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City attorney outlines process to expand historic-overlay district
Summary
Charles Town’s city attorney explained how the city would amend its historic-overlay district, including required planning commission hearings, certified-mail notice to affected landowners, and State Historic Preservation Office review because the city is a certified local government.
City attorney Stephanie (speaker 6) told council on Sept. 3 that changing the city's historic-overlay district requires following the zoning-amendment process: the council or property owners may initiate an amendment, the planning commission must hold a public hearing (within 60 days of referral), and the city must publish a Class 1 legal advertisement at least 15 days before hearings and send certified notice to affected landowners.
Stephanie said that because the city is a certified local government, proposed changes must be submitted to the State Historic Preservation Office (SHPO) for approval before final adoption. She also recommended cleaning up the separate Historic Landmarks Commission ordinance so it mirrors the zoning ordinance and reduces inconsistencies between the two regulatory texts.
Council and staff discussed an alternate route by which 50% or more of affected landowners could petition to request an amendment directly; Stephanie confirmed that process is allowed but that certified notice to affected landowners remains required. The council did not take final action but agreed staff will prepare revised draft language for future meetings.
Stephanie emphasized the process is designed to preserve public notice and opportunities for input throughout the review.
