A.
Unless otherwise expressly stated, the terms in § 148-6 shall, for the purposes of this chapter, have the meanings as herein defined.
B.
Any word or term not noted below shall be used with a meaning as
defined in Webster's Third New International Dictionary of the
English Language, unabridged, or its most recent edition thereof.
C.
Moreover, whenever a term is used in this chapter which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
as defined in N.J.S.A. 40:55D-1 et seq., unless specified to the contrary
in this chapter.
As used in this chapter 148, the following terms shall mean and include:
An extension or increase in the size, floor area, lot coverage,
or height of any individually designated historic building, structure,
site, object, improvement, or landmark.
A City employee, appointed by the Mayor, who is responsible
for various administrative duties as set forth in this chapter.
Any activity or proposed work, including demolition, shall
be deemed to be "affecting a designated historic landmark" if it alters
the exterior architectural appearance of an historic landmark or any
improvement within an historic district.
Any:
Change in the exterior features;
Rearrangement in the structural parts or in the existing facilities;
Addition;
Moving any building, structure, object, or improvement or combination
of them from one location or position to another;
Changes to the appearance of an exterior surface, other than
paint, except for new paint applied to historically unpainted surfaces;
Changes or modifications to its historic features;
An addition of a sign or the enlargement of any existing sign.
"Alterations" does not mean:
Painting or cleaning, except new paint applied to historically
unpainted surfaces;
Ordinary maintenance and repairs; or
Repairs on an existing property, site, building, structure,
or improvement, after a sudden disaster (such as a storm, flood, or
fire), for the limited purposes of protecting human life and human
safety, and, to the extent then possible, protecting the historic
resource from further damage.
A request to the Historic Commission made pursuant to this
chapter for the purposes of obtaining a certificate of appropriateness
or other action by the Historic Preservation Commission hereunder
specified.
An application to the Planning Board or the Zoning Board
of Adjustment of the City of Atlantic City for approval of a major
or minor subdivision, plat, or site plan, planned development, conditional
use, or zoning variance, or an application for the construction, reconstruction,
conversion, alteration, relocation, or enlargement of any building
or other structure, excavation, or landfill, or for any use, or change
in the use, of any building, or other structure, or of any parcel
of land, for which permission may be required pursuant to the Municipal
Land Use Law.
Any man-made structure created principally to shelter any
form of human activity as well as its functionally related appurtenances
or improvements such as a house and a barn. Human activity includes
business, education, habitation, manufacture, religion, shelter, storage,
trade, transportation, and the like.
The certificate issued by the Historic Commission which is
required prior to undertaking rehabilitation, restoration, renovation,
alteration, repair or demolition within an historic district or on
an individually designated historic structure and its accessory buildings
or structures, pursuant to this chapter.
Historic Preservation Commission.
The City government construction division employee(s) in
charge of the granting of building or construction permits in the
City.
Any buildings, structures, sites, objects or improvements
that are integral components of an historic district either because
they date from a time period which makes them historically significant
or because they represent an architectural type, period or method
which is historically significant.
The partial or total razing, dismantling, gutting, or destruction,
whether entirely or in part, of any designated property, site, building,
structure, object, or improvement, or the obliteration of any natural
feature. Demolition includes the removal of a property, site, building,
structure, object, or improvement from its location, or the removal,
or destruction, of its facade, surface, or cultural, historical, archaeological,
or architectural elements.
An individual building, structure, site, object, improvement or district which has been determined to have historical, architectural, archeological, cultural, engineering, aesthetic, or other significance pursuant to the provisions of § 148-12, Designation of historic landmarks and districts, and has been officially designated by ordinance.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alterations,
relocation, or enlargement of any building or structure, or of any
mining, excavation, or landfill, and any use, or change in the use,
of any building, or other structure, or land, or use of land, for
which permission may be required pursuant to the Municipal Land Use
Law (N.J.S.A. 40:44D-4).
Immediate repairs to preserve the continued habitability
and/or the health and safety of occupants or others, performed in
accordance with City codes without first obtaining a certificate of
appropriateness. A consultation with the Historic Preservation Commission
or its staff is still required for any work performed after the site
is secured for safety/health reasons.
The face or front of a structure or any vertical surface
thereof adjacent to a public way.
Having historical, cultural, architectural, archeological,
aesthetic, economic, engineering, social, or other significance as
defined by the provisions of this chapter, whether from an historic
or prehistoric era.
See "Administrative Officer."
See "Administrative Officer (Historic)."
A geographic area with distinctly definable boundaries composed
of several buildings or sites which:
Those resources classified as either "key," "contributing"
or "noncontributing", which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
CONTRIBUTINGBuildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and
NONCONTRIBUTINGAny buildings, structures, sites, objects or improvements which do not add to the historic architectural qualities, historic associations, or archaeological values for which an historic district is significant because:
They were not present during the period of significance; or
They longer possess historic integrity reflecting its character
at that time or are incapable of yielding important information about
the period due to alterations, disturbances, additions, or other changes;
or
They do not independently meet the National Register criteria.
Any building(s), structure, site, or object which:
Has a special character or special historical or aesthetic interest
as part of the development, heritage, or cultural characteristics
of the City, state, or nation; and
Which has been designated as a landmark pursuant to the provisions
of this chapter (see N.J.S.A. 40:55D-112); and
Which have been determined to meet one or more of the following
criteria:
Of particular historic significance to the City of Atlantic
City by reflecting or exemplifying the broad cultural, political,
economic, or social history of the nation, state or community; or
Associated with the historic personages important in national,
state, or local history; or
The site of an historic event which had a significant effect
on the development of the nation, state, or community; or
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
Representative of the work or works of a locally, regionally,
or nationally important or recognized builder, designer, artist, or
architect; or
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory
or history.
The Historic Preservation Commission established pursuant
to the provisions of this chapter; it acts as the Historic Preservation
Commission referred to in the Municipal Land Use Law and cited as
N.J.S.A. 40:55D-107 et seq., and as set forth in Chapter 180 of the
General Code of the City of Atlantic City.
Any prehistoric or historic district, site, building, structure,
or object included in or eligible for inclusion in the historic preservation
element of the Master Plan.
Any property, whether real or personal, man-made structure, natural object or configuration, or any portion or group of the foregoing of historical, archaeological, cultural, scenic, or architectural significance. (See N.J.S.A. 40:55D-4.) For the purposes of this chapter 148, "historic site" shall further mean such sites as have been identified in the Atlantic City Historic Sites Survey (per § 148-12) as meeting the above-listed criteria.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction of installation for a period of time not less than 120
continuous days.
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively to convey its significance.
An application for a certificate of appropriateness which
does not meet the requirements for a "minor work application" as defined
below.
The Master Plan of the City of Atlantic City, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of a key
or contributing resource in an historic district;
Does not involve an addition to a property in an historic district
or new construction in an historic district;
Is a request for approval of windows, doors, roofing, fences,
signs, awnings, porches, railings, steps, materials, finishes, exterior
lighting, solar panels, communication devices, sidewalks, paving,
or streetscape work and any other work subject to public view which
will not substantially affect the architectural characteristics of
the historic landmark or the historic district; or
The members of the Historic Preservation Commission that
may be appointed by the Chair at the annual organizational meeting,
or from time to time as needed. The MWRC shall consist of the HPC
Chair and two other members and shall be responsible for reviewing
minor applications and applicant exemption requests with the assistance
of the Historic Preservation Administrative Officer, the Construction
Division and any HPAC Consultant selected.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
A material thing of functional, aesthetic, cultural, historic,
scenic, engineering, archaeological, or scientific value that may
be, by nature or design, movable yet related to a specific setting
or environment.
The repair of any ordinary deterioration, wear, or damage
to a structure or any part thereof, from its intended, normal, operation,
or use, in order to return the same as nearly as practicable to its
condition, operation, and appearance prior to the occurrence of such
deterioration, wear, or damage with in-kind material and quality workmanship
and having the same appearance. "Ordinary maintenance and repair"
shall include routine maintenance or cyclical maintenance.
Any person having a right, title, or interest in any property
so as to be legally entitled, upon obtaining such permits and other
authorizations as may be required pursuant to law, to perform construction,
alteration, removal, demolition, or other work with respect to such
property. "Owner" shall include a person or legal entity that has
the actual or apparent authority from the owner to act on the owner's
behalf.
Any required approval, including, but not limited to, a certificate
of appropriateness, construction permit, demolition permit, or a zoning
permit. "Permit" shall also include all exterior work to be performed
on windows, doors, roofing, fences, signs, awnings, porches, railings,
steps, lighting and sidewalks and any other work subject to public
view which would alter the exterior appearance of historic landmarks
or properties located within an historic district or their sites.
The act or process of applying measures necessary to sustain
the existing form, integrity, archaeological resources and materials
of an historic property. Work, including preliminary measures to protect
and stabilize the property, generally focusing on characteristics
of the historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this particular activity; however, the limited and sensitive upgrading
of mechanical, electrical, and plumbing systems, and other code-required
work to make properties functional is appropriate within a preservation
activity (The Secretary of the Interior's Standards for the Treatment
of Historic Properties).
A system of comparative relationships with respect to size,
shape, and amount, especially in relation to the whole. Systems of
proportion govern the relationships between and among design aspects
of property, site, building, building elements, improvements, objects,
district, streetscape, and setting. Proportion applies at all scales.
Generally, the goal of a proportional system is to produce a sense
of order, coherence, and harmony between and among the parts, things,
or elements.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss, or attack, or to cover or shield the property
from damage or destruction.
The act or process of depicting, or reproducing, by means
of new construction, the form, features, and detailing of a nonsurviving
building, structure, site, object, improvement or landscape for the
purpose of replicating its appearance at a specific period of time
and in its historic location when documentary and physical evidence
is available (The Secretary of the Interior's Standards for the
Treatment of Historic Properties).
The act or process of making possible an efficient compatible
contemporary use for a property through repair, alterations, or additions,
while preserving those portions or features of the property that convey
its historical, cultural, archaeological, or architectural values
(The Secretary of the Interior's Standards for the Treatment
of Historic Properties).
To partially or completely cause a structure, building, improvement,
or object, or portion thereof, to change to another location, position,
station, or residence.
Any physical work done on an improvement that is not an addition
and does not change the exterior appearance, or historic or cultural
features, of any improvement; provided, however, that any such repairs
must be done with materials and workmanship of the same quality as
the existing materials and workmanship of the improvement.
The act or process of replicating any feature that is used
to substitute for an existing and deteriorated or extensively damaged
feature.
The act or process of accurately recovering the form, details,
features, and character of a property and its setting as it appeared
at a particular period of time. It may sometimes mean the removal
of features from other periods in its history and reconstruction or
replacement of missing features from the restoration period. The limited
and sensitive upgrading of mechanical, electrical, and plumbing systems
and other code-required work to make properties functional is appropriate
within a restoration project (The Secretary of the Interior's
Standards for the Treatment of Historic Properties).
The publication issued by the United States Department of
the interior, National Park Service, entitled: "The Secretary of the
Interior's Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings," issued in 1995 and revised from time to time.
Any place, real property, or part, or combination of properties,
whether public or private, with or without improvements, which is
the location of a significant event or series of events, a prehistoric
or historic occupation or activity, a trail, route, building, structure,
or object, or any configuration, portion, or group of the foregoing,
whether standing, ruined, or vanished, where the location itself possesses
historical, cultural or archeological value regardless of the value
of any existing building, structure, or object, above or below the
property's surface.
The visual character of the street, including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, color, sidewalks, curbing
and landscaping.
Any combination of materials used to form a construction for the purposes of occupancy, use, or ornamentation, having a fixed location, above or below the surface of land, or attached to something having a fixed location on, above, or below the surface of the land. For the purposes of this chapter 148, the word "structure" shall also include, but not be limited to, bridges, signs, fences, walls, and paving materials.
Any incident, natural or man-made, or a series of incidents,
that occurs without sufficient advance warning to take measures to
protect or preserve a property, land, building, site, object, or improvements,
which incident causes significant damage to a property, building,
site, object, or improvements thereon. Sudden disaster shall include,
without limiting the foregoing, fire, flood, or storm damage. Sudden
disaster does not mean deterioration; wear over time due to ordinary
use; or damage related to neglect, failure, or willful refusal, by
a property owner or occupant, to perform ordinary maintenance and
repairs and preservation in a timely or workmanlike manner; or failure
to take protective measures when there are advance warnings of impending
disaster. The existence of a "sudden disaster" shall be determined
by a Construction Official and/or Historic Commission Administrative
Officer in consultation with the Chair of the Historic Preservation
Commission.
The process of identifying and gathering data on the City's
resources for the assessment of their historical, architectural, archaeological,
aesthetic, cultural, engineering, social, or other significance.
The view by the public of a building, structure, site, object,
improvement, or landscape, from any point on a street, road or walkway
which is used as a public thoroughfare, either vehicular and/or pedestrian.
A vista means a view from a location on, near, or within a building,
structure, site, object, improvement, or a landscape.
