City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 7-16-1991 by Ord. No. 1991-9. Amendments noted where applicable.]
GENERAL REFERENCES
General authority of redevelopment projects — See Ch. 42.
Building construction — See Ch. 64.
Land management — See Ch. 140.

§ 43-1 Definitions.

In this chapter, the following words have the meanings indicated:
PROJECT AREA
Downtown Redevelopment Area I, as established by § 43-2 of this chapter.
REDEVELOPMENT PLAN
The Redevelopment Plan for Downtown Redevelopment Area I, as approved and adopted by § 43-3 of this chapter.

§ 43-2 Project area.

A. 
Establishment of area. A redevelopment project area for the City of Hagerstown, to be known as the "Downtown Redevelopment Area I," is hereby established.
B. 
Description of area. The geographic confines of Downtown Redevelopment Area I are as shown and described on the Project Area Map identified as "Drawing No. 82-054-01," dated March 1991. A copy of this Project Area Map shall be kept on file in the office of the City Clerk as a permanent public record, available for public inspection and information.

§ 43-3 Redevelopment Plan.

[Amended 9-29-1992 by Ord. No. 1992-43[1] ; 6-11-1996 by Ord. No. 1996-16]
The Redevelopment Plan identified as "Redevelopment Plan for Downtown Redevelopment Area I," dated July 8, 1991, with amendments dated August 11, 1992, and June 7, 1996, is hereby approved and adopted. A copy of the Redevelopment Plan, as amended, shall be kept on file in the office of the City Clerk as a permanent public record, available for public inspection and information.
[1]
Editor's Note: This ordinance also provided that all work necessary to comply with any new requirements or applications imposed by this ordinance shall be completed promptly and, in any event, within 60 days from the issuance of a repair order by the Building Inspector, unless that 60-day period is extended by the Building Inspector, for good cause shown, in accordance with Section I of the Redevelopment Plan for Downtown Redevelopment Area I, and that if the amendments approved and adopted by this ordinance do not meet the requirements of Chapter 42 of the City Code as to the content of a redevelopment plan or as to the procedures for the preparation, approval, and adoption of amendments to a redevelopment plan, those requirements are hereby waived and the amendments approved and adopted by this ordinance are hereby exempted from those requirements.

§ 43-4 Land use and zoning.

Land uses and zoning in the project area shall be as provided in Section D of the Redevelopment Plan.

§ 43-5 Acquisition of property; relocation.

A. 
Acquisition authorized. The City may acquire, by purchase or condemnation, for demolition, clearance, rehabilitation or redevelopment purposes or for use as public facilities, the fee simple interest or any lesser interest in and to the following properties within the project area, together with all right, title, interest and estate that the owners of those interests may have in all streets, alleys, ways or lanes, public or private, contained within or abutting the project area:
[Amended 6-11-1996 by Ord. No. 1996-16]
(1) 
Any property specifically designated for acquisition on Exhibit B (Property Acquisition Map, dated June 7, 1996, City of Hagerstown Drawing No. 82-054-03) of the Redevelopment Plan.
(2) 
Any one or more other properties that, as provided in Section E2 of the Redevelopment Plan, the City Administrator considers to be necessary and proper to effect full implementation of the Redevelopment Plan.
B. 
Relocation. The relocation of individuals, families, business concerns and others who might be displaced as a result of the acquisition of property under this section shall be undertaken as provided in Section E3 of the Redevelopment Plan.

§ 43-6 City action upon property acquisition.

Upon its acquisition of any property under § 43-5 of this chapter, the City may undertake any of the actions described in Section F of the Redevelopment Plan.

§ 43-7 Obligations of redeveloper.

The regulations, controls and restrictions specified in Section G of the Redevelopment Plan shall be imposed upon the sale, lease or other conveyance to a redeveloper of any property acquired by the City under § 43-5 of this chapter.

§ 43-8 Property rehabilitation standards.

A. 
In general, the rehabilitation standards set forth in Exhibit C (Property Rehabilitation Standards for Downtown Redevelopment Area I, dated July 8, 1991, with amendments dated August 11, 1992) shall apply to all properties within the project area.
[Amended 9-29-1992 by Ord. No. 1992-4[1]]
[1]
Editor's Note: This ordinance also provided that all work necessary to comply with any new requirements or applications imposed by this ordinance shall be completed promptly and, in any event, within 60 days from the issuance of a repair order by the Building Inspector, unless that 60-day period is extended by the Building Inspector, for good cause shown, in accordance with Section I of the Redevelopment Plan for Downtown Redevelopment Area I and that the amendments approved and adopted by this ordinance do not meet the requirements of Chapter 42 of the City Code as to the content of a redevelopment plan or as to the procedures for the preparation, approval, and adoption of amendments to a redevelopment plan, those requirements are hereby waived and the amendments approved and adopted by this ordinance are hereby exempted from those requirements.
B. 
Compliance required. The owners of all properties within the project area, whether those properties are occupied or vacant, shall comply with these property rehabilitation standards within the periods, in the manner and subject to the reviews and approvals required by Section I of the Redevelopment Plan.

§ 43-9 Review and approval of development plans.

A. 
Designs and plans. Designs and plans for all exterior rehabilitation, renovation or change of any kind for all new construction and for all demolition in the project area, whether the proposed work is required by the Redevelopment Plan or is being undertaken voluntarily or otherwise, shall be submitted to the Building Inspector for review and required approvals as provided in Section I of the Redevelopment Plan.
B. 
Required approvals. All approvals required by Section I of the Redevelopment Plan and all building or other permits or approvals otherwise required by law shall be obtained before proceeding with the proposed work. These approvals and permits may be issued only if the Building Inspector determines that the proposed work is consistent with the objectives and requirements of the Redevelopment Plan and, in addition, the Preservation Design District Commission approves all proposed work subject to its approval under Article III of Chapter 68 of this Code.

§ 43-10 Board of Technical Appeals.

A. 
Appeals to Board. Any person aggrieved by a decision, order or other action of the Building Inspector under the Redevelopment Plan may request a hearing before the Board of Technical Appeals as provided in Section I9 of the Redevelopment Plan.
B. 
Waivers from Board. The Board may waive compliance with one or more of the requirements of the Redevelopment Plan, in accordance with and under the conditions specified in Section I9 of the Redevelopment Plan.

§ 43-11 Violations and penalties.

Any person who violates any provision of Section I of the Redevelopment Plan or who violates any provision of the Property Rehabilitation Standards established by the Redevelopment Plan or who violates any order of or condition or restriction imposed by the Building Inspector or the Board of Technical Appeals under the Redevelopment Plan shall be guilty of a municipal infraction and subject to a fine of $100 for each initial violation and $200 for each day thereafter that the violation continues.