(a) The Historic Landmark Commission shall have plenary powers and authority within the jurisdictional limits of the City and subject to the final approval of Council on all matters requiring the expenditure of public funds and within the limits of the available funds to:
(1) Make a survey of and designate as historic landmarks, buildings, structures and sites which constitute the principal historical and architectural sites 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 best represents, some major aspect of the cultural, political, economic, military or social history of the locality, region, State or nation, or has had 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, 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 worked or has significance in current times;
(2) Prepare a register of buildings, structures and sites which meet the requirements of subsection (a) hereof, publish lists of such properties and, with the consent of the property owners, inspect such properties from time to time setting forth appropriate information concerning the registered buildings, structures and sites;
(3) With the consent of the property owners, certify and mark with appropriately designed markers, buildings, structures and sites which it has registered;
(4) Establish standards for the care and management of certified landmarks and withdraw such certification for failure to maintain the standards so prescribed;
(5) Acquire by purchase, gift or lease and administer registered landmarks, easements and interests therein, both real and personal;
(6) Lease or sell property so acquired under terms and conditions designed to insure the proper preservation of the landmark in question;
(7) Establish historic districts for registered landmarks, utilizing the same guidelines set forth in subsection (a) hereof, and designate the area thereof by appropriate markers;
(8) Identify historical districts for registered landmarks and aid and encourage the municipality or county in which the district or landmark is located to adopt rules and regulations for the preservation of historical or architectural values;
(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 Historic Landmark Commission;
(12) Adopt rules and regulations concerning the operation of the Historic Landmark 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 this article; and
(13) Adopt such other rules and regulations as may be deemed necessary to effectuate the purposes of this article, but no such rules and regulations shall be inconsistent with the provisions of this article or with any plan of the planning commission of such municipality or county.
(b) The Historic Landmark Commission shall review any application to construct, alter, move, demolish or repair any landmark, building, structure or site within the historic district and shall approve or reject such application, if any such changes are visible or intended to be visible from an adjacent public way .
(1) In reviewing an application and plan, the Historic Landmark Commission shall give consideration to:
A. The historical or architectural value or significance of the landmark, building structure or site or its relation to the historic value of the surround 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.
(2) The Historic Landmark Commission shall pass only on exterior features of a structure and shall not consider interior arrangement; nor shall it disapprove applications except in regard to the considerations set forth above.
(3) In the case of an applications for repairs or alterations affecting the exterior appearance of a structure which the Historic Landmark Commission deems of value to the City that the loss thereof will be a great loss to the City, State or nation, the Historic Landmark Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.
(4) It is the intent of this section that the Historic Landmark Commission be strict in its judgment of plans for landmarks, buildings, structures or sites deemed to be valuable according to the studies performed for the historical or architectural value of the area. It is also the intent of this section that the Historic Landmark Commission shall be lenient in its judgment of plans for landmarks, buildings, structures or sites or little historical value or for plans for new construction except where such plans seriously impair the historical or architectural value of the surrounding area. It is not the intent of this article to limit new construction, alteration or repairs to any one period or architectural style.
(c) Unless the Historic Landmark Commission is satisfied that proposed construction, alteration or repair will not materially impair the historical or architectural value or significance of a landmark, building, structure or site, situate within the historic district, the Historic Landmark Commission shall reject the application and deny the issuance of a certificate of approval.
(d) The Historic Landmark Commission shall file with the City Zoning Officer its certificate of approval or rejection of all applications submitted to it for review.
(1) No work shall begin until such certificate has been filed.
(2) In the case of rejection, such certificate shall be binding on the City Zoning Officer and no building permit shall be issued.
(e) Where there is any violation of this article, the Historic Landmark Commission or the City Zoning Officer shall, through the City attorney, institute appropriate action to prevent, enjoin, abate or remove such violation.
(f) The Historic Landmark Commission shall cooperate with and coordinate its activities with the West Virginia Department of Archives and History, the West Virginia 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 Historic Landmark Commission shall submit an annual report of its activities to the City Planning Commission and to Council.
(Ord. 4-9-90)