What properties need to be licensed?

The Code of the City of Hagerstown, Chapter 232, states that any commercial structure located in the C3 Zoning districts of the City of Hagerstown is subject to being licensed, per the following criteria: 

1. Any commercial structure in a C3 Zoning District that contains one or more vacant street level spaces that have not been occupied for a commercial purpose for a continuous six (6) month period is deemed to be a vacant commercial structure and must be licensed.
2. Any commercial structures in a C3 Zoning District that do not contain street level vacancies, but in which at least 50% of the upper level spaces have been vacant for a continuous six (6) month period must also be licensed.

Are there any licensing fees?

If the street level space is occupied and there is only vacant upper level space, the fee is waived but registration is still required.

There is a fee for commercial properties with vacant street level space, unless the property meets the following standard:

1. All vacant street level store front space is compliant with the City of Hagerstown Property Maintenance Code and is habitable for authorized use without additional work, and

2. All vacant street level store front space is currently and continually being marketed via a commercial real estate company or equivalent (more than a “for rent” sign on the premises), verifiable with a letter from the agent marketing the space, and

3. All vacant street level store front space remains compliant with the Property Maintenance Code, including being clean and sanitary (windows included).

If a property with vacant street level space meets this above noted standard, the fee is waived but registration is required. Management reserves the right to direct deviation from or make edits to this policy in whole or part at any time.

The following schedule, based on length of time commercial street level space is deemed continuously vacant, is used to determine the fee for those properties. Please note that we are using February 1, 2008 as the “start” date for determining the length of time a commercial structure is vacant, unless the vacancy started after that date.

Period of Time Structure (or portion) is Continuously Vacant (after February 1, 2008)           Annual License Fee

6 months to 2 years                                                                                                             $250.00
Over 2 years to 4 years                                                                                                        $500.00
Over 4 years                                                                                                                        $1000.00

How long is the license valid?

One year. We will send you a license renewal form each year before the anniversary date, as long as you own the structure and it remains vacant. Please contact the office if you sell the property or it is no longer vacant.

Are any vacant commercial structures exempt from being licensed?

Yes. For the calculation of the continuous six (6) month period required to satisfy the definition of a Vacant Commercial Structure, the following periods of time shall not be included:

1. The one (1) year period immediately following the issuance of a use and occupancy permit for new construction.
 
2. Any time period during which active work is being legally performed pursuant to a valid permit issued by the City.

What is included in the inspection?

Interior inspections are limited to the vacant portion(s) of the structure to assure compliance with all applicable property maintenance, fire, and other City codes for unoccupied structures. Inspectors will be examining the general interior, attic & basement, plumbing, mechanical systems, and fire protection, with a focus on ensuring the structure is safe and sound and will not present a danger to any responding emergency personnel. The building exterior is checked to ensure that doors and windows of a vacant structure are securely closed to prevent unauthorized entry and that the owner maintains the structure enough to ensure there is minimal negative economic effect on the neighborhood. A full checklist of all items included in an inspection is available from Code Administration.

How often are inspections conducted?

The exterior and interior of the vacant commercial structure will be inspected in accordance with the following schedule:

Period of Time Structure (or portion) is Continuously Vacant (after February 1, 2008) Number of annual inspections

6 months to 2 years                                                                                                         1
Over 2 years to 4 years                                                                                                    2
Over 4 years                                                                                                                    4