(a) General Powers. To the extent authorized by West Virginia Code Article 8-26A, as amended, the Commission shall act as a regulatory agency with respect to the construction, renovation, alteration or restoration of structures designated as historical landmarks, by the Federal, State or local government. Rules and regulations, including action under subsection (b)(5) and (6) hereof shall have the same effect as ordinances passed by Council until altered, repealed, revoked or amended by Council.
The Commission shall be independent of the City Planning Commission: provided that
no rule or regulation of the Commission shall conflict with any plan of such Planning Commission. Prior to any favorable recommendation to Council by the Planning Commission with respect to construction, renovation, alteration, or restoration of structures designated by proper authorities as historical buildings, such Planning Commission shall obtain from the Commission its certificate of approval with respect to the proposed project.
(b) Special Powers. The Commission shall have plenary power and authority to:
(1) Make a survey of, and designate as historic landmarks, buildings, structures, and districts which constitute the principal historical and architectural sites which are of local, regional, statewide or national significance in accordance West Virginia Code§ 8-26A-6, as amended;
(2) Prepare a register of buildings, structures, sites and districts which meet the requirements of subsection (a) of this section, publish lists of such properties and, with the consent of the property owners, inspect such properties from time to time and publish a register thereof from time to time setting forth appropriate information concerning the registered buildings, structures, sites, and districts;
(3) Review applications for certificates of appropriateness and grant or deny the same in accordance with West Virginia Code § 8-26A-7, as amended;
(4) With the consent of the property owners, mark with appropriately designed markers, buildings, structures, and sites which it has registered;
(5) Establish standards for the care and management of designated historic landmarks and withdraw such certification for failure to maintain the standards so prescribed;
(6) Acquire by purchase, gift, or lease and administer registered landmarks and easements and interests therein, both real and personal;
(7) Lease or sell property so acquired under terms and conditions designed to ensure the proper preservation of the historic landmark in question;
(8) Aid and encourage the Council and Harrison County to adopt ordinances and resolutions for the preservation of landmarks and historic districts, their buildings, structures, and character;
(9) Prepare and place historical markers on or along the highway or street closest to the location which is intended to be identified by such marker;
(10) Seek the advice and assistance of individuals, groups and departments and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible;
(11) Seek and accept gifts, bequests, endowments and funds from any and all sources for the accomplishment of the functions of the Commission;
(12) Adopt rules and regulations concerning the operation of the commission, the functions and responsibilities of its officers, employees, assistants and other personnel and such other matters as may be necessary to carry out the purposes of the Commission; and
(13) Adopt such other rules and regulations as may be deemed necessary to effectuate the Commission's purposes, but no such rules and regulations shall be inconsistent with any plan of the planning commission of the City of Clarksburg or Harrison County: Provided, that in no case shall such rules and regulations take precedence over other ordinances adopted by Council.
(Ord. 20-35. Passed 11-19-20.)