfully fails to notify the Commissioner of Revenue or other designated officer ofchanges in conditions which would result in a reduction or termination ofthe exemption, J. Vaden Hunt, Esq. From: Sent: To: Subject: Mrs. Hammock & Mr. Hunt, Ben Farmer Wednesday, November 28, 2018 7:36AM Shirley Hammock; J. Vaden Hunt. Esq. land use reclassify late penalty f(h) I have a constituent in my district who missed the November 2nd deadline to reclassify his property into the land use program. This gentleman was notified by Mrs. Hammock's office prior to the deadline, however he was late on filing his property. Mrs. Hammock and I spoke on the phone yesterday, per our current code, we do not offer a late sign up into this program. Mrs. Hammock and I spoke about the possibility of adding a late sign- up period, however there would be a penalty cost associated with each parcel of land the owner was late on reclassifying. Mrs. Hammock, do you mind researching if the state code has any mention as to what a limit cost would be for this type of penalty? Mr. Hunt, can we add this to the legislative committee agenda to be discussed tomorrow? Thanks, Ben Farmer Callands-Gretna Supervisor Virginia Code § 58.1-3234. Application by property owners for assessment, etc., under ordinance; continuation of assessment, etc. Property owners shall submit an application for taxation on the basis ofa use assessment to the local assessing officer as follows: I. The property owner shall submit an initial application, unless it is a revalidation form, at least 60 days preceding the tax year for which such taxation is sought; 2. Jn any yearin which a general reassessment is beingmade, the property owner may submit such application until 30 days have elapsed after his notice of increase in assessment is mailed in accordance with§ 58. I -3330, or 60 days preceding thetax year, whichever is later; or 3. In any locality which has adopted a fiscal tax year under Chapter 30 (§ 58.1-3000 et seq.}, but continues to assess as of January I, such application shall be submitted for any year at least 60 days preceding the effective date ofthe assessment tor such year. The governing body, by ordinance, may pennit applicatJons to be filed within no more than 60 daysafterthe filing deadlinespecifiedherein, upon thepaymentofalate fllingfee to be established bythegoverning body. In addition, a locality may, by ordinance, permit a further extension ofthe filing deadline specified herein, upon payment of an extension fee to be established by the governing body in an amount not to exceed the late tiling fee, to a date not later than 30 days after notices ofassessments are mailed. An individual who is owner ofan undivided interest in a parcel may apply on behalfofhimselfand the otherowners ofsuch parcel upon submitting an affidavit thatsuch otherow11ers are minorsorcannot be located. An application shall be submitted whenever the use or acreage ofsuch land previously approved changes; however, no application fee may be required when a change in acreage occurs solely as a result of a conveyance necessitated by governmental action orcondemnation ofa portion ofany land previously approved for taxation on the basis ofuse assessment. The governing body ofany locality may, however, require any such property owner to revalidate at least every six years with such locality, on or before the date on which the last installment ofproperty tax prior to the effective date ofthe assessment is due, on forms prepared by the locality, any applications previously approved. Each locality which has adopted an ordinance hereunder may provide for the imposition ofa revalidation fee every sixth year. Such revalidation fee shall not, however, exceed the application tee currently charged by the locality. The governing body may also provide for late filing ofrevalidation fonns on or before the e.ffective date of the assessment, on payment ofa late tiling fee. Forms shall be prepared by the State Tax Commissioner and supplied to the locality tor use ofthe applicru1ts ru1d applications shall be submitted on such fonns. An application tee may be required to accompany all such applications. j I fj In the eventofa material misstatementoffacts in the application or a material change in such facts j prior to the date of assessment, such application for taxation based on use assessment granted j thereunder shall be void and the tax for such year extended on the basis ofvalue detem1ined under l § 58.1-3236 D. Except as provided by local ordinance, no application for assessmentbased on use shall be accepted or approved if, at the time the application is filed, the tax on the land affected is delinquent. Upon the payment of all delinquent taxes, including penalties and interest, the 41 application shall be treated in accordance with the provisions ofthis section. j l i 1 I i ' l J Continuation of valuation, assessment and taxation under an ordinance adopted pursuant to this article shall depend on continuance ofthe real estate in a qualifYing use, continued payment of taxes as referred to in§ 58.1-3235, and compliance with the other requirements ofthis article and the ordinance and not upon continuance in the same owner oftitle to the land. In the event that the locality provides tor a sliding scale under an ordinance, the property owner and the locality shall execute a vvntten agreement which sets forth the period of time that the property shall remain within the classes ofreal estate set forth in § 58.1-3230. The term ofthe written agreementshall be tora period not exceeding20 years, and the instrumentshallberecorded in the office ofthe clerkofthe circuitcourt for the locality in which the subject propertyis located. No locality shall require any applicant who is a lessor ofthe property ora portion ofthe property that is the subject of an application submitted pursuant to this section to provide the lease agreement governing the property for the purpose ofdetermining whether the property is eligible for special assessment and taxation pursuant to this article. Code 1950, § 58-769.8 ; 1971, Ex. Sess., c. 172; 1973, cc. 93, 209; 1974, c. 33; 1976, c. 478; 1977, c.213; 1978,cc.250,644,645; 1979,cc. 180,632; 1980,cc.493,508; 1982,c.624; 1984,cc.92, 675; 1988, c. 695; 1993, c. 102; 1999, c. 1026; 2001, c. 50; 2017, c . 25; 2018, c. 504. PITTSYLVANIA COUNTY CODE SEC. 6-12.1. APPLICATION BY PROPERTY OWNER. A. The owner of any real estate meeting the criteria set forth in §§58.1-3229 through 58.1- 3244, Code ofVirginia, 1950, as amended, may, on or before November one prior to the year for which such taxation is sought, apply to the Commissioner ofthe Revenue for the classification, assessment and taxation of such property for the next succeeding tax year on the basis ofits use, under the procedures set forth in §§ 58.1-3229 through 58.1-3244, Code of Virginia, 1950, as amended. Such application shall be on forms provided by the State Department of Taxation and supplied by the Commissioner of Revenue and shall include such additional schedules, photographs, and drawings as may be required by the Commissioner ofRevenue. An individual who is the owner ofan undivided interest in a parcel may apply on behalfofhimselfand the other owners ofsuch parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall be submitted whenever the use or acreage of such land previously approved changes. (B.S.M. 09/05/89); (B.S.M. 02/16/10); (B.S.M. 02/20/2018) B. A separate application shall be filed for each parcel on the land book. The owner of any property accepted into land use classification as provided for in this Chapter shall annually recertify to the Commissioner ofthe Revenue on forms (County Land Use Form 1 and County Land Use Form 2) provided by the locality mailed to the owner of said real estate with the tax stat.ement for real estate taxes due and payable on December 201h of each year. The annual recertification shall be completed and returned to the Office ofthe Treasurer on or before the date that the December tax payment is due. (B.S.M.02/19/13); (B.S.M. 02/20/2018) C. Pursuant to authority in Virginia Code § 58.1-3234(3), 1950, as amended, the Board of Supervisors hereby provides for the late filing ( 12/20 -12/31) ofland use revalidation forms on or before the effective date ofthe assessment, on payment ofa late filing fee ofone-hundred dollars 100.00) per parcel ofqualifying land. (B.S.M. 09/16/14) SEC. 6-12.2. APPLICATION FEE. Non-refundable application fees in accordance with the following schedule shall accompany all applications: A. A fee of ten dollars ($1 0.00), plus ten cents ($.1 0) per acre or fraction thereof shall be required for each initial application or series of initial applications for contiguous parcels in common ownership. For purposes ofthis section, contiguous parcels shall include all abutting parcels and parcels separated only by a street or road. R Jh.e Board ofSupervisors shall permit land us:e applications to be filed within no more than sixty (60) days after the filing deadline speoified in !ittsylvania County Code§ 6-12.1,upon the paytnent ofa late filing fee ofone-hundred dollars. ($1 OQ.OO) per qualifying parcel.! Farming Definition County's local ordinance for farm equipment exemption is not consistent with state code. Need county ordinance to mirror state code. (copies in folder). Recent taxpayer appeal on a nursery assessment went to Virginia tax department because we have no clear definition ofa farm. (copies in folder) 1. I first sought atax department advisory opinion and was informed unless the County had a nursery defined as a farm, we could in fact make the determination they were a business and subject to business tangible personal property and merchants capital. 2. The taxpayer appealed this decision and the tax department reviewed and determined the business TPP assessment was valid, however since the taxpayer was the "producer" of the product they sold, the plant inventory could not be taxed as merchants capital and we were instructed to make correction to our assessment, which we did. 3. Taxpayer then appealed the decision once again and we attended a meeting in Richmond with the Tax Commissioner and the taxpayer. We received afinal determination that again the tax code ofVirginia (58.1) does not define a farm and unless a locality defined farm to include nurseries, our assessment was valid. To try and bring closure to what is considered to be a "farm", I am requesting the Board to define this term in your local ordinance. I offer no opinion except to remind you-taxation is the rule, exemption is the exception. The more exemptions granted means the tax burden on other groups become greater. Regardless, our local ordinance needs to bring a definition of what is considered to be a farm, leaving no room for accusations ofdiscrimination in our process oftaxation. Our office does not make policy, we assess underthe guidelines of58.1 and local ordinances. When exploring a definition, I ask only that you consider the nurseries you have in your district and while the monetary loss of revenue may be minimum, what other agriculture businesses may be forthcoming for exemption in the future . II,. I i.: .. ·· SEC. 6-2. RECORDATION TAX. Th~ Board of Supervisors ofPittsylvani~ County~ doth impose a county recordation tax In an amount equal to one--third ofthe amount ofthe ~tate recordation tax collectable for the State. 011 the first recordation ofeach taxable instrument; provided, no tax shall be imposed underthis ordinance upon any instrument in which the State recordation tax is fifty ($0.$0) cents-specifically; and further. provided, :thatwhere a' deed or other instrument conveys,.· covers or relates to ·property located partly jn Pittsylvania County' and partly in another county or city, Orin other countJes . and cities, the tax imposedundet the authority ~fthis ordinance shall be computed only with resp~ct to the property located in Pittsylvania County, Virginia. · The Clerk ofthe Circuit Court ofPittsylvania County collectingthe tax imposed underthis ordinance shall pay the same into the Treasury ofPittsylvania County, Virginia. (B.S.M. OS-06-58) There shall be a local probate tax on all wills filed in the clerk's office at a rate ofooe tbird (1/3) of the· State fee per one hut1dred ($100.00) dollars ofvalue. The c.lerk shalrcoHect thetax and remit it to the County Treasurer. (B.S.M. U-19"'02) SEC; 6-2.2. HEIRLIST LEVY. The County shall charge ·a $25.00 fee for the recordation ofa list ofheirs pursuant to §64.1-134 or an affidavit pursuant to §64.1-135, as provided in §58.l-l717J in accordance with §58.1-1718 of the Code ofVirginia, t950, as amended. (B.S.M. s .. t7-10) SEC. 6-3. LOCAL COUNTY SALES TAX. 1. General retail sales tax for theCounty of {>itt§ylvania. Pursuant to Title 58. Chapter 8.1, Section 58~441.49, ofthe Code ofVirginia, a local general retail sales tax at the rate ofone percent to ;provide revenue for the General Fund ofthe County ofPittsylvania, is hereby levied. Said tax shall be added to the · rate of the State sales tax imposed by Chap~er 8.1, Title 58, ofthe. Code ofVirginia. It shall be subje.ct to all the provisions ofChapter 8.1, Title 58. ofthe Code ofVirginia, all the amendments thereof, andthe rules and regulations published with respect thereto. 2. Administration and Collection. Pursuant to Title 58; Chapter 8.1.1 Section 58-441.49, ofthe Code of Virginia, the local general retail sales tax levied by the ordinance shall be administered and collected by the State Tax Commissioner of the Commonwealth of Virginia irt the same manner and subject to the same penalties as provided for the State sates tax; with tile adjustments required by sectionS8-441.50 and 58~441.51. 3. Effective date ofthisordinance. The effective date ofthis ordinance shaH be the first day of May, 1969. The Clerkofthe Board of Supervisors ofPittsylvania . County shall forthwith forward to the State Tax Commissioner ofth.e Commonwealth of Virgini~.t a certified copy ofthis ordinance, so that it will bereceived within five days after its a¢foptiO:n. B.S.M. 02·25-69) . SEC.Jb~;!· LOCAL COUNTY TAl EXE.Ml!TIQ!S · BE IT OiWAlNED BY THE PITTSYLVANlA COUNTY BOARD OF SUPERViSORS PUR~PANT TO SECTIONS 58-441.6 (gl) ANJ} 58*441-49.:3 OF THE CODE · OF VlflOfNIA, t. thanhe Code of Pittsylvania County, Section 6~3 is hereby, amended to include Section 5 .. 3.1 as fol1ows: A. Effective December l,. 1981 and thereafter~ artificial or propane gas,. firewood, coal. {)r heating oil used for domestic.· consumption is hereby exempt • ftom the. one . percent ( 1. ~) local sates and use tax,·pursuant to Sections 58~441.6 (gl) and 58·441-49 .3 ofthe Code of Virginia, as amended. For the purpose ofthis ordinance domestic consumption shall meanthe use ofartificial or propl;).ne gas, firewood, coal, or heating oil by an individual. purchaser for. other than business, commercial, or industrial use as defined by the State Office ofTaxation. This amendment is to take effect DecemberJ, 1981 and .thereafter until changed by a duly authorized ordinance. Adopted by the Board ofSupervisors .this lOth day ofOctober, 1981. This ordinance was amended by the Board of Supervisors on November 19, 2002, July 5, 1971 B. BE IT ORDAINED that the below list of items be exempt from local personal property l) horses, mules, and other kindred animals, 2) cattle 3) sheep and goats 4) hogs 5) poultry 6) all farm machinery and farm implements. The provisions of this ordinance shall apply to the tax years beginning on and after January 1, 1977. C. Household Goods Exempt from Taxation All household goods and personal effects as defined in Code of Virginia,§ 58.1-3504, 1950, as amended. are hereby exempt from tl;).xation, beginning on and after January 1.2014. L Notwithstanding. anY provision of Code ofVirginia, § 58J -3503, 1950, as amended, household goods. and personal effects are hereby defined as separate items of taxation and classified as.follows: A. .Bicycles. B. H{)usehold and kitchen furniture> including gold and silver plates, plated ware, watches and. clocks, sewing . machines, refrigerators, automatic ·• refrigerating machinery of any type, vacuum cleaners and ali other household machinery, books, firearms and weapons ofall kinds. c.. Pianos, organs,. and all oth7rmusical instruments; phonographs •. record. players, and records to be used therewith; and radio and television instruments and equipment, D. Oil paintings, pictUres, statuary. curios, articles ofvirtue and works ofart. E.. Diamonds, cameos or other precious stones and all precious metals used as ornaments orjewelry. F. Sporting and photographic equipment. G. Clothirig and objects ofapparel. H. Antique motor vehicles as defined in Code of Virginia, § 46.2~100, 1950~ as amended, which may not be used · for general transportation purposes. I. All~terrain vehicles, mopeds, and off~road motorcycles as defined in Code of Virginia.§ 46.2-100,1950, as amended. J. Electronic communications and processing devices and .equipment, including but not limited to cell phones and tablet and personal computers, including peripheral equipment such as printers .. K. All other tangible pe~onal property used by an individual or a family or household incident to maintaining an abode. The classification above set forth shall apply only to such property owned and used by an individual or by a family or household primarily incident to maintaining an abode. 2. Notwithstanding any provisionset forth above, household appliances in residential rental property used by an individw:~:l or by a family or household inc;ident to maintaining an abode sha.ll be deemed to be fixtures and shaltbe assessed as part ofthe real · property in which they are located. For purposes of this subsection, ''household appliances" shall lUean aU major appliances customarily used in a residential home and which are the property ofthe owner ofthe realestate, including, without limitation, refrigerators, stoves, ranges, microwave ovens, dishwashers, trash compactors, clothes dryers, garbage disposals and air conditioning units. (B.~~M. 9/16/14) SEC. 6-4. LOCAL_COUNTY USE TAX. Pursuant to Section 58~441:49;1 ofthe Code ofVirginia (Chapter 191, Acts ofAssembly, 1968) there is hereby imposed in the County of:Pittsylvania aJocal countyuse tax atthe rate ofone per cent to .provi.de rev-enue for the gen(;r,al fund <>f.tbe county. The said county . use tax shall b~ added to the rate ofthe State use tax impos~d ·byChapter8.1, Title 58. ofthe .Code ofVirginia, and shall be subje-cted to. aU the provisions ofthat .chapter, and all amendments thereof; and the rules and regulations published with respect thereto. therefore the purpose ofthisresolution isto impose the local use tax authorized by Section 58~44l A9.1 ofthe Code ofVirginia. (B.S~M. 02~25-69) BE lTORDAINED by the Board of Supervisors ofPittsylvania County, Virginia that Section 6-5 ofArticle I,. Chapter 6 ofthe Pittsylvania County Code of1976 is hereby repealed. BE ITFURTHER ORDAlNEDby the Board ofSupervisors ofPittsylvania County, Virginia that the Pittsylvania Cou.nty Code of 1976 is amended by adding in Article l ofChapter 6 a section numbered 6-S ;t as follows·: .· · · ·· 58.1-3505. Classification of farm animals, certain grains, agricultural products, farm machinery, farm implements and equipment; governing body may exempt. A. Farm animals, grains and other feeds used for the nurture offarm animals, agricultural products as defined in§ 3.2-6400, farm machinery and farm implements are hereby defined as separate items of taxation and classified as follows: 1. Horses, mules and other kindred animals. 2. Cattle. 3. Sheep and goats. 4. Hogs. 5. Poultry. 6. Grains and other feeds used for the nurture offarm animals. 7. Grain; tobacco; wine produced by farm wineries as defined in § 4.1-100 and other agricultural products in the hands ofa producer. 8. Farm machinery other than the farm machinery described in subdivision 10, and farm implements, which shall include equipment and machinery used by farm wineries as defined in § 4.1-100 in the production ofwine. 9. Equipment used by farmers or farm cooperatives qualifying under§ 521 ofthe Internal Revenue Code to manufacture industrial ethanol, provided that the materials from which the ethanol is derived consist primarily offarm products. 10. Farm machinery designed solely for the planting, production or harvesting ofa single product or commodity. 11. Privately owned trailers as defined in § 46.2-100 that are primarily used by farmers in their farming operations for the transportation offarm animals or other farm products as enumerated in subdivisions A 1 through A 7 ofthis section. 12. Motor vehicles that are used exclusively for agricultural purposes, for which the ovvner is not required to obtain a registration certificate, license plate, and decal or pay a registration fee pursuant to § 46.2-665, 46.2-666, or 46.2-670. 13. Trucks or tractor trucks as defined in§ 46.2-100. that are exclusively used by farmers in their farming operations for the transportation offarm animals or other farm products as enumerated in subdivisions 1 through 7 or for the transpmi offarm-related machinery. B. Tltttgaveming body ofany ~ounty~ city o:r-t(')WTI may, by ordinance duly adopted,, exempt in whole qr in part frmn taxation. OfJprovide a different rate 9ftax upon, ~11 or any .ofthe abov~ classes offarm animals, grains and feeds used for the nurture offarm animals, faun velliclcs, and farm machinery~ implements or equipment set forth l.f1suhsection A .. C. Grain; tobacco; wine produced by farm wineries as defined in§ 4.1-100; and other agricultural products, as defined in § 3.2-6400, shall be exempt from taxation under this chapter while in the hands ofa producer. Code 1950, § 58-829.1:1; 1976, c. 560; 1979, c. 576; 1980, c. 314; 1984, cc. 150, 675; 1993 , c. 866; 1998,c. 332;2004,c.556;2012,c.272;2018,cc.30,618. Document Number 17-15 Tax Type Machinery Tools Tax BTPP Tax Description A locality may impose both a merchant's capital tax and a business tangible personal property tax on its taxpayers. Topic Collection of Tax Taxability of Persons and Transactions Date Issued 03-10-2017 March 10, 2017 Re : Request for Advisory Opinion Merchants' Capital Tax Business Tangible Personal Property Tax Dear***** This is in response to your letter in which ***** (the "County") requests an advisory opinion regarding the application of the merchants' capital tax and the business tangible personal property (BTPP) tax to nurseries . The merchants' capital tax and the BTPP tax are imposed and administered by local officials. Virginia Code § 58 .1-3983.1 authorizes the Department to issue advisory opinions on local business tax matters . The following opinion has been issued subject to the facts presented to the Department summarized below. Any changes in facts or the introduction of new facts may lead to a different result. The Code of Virginia sections and Attorney General Opinions cited are available on- line at www .tax.virginia.gov in the Laws , Rules & Decisions section of the Department's web site. FACTS The County has requested an advisory opinion to two questions . The questions and the Department's opinions are enumerated below. OPINION 1) Ifa locality exempts farm equipment from the BTPP tax by ordinance, does such an exemption extend to nurseries that grow and offer their products for wholesale and/or retail sale to the public? Article X § 4 or the Constitution of Virginia provides that all real and tangible personal prope rty shall be segregated for local tax in such a manner as the General Assembly provides by law. Virginia Code § 58 .1-3505 A segregates farm animals, grains and other feeds, agricultural products, farm machinery, farm implements and equipment as a separate class of tangible personal property. The governing body of any locality may exempt or partially exempt such property from local taxation by ordinance. Article X, §1 of the Constitution of Virginia provides that "[a]ll taxes shall be levied and collected under general laws and shall be uniform upon the same class of subjects ." Accordingly , the exemption from the BTPP tax under local ordinance for farm equipment must apply to all such equipment in the locality. The question therefore, is whether the activities conducted by nurseries are considered farming for purposes of local taxation. Virginia Code§ 58 .1-3505 does not define farming . Because a localitymay exempt farm equipment by ordinance, it may also define a farm to include nurseries for purposes of the exemption . As such, if a locality defines a nursery in its ordinance as a farm , any such equipment owned by nurseries would also be exempt from local taxation. 2) Can a nursery be assessed for local business taxes such as merchant's capital and/orbusiness personal property? The capital of merchants is segregated for local taxation only. See Va . Code § 58.1- 3509 . Merchants' capital, as defined in Va . Code§ 58.1-3510, includes inventory for sale as merchandise. The Attorney General has opined that inventory is goods and materials kept on hand by a commercial establishment for sale. See 2006 Op. Va . Att'y Gen 06-036. Based on this interpretation, it would seem reasonab le to conclude inventory of a nursery would include the plants and other horticultural products that it offers for sale . A locality may impose either a BPOL tax or a merchants' capital tax on merchants but is prohibited from assessing both. See Va . Code§ 58.1 -3704 . Accordingly , for those businesses that are selling merchandise, a locality may impose either a license tax on the privilege of doing business, or it may impose a merchants ' capital tax on the businesses' inventory. Merchants' capital and tangible personal property are two separate classes of property in Virginia that have been segregated for local taxable only. See 1985-86 Op. Va. Att'y Gen. 289 . Merchants' capital is specifically excluded from the definition of tangible personal property. See Va . Code§ 58.1-3500. Therefore , because merchant's capital and tangible personal property are two separate classes of property, a locality may impose both a merchant's capital tax and a business tangible personal property tax on its taxpayers . If you have any questions regarding this advisory opinion , you may contact***** in the Office of Tax Policy, Appeals and Rulings, at*****. Sincerely, Craig M. Burns Tax Commissioner AR/1078.8 Last Updated 10/02/2017 07:19 Document Number 18-41 Tax Type BTPP Tax Description Merchants' Capital, Exemption, Inventory on Hand, Farm and Farm Machinery Topic · Appeals Date Issued 03-30-2018 March 30, 2018 Re: Appeal of Final Local Determination Taxpayer: ***** Locality: **-* Merchants' Capital Tax Business Tangible Personal Property (BTPP) Tax Dear*****: This final state determination is issued upon the application for correction filed by***** (the Taxpayer"), with the Department ofTaxation. The Taxpayer appeals the assessment of Merchants' Capital Tax and BTPP tax issued by the ***** (the "County'') to the Taxpayer for the 2016 tax year. The Merchants' Capital and BTPP taxes are imposed and administered by local officials. Virginia Code § 58.1-3983.1 D 1 authorizes the Department to issue determinations on taxpayer appeals of certain Merchants' Capital and BTPP tax assessments. On appeal, a tax assessment by a local assessing officer is deemed prima facie correct, i.e., the local assessment will stand unless the taxpayer proves that it is incorrect. The following determination is based on the facts presented to the Department summarized below. The Code of Virginia sections, public document and Attorney General Opinions cited are available on-line at www.tax.virginia.gov in the Laws , Rules and Decisions section ofthe Department's web site. FACTS The Taxpayer grew shrubbery, flowers and other non-food plants (the "plants") at its location in the County. The plants were primarily sold wholesale to garden centers and fundraising organizations located outside Virginia. A small percentage of the plants were sold directly to landscapers and other customers directly on site. Mulch is also offered for sale to the Taxpayer's on-site customers. The Taxpayer used various equipment to grow and harvest the plants. It also owned trucks utilized to ship harvested plants to its customers. Under audit, the County determined that the Taxpayer's plants were inventory subject to the Merchants' Capital tax. It also held that the Taxpayer was subject to the BTPP tax on its equipment. The Taxpayer appealed, contending that it was a farm that was exempt from both the Merchants' Capital tax and the BTPP tax. The County issued a final determination upholding the assessment, concluding that the Taxpayer could not claim the exemption from the BTPP tax because it was a nursery rather than a farm. It also determined that the Taxpayer's plants were inventory subject to the Merchants' Capital tax. The Taxpayer appealed to the Department, contending that its plants were an agricultural product that were exempt from local taxation. It also argues that its equipment was exempt from the BTPP tax because it was a farm. ANALYSIS All tangible personal property, unless declared intangible under the provisions of Virginia Code§ 58.1-1100 et seq., is reserved for local taxation by Article X,§ 4 of the Constitution of Virginia. The capital of merchants and business tangible personal property are segregated for local taxation only. See Virginia Code§§ 58 .1-3509 and 58.1-3500, respectively. Merchants' Capital Merchants' capital, as defined in Virginia Code § 58 .1-3510, includes inventory of stock for sale as merchandise. A locality may impose either a Business, Professional, Occupational License (BPOL) tax or a Merchants' Capital tax on merchants, but it is forbidden from assessing both. See Virginia Code§ 58.1-3704. Accordingly, for those businesses that are selling merchandise, a locality may impose either a license tax on the privilege of doing business, or it may impose a Merchants' Capital tax on the businesses' inventory. The County imposes a Merchants ' Capital tax in lieu of the BPOL tax. The Taxpayer contends that its plants were exempt from the Merchants' Capital tax under Virginia Code§ 58.1-3505 C. The County asserts that the plants are inventory that are subject to the Merchants' Capital tax. In Public Document (P.O.) 17-15 (3/1 0/2017), the Department opined that it is reasonable to conclude that the inventory subject to the Merchants' Capital tax could include the plants and other horticultural products that a business offers for sale as inventory for purposes of the Merchants' Capital tax unless an exemption applies. Virginia Code § 58.1-3505 C provides that "[g]rain; tobacco; wine produced by farm wineries ... and other agricultural products shall be exempt from taxation while in the hands of a producer." [Emphasis added.] Shrubbery, flowers and other horticultural items are agricultural products. Therefore, businesses that grow their plants from seeds , seedlings or clippings would be considered producers and the plants at their location would be exempt from the Merchants' Capital tax. Nurseries and other vendors that sell plants can be subject to the Merchants' Capital tax on such plants that they sell but do not grow. The Taxpayer started with small clippings of plants from its own stock, potted them and provided fertilizer and water. As the plants grew, they were transplanted to larger pots before sale. The activities conducted by the Taxpayer are substantially similar to producers of grain, tobacco and other plant crops. Consequently, the Department would consider the Taxpayer to be engaged in the production of agricultural products within the meaning of Virginia Code § 58.1-3505 C. Business Tangible Personal Property Virginia Code § 58.1-3505 A segregates farm animals, grains and other feeds, agricultural products, farm machinery, farm implements and equipment as a separate class of tangible personal property. Under specific circumstances, the statute further segregates trucks or tractor trucks, other motor vehicles and trailers used for agricultural purposes or for the transporting farm animals, other farm products or for the transport of farm-related machinery. The governing body of any locality may exempt or partially exempt such property from local taxation by ordinance. The exemption, however, only applies to that that equipment used in the growth and/or harvesting of the farm produce. Equipment used after the end of farming cannot be considered farm machinery or farm implements. See 1982-1983 Op. Atty. Gen. Va. 536. Under the statute, machinery used by farms for the planting and harvest of agricultural products, as well as vehicles used in farm operations and for the transport of farm products are separately segregated. Generally, equipment used after the planting and harvesting by farms are not considered farm equipment under Virginia Code § 58.1-3505 A. For example, equipment used to plant and harvest grapes at a winery are segregated as farm machinery and are exempt under local ordinance, but the tanks used for fermentation are not exempt. See 1982-1983 Op. Atty . Gen . Va. 536. The County's local ordinance exempts all farm machinery and farm implements from the BTPP tax. The Taxpayer contends that its equipment is exempt from the BTPP tax because it is a farm. The County asserts that the Taxpayer is subject to the BTPP tax because it is a nursery, not a farm. Virginia Code§ 58.1-3505 does not define farming. In addition, the Title 58.1 does not define the terms "farm machinery" and "farm implement" for local tax purposes. The Taxpayer contends that various sections of the Code of Virginia including Virginia Code 3.2-300, 46.2-100, 46 .2-698 C, 58.1-609 and 58.1-3703 either define its activities as farming or exempt its equipment as farm equipment. A review of these sections indicates their application is limited to the title or, chapter or the Code of Virginia in which they are located. Chapter 35 of the Code of Virginia addresses the taxation of tangible personal property, machinery and tools and merchants' capital. None of the statutes cited by the Taxpayer is located in Chapter 35 of the Code of Virginia. Definitions in other sections of Virginia law can be instructive with regard to local property taxation. However, they are not binding unless specified cited in Virginia's property tax statutes or local ordinances. While the Code does not define "farm" or "farming", the Attorney General has issued several pertinent opinions. The terms "farm machinery" and "farm implement" have been held to connote usage by a farmer in farming activities. See 1991 Op. Atty. Gen. Va. 293. In 1987-1988 Op. Atty . Gen Va. 545, the Attorney General opined that the tools of a greenhouse and landscaping business could not be defined as farm machinery based solely on the fact that the real property owned by the same business is defined as horticultural under the Code . The Attorney General has also opined that the determination as to whether animals such as ostriches, giraffes , camels and monkeys fall with the categories listed in Virginia Code § 58.1-3505 is a factual matter to be decided by the local commissioner of the revenue . See 1995 Op. Atty. Gen. Va. 264. Based on the above opinions, the Attorney General declined to define the undefined terms in Virginia Code § 58.1-3505 and concluded that such determinations were to be made by the localities. In P.O. 17-15, the Department determined that a locality may or may not define a farm to include nurseries for purposes of the exemption when the term "farm" is not defined in its local ordinance. In such situations, it is a locality's decision whether to classify a business as a farm for purposes of the BTPP tax exemption. In this case , the County classified the Taxpayer as a nursery rather than a farm and disallowed the exemption for farm machinery . DETERMINATION Because the Taxpayer produced its plants from small clippings and nurtured them until they were a salable plant, the Department finds that the Taxpayer was a producer of agricultural products. Consequently, the Taxpayer's plants located at its place of business were agricultural products exempt from the Merchants' Capital tax. The County, however, was within its discretion to classify the Taxpayer's business as a nursery and not allow the exemption for farm machinery and farm implements. The case will be remanded to the County in order for the assessment for the 2016 tax year to be adjusted in accordance with this determination. If you have any questions regarding this determination, you may contact ***** in the Office of Tax Policy, Appeals and Rulings, at*****. Sincerely, Craig M. Burns Tax Commissioner AR/1512.8 Last Updated 04/18/2018 13:58 I. ..... l · COMMONWEALTH of VIRGINIA Department .ofTaxation . Decembet26, 2018 Dear Mr. and Ms~ Moss: This finalatate <let,emrrnalttor pur:~u~1m to the requestfor . . reconsideration ·nt$d · "TaXpayer"). 'The Taxpayer . see •k$ . . . 18~1 .. (3130'/2018), the Departmenfs . determin.ation . . .. . r:.n;lliitm~ss· Tangible Pers.onaiProperty Tax (13TPP) . tax a$$essmentissued to .tne •T .. ·EUQ:,ay~ar .· the (tf1& "'County") for tne 2016 tax year. ··· · · · The B'fpt;) tax is ifr!posedand.~dtninistered by.focal. officials.. Vfrqinia Code · . S8.1--3~~3.tautborizesJh~ Department .to is~ue cdetermination~. on taxp~yer appeals ofBusiness Tangible PersonaJ Prol)erty Tax assessments. Qn appeal. the Bu~iness . Tangible Personal ·Property Tax·atsessrnent Is deemed prima facie correct, ·le .. , the f9(?al E\$Se.ssment Wilt stand unle.ss thetaxpayer. proves .it is incorrect. . The folfowing determ-ination Is based on the facts presented to theDepartment summariz~d below .. Th~ Code of VIrginia .sections; regulation, ~nd pubfic documents cited ' are av~lable QO .. Iine in the ' t..aws. Rules and t>ecisior1s section ofthe Department's web site, located atWVIW.tax.virginfa.fJcQV. · FACTS Xne ···Departme.ntdet~eJiinined. in P.o.. 18-41.· that the .cg.un'ty . was withinits discretion to olas:sify the TaX,payers business as a ' nursery andrtotallow tile exemption from. ~he ·· l Save Time• Go Onlin~· ... ~sitwww.tax.virginia.gov @ c. '• BTPPtaxJorfarm .lllachine,y and farl'fl implements .. Inres.ponse, the taxpayer has submitted .a request for redetermination . in whioh it olaimsto provlde new •information OC)ncerning Hs~~peat • The TaXp~yer a~k~fthe -Qep~rtment .to ·rule. that itis ·a farm or, in the aJtemative,. l'Uie that the CountY alode .candelerrriine whether or not it is a farm. ANALYSIS Definition ofFarm Th~ Taxpayer argueS: that the Code ofVif1Jinia defines. its.operations asa farm C\n{.j ,disagrees Witll the Department's deQision to .rule otherwise~ .The Taxpayer notes tnat Vif1Jihia 'Code §·53.1·1 H13 includes Within the business .off;;lrmJng the "pr9pagaUng, g;rowlng,sefling and glaoting. as at\intidentto . th~ sale. of eversreens~ shade trees, sbrub.s and an ~l)ernurcseryprodutts1 e>mamentar anQ ot~Je~Wise~ grown bythe sell~r.• Tb~ Taxpa'yerbetieves this st•ute supports it positio~JJhafit is a· farm fo.r BTPP 'tax purposes. ·· Alf:tangible ~r$pnal prop~rty, unf~ssdeolared intangible under ·the .· provisio,ns of Virgln/8 Code• ~ 5~.1·11QQ et.$eq./is also te~·rve<f for IQ.OaUaxationby Article X, § 4of the ConstitUfie>nofVir~~ni~ •• · ... Vit'!Jinla Cad~ 558.1·1103 e>cempts. professi(Jns ·.and b .. •.us •...... in. ·e ..... ·s···.·se .. ···.s .. ·.•.·•·.·.·• .. ·.".·.·.·o·.·.• .. ·.'. u •.. ···.d .•. ·· i.n ... •9 .... · ··.fh···.· .... e ....... "th··.···. e.· .. ·b .. · •. u.·•-·.s •. ·;·····.n .. ~.ss .... o.·.· .. ·.f· ... J·W·· .• ·~.:J.o .. · .. ·.g··.··· ... ·." .... ·.~ ..•.. ·~.ro. rn .... ·.: •. ·.P .... ·.r·.·.···o···.v·.· .. ·.isi .. on·· .. s· .. ·.·.g····· .o" ...•.... e··. m.· .. ·.·.•.• .• ~.-.n.· g· .... ·.·~--~.ngiblepersonalpropertyse~regated for state taxaUoo -. • Wilde this statute 1nol~des actr,ifres . r~suftinginnu~ryprPdl.lets., itspeoiflQ(;llly se~ fortf1 $Utbprope~ as . subje~;to stat~~ 9ovem!rag . too.arpro~tty taxation .. Nol~4¥i ·lttfi~ .. ~!~te \imlts ·aro~lity from defin1n9 a farm m accordance with i~s own ordinances underYitrgfAia Code ·§ 58.1-3505. lnP.D.18.-41, the ~partm~nt aokO.Q\VIedged·tf'tat\(irginia law does, In fact, addressfaardng.in .. ~.num~fofseCtic;>ns,·lnoludinsj ·Virginia CfJde §§ 3 ~2-300~4().2-1001 46.2~98.c, 58~1.609and 58.1~3703. The CPfJrts, however. have set·wfes .of statutory constructi()n t() resol¥e conflicts in. taws. ·rh.ese . r:ulea · dictate that >a. specific faw controls ovef:;ihe g~nerat.. See Ga$ M~tt ()orp. v. ~d. Qt Spf?~(Vi$ors off..fJIJd{)un Cr;iJntyt 269 Va. 33~;.611 · S*'E.2d. 340 (200$) •..• Wtthlrr the context ofthe Department's ruling •. Which was a,pplicabfe to Jo~lfproperty taxation ,· the De~rtmentfound thalthe specific law. if1J.l!Jil;1 Ctx/e § 68.1-3505,. is ihe controlling authQrityJo this oa.se •. This statute does not define: "farm:" for PQfPOS~S of locat.prop~rty taxatibn. . .. Amended Statute ·' ' : .. · .. ' Vlt'!Jinifl·.•~.§ 58 .. 1-3505Asegtega+e$.farmaoin:a.als. grains an(fo~erfeeds, agricultural prQducts,·faJffl machinetj, fatmimplements aqd ~quipme~t as a separate' dass ·of tangible . personaf .property~ ·Under specifi~ circumstances,· the statute further gregates ttiJcks ·ortract<lr .tru,cks, other motor v(;)hictes and trailers used for agricultural i ~·..,< ' ;:. .-: Page3 purposes orfor the transporting farm animals. qllerfarm products orfor the tran$port of farm"felat,ed machinery~ · ~ lo~Jity rlia:y exemptor partially exemptsuch property from fo~ttax~tionbvordinanC((t • .Under Viif}lnt~ Code§. 58; 1--3505 C,· agriayltural products in the 'hands .ofthe producer are.:exemptfrom the BTPP tax . VtiVin,'ic;l cooe § 58.1-350'5 . originairy. did not de.fine "agricultural products." Qll~pter ·61.8· (~~na~1iJrl314} aJ19 Cf1apter 30 (House Bill1022) ofthe ?01.$3 AQtsot .. Assem/.)lfa.mended .-\1/rginia Code§ 58~1-3505 A and C to define agricuttural .products as those .prc:Jd9cts .in Virginia COde § 3.243400 •. As such, agricultural products are •any fivest()Ck• aqt~a~Jtur~J -pouftry••· hortiooJturaf, floricuJtu~·l, viticulture, silviculturaJ,· or other farm crops~·· ' · TheTaxpayer00ntends Uiat because 'it§ nursery products ~re exemptfro.m the . s,-p.~. tax•. atadthe .. C<Junty ()rdinance e~~.mp~s farm macbinery .and farm implements, then ,equ;pment.U$ed in ... the.pr9Cfttotion of·~nese produels' are also exempt •.. The County asserts ttiat .~.e ef~ctive ·(l~te of the amendmentdefininsj agricultural products did not b$QOf1le effectiVe Ut1lil after the tax year at: issue. In addition,·. it argues thatfarm ma<;hin~ry ancf'fatro; i~prem~.n~s m,~y nott)e; ~tdculturalproducts,. aqd the statute as amend~dde>e$ not chang~ tbe · Depadrt:lem•s determination in P .D. 1841. The Virginia .supreme Court bas held tbat a statute is always .oonstrued as o.pemtinfl ~ro~pedivel~.-unless a oon(fllfY intentis uru:nistakabJe. see Ad,ms v.AI/iant T:i:i;Chsfl.em.s,Jnq. aa1 : Va.;594, 544.S;f:.2d 3S4{?W1J~ .. ··fZuftherffiOf~.pursuantto .· .. · lrginla Qeide § 1·238• when th~ term "reenacted"' ls U$ed in the title or enactment ofa bUf, th~ dlanges are effectjye prospeotiV•fY unless .the bill expressly provides for a retro~~ive or -s~ed:dat~. : Senate Bitt . 314went into effect on July ·1, 2018. ·. Th<e asse~srn¢nt ot:BTPP tax was .. issuecl:~y tn~ 0C)un(Yforthe.2016 tax year,· prior to the · amend~'d s~c.rte .taking effect. 1~ •term "reenacted" is in the 'title ofSenate Sill314. .. f'lothing in the lansuag~ of thebill shows · that the General Assembly . had ~ny intent of retr9a¢ti~t;t ~ppUcatit>ll· Af. .• such •. Virgini;/iCod@ § 58;1~3505 ·as amended in 2018 was notin effe<?t ·for the · 201~ tax year. · ·. ln .ShetarMotorco. v.Mlll~r, 261 Vf1..473,.479; 544 s.E.2d 345, 348 (2001), the Virginia Supreme:C.ourt stat~d1 "It iswen ~.settJed .thatwhen the tanguage ofa statute is plain .ana· unam.l\>igu(lus, )tVe .are . bouQd bythe plain meaning oftf)at laf"!,guage." In addition/by .reaSf.lrl oftheircharacter as legl$lativeJJrants, st~Wt~ relating to . . exemptions allowed against a tax liabiUty mu~t be ·strictly constru~d against the t~xpayer nd .in.fay:~r ofthe tt:)~:ing authority. s~ ()K&fRich:IJtc>nctAssociates, .. LP •• v. City of Riahm.qtJd,,N9Va;~4D1)··401,· 4:57 $ .. Ei2d 7(), 30 .(1995). I I . I Virgin,ia: Code § .3r2~0(l defin.es agri~ultural products. A product is sqmething that is· di~~rjliuterlcQmmercraUi .for use':or C<:J~sumpti6n • and that is usually: (1) .tangib(e personal property; {2) the fesurtof fabticatic>n or processing; and (~) an itern that has passed through a oh~in ofcommet~cial distribttti<?ttbefo(e ultimate consumptiQfl·· .See Bla.ck's Law Dictlqn~(Jt12,46(£;igh~ EditJorr20Q4) •. As such, .in a~rdance W;ith ibtpfainmeaning •. a prod,~ctis the item p(~U.C~*Knof the machinery and equ.fpinent Used :to produ~ .the item. ln.-this c;asel tbe Taxpayers · agrioofturalprOduet would he the · $hrubbe,Y and flowers,.· not the maChine'¥ and i!l'plemty}fS used tp produce the shrubbery. As such, even ifthe amendmel)tsto ·Virgin.ia· Qoo$§6tJ. t-3505.-lf{ere .ineffeetJorthe .2016Jax year. farm machinery ~nd farm impleO"'ents. would f'\ot n:e an agdooftural product. Local Authom The Taxp~yerafs~ proposes thatif th~. Department . is unable .to ·determine that the Taxpayer is afarmt ttl~ Department al$o lack$ th~ authority to determine that itis within the County's powerto .imp()Se ~ on~ equipmet'lt used bythe Taxpayer • tnP ... o. ~7~·15 (3/10120.17}. the,Depanment qe.terminedthat a locarrt.y maY ormay notdefine atam1 to·inelude nurseoes for pug3oses of the exemptionJn Virginia • Oode 58.·1-3505 A. Wf:lich segreg:ates farm animaJs1 grains and other feeds ••. agricultural produqts,fa~ !l'aohinery, ~im .implements andequipmentasa $eparate class of tan,gible pel'$ona.l property for lopat taxation. ··~use .t~tpro~rty taxation· statutt)S .do not defrne "farm· or -mrmrn$(, a lo~iity has the discretion Whetherto ctassify abusiness ' as .. a • farm for purp·os~s Qfthe BlfP tax.. exemptJon. B:y stating that the County.was allowed t(.) iropose .talt ·On .theJaXJ>ay~r's property,. the Department was._mer:~ly stating wnat fs ~rreadyJ>ermitted by s~tute. and •is consistent .witbopinioRS rendered by the Attorne¥-GeneFt:tt : see 1987~1-sss Qp. 'A1fv: Genva .. 545, 1991 Op. Atty. Gen. va. 293, and 1995 -0p:. Atty~ Gen: Va; 264. · · · · DETEftMINATJON have thoroughly reviewed ~nd considered all the facts and l~al t:trguments a~sc>ctated With ~he r~~yers request.fqr recnnsic:leration .. For the reasons set forth abov~. t fit1d nQ ba;sis to . ove.ttum the Depiutt~nerif~deterinination ih. P,;D •. 1.8~ t .. While I reoognia;e• the TaXp~yer's oonfinuit'l~ disagteernent wfth·.the· County's a~sessment, P .D. 1~-41 and .this ratter constitute the Department's final detertnjnation with .regard to the 2016 tax ~e.r. ··•• \t'V"fthin lh~ time permitted by statute, the Taxpayer may file anappeal with -th~. a~propriateci~uit .court forrevi~pursu&nt to Virginia C~e .§§ 5SA;.3983.1 G an~ ~ft1'"~9(34. The ta,w provide$;tl:iat"n~itherthe, TaxCommissioner north~ peparonentshafl be made a partyto anapplication to correct ~n assessment merely because:tf1EfTaxCPmri1issionerha$ruled onitl( ·see Vilf}inia ·cadf;).§ 58.1-3983~1 G. If you .n.ay"e any questions r;egarding .·tbis detennination,.you . m~y contact Noel M. Sabel intbe Office .ofTax PoUay,iAflp(\;t·a~s; ancJRutings, at .(804) 371..6597. Sincerely. c: .. I '. ARI~674.B 1/24/2019 § 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicantto pay delinquent taxes; penalties 1/24/2019 Code ofVirginia Title 15.2. Counties, Cities and Towns Chapter 22. Planning, Subdivision ofLand and Zoning 15.2-2286. Pern1itted provisions in zoning ordinances; amend1nents; applicant to pay delinquent taxes; penalties. A. A zoning ordinance may include, among other things, reasonable regulations and provisions as to any or all ofthe following matters: 1. For variances or special exceptions, as defined in§ 15.2-2201, to the general regulations in any district. 2. For the temporary application ofthe ordinance to any propetty coming into the tenitorial jurisdiction ofthe governing body by annexation or otherwise, subsequent to the adoption ofthe zoning ordinance, and pending the orderly amendment ofthe ordinance. 3. For the granting of special exceptions under suitable regulations and safeguards; notwithstanding any other provisions ofthis article, the governing body ofany locality may reserve unto itselfthe right to issue such special exceptions. Conditions imposed in connection with residential special use permits, wherein the applicant proposes aiiordable housing, shall be consistent with the objective ofproviding affordable housing. When imposing conditions on residential projects speci(ying materials and methods ofconstruction or specific design features, the approving body shall consider the impact ofthe conditions upon the affordability ofhousing. The governing body or the board ofzoning appeals ofthe City ofNorfolk may impose a condition upon any special exception relating to retail alcoholic beverage control licensees which provides that such special exception will automatically expire upon a change ofownership ofthe property, a change in possession, a change in the operation or management ofa facility or upon the passage ofa specific period oftime. The governing body ofthe City ofRichmond may impose a condition upon any special use permit issued after July 1, 2000, relating to retail alcoholic beverage licensees which provides that such special use pennit shall be subject to an automatic review by the governing body upon a change in possession, a change in the owner ofthe business, or a transfer ofmajority control ofthe business entity. Upon review by the governing body, it may either amend or revoke the special use permit after notice and a public hearing as required by§ 15.2-2206. 4. For the administration and enforcement ofthe ordinance including the appointment or designation ofa zoning administrator who may also hold another office in the locality. The zoning administrator shall have all necessary authority on behalfofthe governing body to administer and enforce the zoning ordinance. His authority shall include i) ordering in writing the remedying ofany condition found in violation ofthe ordinance; (ii) insw·ing compliance with the ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to § 15.2-2311; and (iii) in specific cases, making findings offact and, with concurrence of the attorney for the governing body, conclusions oflaw regarding determinations ofrights accruing under§ 15.2-2307 or subsection C of§ 15 .2-2311. Whenever the zoning administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation ofa zoning ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of§ 15.2-2209, and the zoning administrator, after a good faith efiort to obtain the data or information necessary to determine whether a violation has occuned, has been unable to obtain such information, he may request that the attorney for the locality petition the judge ofthe general district court for his jurisdiction for a subpoena duces tecum against any such person refusing to produce such data or information. The judge ofthe court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it. https ://law.lis. virginia .gov/vacode/15.2-2286/ 1/4 1/24/2019 § 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties Notwithstanding the provisions of§ 15.2-2311, a zoning ordinance may prescribe an appeal period ofless than 30 days, but not less than 10 days, for a notice ofviolation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations ofa residential dwelling unit, or similar short-term, recurring violations. Wnere provided by ordinance, the zoning administrator may be authorized to grant a modification from any provision contained in the zoning ordinance \Vith respect to physical requirements on a lot orparcel ofland, including but not limited to size, height, location or featmes ofor related to any building, structure, or improvements, ifthe administrator finds in writing that: (i) the strict application ofthe ordinance would produce undue hardship; (ii) such hardship is not shared generally by otherproperties in the same zoning district and the same vicinity; and (iii) the authorization ofthe modification will not be ofsubstantial detriment to adjacent property and the character ofthe zoning district will not be changed by the granting ofthe modification. Prior to the granting ofa modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice ofthe request for modification, and an opportunity to respond to the request within 21 days ofthe date ofthe notice. The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph. The decision ofthe zoning administrator shall constitute a decision within the purview of§ 15 .2-2311, and may be appealed to the board ofzoning appeals as provided by that section. Decisions ofthe board ofzoning appeals may be appealed to the circuit court as provided by§ 15.2-2314. The zoning administrator shall respond within 90 days ofa request for a decision or determination on zoning matters within the scope ofhis authority unless the requester has agreed to a longer period. 5. For the imposition ofpenalties upon conviction ofany violation ofthe zoning ordinance. Any such violation shall be a misdemeanor punishable by a fine ofnot more than $1,000. Ifthe violation is uncorrected at the time ofthe conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense p1.mishable by a fine ofnot more than $1 ,000; any such failure during a succeeding 10-day period shall constitute a separate misdemeanor offense punishable by a fine ofnot more than $1 ,500; and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor ofiense for each 10-day period punishable by a fine ofnot more than $2,000. However, any conviction resulting fl"om a violation ofprovisions regulating the number ofunrelated persons in single- family residential dwellings shall be punishable by a fine ofup to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine ofup to $5,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor om~nse for each 10 -day period punishable by a fine ofup to $7,500. However, no such fine shall accrue against an owner or managing agent ofa single-family residential dwelling unit during the pendency ofany legal action commenced by such owner or managing agent ofsuch dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 ofTitle 55, as applicable. A conviction resulting from a violation ofprovisions regulating the number ofunrelated persons in single- family residential dwellings shall not be punishable by a jail tenn. 6. For the collection offees to cover the cost ofmaking inspections, issuing permits, advertising ofnotices and other expenses incident to the administration ofa zoning ordinance or to the filing or processing ofany appeal or amendment thereto. ~ 0orthe amendment ofthe regulations or district maps from time to time, or for their repeal. Whenever the public ~ necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications ofproperty. Any such amendment may be initiated (i) by resolution ofthe governing body; (ii) by motion ofthe local platming commission; or (iii) by petition ofthe owner, contract purchaser with the owner's written consent, or the owner's agent therefor, ofthe property which is the subject ofthe proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body; however, the ordinance may provide for the consideration ofproposed amendments only at specified intervals oftime, and may further provide that substantially the same petition will not be reconsidered within a specific period, not exceeding one year. Any such https://law.lis.virginia .gov/vacode/15.2-2286/ 2/4 1/24/2019 § 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties resolution or motion by such governing body or commission proposing the rezoning shall state the above public purposes therefor. In any county having adopted such zoning ordinance, all motions, resolutions or petitions for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed 12 months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution orpetition for amendment to the zoning ordinance or map, or both. In the event ofand upon such withdrawal, processing ofthe motion, resolution or petition shall cease without further action as othe1wise would be required by this subdivision. 8 . For the submission and approval ofa plan ofdevelopment ptior to the issuance ofbuilding permits to assure compliance with regulations contained in such zoning ordinance. 9. For areas and districts designated for mixed use developments or platmed unit developments as defined in§ 15.2- 2201. 10. For the administration ofincentive zoning as defined in § 15.2-220l. 11 . For provisions allowing the locality to enter into a voluntary agreement with a landowner that would result in the downzoning ofthe landowner's undeveloped or underdeveloped property in exchange tor a tax credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning classification. The locality may establish reasonable guidelines for determining the amount ofexcess real estate tax collected and the method and duration for applying the tax credit. For purposes ofthis section, "downzoning" means a zoning action by a locality that results in a reduction in a formerly permitted land use intensity or density. 12 . Provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development that meet generally accepted national standards for such assessments, such as those developed by the American Society for Testing and Matetials, and Phase II environmental site assessments, that also meet accepted national standards, such as, but not limited to, those developed by the American Society for Testing and Materials, ifthe locality deems such to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with regulations ofthe United States Environmental Protection Agency and the American Society for Testing and Materials. A reasonable fee may be charged tor the review of such environmental assessments. Such fees shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and administrative expense involved in such review. 13. Provisions for requiring disclosure and remediation ofcontamination and other adverse environmental conditions ofthe property prior to approval ofsubdivision and development plans. 14. For the enforcement ofprovisions ofthe zoning ordinance that regulate the number ofpersons permitted to occupy a single-family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws. 15. For the issuance of inspection warrants by a magistrate or com1 ofcompetent jurisdiction. The zoning administrator or his agent may make an affidavit under oath before a magistrate or court ofcompetent jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose ofdetennining whether violations ofthe zoning ordinance exist. After issuing a warrant under this section, the magistrate orjudge shall flle the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the zoning administrator or his agents shall return the warrant to the clerk ofthe circuit court ofthe city or county wherein the inspection was made. The zoning administrator or his agent shall make a reasonable etlort to obtain consent from the owner or tenant ofthe subject dwelling prior to seeking the issuance of an inspection warrant under this section. B. Prior to the initiation ofan application by the owner ofthe subject property, the owner's agent, or any entity in which the owner holds an m.-vnership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body may require the applicant to produce satisfactory evidence that any delinquentreal estate taxes, nuisance charges, stormwater management utility fees, and https://law.lis.virginia.gov/vacode/15.2-2286/ (!) 3/4 1/24/2019 § 15 .2-2286 . Permitted provisions in zoning ordinances; amendments ; applicant to pay delinquent taxes ; penalties . any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid , unless other.wise authorized by the treasurer. Code 1950, § 15 -968.5 ; 1962, c. 407 , § 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc . 543, 595; 1973, c. 286 ; 1974, c. 547; 1975,cc. 99,575 ,57~582,641; 1976 ,cc .71,409,470,683; 1977,c. 177; 1978,c . 543; 1979 ,c. 182; 1982 ,c. 44; 1983,c. 392; 1984 ,c. 238; 1987 ,c. 8; 1988 ,cc .481, 856; 1989,cc. 359, 384; 1990, cc. 672 , 868; 1992,c. 380; 1993,c. 672; 1994,c. 802; 1995,cc . 351,475, 584,603; 1996,c.451; 1997,cc. 529,543, 587; 1998 ,c. 385; 1999,c. 792 ;2000,cc. 764, 817; 200l,c.240 ;2002 ,cc.547 , 703;2005,cc.625,677;2006,cc. 304,514,533 ,903;2007,cc. 821,937 ;2008,cc .297 ,317,343,581 ,593,720, 777 ;2009,c .721 ;2012,cc . 304,31 8; 2014 ,c.354;2017 ,c. 398; 2018 , c. 726 . https ://law.lis.virginia .gov/vacode/15.2-2286/ 4/4 From: Karen N. Hayes <Karen.Hayes@pittgov.org> Sent: Monday, December 17,2018 2:47PM To: J. Vaden Hunt, Esq . <vaden.hunt@pittgov.org> Cc: Greg Sides <Greg.Sides@pittgov.org> Subject: Hylton zoning complaint response Vaden, I met with Board member Ron Scearce and Marvin Hylton regarding the R-1, Residential Suburban Subdivision District zoning ofhis property. The GPIN is 1377-17-6414. Mr. Hylton had old paperwork showing the property as A-1. However, this paperwork was from the Commissioner's Office not the zoning office. Back around 2010 when the Commissioner and Zoning records were tied together by a new system all properties were check for inconsistencies and changed at that time to be consistent with the official zoning maps located in our office. I have a log and it includes ones that were changed at that time. Mr. Hylton 's was changed on the computer records to match the official zoning maps. I explained to him that according to the zoning ordinance and state law it is illegal for me to change the official zoning map without a public hearing. It also states I cannot waive the rezoning fees. Mr. Scearce wanted to check with you to see ifhe, as a Board of Supervisor, could do anything. Karen N . Hayes Deputy Director Community Development o,J>. · .. · ... ·~. \~ &·~·.··.· .. r, .. '' Business Savvy .... Reopk;l .r;,rief\dly. PliTTSYLVANIA Tel. (434) 432-77521 Fax. (434) 432-7919 53 North Main Street P.O . Drawer D Chatham, VA 24531 Karen .Hayes@pittgov .org www.pittsylvaniacountyva.gov J. Vaden Hunt. Esq. From: Sent: To: Cc: Subject: Karen N. Hayes Wednesday, January 23, 2019 9:08AM Greg Sides J. Vaden Hunt, Esq. parcel changes Hey Greg, I did some checking out of 49,878 parcels at that time, 4,545 changes were made when zoning was converted to GIS Karen N. Hayes Deputy Director Community Development ob ~ F;~ Bus;lnessSowy .. People FrJendty. PITTSYLVA NIA Tel. (434) 432-77521 Fax. (434) 432-7919 53 North Main Street P.O . Drawer D Chatham, VA 24531 Karen.Hayes@pittgov.org www.pittsylvaniacountvv a .gov Any e-mail or other correspondence sent to a member of the Board of Supervisors , or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e -mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432 -7700, and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. e) Animal Public Nuisance A. Animal public nuisance is created when any dog, cat, canine crossbreed, or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights ofcitizens, other than their owners, to the enjoyment oflife or property. Such acts ofpublic nuisance by any dog, cat, or other domestic animal shall include, but are not limited to, the following: 1) Attacking or disturbing other animals, persons, or vehicles by chasing, barking, or biting; 2) Trespassing upon another's property in such a manner as to damage property; 3) Attacking domestic, companion, or exotic animals so as to cause injury or death, unless the animal is trespassing upon the property on which the animal is kept; 4) Habitually running at large in a restricted area (meaning three (3) or more convictions for running at large within two (2) years); 5) Molesting or intimidating pedestrians or passersby; 6) Creating noxious or offensive odors; 7) Creating an unsanitary condition or insect breeding site due to an accumulation of excreta or filth; 8) Defecating without permission ofthe property owner upon any public place or upon premises not owned or controlled by the owner, unless promptly removed by the animal's owner; or 9) Being found at large on any school property; or 1 0) Making excessive noises including, but not limited to, barking, whining, howling, caterwauling, or crying. B. Any person owning or having possession or control ofan animal suspected of being a public nuisance shall be proceeded against by warrant or summoned before the General District Court of the County to show cause why the animal should not be confined, euthanized, removed, or the public nuisance otherwise abated. C. The Animal Control Officer, owner, or custodian shall confine the animal until the Court has made a final decision in the case. If the Animal Control Officer deems confinement necessary, then the owner or custodian shall be responsible for the impound fees. D. Upon proof that such animal does constitute a public nuisance, the animal shall, by General District Court Order, be confined, euthanized, removed, or the public nuisance shall be otherwise abated, as the Court shall Order. No person shall fail to comply with such an Order. E. Violation ofSubsections A(3), A( 4) or A(5) ofthis Section is a Class 1Misdemeanor. Violation ofany other provision ofthis Section is a Class 3 Misdemeanor. F. This Section shall not apply to livestock; any person while engaged in law enforcement or search and rescue activity; a supervised formal obedience training class or show; during formally sanctioned field trials; lawful hunting activity with a dog or dogs during open season; or during bonafide hunting or field trial dog training. G Enforcement. No person shall be charged with a violation of§ __ A, unless the complainant appears before a Magistrate and requests a Summons or Warrant be issued charging the violation; except that, when a violation is committed in the presence of an Animal Control Officer, said Officer may issue a Summons and take other action as set forth in this Section. 1/24/2019 § 15.2-1200. General powers ofcounties 1/24/2019 Code ofVirginia Title 15.2. Counties, Cities and Towns Chapter 12. General Powers and Procedures ofCounties 15.2-1200. General powers ofcounties. Any county may adopt such measures as it deems expedient to secure and promote the health, safety and general welfare ofits inhabitants which are not inconsistent with the general laws ofthe Commonwealth. Such power shall include, but shall not be limited to, the adoption ofquarantine regulations affecting both persons and animals, the adoption ofnecessary regulations to prevent the spread ofcontagious diseases among persons or animals and the adoption ofregulations f(>r the prevention ofthe pollution ofwater which is dangerous to the health or lives ofpersons residing in the county. Code 1950, § 15-8; 1954, c. 529; 1956 , cc. 218, 664; 1956, Ex. Sess., c. 40; 1958 , c. 279; 1960 , c. 606; 1962 , c. 623, § 15.1-510; 1997, c. 587 . https ://law.lis. virginia .gov/vacode/15 .2-1200/ 1/1 Evaluation Factors for Removal of Dilapidated/Dangerous Structures S(f) Structure Identification ------------------------------------------ Ownership Owner has been contacted, action~ pending _________________________________ ~ Ownerhasnot~kenactionafterpropernotice _________________________________ _ Ownercannot be reached --------------------------------------------------------------------------- Location (Maximum Points) = 15 Structure is located on a Primary Road 10 Structure is located on a Secondary Road 5 Structureis located in a platted subdivision 5 Visibility (Maximum Points)= 15 Structure is visible from neighboring_llfoperties 5 Structure is visible from a public roadway 10 Land Use (Zoning) (Maximum Points) = 25 Property is zoned for residential use 25 Property is zoned for Commercial/Industrial use 15 Property is zoned for Agriculture use 10 Community Impact (Maximum Points)= 25 Structure is unsightly 5 Structure presents a public access danger 5 Structure is unstable and unsafe 5 Structure creates a pest/vermin danger 5 Multiplecomplaints received 5 Cost Factors (Maximum Points) = 20 Estimated lien value exceeds estimated removal cost 20 Estimated lien value is less than estimated removal cost 10 TOTAL SCORE=