(a) The Commission shall have plenary power and authority, within the jurisdictional limits of the Municipality and within the limits of available funds, to:
(1) Make a survey of, and recommend to the City Council an historic designation for landmarks, buildings, structures, districts and sites which constitute the principal historical and architectural properties which are of local, regional, statewide or national significance. No building, structure or site shall be deemed to be an historic one unless it has been prominently identified with, or represents, some major aspect of the cultural, political, economic, military or social history of the locality, region, State or nation, or has a major relationship with the life of an historic personage or event representing some major aspect of, or ideals related to, the history of the locality, region, State or nation. In the case of buildings or structures which are to be so designated because of their architectural significance, they shall embody the principal or unique features of an architectural type or demonstrate the style of a period of our history or method of construction, or serve as an illustration of the work of a master builder, designer or architect whose genius influenced the period in which he or she worked or has significance in current times. In the case of an area which is to be designated as an Historic District, the district shall be a geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. When an Historic District has been established, the Commission shall notify the County Assessor and provide the boundaries of the district together with the regulations which are applicable to the properties located in the district so that the County Assessor may take such factors into consideration in assessing the properties.
(2) Prepare a register of landmarks, buildings, structures and sites which meet the requirements of subdivision (1) 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 and sites;
(3) With the consent of the property owner, certify and mark with appropriately designed markers, landmarks, buildings, structures and sites which it has registered;
(4) Establish standards for the care and management of certified landmarks and buildings in designated historic districts and withdraw such certification for failure to maintain the standards so prescribed. The Commission may use its guidelines and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
(5) Acquire by purchase, gift, or lease and administer registered landmarks and easements and interests therein, both real and personal;
(6) Lease or sell property so acquired under te1ms and conditions designed to insure the property preservation of the landmark in question;
(7) 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;
(8) Seek the advice and assistance of individuals, groups, and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible; answer questions for owners of historic property based on the experience of members of the Commission;
(9) Seek and accept gifts, bequests, endowments and funds from any and all sources for the accomplishment of the functions of the Commission;
(10) Prevent and protect the Lewisburg Historic District from:
A. Any new site element or landscape feature having adverse or negative impact on the setting or streetscape of the Historic District.
B. Changes in the Historic District which do not reinforce the characteristics of the individual elements, sites, structures, streets, or whole districts.
C. Any negative or adverse impact on the exterior appearance of the site, structure, adjacent and surrounding buildings.
(11) 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 article within compliance with the laws of the City of Lewisburg and the State of West Virginia.
(12) Adopt such other rules and regulations as may be necessary to effectuate the purposes of this article including the adoption of guidelines for changes to landmarks and all buildings in designated historic districts, but no such rules and regulations shall be inconsistent with any plan of the Planning Commission of the Municipality. If there is a conflict between the requirements of the zoning district and the requirements for landmarks and for all buildings in the Historic District, the zoning district requirements apply. The Commission may adopt and use the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Any guidelines for changes to landmarks and all property in the Historic District shall be submitted to the City Council for its approval.
(13) Conduct educational programs including the preparation of publications in order to inform the public about Lewisburg's historic landmarks and Historic Districts and about ways to preserve these properties. Programs and publications shall be developed with the help of interested preservationists.
(14) Attend informational and educational programs covering the duties of the Commission and current developments in historic preservation; and
(15) Develop for consideration by the City government incentives for owners to maintain and rehabilitate their historic property. These incentives may include loans at no interest to make possible alterations that are appropriate for the building or structure. The Commission may work with private groups who are interested in providing incentives for owners.
The City staff shall help the Commission in carrying out the provisions of this Article including the giving of notice of and the preparing for meetings, the giving of notice to property owners and the public, and the circulating of information about the Commission's decisions.
(b) It shall be the duty of the Historic Landmark Commission to review any application to construct, alter, move, demolish or repair any individual landmark and any landmark, building, structure or site, or any sign thereon, within the Historic District and to approve or reject such application, if any such changes are visible or intended to be visible from an adjacent public way. The Commission may request plans, plats, maps, elevations, specifications of materials, colors and construction techniques, drawings, photographs and other information as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application. The Commission shall hold a public hearing upon each application for a certificate of appropriateness. Notice of the time and place of the hearing shall be given by publication, in a newspaper having general circulation in the City, at least seven days before the hearing and by posting the notice on or near the main entrance of the hall or room where the Commission usually meets. The Commission shall take such action as required to inform the owners and tenants of any adjacent property likely to be affected by the application and shall give the applicant and such owners and tenants an opportunity to be heard. The applicant shall give notice to adjacent property owners as directed by the Commission. Persons may give testimony at the hearing on the application, and persons may submit their views in writing prior to the public hearing.
(1) In reviewing an application and plan, the Commission shall give consideration to:
A. The historical and architectural value or significance of the landmark, building, structure, or site and its relation to the historic value of the surrounding area.
B. The relationship of the exterior architectural features of a designated structure to the rest of the structure and to the surrounding area.
C. The general compatibility of exterior design, arrangement, texture, color and materials proposed.
D. Signs shall be further regulated as provided in the Zoning Ordinance, except that all signs must be compatible with the exterior of existing buildings in the Historic District.
E. Any new site element or landscape feature having impact on the setting or streetscape of the Historic District.
F. The general compatibility with adjacent and surrounding structures and to the street where the structure or element is placed.
(2) The Commission shall pass only on exterior features of a structure and shall not consider interior arrangements; nor shall it disapprove applications except in regard to the considerations set forth above. Exterior features shall include such portion of the exterior of a building or structure as is open to view from a public street, way or place. Architectural features subject to review shall include the architectural character and general composition of the exterior of a building or structure, including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site.
(3) If the strict application of any provision of this article would result in exceptional practical difficulty or undue economic hardship upon any owner of any specific property, the Commission, in passing upon applications, 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 or hardship: 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 Commission may impose such reasonable and additional stipulations and conditions as will in its judgment best fulfill the purpose of this article.
(4) In the case of an application for repairs or alterations affecting the exterior appearance of a structure which the Commission deems of value to the City that the loss thereof will be a great loss to the City, State or nation, the Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.
(5) The review and approvals by the Commission shall extend to all the properties in the Historic District in order to maintain the character of the Historic District. It is not the intent of this article to limit new construction, alteration or repairs to any one period of architectural style. In reviewing plans for new construction, the Commission shall be aware that it is important for the new building or structure to make a contribution to maintaining or strengthening the character of the Historic District. The Commission shall also be aware of importance of appropriate and compatible design for new construction that fills a vacant lot on a block in the Historic District.
(6) In their applications, the applicants shall present material about alternatives to the plans they present, and this material shall include cost figures obtained for the application. This material shall be submitted in order to help the Commission in its evaluation of the plans of the applicant.
(7) Property owners and tenants are encouraged to have an early consultation with the Commission during Commission meetings. Owners and tenants are encouraged to discuss the outlines of their project before they start preparing their plans and purchasing materials. At its meeting, the Commission will discuss with owners and tenants their plans and make suggestions about their plans that will be prepared and submitted to the Commission. This preliminary discussion is not a substitute for the review required under the provisions of this article. Concerning signs for commercial property, the Commission shall regularly remind owners and tenants of the value of an early consultation so that their application will provide for a sign that is appropriate for the Historic District.
(8) Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a designated historic property, which maintenance or repair does not involve a material change in design, material or outer appearance thereof, nor shall this article prevent any property owner from making any use of his property not prohibited by other laws, ordinances or regulations.
(c) (1) The Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed action will be appropriate. Unless the Commission is satisfied that proposed construction, alteration or repair will not materially impair the historical or architectural value or significance of a landmark, or a building, structure or site, situate within the Historic District, the Commission shall reject the application and deny the issuance of a certificate of appropriateness. If the applicant wants to make a change in the approval given, the applicant must return to the Commission and submit the proposed change for approval under the Commission's procedures. The Commission shall adopt procedures to make certain that applicants confirm that they understand what has been approved by the Commission.
(2) If an applicant asks for relief because of economic hardship involving the proposed alteration, repair or new construction, the applicant shall submit an affidavit providing information about the property, its annual expenses and the cost of the proposed work. The applicant shall also submit an affidavit from the person who will do the proposed work providing information on the cost of the work and the cost of recent similar work that has been completed. The applicant may ask that financial information given to the Commission be kept private. The Commission shall study the question of economic hardship for the applicant, and it may ask the applicant for additional material including information on alternatives to the proposed plans. The Commission shall determine whether the property can be put to reasonable beneficial use without the approval of the application. If economic hardship is not proved, the Commission shall turn down the request for relief and shall deny the application. If the Commission finds economic hardship, it shall approve the application.
(3) In the case of an application to demolish a building or structure, the applicant shall provide information about the present use of the property, its annual expenses, its present condition, the cost of any repairs that are needed and any offers to sell or to buy the property. The applicant shall present this information through an affidavit and shall also submit an affidavit about the cost of repairs and the condition of the building or structure from a person who has rehabilitated three or more buildings. The applicant may ask that financial information given to the Commission be kept private. The applicant shall also provide information on the plans for the property if permission is granted to demolish the building. These plans shall include financial information and a timetable for completion of the work. If the Commission finds that these plans are not feasible and that the lot on which the designated property is located will become a vacant lot, the Commission may reject the demolition application.
(4) The Commission may approve an application to demolish a building or structure in an Historic District if it finds that the building or structure does not contribute to the Historic District. On all other demolition applications, the Commission shall reach a decision based on the other criteria of this section. The Commission shall endeavor to work out with the applicant an economically feasible plan for the preservation of the building or structure.
(5) If the applicant asks for relief because of economic hardship involving the proposed demolition, the Commission shall study the question of economic hardship for the applicant, and it may ask the applicant for additional material including information on alternative uses for the building or structure. The Commission shall determine whether the property can be put to reasonable beneficial use without the approval of the application. If economic hardship is not proved, the Commission shall turn down the request for relief and shall deny the application. If the Commission finds economic hardship, it shall approve the application. The regulations on proposed demolitions shall apply to a property owner's request to demolish part of a designated building or structure.
(6) All work performed pursuant to a certificate of appropriateness shall conform to the provisions of such certificate. After the approval has been given, the Commission may assign one of its members to work with and help the applicant. While the work is under way, the Commission, helped by the City staff, shall stay informed about the work being performed in order to ensure compliance with the certificate. The purpose of this provision is to avoid the cost to the applicant of redoing work. If work is being performed that is not in compliance with such certificate, the City shall take the necessary action to obtain compliance. At its regular meetings the Commission may schedule a report on the status of the approvals it has given, including the work under way.
(7) When the approved work has been completed, the applicant shall notify the City, and the Commission shall ask the zoning officer to inspect the property in order to determine that the work complies with the approval given by the Commission. Where there has not been compliance, the Commission and the City shall take further action as needed. Failure to comply with the approval given by the Commission shall constitute a violation of this article.
(8) In the event the Commission rejects an application, it shall place upon its records and shall transmit a record of this action and reasons therefore, in writing, to the applicant. In this written record, the Commission may make recommendations relative to design, arrangement, texture, material and similar features. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so.
(9) During the meeting at which the applicant's plans are being considered, he may ask that his application be tabled because he wishes to make the modifications being suggested by the Commission. The Commission may then table the application. Where appropriate, the Commission may approve an application with the requirement that the applicant submit revised plans showing the modifications that the Commission has suggested.
(10) Applicants or their representative shall attend the meeting at which their application will be considered in order to answer questions that members of the Commission ask. The Commission has a need to clarify issues before it approves or rejects an application. The Commission may table an application until the applicant or a representative attends a Commission meeting. The Commission may reject an application at the end of the 45 day period if the applicant or a representative has not attended a Commission meeting.
(d) The Commission shall file with the Zoning Officer its certificate of appropriateness or rejection of all applications submitted to it for review.
(1) No work shall begin until such certificate shall have been filed.
(2) In the case of rejection, such certificate shall be binding on the Zoning Officer and no building permit shall be issued.
(e) Where there is any violation of this article the Commission, or the Zoning Officer shall, through the City Attorney, institute appropriate action to prevent, enjoin, abate or remove such violation. The violation of this article shall include starting or completing work on a designated property without the approval of the Commission where such approval is required.
(f) The Commission shall cooperate with and coordinate its activities with the West Virginia Department of Archives and History, the West Virginia Historical Society, Greenbrier County Historical Society, and the West Virginia Antiquities Commission, with the view of developing a unified program for the identification, study, preservation and protection of all historic buildings, structures and sites in the Municipality.
(g) The Commission shall submit a brief annual report of its activities to the City Planning Commission, to Council and to the West Virginia Department of Archives and History. The report shall provide a list of decisions of the Commission during the year and a list of designated properties threatened by demolition. The Commission may ask the City staff for assistance in determining the buildings threatened by demolition and in preparing the report.