The Historic Landmarks Commission shall have power and authority to regulate properties in the Historic Overlay District according to the following provisions:
(a) No buildings, site or structure shall be moved or demolished until after an application for a certificate of appropriateness has been submitted to and approved by the Historic Landmarks Commission, except as otherwise provided by in these Codified Ordinances or as provided by rules, regulations, policies, procedures and standards adopted and published by the Historic Landmarks Commission.
(b) The style, material, size and location of outdoor advertising signs shall be under the control of the Historic Landmarks Commission. No sign may be change, altered or installed on any private building, site or structure until after and application for a certificate of appropriateness has been submitted to and approved by the Historic Landmarks Commission.
(c) The Historic Landmarks Commission may request such plans, elevations, specifications, drawings, photographs and other information as may be reasonably deemed necessary to enable it to make a determination on the application for a certificate of appropriateness.
(d) The Historic Landmarks Commission shall hold a public hearing upon each application for a certificate of appropriateness. Notice of time and place of the hearing shall be given in a newspaper of general circulation in the City at least fourteen (14) days before the hearing, and by posting such notice on or near the main entrance of any hall or room where the Historic Landmarks Commission usually meets. The Historic Landmarks Commission shall take such action as required to inform the owners of any property likely to be affected by the application and shall give the applicant and such owners the opportunity to be heard.
(e) The Historic Landmarks Commission shall approve or reject an application for a certificate of appropriateness within forty-five (45) days after filing thereof by the owner or occupant of a historic property or a building, site or structure located within the Historic Overlay District. Evidence of approval shall be by a certificate of appropriateness.
(f) In passing upon the appropriateness of proposed action, the Historic Landmarks Commission shall consider, in addition to other pertinent factors, the historical and architectural integrity and significance; architectural style design arrangement, texture and materials of the architectural features; and the relationship and general compatibility thereof to the historic value and exterior architectural style and pertinent features of other structures in the surrounding area.
(g) The Historic Landmarks Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed action would be appropriate. If the action is rejected, the Commission shall place upon its record and shall transmit a record of such action and the reasons therefor, in writing, to the applicant. In such written record, the Commission may make recommendations relative to design, arrangement, texture, material and similar features. The applicant may make modifications to the plans and may resubmit the application at any time after doing so.
(h) In cases where the application covers a material change in the appearance of a structure that would require the issuance of a building permit, the rejection of an application for a certificate of appropriateness by the Historic Landmarks Commission shall be binding upon the building inspector or other administrative office charged with issuing building permits.
(i) If the City Council authorizes and such action is reasonably necessary or appropriate for the preservation of a unique historic property, the Historic Landmarks Commission may enter into negotiations with the owner for acquisition by gift, purchase, exchange or otherwise of the property or any interest therein.
(j) If strict application of any provision of this article would result in exceptional practical difficulty upon any owner of any specific property, the Historic Landmarks Commission shall have the power to vary or modify strict adherence to the provisions or to interpret the meaning of the provision so as to relieve such difficulty. Provided, that such variance, modification, or interpretation shall remain in harmony with the general purpose and intent of the provisions so that architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variations, the Historic Landmarks Commission may impose such reasonable and additional stipulations and conditions as well as in its judgment to best fulfill the purpose of this article.
(k) The Historic Landmarks Commission shall keep a record of all applications for certificates of appropriateness and of all its proceedings.
(l) Any person adversely affected by a determination made by the Historic Landmarks Commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the Mayor and Council of the City of Charles Town who may reverse or affirm the decision of the Historic Landmarks Commission by a majority vote. If any person is adversely affected by the decision by the Mayor and Council relative to the issuance or denial of a certificate of appropriateness, he may appeal such decision to the Circuit Court of Jefferson County. Nothing herein shall be construed to preclude a person subject to this ordinance as defined herein from exercising any and all rights and pursuing any and all remedies, provided for under federal, state and/or local law, including, but not limited to the Circuit Court of Jefferson County.
(m) Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property not prohibited by other laws, ordinances or regulations.
(n) Undertaking permitted, funded, licensed or otherwise assisted by the state shall be reviewed in accordance with Subsection (e), Section Five (§29-1-S(e)), Article One, Chapter Twenty-Nine of the State Code and shall be considered exempt from review for certificate of appropriateness as described in this section.
(Ord. 2017-001. Passed 4-18-17.)