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(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action under subsection (b)(5) and (6) hereof shall have the same effect as ordinances passed by Council until altered, repealed, revoked or amended by Council.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.)
Whenever the Commission, with the consent of the property owner, certifies property as being a registered landmark, it may seek and obtain from such property owner an agreement as to such restrictions upon the use of the property as the Commission finds are reasonable and are calculated to perpetuate and preserve the features which led it to designate such property as a historic landmark. All such agreements between the Commission and the property owner shall be in writing and when duly signed and acknowledged, shall be recorded in the Office Of The Clerk of the County Commission Of Harrison County and when so recorded shall constitute notification to the Assessor of Harrison County of the restrictions therein set forth.
(Ord. 20-35. Passed 11-19-20.)
When the Commission establishes an historic district, it shall notify the Assessor of Harrison County of the fact of such establishment and the boundaries of the district, together with the restrictions which are applicable to the properties located in such district.
(Ord. 20-35. Passed 11-19-20.)
The Commission shall cooperate and coordinate its activities with the State Historical Society and the State Department of Culture and History, with the view of developing a unified program for the identification, study, preservation and protection of all historic buildings, structures and sites in this State.
(Ord. 20-35. Passed 11-19-20.)
(a) Prior to the designation of an historic district, the Commission shall give reasonable notice and hold a public hearing on the matter.
(b) For any public hearings held by the Commission, if the meeting place does not conform to American Disability Act standards, then the public notice shall allow for requests for accommodation.
(Ord. 20-35. Passed 11-19-20.)