A. 
In performing its responsibilities as set forth in this chapter, the Historic Preservation Commission shall apply the United States Secretary of the Interior's Standards for the Treatment of Historic Properties, as stated in Article III.
B. 
To ensure compliance with Subsection A of this section, not less frequently than once annually, the administrative officer shall inform the Historic Preservation Commission of any changes that the Secretary of the Interior has made to the Standards for the Treatment of Historic Properties and shall recommend any changes to this Article V that the Historic Preservation Commission may wish to recommend to City Council as amendments to this article.
Preservation shall be considered the most appropriate treatment of an historical property: when the property's distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction of a particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations. Consistent with § 42-20, the following preservation standards shall apply:
A. 
A property will be used as it was historically or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.
B. 
The historical character of a property will be retained and preserved. The replacement of intact or repairable historical materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.
C. 
Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historical materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
D. 
Changes to a property that have scquired historical significance in their own right will be retained and preserved.
E. 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
F. 
The existing condition of historical features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the feature being replaced in original composition, design, color, and texture.
G. 
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historical materials will not be used.
H. 
Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
Rehabilitation shall be considered the most appropriate treatment of an historical property: when repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction of a particular period of time is not appropriate. Consistent with § 42-20, the following rehabilitation standards shall apply:
A. 
A property will be used as it was historically or be given a new use that requires minimal change to its distinctive material, features, spaces, and spatial relationships.
B. 
The historical character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, space and spatial relationships that characterize a property will be avoided.
C. 
Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historical properties, will not be undertaken.
D. 
Changes to a property that have acquired historical significance in their own right will be retained and preserved.
E. 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
F. 
Deteriorated historical features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the feature being replaced will match the feature in original design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
G. 
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historical materials will not be used.
H. 
Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
I. 
New additions, exterior alterations, or related new construction will not destroy historical materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historical materials, features, size, scale and proportion and massing to protect the integrity of the property and its environment.
J. 
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historical property and its environment would be unimpaired.
Restoration shall be considered the most appropriate treatment of an historical property: when the property's design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that characterize other historical periods; where there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned. Prior to undertaking restoration, a particular period time, i.e., the restoration period, should be selected and justified and a documentation plan for restoration developed. Consistent with § 42-20, the following standards for restoration shall apply:
A. 
A property will be used as it was historically or be given a new use which reflects the property's restoration period.
B. 
Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken.
C. 
Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection, and property documented for future research.
D. 
Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.
E. 
Distinctive material, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.
F. 
Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the feature being replaced will match the feature in original design, color, texture, and, where possible, materials.
G. 
Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by commingling features that never existed together historically.
H. 
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historical materials will not be used.
I. 
Archaeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken in accordance with a plan reviewed and approved by the Historic Preservation Commission.
J. 
Designs that were never executed historically will not be permitted to be constructed.
Reconstruction shall be considered the most appropriate treatment of an historical site: when a contemporary depiction is required to understand and interpret an historical site's historic value (including the recreation of missing components in an historic district or site); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction. Consistent with § 42-20, the following standards for reconstruction shall apply:
A. 
Reconstruction will be used to depict vanished or nonsurviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture and such reconstruction is essential to the public understanding of the property.
B. 
Reconstruction of a landscape, building, structure, or object in its historic location will be preceded by a thorough archaeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.
C. 
Reconstruction will include measures to preserve any remaining materials, features, and spatial relationships.
D. 
Reconstruction will be based on the accurate duplication of historical features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historical properties. A reconstructed property will recreate the original historical appearance of the nonsurviving historical property in materials, design, color, and texture.
E. 
A reconstruction will be clearly identified as a contemporary recreation.
F. 
Designs that were never executed historically will not be permitted to be constructed.
In addition to the general standards in § 42-20, the following standards shall apply:
A. 
New construction need not replicate historical older buildings or structures but may reflect contemporary design standards while using contemporary design elements that relate to the existing historical structures that surround the new structure. Building height, width, mass and proportion affect the degree of compatibility between the old and the new.
B. 
Site and setting. A developer intending to utilize an historical resource as a part of a development must consider the context of the resource's original site by honoring the original historical intention of said resource and integrating it respectfully into the new development.
C. 
Building height. Height should be visually compatible with adjacent buildings. The apparent physical size, scale and height should relate to existing resources.
D. 
Openings on frontal facades. The width and height of windows, doors and entries must be visually compatible with the buildings and structures of historical significance in the surrounding environment and to which the new building is visually related.
E. 
Relationship of unbroken planes to voids (i.e., punctured planes) in front facades. The relationship of unbroken planes (i.e., walls) to voids (i.e., windows and doors) on the facade of a building or structure should be aesthetically harmonious with that of buildings and structures of historical significance in the surrounding environment.
F. 
Relationship of vacant land to buildings/structures. The relationship of a building or structure to the vacant land of an adjoining building or structure should not violate the existing pattern of spatial relationships of historically significant structures to the vacant land between said structures and adjoining buildings. The building mass in large architectural projects can be varied in form by using setbacks to create open spaces and landscaping when desirable to provide harmonious visual transitions between new construction and the adjacent historical properties.
G. 
Relationship of exterior projections to the street. The relationship of exterior projections to the street in new construction should be visually compatible with the exterior projections to the street in the surrounding existing buildings of historical significance.
H. 
Relationship of major exterior building materials. The major exterior building materials on the facade of a building or on a structure should reflect the predominant major building materials existent on the facades of historically significant buildings and on structures in the surrounding environment.
I. 
Roof forms. The roof form and slope of a building or structure is a major element in the visual appearance of the building. Designers must take into consideration, when designing for new construction, the existing historical roof forms and slopes of buildings and structures that the new building will be visually related to.
J. 
Continuity in visual imagery of appurtenances. Appurtenances of a building or structure, such as walls, fences and landscape masses, shall honor the relationship of appurtenances to buildings of historical significance in the surrounding environment.
K. 
Scale of buildings. The scale of buildings and structures shall be in scale with the buildings and structures to which it is visually related.
L. 
Signage. Permanent signs which are out of keeping with the character of the built environment in question should not be used. Excessive size, inappropriate placement on buildings and inappropriate materials will result in visual clutter.
M. 
Site planning. The site planning of landscaping, parking facilities, utility and service areas, walkways and appurtenances must reflect the site planning of landscaping, parking facilities, utility and service areas, walkways and landscape features that form a network of buildings or structures of historical significance.
In considering whether to recommend, approve or disapprove an application for a permit to relocate a building, object or structure designated an historical landmark or located in an historic district, the Historic Preservation Commission shall be guided by the following considerations:
A. 
The historical character and aesthetic interest the building, structure or object contributes to its setting at the time of the application;
B. 
Whether there are definite plans for the area to be vacated and what will be the effect of implementing those plans on the character of the surrounding area;
C. 
Whether the building, structure or object can be moved without significant damage to its physical integrity; and
D. 
Whether the proposed area of relocation is compatible with the historical and architectural character of the building, object or structure.
A. 
The following shall be considered by the Historic Preservation Commission in regard to an application for demolition or partial demolition of a building or building facade, historical structure, site or object:
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
(1) 
Its historical, architectural and aesthetic significance;
(2) 
Its use, as permitted by Hoboken's Zoning Ordinance (Hoboken Municipal Code, Chapter 196, § 196-1 et seq.);
(3) 
Its importance to the City of Hoboken and the extent to which its historical and/or architectural value is such that its removal would be detrimental to the historic district, the block frontage on which it is located, and/or the public interest;
(4) 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty;
(5) 
The extent to which its retention would promote business; create new and/or more highly compensated employment; attract tourists, students, writers, historians, artists or artisans; encourage interest in the study of history; stimulate interest in the study of architecture and design; educate citizens about American culture and heritage; or make the City of Hoboken a more attractive and desirable place in which to live, work, shop and engage in cultural activities;
(6) 
How its removal would impact the aesthetic character of the block on which it is located;
(7) 
The structural condition of the building and the structural impact demolition could have on surrounding buildings, structures, landscape and other neighborhood features. Upon request, a report shall be prepared by a qualified structural engineer, experienced in the construction of nineteenth- and twentieth-century buildings, setting forth information concerning the structural soundness and integrity of the building so as to comply with the requirements of the Uniform Construction Code, including the Rehabilitation Sub-code;
(8) 
The economic feasibility of restoring or rehabilitating the structure so as to allow for a reasonable use of the structure and land pertaining to it;
(9) 
Whether there is any threat to the public health and safety as a result of deterioration or disrepair of the building that cannot reasonably be cured;
(10) 
The technological feasibility of rehabilitating the structure;
(11) 
The intended use of the property;
(12) 
The use for which the building was designed and the feasibility of utilizing it for its designed use; and
(13) 
In cases of partial demolition, the effect of the partial demolition on the remaining portion of the building, structure, site, object or landscape features, and the impact of demolition, if any, on adjoining buildings or structures.
B. 
An applicant wishing to demolish or partially demolish a building, building facade, structure, site or object, whether or not that building, building facade, structure, site or object is a designated historic site or located in an historic district, shall adhere to the review and approval processes outlined in Chapter 79A, Building Demolition, of the Municipal Code of the City of Hoboken, and supplemented by this section.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
C. 
If an application to demolish is denied, the applicant shall follow the appeal process detailed herein at § 42-31.
D. 
In the event the Historic Preservation Commission requires the Construction Code Official to deny a demolition permit, the Historic Preservation Commission may recommend that the site be reserved for a period of one year, or within such further time as the owner of the site may agree to grant to the City of Hoboken, for the acquisition of the historical site, by purchase or condemnation, pursuant to the provisions of the MLUL regarding reservation of public areas (N.J.S.A. 40:55D-44). The one-year period shall be measured from the date on which the Historic Preservation Commission has directed the Construction Code Official to deny the demolition permit or the date on which the applicant notifies the Historic Preservation Commission that it has exhausted all appeals, whichever date is later.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
E. 
In the event the Historic Preservation Commission grants an application for demolition, or in the event an appeal is taken to the Board of Adjustment whose decision is to grant an application for demolition, no demolition permit shall be issued for a period of 10 days following the later date of the decision by the Historic Preservation Commission or the Board of Adjustment, if an appeal is taken to the Board of Adjustment.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
F. 
In the event that the Historic Preservation Commission disapproves an application for a permit to demolish a building, place or structure, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure, provided that all of the following requirements have been fully met:
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
(1) 
The owner has applied for the necessary permit and has received notice of denial of same from the Historic Preservation Commission and has appealed said denial to the Board of Adjustment, which has affirmed the denial.
(2) 
The owner has met the following notice requirements:
(a) 
Notice of the proposed demolition has been posted on the premises of the building, place or structure throughout the notice period, as defined in this section, in a location such that it is clearly readable from the street.
(b) 
The applicant has published a notice in the official newspaper of the City of Hoboken within the first 10 days of the notice period, within not less than 10 nor more than 15 days prior to the expiration of the notice, and at least once each 90 days between the above first and last notifications, if the notice period is six months or longer.
(3) 
The period of time during which notice must be given in the manner set forth herein shall be known as the "notice period." The notice period shall commence on the 10th day following the date the Board of Adjustment mails to the owner the notice of its denial of the owner's appeal. The notice period shall run for six months from that date.
(4) 
The owner, during the notice period, and at a price reasonably related to its fair market value, has made a bona fide offer to sell the building, place or structure and the land pertaining thereto to any person or organization, the United States, New Jersey or agencies thereof or political subdivisions or agencies thereof, that gives reasonable assurance to the City Council, supported by the owner's commitment to enter into an easement or deed restriction in favor of the City of Hoboken, that the owner, its successors and assigns will preserve the building, place or structure and the land pertaining thereto.
(5) 
The owner shall not have been a party to any bona fide contract binding upon all parties thereto for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period except a contract made in accordance with Subsection F(4) of this section.
G. 
The Historic Preservation Commission may, at any time during such notice period, if a significant change in circumstances occurs, approve a permit for demolition, in which event the permit shall be issued within 10 days thereafter. During the notice period, the Historic Preservation Commission shall consult with the City Council, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the City of Hoboken may preserve the building, place or structure to be demolished. The Historic Preservation Commission shall be empowered to assist the owner in developing plans to preserve the building, place or structure when moving or demolition thereof would be a loss to the City. The Historic Preservation Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require any or all of the following:
(1) 
The amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person purchasing the property;
(2) 
The assessed value of the land and improvements thereon according to the most-recent assessment;
(3) 
All appraisals obtained by the owner in connection with the owner's purchase or financing of the property, or during that owner's ownership of the property;
(4) 
Bona fide offers for the property for sale or rent, price asked, and offers received, if any; and
(5) 
Any consideration given by the owner as to profitable, adaptive uses for the property.
(6) 
The Historic Preservation Commission shall study the question of whether the site or the property in the historical district can be put to reasonable beneficial and appropriate use without the approval of the demolition application.
The designation of an historic district establishes, in addition to review by other governmental entities, the following review function to be performed by the Historic Preservation Commission:
A. 
Any application for a building permit to erect a new building, or to demolish or to alter the height, bulk, setback, location, facade or exterior appearance of an existing building or site within an historic district, shall be subject to review by the Historic Preservation Commission whether or not proposals for new construction or substantial alteration are subject to review and approval by either the Planning Board or Zoning Board of Adjustment for site plan or variance requests. The Historic Preservation Commission's review and recommendations shall not supersede the powers and responsibilities of the Planning Board, the Zoning Board of Adjustment or other legislative or regulatory bodies, but the Planning Board and Zoning Board of Adjustment shall take into consideration the recommendations of the Historic Preservation Commission in performing their respective duties.
B. 
The Historic Preservation Commission shall be responsible to review an application pursuant to the application requirements and standards for review set forth in this chapter and, based on its findings, shall be responsible to issue a certificate of appropriateness or a certificate of no effect or to not issue any certificate.
C. 
Any application for a permit to install, upgrade, replace, relocate or remove a wireless communication tower, antennas and equipment within an historic district or visible from a public space within an historic district shall be subject to review by the Historic Preservation Commission, which shall apply the design criteria set forth in § 196-35I through K in making its recommendation to the Planning Board prior to the Planning Board's hearing on the application.
D. 
Any application for a permit to install, upgrade, replace, relocate or remove a solar-powered electricity-generating system within an historic district or visible from a public space within an historic district shall be subject to review by the Historic Preservation Commission, which shall recommend an appropriate balance between the goals of energy conservation and historic preservation in making its recommendation to the Planning Board prior to the Planning Board's hearing on the application.
A. 
General provisions.
(1) 
All signage within an historic district or on a designated historic landmark shall conform to all Zoning Code sign requirements as set forth in Chapter 196, § 196-31, and shall require a certificate of appropriateness or certificate of no effect issued by the Historic Preservation Commission upon application to, review and approval by the Historic Preservation Commission.
(2) 
All signage shall reflect the historical character of the area of the proposed sign placement and shall respect the size, scale and mass of the facade, building height and rhythms and sizes of windows and door openings.
B. 
Prohibited signs. The following signs shall not be approved for construction or installation in historic districts:
(1) 
Those signs prohibited by the Zoning Code, § 196-31C(2).
(2) 
Any sign, whether permanent or temporary, placed upon any historical building, structure, object or site in any manner that disfigures, damages or conceals any window, door, architectural feature or detail.
(3) 
Neon signs, whether attached to the exterior or to any part of the interior when positioned in such a way as to be visible from the pedestrian way, unless expressly permitted by the Historic Preservation Commission.
(4) 
Any attachment to an already affixed sign.
(5) 
Roof-mounted signs, except for existing signs that have been identified by the Historic Preservation Commission as having historical significance and value. A list of protected signs may be obtained from the administrative officer or the Commission Secretary.
C. 
Regulations and guidelines. All signs and awnings within historic districts shall comply with the following regulations:
(1) 
Wall signs must be constructed of quality materials, such as, but not limited to, wood, wood composite, brass, copper, steel, cast iron, and/or glass. Use of plastic or vinyl, except for temporary banners, will be discouraged.
(2) 
Fabric shall only be used for awnings. Fabric shall not be used for any permanent wall sign.
(3) 
Any identification, logos and/or lettering affixed to an awning should be painted or printed; heat-seal transfers will not be permitted.
(4) 
Sign, wall and awning colors should be selected from an historical palette. For additional guidance, see the Design Guidelines and Recommended Colors List available in the office of the Historic Preservation Commission or from the administrative officer.