(a) Purpose. The purpose of the HPO District is to provide a mechanism for the protection, enhancement and perpetuation of those historic Structures and areas in the City that have significant historical, architectural, archeological and cultural merit. Sites established to reflect elements of the cultural, social, economic, political or architectural history are intended to:
(1) Safeguard the heritage of Martinsburg own as embodied and reflected in such Structures;
(2) Stabilize and improve property values in such zones and in the City generally;
(3) Foster civic pride in the beauty and noble accomplishments of the past;
(4) Strengthen the economy of the City; and
(5) Promote the use of Historic Sites, Structures and Landmarks for the education, pleasure, and welfare of Martinsburg residents.
(b) Authority. The “Martinsburg Historic Preservation Overlay District,” is hereby created in accordance with Chapters 8A-7-2(b)(3) and 8A-7-2(b)(7) of the West Virginia Code.
(c) Application. Except as modified by the overlay Zoning District, the provisions of the applicable base Zoning District shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay Zoning District regulations shall prevail. Whenever an overlay district is established, any subsequent application to change the base Zoning District shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.
(d) Boundaries of District. The Historic Preservation Overlay (HPO) District is created as a special Zoning District to be overlaid on to the existing underlying “fixed” Zoning Districts. The boundaries of the HPO District shall conform to the boundaries of Lots lawfully created and of record in the Office of the Clerk of Berkeley County at the time of designation of the HPO District.
(e) Historic Overlay District Map. The area included within the Martinsburg Historic District is that as shown on the Official Historic Martinsburg Map, which together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this Ordinance.
(f) Official Map. The Official Historic Martinsburg Map, which shall be located in the City Planning Department, shall be the final authority as to the current historic status of Buildings and other Structures in the City for purposes of this Section.
(g) Boundaries. The boundaries of the HPO District are established according to the Official Historic Martinsburg Map.
(h) Changes to Map.
(1) If, in accordance with the provisions of this Section, changes are made to the Historic District boundaries or other matter portrayed on the Official Historic Martinsburg Map, such changes shall be entered on the Official Historic Martinsburg Map promptly after the amendment has been approved by the City Council, with an entry on the Official Historic Martinsburg Map as follows: “On <DATE>, by official action of City Council, the following (change) changes were made in the Official Historic Martinsburg Map: <BRIEF DESCRIPTION OF NATURE OF CHANGE>,” which entry shall be signed by the Mayor and properly attested to by the City Recorder. No amendment to this Section which involves a matter portrayed on the Official Historic Martinsburg Map shall become effective until after such change and entry has been made on said map and until such change, if it involves the addition of an area to the district, has been approved by the West Virginia Division of Culture and History by virtue of a resolution certifying to the historical significance of the new area.
(2) No changes of any nature shall be made in the Official Historic Martinsburg Map or matter shown thereon except in conformity with the procedures set forth in this subsection (e). Any unauthorized change of whatever kind by any Person or Persons shall be considered a violation of this Section.
(g) Uncertain Boundaries. Where uncertainty exists as to the boundaries of the HPO District as shown on the Official Historic Martinsburg Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of Street or Alley rights-of-way shall be construed to follow such center lines;
(2) Boundaries indicated as parallel to, or extensions of features indicated in the above shall be so construed; and
(3) Where physical or cultural features existing on the ground are at variance with those shown on the Official Historic Martinsburg Map, or in other circumstances not covered by the above, the City Engineer/Planning Director or designee shall interpret the HPO District boundaries.
(h) Certification. The existing Martinsburg Historic District has been duly certified under state law by the West Virginia Division of Culture and History. Prior to any changes in the Official Historic Martinsburg Map, all required certification shall be received from the West Virginia State Historic Preservation Officer (SHPO).
(i) Historic Preservation Review Commission. Pursuant to the authority granted to the City by Article 26A, Chapter 8 of the West Virginia Code, the City has established the “Martinsburg Historic Preservation Review Commission”.
(j) Historic Preservation Ordinance. The City’s Historic Preservation Ordinance1 is hereby incorporated by reference. Such ordinances establish the City’s rules, regulations, policies, procedures, and standards related to the administration and enforcement of the Historic District including provisions related to the appeal of the actions and decisions of the Historic Preservation Review Commission.
(Ord. 2021-07. Passed 7-21-21.)