[Adopted 12-27-2018 by Ord. No. 18-13]
1.
The Central Business District is the most publicly visible area in
this community. The condition of this district has significant economic
and social impact on the community.
2.
When the owner of a vacant property in the Central Business District
fails to actively maintain its condition and appearance, and does
not strive to keep the property occupied with legally permitted uses,
the building can become a major cause of blight to this community.
Vacant buildings discourage economic development and negatively impact
appreciation of property values.
3.
It is the responsibility of property ownership to prevent their property
from becoming a burden to this community and to the public health,
safety, or welfare.
4.
One vacant property that is not well maintained and managed can be
the core and cause of spreading blight.
The requirements of this part shall be applicable to every property
in the "B" Zoning District in the Borough of Sharpsburg, and to each
owner of any property in the "B" Zoning District that has a vacant
"ground floor" space, as defined by this part.
As used in this part the following words and phrases shall have
the meanings indicated unless the context clearly indicates a different
meaning:
A room typically used for storage and mechanical equipment
that is located in the basement of a building and is not used for
commercial or residential purposes.
Any floor of a building with direct access to grade, that
is located less than one story above, or less than one story below
grade, provided that no portion of a floor that constitutes a cellar
(as defined in this article) shall constitute a ground floor.
Improved real estate including buildings or structures.
A building or structure space shall be deemed to be vacant
if no person or persons currently conduct a lawfully licensed use
in said space.
1.
During each calendar year, the municipality will identify ground
floor spaces in the "B" Zoning District that are deemed vacant as
defined by this ordinance.
2.
The vacancy "start date" shall be the date of mailing of a written
notification by the municipality that the subject property's ground
floor space has been identified as vacant. On the 45th day after the
start date, should said ground floor space remain vacant as defined
in this part, the owner of the building in which said vacant space
is present shall be required to pay a vacant property monitoring fee,
to be established by resolution of the municipal government.
3.
There shall be no proration of the monitoring fee.
4.
The monitoring fee shall not be imposed on vacant properties, as
defined in this part, that are the subject of an active building permit
for repair or rehabilitation, and the owner is progressing diligently
to complete said repair or rehabilitation.
1.
The monitoring fee, as required herein, shall be waived in full by the municipality if, by the 45th day after written notification as described in § 4-404 herein, all of the following conditions are present:
A.
The street-level exterior building components in which said groundfloor
vacancy is identified are clean (including glass inside and out).
A minimum of 70% window transparency must be maintained.
B.
The property is not in violation of any provision of the Sharpsburg
Borough's property maintenance code (specifically, all applicable
International Property Maintenance Code provisions, or any other municipal
ordinance).
C.
A professionally produced legal sign is prominently displayed promoting
the vacant space for sale and/or for lease, providing (at least) a
contact phone number for information and showings. Said sign must
be in compliance with applicable sign ordinance(s), and at minimum
its font size must be reasonably readable from the adjacent roadway.
Handwritten signs are not permitted relative to this requirement.
D.
All local real estate taxes are paid in full.
2.
The monitoring fee waiver may be revoked by the municipality if any
of the above required conditions are not in place continuously until
the vacant condition no longer exists.
1.
If any section, subsection, sentence, or clause of this part is held,
for any reason, to be invalid, such decision or decisions shall not
affect the validity of the remaining portions of this part.
2.
The Borough of Sharpsburg Council may establish by resolution, adopted
from time to time, a revised/adjusted fee when deemed necessary.
