(a)

There is hereby established a commission at the city to be known as the historic landmarks commission, to serve both as a historic landmarks commission pursuant to W. Va. Code, § 8-26A-1 et seq., and to function as a design review board, making recommendations to the board of directors in the administration of the downtown historic district.

(b)

Such commission shall have all of the powers enumerated in W. Va. Code, § 8-26A-3, as a historic landmarks commission.

(c)

Such commission shall further serve as a clearinghouse, review board and recommending authority to the board of directors as to the merits of any proposed reconstruction, remodeling or demolition of any qualifying structure in the downtown historic district.

(Code 1974, § 23-79; Ord. No. 88-9, 9-13-1988)

(a)

The commission shall consist of five voting members, of whom one shall represent the downtown business community; one, historic preservation interests; one, the board of directors; and two, the citizenry at large. Members shall serve without compensation and shall be appointed for three-year terms; except that of the members initially appointed, two shall be appointed for three-year terms, two for initial two-year terms and one for an initial one-year term. All members shall serve until their successors are appointed; the city manager and city solicitor shall be ex officio nonvoting members of such commission.

(b)

The commission shall meet at least once a month when there is business requiring its meeting. Where an application shall require consideration by another board or commission of the city, the commission shall, if possible, meet jointly with such other agency in order to expedite any application requiring joint approval; the commission will, further, where there is some urgency in passing on an application made to it, meet upon special call no later than seven business days following the referral of such application.

(Code 1974, § 23-80; Ord. No. 88-9, 9-13-1988)

The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Historic district means areas or buildings designated by the National Register of Historic Places as buildings or districts now or hereafter designated by the national register as such areas or structures of historic importance. These districts or areas, without limitation are presently as follows:

(1)

Downtown Historic District.

(2)

County Club Hill Historic District.

(3)

The Easley House ("The Breezes").

(4)

The Hancock House ("The Alpha House").

(5)

The Jefferson Street Historic District.

(6)

The Old Bluefield Municipal Building ("Old City Hall").

(7)

South Bluefield Historic District.

(8)

Upper Oakhurst Historic District.

(9)

Any other building or district hereafter listed on the National Register of Historic Places.

Historic structure means, in the downtown historic district, a building constructed more than 50 years prior to any application for any action controlled by this chapter, which building has not been so altered as to have lost substantially all of its architectural details. As to other districts, it shall only mean those structures individually listed on the National Register of Historic Places.

Noncontributing structure means a building constructed less than 50 years prior to any application or other action controlled by this chapter, or any historic structure which, by reason of deterioration or renovation prior to the passage of this article, is not capable of being restored without economic waste.

Renovation, remodeling ordemolition means according to its ordinary English meaning, except that ordinary repairs, tenantable maintenance and other routine work upon historic structures shall not be therein contained.

(Code 1974, § 23-81; Ord. No. 88-9, 9-13-1988; Ord. No. 2005-3, 6-14-2005)

It shall be the zoning policy of the city that historic structures within the historic district shall not be renovated, remodeled or demolished without the permission of the board of directors upon review and recommendation by the historic landmarks commission. It is, further, the policy of the city that property owners and their agents who are affected by this article are entitled to expeditious review and decision upon their applications.

(Code 1974, § 23-82; Ord. No. 88-9, 9-13-1988; Ord. No. 2005-3, 6-14-2005)

(a)

The building official, as described in the standard housing, building, electrical and plumbing codes adopted by the city and described in chapter 6, pertaining to buildings and building regulations, shall issue no permit for renovation, remodeling or demolition of any historic structure within the historic district until such application has been handed to the secretary of the historic landmarks commission, presented to that commission and approved by the board of directors after consideration of the commission's recommendation. No work shall be permitted to proceed under such application prior to this procedure being followed.

(b)

The board of directors shall consider and determine each recommendation made by the commission no later than the next meeting following the commission's meeting, unless the applicant agrees to a more lengthy consideration.

(Code 1974, § 23-83; Ord. No. 88-9, 9-13-1988; Ord. No. 2005-3, 6-14-2005)

In carrying out the policy of the city and exercising the powers granted to it, the commission shall be guided by the following standards applicable to historic structures within the historic district:

(1)

Facade standards. The recommended general design standards for structures and sites in the historic district are as follows:

a.

Facade standards apply to building fronts and exposed sides and rear walls.

b.

The distinguishing original qualities or character of a building and its site, where still in existence, should not be destroyed, removed or altered.

c.

All building structures and sites should be recognized as products of their own time, and it is the intent of these standards to preserve, as nearly as possible, the architectural features of such time. However, changes which are evidence of the history and development of a building, structure or site and its environment shall be preserved, when possible, if those changes have acquired a recognized and respected significance of their own.

d.

It is not the intent of these standards to exclude modern design or to inhibit creative initiative. In instances where faithful restoration or replication is not practical or historically or economically justified, remodeling may be done in a contemporary manner, sympathetic with and complementary to the general character of the district. Such renovations or alterations should not destroy significant historical, architectural or cultural material. Buildings should be considered as total units from grade to cornice line and should be designed in a way that the total facade is a harmonious unit.

e.

Distinctive stylistic features of a building should be preserved whenever possible in a condition or appearance as near as possible to their original appearance. Deteriorated architectural features should be repaired and restored rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of such features where possible and appropriate. However, new show windows, lighting, hardware, details, ornament, doors and other elements may be designed in a way sympathetic and complementary with the spirit and character of the building.

f.

Solid, permanently enclosed or covered facades will not be approved. All upper level windows should be fully exposed. Windows should be replaced or repaired as necessary and maintained in a condition as to give an occupied look.

(2)

Functional standards. The general functional standards for structures and sites should be as follows:

a.

All structural and decorative elements of building fronts and sides exposed to view should be made structurally sound. Deteriorated or missing portions should be repaired or replaced in a workmanlike manner. All facade elements and elements exposed to view should be well-maintained, cleaned and painted as required.

b.

All lighting and electrical elements, including wiring, conduits, junction boxes, etc., and all elements of mechanical equipment, including pipes, ducts, air conditioning units, etc., should, where possible, be concealed from view. All nonfunctioning elements should be removed.

c.

The surface cleaning of structures must be undertaken with the least damaging method possible. Sandblasting and other cleaning methods should not be used, as these methods can unalterably damage historic building materials, such as brick.

d.

Roofs and chimneys or other auxiliary structures on the roof should be repaired and cleaned as required. Any construction visible from the street should be finished so as to harmonize with other visible building walls. Television and radio antennae should be located in an inconspicuous manner.

(3)

Projections beyond property line. There should be no projections beyond the property line other than as described below:

a.

Sun protection/weather protection devices may be permitted only in the form of awnings on existing buildings. Awnings shall be operable or retractable, and they shall be of canvas or a functionally and esthetically equivalent material on a metal frame. Awnings should have a minimum slope of 20 degrees to the horizontal. Awnings should be located no higher than 16 feet and should extend no lower than eight feet. Awnings should be designed in a way to appear as an integral part of the building facade design.

b.

Fixed canopies or marquees are not recommended but will be considered on an individual basis.

c.

Overhanging signs conforming to the article IX of this chapter pertaining to signs, canopies, awnings, and marquees may be used.

d.

Individual wall lighting fixtures projecting beyond property lines may be used, providing that fixtures are consistent with the period of the design of the building facade; that the total wattage per fixture does not emit glare or harsh bright spots; that the fixture is mounted no lower than six feet six inches nor higher than nine feet above the elevation of the ground floor; and provided that the fixture neither extends from the property line not more than 16 inches nor has any dimension greater than 16 inches.

(4)

General.

a.

Uses. Nothing contained in this article shall affect the present use of any property therein. Use classifications for all property included within the district are governed by the zoning ordinances of the city and the procedures therein established.

b.

Other standards. These guidelines are recommended for use as a supplement and complement to the building and housing codes of the city. Nothing contained herein shall be construed as repealing the applicability of any provision of the building codes. Instead, the design guidelines are in addition to such standards as are set forth in the building codes of the city.

(5)

Demolition by neglect. The owner of any building or structure, which is located within an historic district, and which is a contributing structure, shall keep such structure properly maintained and repaired. The term "properly maintained and repaired" means that no owner shall allow deterioration of any contributing structure in an historic district including, but not limited to:

a.

The deterioration of exterior walls or other vertical supports;

b.

The deterioration of roofs or other horizontal members;

c.

The deterioration of external chimneys;

d.

The deterioration or crumbling of exterior plasters or mortar;

e.

The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

f.

The peeling of paint, rotting, holes, and other forms of decay;

g.

The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping;

h.

The deterioration of any feature so as to create or permit the creation or any hazardous or unsafe condition or conditions.

(6)

Demolition standards.

a.

When an historic structure is proposed to be demolished by its owner or other authorized person, the commission, on finding that such structure contributes to the historic district and either meets or can reasonably meet standards of the BOCA code, without unreasonable or excessive cost, shall deny a certificate of appropriateness for the demolition permit application. Such denial of a certificate of appropriateness for the permit application shall then be referred to the board of directors of this city who shall deny the permit application.

b.

Refusal of recommendation for demolition. When a structure is proposed to be demolished by its owner or other authorized person, the commission, on a finding that such structure contributes to the historic district but does not meet nor can reasonably meet standards of the BOCA code, without unreasonable or excessive cost, shall grant conditional approval of a certificate of appropriateness for the permit application if satisfied that the applicant can satisfy either of two requirements:

1.

Prior to demolition the applicant must agree to complete demolition, removal of all debris, removal of all traces of the building structure, foundation, walls, roof, concrete walks, steps, and other materials. The applicant will also grade, level, sod, and seed the lot to prevent erosion and improve drainage; remove unnatural mounds of dirt and trash; and repair, at the applicant's own expense, any damage to public rights-of-way, including sidewalks, curbs, streets that occurred in the course of removing the building, objects, or structure, and its appurtenance.

2.

In the instance where the applicant proposes to construct a new building, following demolition of an historic structure, the applicant must also submit site plans for the proposed project, including project concept, preliminary elevation, etc., and whether such plans shall incorporate portions of the historic structure into the construction, or other elements of the existing site such as stone walls, concrete walks, or stairs, existing foliage, etc.

c.

The commission shall approve or reject an application within 45 days after the filing thereof by an owner or occupant of an historic structure. Evidence of approval shall be by recommendation to the board of directors that the application for demolition be allowed; evidence of disapproval shall be by written minutes containing findings of fact.

(7)

Appeal.

a.

Any person adversely affected by any determinations made by the commission relative to the recommendation for a building permit, or denial of recommendation for a building permit, may appeal such determination to the circuit court in the county in which said commission is located.

b.

The municipal governing body or the historic landmarks commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic structure, or historic district, except those changes made in compliance with the provisions of this article, or to prevent any illegal acts or conduct with respect to such historic structure or historic district.

(8)

Violations. Violation of this section is a misdemeanor and any person, firm, or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to the maximum fine provided by law, for each separate violation, or imprisonment for a period not exceeding 30 days, or both.

(Code 1974, § 23-84; Ord. No. 88-9, 9-13-1988; Ord. No. 93-2, 5-10-1993; Ord. No. 2005-3, 6-14-2005)