Title
Ordinance - Third and Final Reading of an Ordinance Amending Title XV of the Mansfield Code of Ordinances, “Land Usage” to provide regulations for Vacant Buildings and Properties (OA#20-003)
Requested Action
To consider the proposed amendment of Title XV of the Code of Ordinances.
Recommendation
This amendment is a recommendation of the Mansfield Downtown Development Strategies Report adopted by City Council on July 27, 2020. Staff recommends that enforcement of this ordinance begins January 1, 2021.
Description/History
The purpose of this amendment is to regulate commercial and industrial vacant structures properties, which includes church properties located in non-residential zoning districts and shopping centers that are over fifty (50) percent vacant. Properties not included in this regulation include the following uses: Single or multi-family structures, churches and ancillary buildings (unless they are in a non-residential zoning district), and partially vacant shopping centers (unless those centers are over 50% vacant).
Features of this ordinance include:
• Registration of vacant properties
• Contact information
• Proof of liability insurance of no less than $100,000
• Minimal marketing requirements include listing property and the appropriate sale or leasing signage
• Criminal trespass signage
• Submission of floor plan for first responders
• Notice of change of ownership; and
• Must adhere to standards of care and maintenance for property including securing the structure.
There should be a proposed registration fee which staff is seeking advice from the Council regarding this amount. Other cities charge anywhere from $25.00 - $750 annually or on a per square footage basis. Fee waivers to this ordinance are allowed based on an adherence to the standards of care contained within the ordinance. Waivers are good for only a 12-month period with the property owner applying for the waiver each year. Fee waiver exemptions will be evaluated based on four criteria:
• Property has been devastated by a catastrophe such as fire or flood
• The property owner is deceased or is no longer legally competent.
• The owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy.
• The owner of the property has maintained the property to the standard of care required under this article, as well as all other applicable ordinances and laws.
Changes for 2nd Reading
Council recommended a $50 registration fee for the first year and $250 for the following year and beyond at their meeting on October 12, 2020. This will apply to TIRZ No. 2, generally located downtown.
Justification
N/A
Prepared By
Lisa Sudbury, Assistant Director of Planning
817-276-4227