[Added 10-11-2000; amended 11-8-2000; 12-29-2004 by Ord. No. 35-04; 11-9-2011 by Ord. No. 9-2011; 2-8-2012 by Ord. No. 1-2012]
A.
The purpose of this article is to:
(1)
Safeguard the heritage of the downtown business area (defined as
"Downtown Business Overlay Zone") of the Borough of Westville by preserving
that part of the Borough which reflects elements of its cultural,
social, economic and architectural history.
(2)
Maintain and improve property values.
(3)
Preserve and promote the downtown business area as an essential element
of municipal character and identity, as an important factor in the
economy of the Borough and the property values therein.
(4)
Promote the use of the district for the education, pleasure and welfare
of the citizens of the Borough and its visitors.
(5)
Further assure that construction, alterations, repairs, replacements
and other such improvements within the Downtown Business Overlay Zone
shall be compatible with the Borough's heritage.
B.
The Downtown Preservation Zone shall consist of areas of the municipality
which are zoned C-3 Business District and further governed by the
Downtown Business Overlay Zone.
For the purpose of this article, the following words shall have
the meanings indicated. Unless the context clearly denotes otherwise,
the singular shall include the plural, and the plural, the singular.
The construction of new improvements as part of an existing
improvement when such improvement changes or affects the exterior
of a structure.
The Zoning Officer or other official designated by the Borough
Council empowered to accept applications, issue or deny permits and
handle administrative functions in accordance with this article.
A change in the appearance of a building, structure or site
which is not otherwise covered by the definition of "demolition" or
any other change for which a permit is required. Alteration includes
the reroofing, cleaning or painting of a building or structure. Alteration
shall include the word "alter."
A structure, its site and appurtenances created to shelter
any form of human activity.
The written approval issued by the Land Use Board or the
Administrative officer when so required prior to any work or activity
commencing on property set forth as within the boundaries of the Downtown
Business Overlay Zone, as shown on the official municipal Zoning Map.
The erection of a new building, structure or object. The
word "construction" shall include the word "construct."
An element of the built environment within a district that
reflects its historical or architectural character as defined by the
regulations of this article.
The razing or destruction, whether entirely or in significant
part, of a building, structure, site or object. Demolition includes
the removal of a building, structure or object from its site or the
removal or destruction of a facade or surface. Demolition shall include
the word "demolish."
Exterior features, including mass, height, appearance and
the texture, nature and composition of materials.
Any real property, man-made structure, natural object or
configuration or any portion or groups of the foregoing which fall
within the Downtown Business Overlay Zone.
Any repair or replacement of an existing architectural feature
with the same type of material, same shape, same style and same function.
A material thing of functional, aesthetic, cultural, historical
or scientific value that may be, by nature or design, movable, yet
related to a specific setting or environment (as a monument or historic
road marker).
The act or process of applying measures to sustain the existing
form, integrity and material of a structure. It may include work to
prevent further deterioration, ongoing maintenance or other similar
actions.
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
The act or process of accurately recovering the form and
details of a structure and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
The visual character of the street, including its architecture,
fences, gates, storefronts, signs, lighting, paving and relationship
of buildings to the right-of-way of the street.
All uses permitted in the Downtown Preservation Zone shall be those designated in § 205-50, Use restriction overlay, of the Borough of Westville Code. Such uses shall not be altered by further designation as being within the downtown preservation.
There is hereby established in the Borough of Westville a district
to be known as the "Downtown Preservation Zone" and defined for the
purpose of this article as follows: The boundary lines of the Downtown
Preservation Zone shall be the same as the Downtown Business Overlay
Zone. This zone's limits shall be as shown on the official Zoning
Map of the Borough of Westville.
A.
Application for certificate of appropriateness.
(1)
A certificate of appropriateness issued by the Land Use Board or the administrative officer shall be required before a permit is issued or, in the event that no other type of permit is otherwise required, before work or activities can commence on or about the exterior architectural features of a structure in the Downtown Preservation Zone which are subject to public view from a public street, way or place, including but not limited to construction, alteration, addition, repairs, replacement, restoration, rehabilitation, signs, awnings, lighting, fences, paving, walks, curbs, moving or demolition or development for a lot and block located in the C-3 Downtown Business Overlay Zone. Excluded are in-kind repairs pursuant to Subsection A(4).
(2)
All applications for a certificate of appropriateness shall be made
by the legal or beneficial owner or owners of a structure or lot,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such structure
or lot, classified or listed within the Downtown Preservation Zone
and filed with the administrative officer on the form provided by
that officer with 10 copies.
(3)
The contents of the application shall consist of the following:
(a)
When the application is for exterior architectural changes replacing
existing architectural features with new materials, textures and dimension
that do not match existing materials, textures and dimensions, such
as replacement windows, siding, etc., the application shall be accompanied
by photographs of the building showing the features to be replaced,
a written description of the work (for example, a builder's estimate
or an architect's scope of work) and the material specifications
(architect's technical specification or manufacturer's literature
describing the replacement materials).
(b)
When the application is for the addition of new exterior architectural
elements, such as a porch, deck, railing, window, bay, wing, story,
roof, etc., or the adding of a new building to the site, the application
shall be accompanied by photographs of the structure, a written description
of the work (for example, a builder's estimate or an architect's
scope of work), material specifications (architect's technical
specification or manufacturer's literature describing the replacement
materials) and architectural drawings (plans, elevations, site plan,
etc.).
(c)
When the application is for restoration or rehabilitation of
the building to an earlier historic appearance, in addition to the
material described above for the type of work involved, the application
shall be accompanied by historical documentation (description of physical
architectural evidence, historic photographs and documentary evidence)
to support the restoration or rehabilitation decisions.
(d)
Additionally, the applicant shall submit such photographs, diagrams,
architectural drawings, specifications or other materials sufficient
to adequately inform the the Land Use Board or the Administrative
officer of the nature of the work for which the application is made.
The administrative officer shall determine if the information is sufficient
to constitute a complete application and, if the application is incomplete,
shall so notify the applicant within 14 days of the date of submission.
(4)
Exemption. A certificate of appropriateness shall not be needed for
repairs wherein the cost of such repairs is less than $1,000 and the
repairs in question constitute an exact replacement of that which
existed prior to the need for the repairs in question. To receive
this exemption, the property owner shall submit an application to
the administrative officer for such repairs with a photo of the existing
condition or conditions and estimate of cost.
B.
Review process for certificates of appropriateness.
(1)
The administrative officer shall review the application for a certificate
of appropriateness and if the improvements or repairs conform with
the requirements of this article and the standards and review procedures
as defined in this article for use by the Land Use Board for downtown
preservation, the administrative officer is empowered to issue a certificate
of appropriateness, with or without conditions. A written report of
all such issuances shall be provided to the Land Use Board. Approved
applications will be presented to the Land Use Board for memorialization.
Denial of certificates of appropriateness shall be reviewed by the
Land Use Board at the discretion of the applicant. An applicant may
request a review of his application by the Land Use Board in lieu
of review by the administrative officer.
(2)
In the event that no action is taken within the above-mentioned forty-five-day
period, the application shall be deemed to have been approved without
conditions unless the applicant agreed to a postponement.
(3)
At the Land Use Board meeting wherein members intend to vote upon
an application, the the Land Use Board shall permit individuals interested
in the application to comment orally and/or in writing upon the application
for a certificate of appropriateness. The vote shall include a statement
of the reasons for the action taken, and the applicant shall be provided
with a copy of that statement.
(4)
The Land Use Board shall review complete applications at its next
regularly scheduled meeting.
(5)
Preliminary drawings may be submitted to the Land Use Board for review
and counsel before proceeding with final plans.
C.
Guidelines for interpretation.
(1)
It is the intent of this section that the Land Use Board shall:
(a)
Consider only the exterior features of a structure or site visible
from a public street, way or place.
(b)
Consider, in passing appropriateness of exterior architectural
features in a site plan or major development, and consider among other
things the general design, arrangements and material of the building(s)
or structure(s) in accordance with the standards of review as set
forth in this article and also lighting, awnings, fences and walkways,
and the relationship of such factors to similar features of structures
in the immediate surroundings and the position of such structures
in relation to the street or public way.
(c)
Be strict in their judgment of plans for alteration, addition,
repair, replacement, restoration, rehabilitation or demolition of
existing structures deemed to be of historic or architectural or business
significance to the municipality.
(d)
Be lenient in their review of alteration, repair, replacement,
addition of structure or parts of structures of little historic or
architectural or business value, except where such alteration, repair,
replacement or addition would damage the historic, architectural or
business value and character of adjacent or nearby structures or the
streetscape.
(e)
Discourage the demolition of structures that have historic significance
or that are valuable for the period of architecture that they represent
or for their contribution to the integrity of the streetscape.
(f)
In the case of an application for a certificate of appropriateness
to demolish a structure, consider as part of that determination the
site plan and all aspects of the exterior design of the proposed new
structure.
(2)
Nothing in this section shall prohibit repairing or rebuilding any
structure in the district so as to maintain or return the structure
to its original condition prior to the deterioration or destruction.
D.
Emergency repair procedures. Emergency repairs shall consist only
of those immediate remedial actions undertaken to alleviate the cause
of damage to life or property where time will not permit the owner
to obtain a certificate of appropriateness and a building permit prior
to their undertaking. Upon notification by the property owner to the
administrative officer, that officer shall request the Chairman of
the Land Use Board to inspect the property, or assign a qualified
member of the Land Use Board to do so, and determine the nature of
the emergency, whether repair is feasible or, if not, the appropriateness
of the replacement. The Chairman may call upon qualified professional
expertise to assist in this determination. The Chairman shall provide
a written report to the administrative officer so that a permit may
be issued.
A.
Policy intent. In reviewing any application for a certificate of
appropriateness, the Land Use Board shall make its determinations
as to whether an application should be approved, approved with conditions
or denied on the basis of the purposes of this article, the provisions
of this article and the following design criteria. The standards and
design criteria are requirements. The guidelines and description of
style and checklist provide general design and technical recommendations
and shall be made available to applicants, their architects, contractors
and subcontractors. The approach taken by the Borough of Westville
in establishing design criteria in the Downtown Preservation Zone
is based on the fact that portions of the district have an architectural
cohesiveness of a period of time and, therefore, new construction,
additions and major alterations in the Downtown Preservation Zone
should have an appropriateness of design which should enhance the
character of the district.
B.
Performance standards. The following standards shall be used in evaluating
any application for a certificate of appropriateness:
(1)
Every reasonable effort shall be made by the applicant to provide
a compatible use for a property which requires the minimal alteration
of the building, structure or site and its environment or to use a
property for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
However, if an earlier appearance of a building is of primary significance,
then restoration may be the preferred treatment. Removal of later
changes may be allowed in certain cases if such changes alter, obscure
or destroy the building's character-defining space, materials,
features or finishes of the building as it appeared during its primary
period of significance.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event that 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 duplication
of features.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material
and such design is compatible with the size, scale, color, material
and land character of the property, neighborhood or environment.
(10)
Whenever possible, new additions or alterations to structures
shall be done in such a manner that, if such additions or alterations
were removed in the future, the essential form and integrity of the
structure would be unimpaired.
C.
Design criteria. In assessing design of any proposed additions or
new construction, the following design criteria shall be considered,
in conjunction with the standards of review set forth above, by the
the Land Use Board. These design criteria shall be used to analyze
the effect that the change applied for would have on the structure
or improvements within the Downtown Preservation Zone or immediate
surrounding areas, as follows:
(1)
Area and height regulations. Maximum building height, minimum lot
size, maximum coverage, etc., shall be as provided in the Downtown
Overlay Zone, except the Land Use Board may grant a variance, where
necessary, to preserve historic characteristics.
(2)
Proportion of facade. The relationship of the width of the building
to the height of the front elevation shall be visibly compatible with
the building and places to which it is visibly related.
(3)
Position of openings. The relationship of the width of windows to
the height of windows in a building shall be visibly compatible with
the buildings and places to which it is visibly related.
(4)
Rhythm of solids. The relationship of solids to voids in such facades
of a building shall be visibly compatible with the buildings and places
to which they are visibly related.
(5)
Rhythm of spacing. The relationship of the building to the open space
between it and adjoining buildings shall be visibly compatible with
the buildings and places to which it is visibly related.
(6)
Rhythm of entrances. The relationship of entrances and porches to
the street shall be visibly compatible to the buildings and places
to which they are visibly related.
(7)
Relationship of materials. The relationship of materials, texture
and color of the facade and roof of a building shall be visibly compatible
with the predominate materials used in buildings to which they are
visibly related.
(8)
Roof. The roof shape and pitch of a building shall be visibly compatible
with the buildings to which it is visibly related.
(9)
Continuity of walls. Walls and open fencing shall maintain visual
compatibility with the buildings and places to which they are visibly
related.
(10)
Scale of building. The site of a building, mass of a building
in relation to open spaces, the windows and door openings, porches
and balconies shall be visibly compatible to the buildings and places
to which they are visibly related.
(11)
Directional expression. A building shall be visibly compatible
with buildings and places to which it is visibly related in its directional
character, whether this be vertical character or horizontal character.
A.
In addition to conforming to the regulations contained in the Zoning
Ordinance, approval of the display of a sign may be granted by the
Land Use Board of Westville only when such signs and the plans therefor,
so far as they relate to the appearance, color, lettering, size, texture
of materials, design, position and method of attachment, conform to
the historical and distinctive character of the Downtown Preservation
Zone and are not detrimental to the architectural and historical significance.
B.
No sign in the Downtown Preservation Zone shall be placed on a building
or structure in such a way as to obscure or mar any architectural
feature deemed to be important to the architectural integrity of the
building or structure.
C.
All applications for sign permits within the Downtown Preservation
Zone of the Borough of Westville shall be submitted to the Land Use
Board and shall be made upon forms furnished by the administrative
officer. Such an application shall also be accompanied by the appropriate
number of sketches and drawings showing details of construction and
foundation, when required by the Building Code of the Borough,[1] and shall delineate the size, shape, design, color, lighting,
lettering, texture of material and position in relation to the building
from or upon which it shall be displayed.
All work performed pursuant to the issuance of a certificate
of appropriateness for the alteration or demolition of a building,
structure, site or object subject to the review of the Land Use Board
shall conform to the requirements of the permit. It shall be the duty
of the administrative officer to inspect from time to time any work
performed pursuant to and in accordance with the permit requirements;
the administrative officer shall issue a stop-work order, and all
work shall cease until the work is brought into conformity with the
requirements of the permit. The work to be performed under a certificate
of appropriateness shall commence within one year of its issuance
or the certificate shall be deemed null and void.
A.
Each individual alteration shall be considered a separate and distinct
offense under the provisions of this chapter.
B.
Any person who alters or demolishes a building, structure, site or
object in violation of the provisions of this article or in violation
of any conditions or requirements specified in a permit shall be required
to restore the building, structure, site or object involved to its
appearance prior to the violation.
C.
Nothing contained herein shall supersede the powers of other local
legislative or regulatory bodies or relieve any property owner of
complying with the requirements of any other state statutes or municipality's
ordinances or regulations.
D.
In the event of any inconsistency, ambiguity or overlapping of requirements
between this article and any other requirement enforced in the municipality,
the more restrictive shall apply, to the effect that state and federal
legislation has not preempted the municipality's power to enforce
more stringent standards.
