To safeguard the heritage of the City by preserving resources
that reflect elements of its archaeological, cultural, social, economic,
architectural, and historical heritage;
To encourage the continued use of historic sites and to facilitate
their appropriate reuse;
To maintain and develop a harmonious setting for the historically
significant buildings, structures, sites, objects, and districts;
To prevent the unnecessary demolition of historic resources;
To encourage appropriate alterations of historic sites and improvements
within historic districts;
To prevent new construction which is not in keeping with the
historic sites or districts;
To encourage proper maintenance and preservation of historic
settings and landscapes so as to protect the values of Ocean City
as an attractive area for permanent and seasonal residences;
To protect and enhance property values;
To promote civic pride in, and appreciation of, Ocean City's
historic resources for the education, pleasure and welfare of its
citizens; and
[Ord. #89-24]
To foster beautification and private re-investment.
Shall mean an extension or increase in building size, floor
area or height of a building.
Shall be the Construction Code Official.
A change or rearrangement in the structural parts or in the
means of egress; or an enlargement, whether by extending on a side
or by increasing in height; or the moving from one (1) location or
position to another.
Shall mean a request to the Historic Preservation Commission
completed on forms available from the Administrative Officer or the
Commission, to review a proposal for addition, alteration, demolition
or other work on any structure or property located in an historic
district, for purposes of obtaining certification by the Commission
that the application is acceptable in terms of the review standards
set forth in this Article. Application shall include review on a development
application, referral of a permit and any other request for Commission
action.
Shall entail work the total cost of which does not exceed
five hundred ($500.00) dollars.
Shall mean the partial or total razing, dismantling or destruction
of any historic site or any improvement within an historic district.
Shall mean one (1) or more historic sites and certain intervening
or surrounding property significantly affecting or affected by the
quality and character of the historic site or sites, as specifically
designated in this Article.
Shall mean any real property, man-made structure, natural
object, or configuration of any portion or group of the foregoing
of historic, archaeological, cultural or architectural significance
as specifically designated in this Article.
Shall mean any structure or any part thereof installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation.
Shall mean the authenticity of a property's historic identity,
evidenced by the survival of physical characteristics that existed
during the property's historic or prehistoric period.
Shall mean any person, whether residing within or without
the City, whose right to use, acquire, or enjoy property is or may
be affected by any action taken under this Article, or whose rights
to use, acquire, or enjoy property under this Article or under any
other laws of this State or of the United States have been denied,
violated or infringed by an action or a failure to act under this
Article.
Shall mean a list of historic properties determined to meet
specified criteria of significance.
Shall mean the Master Plan of the City of Ocean City dated
February 13, 1988, as the same may be amended from time to time.
Shall mean the established criteria for evaluating the eligibility
of properties for inclusion in the National Register of Historic Places.
Shall mean structures or improvements that detract from the
significance of the district due to incompatible scale, massing, siting,
and/or materials.
Shall mean repair of any deterioration, wear, or damage to
a structure, in order to return the same, as nearly as practicable,
to its condition prior to the occurrence of such deterioration, wear,
or damage with materials and workmanship of the same quality. Ordinary
maintenance shall further include replacement of exterior elements
or accessory hardware, including signs, using materials and workmanship
having the same appearance.
Shall mean any required City approval for exterior work to
any structure or property in an historic district which exterior work
will be subject to a public view, including, but not limited to, a
Building Permit. Permit shall include but is not necessarily limited
to a Building Permit, a Demolition Permit, a permit to move, convert,
relocate or remodel or to change the use or occupancy of any structure
or property in an historic district. Permit shall also include all
exterior work subject to public view on fences, signs, porches, railing
and steps for any structure or property in an historic district.
Shall mean the act or process of applying measures to sustain
the existing form, integrity and vegetated cover of a site. It may
include initial stabilization work, where necessary, as well as ongoing
maintenance of the historic building materials.
Shall mean the act or process of applying measures designed
to affect the physical condition of a property by defending it or
guarding it from deterioration, loss or attack, or to cover or shield
the property from danger or injury.
Shall mean the act or process of reproducing by new construction
the exact form and detail of a vanished building, structure or object,
or any part thereof, as it appeared at a specific period of time.
Shall mean the act or 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 or features
of the property which are significant to its historical, architectural
and cultural values.
Shall mean any work done on an improvement that is not an
addition and does not change the exterior appearance of any improvement,
provided, however, that any such repairs must be done with materials
and workmanship of same quality.
Shall mean the partial or complete removal of a structure.
Shall mean the act or process of accurately recovering the
form and details of a property 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.
Shall mean a combination of materials to form a construction
for occupancy, use, or ornamentation whether installed on, above or
below the surface of a parcel of land.
Shall mean the formal catalog of documented historic properties
and sites determined to meet specified criteria entitled "_____________
" and adopted by the Commission and incorporated into the Master Plan
of Ocean City.
[Ord. #89-24; Ord. #93-2, S1]
(1) With respect to commercial property, including property
rented for residential use, the inability of the applicant to realize
a reasonable return on the property without the proposed work; (2)
With respect to property which is devoted to a not-for-profit purpose
and is exempt from local property taxes, the inability of the applicant
to carry out such purpose without the proposed work; and (3) With
respect to owner-occupied residential property, the inability of the
applicant to continue owner-occupied residential use without the proposed
work,
[Ord. #89-24]
The Historic Preservation Commission of Ocean City (the "Commission")
is hereby established pursuant to N.J.S.A. 40:55D-107 et seq.
[Ord. #89-24]
a.
There is hereby established an Historic Preservation Commission
whose members shall serve without compensation.
b.
The Commission shall consist of seven (7) regular members and
two (2) alternate members, appointed by the Mayor. At least three
(3) of the regular members shall be of and designated as Class A and
B. The remaining regular members may be Class C and designated as
such. The two (2) alternates must meet the qualifications of Class
C and shall be designated Alternate No. 1 and Alternate No. 2. The
Classes are defined as:
1.
Class A — a person who is knowledgeable in building and
design and construction or architectural history and who may reside
outside Ocean City.
2.
Class B — a person who is knowledgeable of, or who has
a demonstrated interest in, local history and who may reside outside
Ocean City.
3.
Class C — any citizen of Ocean City who shall hold no
other municipal office, position or employment except for membership
on the Planning Board or Board of Adjustment.
d.
All subsequent appointments of regular members shall be for
a term of four (4) years or until the appointment and qualification
of a successor.
f.
All subsequent appointments of alternate members shall be for
a term of two (2) years or until the appointment and qualification
of a successor.
g.
Notwithstanding any other provision, the term of any member
who is also a member of the Planning Board or Board of Adjustment
shall be coterminous with his or her membership on the Planning Board
or Board of Adjustment.
h.
A vacancy occurring otherwise than by expiration of the term
shall be filled within sixty (60) days for the unexpired term only.
[Ord. #89-24]
a.
The Commission shall elect from its membership a Chairperson
and Vice-Chairperson. A Secretary shall also be appointed, who may
or may not be a member of the Commission.
b.
The Commission shall establish a regular schedule of meetings,
with at least one (1) meeting per quarter. Additional meetings may
be called by the Chairperson or Vice-Chairperson as required to meet
the needs of business, to handle emergencies, or to meet time constraints
imposed by law.
c.
A quorum for the transaction of business shall be four (4) members.
A majority vote of those present and voting shall prevail but not
less than a majority of the full regular membership of the Commission
may grant or change an historic designation or grant a demolition
permit.
d.
The Commission's Secretary shall keep minutes and records of
all meetings and proceedings, including voting records, attendance,
resolutions, decisions, and applications.
e.
In order to make available to the public information useful
to the preservation and protection of historic buildings, places,
landmarks and structures, and provide the basis for consistency of
policy in decision making, the Commission shall maintain complete
files and records including, but not limited to, data used in the
classification of buildings, places and structures, minutes of Commission
meetings, records of applications for permits and development reviews,
along with collateral data, decisions and appeals associated therewith
and information, materials and references submitted by the public
relating to historic preservation. All Commission records and minutes
shall be made public records as provided by law, and all Commission
meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-7, et seq.).
f.
The Commission shall adopt written by-laws and procedures for
the transaction of its business and for the consideration of applications.
g.
No member shall be permitted to act on any matter in which he
or she has, either directly or indirectly, any personal or financial
interest. A member may be removed by the governing body of Ocean City
for cause but only after a public hearing if he or she requests one.
h.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
[Ord. #89-24; Ord. #93-2, § 2]
a.
The City Council shall make provision in its budget and appropriate
funds for the expenses of the Commission. The Commission may employ,
contract for, and fix the compensation of experts and other staff
and services as it shall deem necessary. The Commission shall obtain
its legal counsel from the City Attorney at the rate of the compensation
determined by City Council, unless City Council, by appropriation,
provides for separate legal council for the Commission. Expenditures
pursuant to this section shall not exceed, exclusive of gifts and
grants, the amount appropriated by the City for the Commission's use.
b.
The Commission shall appoint a consultant who is a recognized
professional in the field of architectural history, historic preservation
or similar discipline to advise the Commission on matters before it
as the Commission may deem necessary to assist it in rendering its
decision.
c.
The City Planning and Construction Officials shall provide such
technical administrative and clerical assistance as the Historic Preservation
Commission shall require. For budgeting and purchasing purposes, however,
the Commission shall be allocated its own budget.
[Ord. #89-24; Ord. #93-2, § 3]
It shall be the responsibility of the Commission to:
a.
Identify, record and maintain a system to survey and inventory
all building sites, places, landmarks and structures of historical
or architectural significance, based on the "Secretary of the Interior's
Standards and Guidelines for Archeology and Historic Preservation"
(Standards and Guidelines for Identification) and to aid the public
in understanding their worth, methods of preservation, techniques
of gathering documentation and related matters;
b.
Make recommendations to the Planning Board and City Council
in the preparation and periodic updating of the Historic Preservation
Element of the Master Plan, including but not limited to the addition
or deletion of historic sites and districts identified in the City's
Master Plan;
c.
Make recommendations to the Planning Board and City Council
on the historic preservation implications of any plan element of the
Master Plan which has been or may be adopted;
d.
Recommend to the City Council sites and districts to be designated through amendment of the Zoning Ordinance in accordance with the criteria and procedures for designation set forth in § 25-1800.4 of this Article;
e.
Advise the Planning Board and Board of Adjustment on development and zoning applications for properties in designated districts and sites, in accordance with the procedures established in § 25-1800.6 of this Article;
f.
Review all permit applications affecting designated districts and sites, and provide written reports to the Administrative Officer, in accordance with the procedures established in § 25-1800.7 of this Article;
g.
Provide advisory, educational, and informational services to
promote historic preservation in the City;
h.
Draft and recommend to City Council and the Planning Board ordinances
or amendments to existing ordinances that would resolve any conflicts
which may exist between the design standards of the Historic Preservation
Ordinance and the building or zoning regulations of the City;
i.
Purchase estates, easements, rights, restrictions and less than
fee acquisitions, subject to final approval of City Council and at
the direction of City Council, and to acquire grants, assistance or
aid either outright or in exchange in order to further the intent
and purpose of this Article and the welfare of the City provided that
if there is any monetary obligation to the City in any way, City Council
approval will be obtained. In any circumstances in which City Council
approval is required, the Commission may negotiate and recommend such
arrangements and will assist the Council in acquiring such easements
or rights;
j.
Advise City Council and the Planning Board on the relative merits
of proposals involving public funds to restore, preserve and protect
historic buildings, places and structures including the preparation
of long range plans therefor, securing State, Federal and other grants
and aid to assist therein and to monitor such projects once underway;
k.
Advise and assist City officers, employees, Boards and other
bodies including those at the County, State and Federal levels on
all matters which have potential impact on the historic buildings,
places, structures and districts in the City or on the physical character
and ambience of a district;
l.
To cooperate with local, County, State or National historical
societies, governmental bodies and organizations to maximize the contributions
to the intent and purposes of historic preservation;
m.
To recommend to applicable County, State and Federal agencies,
where appropriate, and with City Council approval recognition of historic
districts;
n.
To recommend to applicable County, State and Federal agencies,
where appropriate, recognition of historic buildings, landmarks, places
and structures and to review National Register nominations;
o.
To request the City Council to seek on its motion or otherwise
injunctive relief for violations of this Article or actions contrary
to the intent and purposes of this Article.
[Ord. #89-24]
The survey shall be used as a basis for identifying sites and
districts worthy of designation. The Commission shall consider for
designation districts and sites that have integrity of location, design,
setting, materials, workmanship, and association, and that meet one
(1) or more of the following criteria:
a.
Character, interest, or value as part of the development, heritage,
or cultural characteristics of the City, State, or Nation;
b.
Identification with a person or persons who significantly enriched
the City, State, or Nation;
c.
Site of an historic event which had significant effect on the
development of the City, State, or Nation;
d.
Embodiment of distinguishing characteristics of a type, period,
or method of construction, architecture, or engineering;
e.
Identification with the work of a builder, designer, artist,
architect, or landscape architect whose work has influenced the development
of the City, State, or Nation;
f.
Embodiment of elements of design, detail, materials or craftsmanship
that render a site architecturally significant or structurally innovative;
g.
Unique location of singular physical characteristics that make
a district or site an established or familiar visual feature;
h.
Likely to yield information important in prehistory or history.
[Ord. #89-24]
Based on the Commission's review of the survey or upon the recommendations
of other City agencies, or of interested parties, the Commission shall
consider designation of a district or a site according to the procedures
outlined below:
a.
The Commission or interested party shall prepare a nomination
report for each proposed district or site. For Historic District designations,
the report shall include a building-by-building inventory of all properties
within the district; photographs of representative properties within
the district; a property map of the district showing boundaries; and
a physical description and statement of significance for the district.
For historic site designations, the report shall include one (1) or
more photographs; the tax lot and block number of the property as
designated on the Official Tax Map; and a physical description and
statement of significance and proposed utilization for the site;
b.
The Commission shall schedule a public hearing on the proposed
designation of a district or site. At least ten (10) days prior to
the hearing the Applicant for Designation or the Commission, as the
case may be, shall by personal service or certified mail:
1.
Notify each owner of a proposed historic site or of property
within a proposed historic district that his or her property is being
considered for historic designation and the reasons therefor;
2.
Advise each owner of the significance and consequences of such
designation, and of his or her rights to contest such designation;
and
3.
Notify each owner of the date, time and place of the hearing;
c.
Public notice of the hearing shall be given at least ten (10)
days prior to the hearing by publication in the official newspaper
of the City. A copy of the nomination report shall also be made available
for public inspection in the City Clerk's Office at least ten (10)
days prior to the hearing;
d.
Upon Commission review and approval of the proposed Historic
District or site designation, the Commission shall forward its report
to the City Council. The City Council shall refer the report to the
Planning Board, which in turn shall report to the City Council within
thirty-five (35) days. The City Council may disapprove or change any
Planning Board recommendation by a vote of a majority of its full
authorized membership and shall record in its minutes the reasons
for not following such recommendation. Failure of the Planning Board
to transmit its report within the thirty-five (35) day period provided
herein shall relieve the City Council of its obligations relating
to referral of such a report to the Planning Board. City Council action
on Historic District or historic site designations shall be otherwise
subject to those procedures and statutes which apply to a change of
a zoning designation and the adoption, revision, or amendment of any
development regulation;
e.
Notice of designation shall be made public by publication in
the official newspaper of the City Council and distribution to all
municipal agencies reviewing development applications and permits.
A certificate or letter of designation shall be sent to each owner
affected by the designation; and
f.
A protest of a proposed historic district signed by twenty percent
(20%) or more of the property owners within that Historic District;
or by the owners of a property on which there is a proposed historic
site outside of a proposed or existing Historic District, may be filed
with the City Clerk. Such designation shall not become effective following
the filing of such a protest except by the favorable vote of two-thirds
(2/3) of all members of the City Council.
[Ord. #93-2, § 4]
The City of Ocean City does hereby designate an historic district
as shown on a certain map "Proposed Historic District, City of Ocean
City, Cape May County, New Jersey dated January 8, 1993" and the same
is attached hereto as Schedule A and made a part hereof.[1]
[1]
Editor's Note: Schedule A, referred to herein, may be found
on file in the office of the City Clerk attached to Ordinance No.
93-2.
[Ord. #89-24; Ord. #93-2, § 5]
A permit issued by the Administrative Officer shall be required, subject to the exceptions described in § 25-1800.5.2 below, for any of the following, or in the event no Building Permit is required, before any work can commence on any of the following activities involving an historic site, property or within any Historic District:
a.
Demolition of any building, landmark, place, improvement or
structure;
b.
Relocation of any building, landmark, place, improvement or
structure;
c.
Change in the exterior appearance of any building, landmark,
place, improvement or structure by addition, alteration, maintenance,
reconstruction, rehabilitation, repair, replacement or restoration,
which change is visible to the public from a named or numbered street.
d.
Any new construction of a principal or accessory structure.
e.
Changes in existing walls, fences, porches, railings, steps
or signs or construction of any walls, fences, porches, railings,
steps or signs, if visible to the public from a named or numbered
street.
[Ord. #89-24]
A permit issued by the Administrative Officer is not required
for:
a.
Changes to the interiors of structures;
b.
Changes not visible to the public other than a relocation or
demolition; and
c.
Repair, or exact replacement of any existing improvement provided
that the work does not alter the exterior appearance of the structure.
In the event, however, that previous noncontributing or disharmonious
repair work is being replaced, such repair or replacement is permitted
only if the repair or replacement returns the structure to its original
condition. The following are some of the activities which are permitted
as repairs:
1.
Identical replacement of existing windows and doors;
2.
Repairs of existing windows and doors and the installation of
storm doors and windows that do not change their design, scale, or
appearance;
3.
Maintenance and repair of existing roofing materials involving
no change in the design, scale, or appearance of the structure;
4.
Structural repairs which do not alter the exterior appearance
of the structure;
5.
Replacement of existing clapboards, shingles, or other siding
with identical material;
6.
Maintenance and repair of existing clapboards, shingles, or
other siding (including masonry) involving no change in the design,
scale or appearance of the structure; and
7.
Exterior or interior painting of existing structures.
[Ord. #89-24; Ord. #93-2, § 6]
When a structure or improvement requires immediate repair to
preserve the continued habitability of the structure and/or health
and safety of its occupants or others, emergency repairs may be performed
in accordance with City Codes, without first obtaining a permit. Under
such circumstances, the repairs performed shall be only such as are
necessary to protect the health and safety of the occupants of the
structure, or others, and/or to maintain the habitability of the structure.
A request for the Commission's review shall be made simultaneously
with the onset of emergency work, and no work in addition to the emergency
repairs shall be performed on the structure until an appropriate request
for approval is made and approval is obtained in accordance with the
procedures set forth in this Article. All work done under this section
shall conform to the criteria set forth in this Article.
[Ord. #89-24; Ord. #93-2, § 7]
a.
At the request of applicants considering action that may require
Commission review, the Commission shall grant an informal review of
a concept plan for the proposed undertaking. Neither the applicant
nor the Commission shall be bound by any informal review.
b.
Minor applications as defined herein may be granted by the Chairman
of the Commission. In the case of other minor projects not constituting
minor applications but involving exterior repairs or alterations which
have no significant impact, the Commission, if the preliminary data
and drawings are sufficiently complete, may recommend approval at
an informal meeting.
[Ord. #89-24]
a.
Applications shall be made on forms available in the office
of the Administrative Officer in Ocean City Town Hall. Completed applications
shall be delivered or mailed to the Administrative Officer at Ocean
City Town Hall.
b.
Persons interested in obtaining Commission approval of proposed
work covered by the provisions of this Ordinance are encouraged to
apply directly to the Commission for review and approval. At the request
of any such person, the Commission shall schedule a hearing.
c.
The Commission shall advise the applicant in writing of the
time, date, and place of the meeting at which his or her application
is to be reviewed.
d.
Applications shall include a completed application form which
contains a precise written description of the proposed work or activity
and any of the following as may be required by the Commission:
1.
Photographs of the existing structure or lot;
2.
Scaled drawings showing site plan layout, facade elevations,
and specifying materials;
3.
For new construction applications, a streetscape elevation drawn
to scale, showing the new structure in the context of neighboring
buildings;
4.
For large projects, working drawings;
5.
The Commission may require the submission of additional information
reasonably necessary to reach an informed decision.
e.
An applicant shall not be required to appear or to be represented
at any meeting of the Commission at which the Commission will consider
the application for a permit or the application for development.
f.
The Commission shall issue a written report on any application
for a permit, whether approved, approved with conditions or disapproved.
Such written report may be stated in resolution form and shall be
provided to the Administrative Officer within the time periods set
forth in this section.
g.
If the Commission submits a written report on an application
for development, it shall make a copy of said report available to
the applicant.
h.
When an approval has been issued, the Administrative Officer
shall, from time to time, inspect the work approved by the Commission
and report to the Commission any work not in accordance with such
resolution of approval.
i.
An approval of a permit shall be valid for a period of one (1)
year from date of issuance unless reasonable extensions are granted
by the Commission.
[Ord. #89-24; Ord. #93-2, § 8]
The Planning Board and Board of Adjustment shall make available
to the Commission an informational copy of every application submitted
to either Board for development and/or zoning changes in historic
districts or on historic sites designated on the zoning map or in
the Historic Preservation Element of the Master Plan. The appropriate
Board shall forward a copy of the complete application to the Commission
when the application for development has been deemed complete or is
scheduled for a hearing, whichever occurs sooner.
[Ord. #89-24]
On all applications for development referred to it, the Commission
shall immediately determine the time period within which the Planning
Board or Zoning Board must act on the application and the Commission
shall assure that its report or advice to the Planning Board or Zoning
Board is rendered in a timely fashion so as to allow those agencies
adequate time to consider and respond to the content of the report.
[Ord. #89-24]
The Commission may make its recommendations to the appropriate
Board in the form of a written report, and it shall convey its advice
through delegation of one (1) of its members or staff to testify orally
at any hearing on the application and to explain any written report
which may have been submitted.
[Ord. #89-24]
The Commission's recommendations shall focus on how the proposed undertaking would affect a site or district's historic or architectural significance as outlined in § 25-1800.4 of this Article. In considering the Commission's recommendations, the Planning Board and Board of Adjustment shall be guided by the review standards referenced in § 25-1800.8 of this Article.
[Ord. #89-24]
On all matters referred to the Commission which require approval
or action by the Planning Board or Board of Adjustment, the decision
of the Commission shall be a recommendation only, which may be approved,
disapproved or amended by the Planning Board or Board of Adjustment.
In the event that the Planning Board or Board of Adjustment should
disapprove or amend the decision of the Commission, it shall state
its reasons therefor at a public hearing and in its resolution or
memorialization.
[Ord. #89-24]
The Administrative Officer shall refer all applications for
permits pertaining to regulated activities on an historic site or
within an Historic District to the Commission for a written report
on the application of the Zoning Ordinance provisions concerning historic
preservation to any of those aspects of the change proposed which
were not determined by approval of an application for development
by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. The permit review shall include all relevant aspects
of the design criteria and guidelines as they apply to the proposal,
regardless of whether said aspects were considered by the Planning
or Zoning Board in the development application process.
[Ord. #89-24]
The Commission shall submit its written report on the application
to the Administrative Officer as soon as possible but no later than
forty-five (45) days of his referral of the application to the Commission.
[Ord. #89-24]
If within the forty-five (45) day period the Commission recommends
to the Administrative Office against the issuance of a permit or recommends
conditions to the permit to be issued, the Administrative Officer
shall deny issuance of the permit or include the conditions in the
permit, as the case may be.
[Ord. #89-24]
Failure of the Commission to report within the forty-five (45)
day period shall be deemed to constitute a report in favor of issuance
of the permit and without the recommendation of conditions to the
permit.
[Ord. #89-24; Ord. #93-2, § 9]
Nothing herein shall prohibit an extension of time by mutual
written agreement of the applicant and the Commission.
[Ord. #89-24; Ord. #93-2, § 10]
In regard to all applications, the Commission shall be guided
by "The Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings", (1990), as may
hereafter be amended and which are incorporated herein by reference.
The following standards for rehabilitation are set forth herein for
convenience:
a.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
b.
New additions and adjacent or related new construction shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
c.
Construction of historic designs that were never built shall
not be undertaken.
d.
New additions, alterations or new construction in an historic
landscape shall be visually differentiated from the old and shall
be compatible with the historic character of the landscape.
e.
Replacement of missing historic plant material or vegetation
features shall be substantiated by documentary or physical evidence.
The replacement plant material or features shall match the historic
appearance, function and where possible, species or variety.
f.
A property shall be used for its historic purpose, or shall
be placed in a new use that requires minimal change to the defining
characteristics of the property and its environment.
g.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
h.
Each property shall 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 historic features
from other properties shall be avoided.
i.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
j.
Distinctive materials, features, finishes and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved, when not cost prohibitive.
k.
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary
or physical evidence.
l.
Chemical or physical treatments, such as sandblasting that cause
damage to historic materials shall not be used. The surface cleaning
of structures, if appropriate, shall be undertaken using the gentlest
means possible.
m.
Significant archeological resources shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be
undertaken.
[Ord. #89-24; Ord. #93-2, § 11]
In regard to applications for new construction, additions and
alterations, in addition to those applicable standards for rehabilitation,
visual compatibility factors shall be considered by the Commission.
The following factors shall be used in determining the visual compatibility
of a building, structure or appurtenance thereto with the buildings
and places to which they are visually related:
a.
Height of the proposed building shall be visually compatible
with buildings and places to which it is visually related.
b.
Proportion of Building's Front Facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
c.
Proportion of Openings Within the Facility. The relationship
of the width of windows to the height of windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
d.
Rhythm of Solids to Voids in Front Facades. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the buildings and places to which it is visually related.
e.
Rhythm of Spacing of Buildings on Streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
f.
Rhythm of Entrance and/or Porch Projections. The relationship
of entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
g.
Relationship of Materials and Texture. The relationship of materials
and texture of the facade and roof of a building shall be visually
compatible with the pre-dominant materials used in the buildings to
which it is visually related.
h.
Walls of Continuity. Appurtenances of a building such as walls,
open type fencing and evergreen landscape masses shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the building with the buildings and places
to which it is visually related.
i.
Scale of Building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
j.
Directional Expression of Front Elevation. A building shall
be visually compatible with buildings and places to which it is visually
related and its directional character whether this be vertical character,
horizontal character or nondirectional character.
[Ord. #89-24]
In regard to application to demolish or move an historic building,
landmark, place, or structure, the following matters shall be considered:
a.
Its historical, architectural and aesthetic significance.
b.
Its use.
c.
Its importance to the City and the extent to which its historical
or architectural value is such that its removal will be detrimental
to the district and/or to the public interest.
d.
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.
e.
The extent to which its retention would promote business, create
new positions, attract tourists, students, writers, historians, artists
or artisans, encourage study and interest in American history, stimulate
interest and study in architecture and design, educate citizens in
American culture and heritage or make the City a more attractive and
desirable place in which to live.
f.
The probable impact of its removal upon the ambience of the
Historic District.
g.
The structural soundness and integrity of the building and the
economic feasibility of restoring or rehabilitating the structure
so as to allow for a reasonable use of same.
h.
Whether there is any threat to the public health and safety
as a result of deterioration or disrepair of the building or structure.
i.
The technological feasibility of rehabilitating the structure.
j.
The intended use of the property.
k.
Whether interference with the charitable purposes of any nonprofit
or charitable organization will result if the building is not demolished.
l.
The use for which the building was designed and the feasibility
of utilizing same for its design use.
[Ord. #93-2, § 12]
All permits or actions requiring a Certificate of Appropriateness
and all applications for development in historic districts or for
historic sites shall be governed by the design guidelines for historic
districts and sites entitled "Guidelines and Recommendations For Architectural
Review in the Ocean City Historic District 1992" which are set forth
in Schedule B annexed to this Article. The guidelines are an integral
part of the Article and are incorporated as if set forth at length.[1]
[1]
Editor's Note: Schedule B., referred to herein, may be found
on file in the office of the City Clerk attached to Ordinance No.
93-2.
[Ord. #89-24]
Issuance of an approval of a permit shall be deemed to be final
approval pursuant to this Article. Such approval shall neither cause
nor prevent the filing of any collateral application or other proceeding
required by any other City Ordinance to be made prior to undertaking
the action requested concerning the historic site or the structure
in an Historic District.
[Ord. #89-24]
Denial of a permit shall be deemed to preclude the applicant
from undertaking the activity applied for.
[Ord. #89-24; Ord. #93-2, § 13]
The granting or denial of a permit may be appealed to the Board
of Adjustment in the same manner as an appeal is taken pursuant to
N.J.S.A. 40:55D-70(a). Nothing herein shall be deemed to limit the
right of judicial review of the City action after an appeal is concluded
by the Board of Adjustment. If the Board of Adjustment determines
there is an error in the decision made by the Administrative Officer
pursuant to the report submitted by the Commission, the Board of Adjustment
shall include the reasons for its determination in the findings of
its decisions thereon.
[Ord. #01-14, § 1]
In the event the Commission grants an application for demolition,
or in the event an appeal is taken to the Zoning Board of Adjustment
whose decision is to grant an application for demolition, no demolition
permit shall be issued for a period of seven (7) days following the
later date of the decision by the Commission or the Zoning Board of
Adjustment, if an appeal is taken to the Board of Adjustment.
[Ord. #89-24; Ord. #93-2, § 14]
In the event that the Commission disapproves an application
for a permit to demolish an historic 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:
a.
The owner has applied for the necessary permit and has received
notice of denial of same from the Commission and has appealed said
denial to the Zoning Board of Adjustment, which has affirmed the denial.
b.
The owner has met the following notice requirements:
1.
Notice of the proposed demolition has been posted on the premises
of the building, place or structure throughout the notice period in
a location such that it is clearly readable from the street.
2.
Applicant has published a notice in the official newspaper of
the City within the first ten (10) days of the notice period, within
not less than ten (10) nor more than fifteen (15) days prior to the
expiration of the notice, and at least once each ninety (90) days
between the above first and last notifications, if the notice period
is six (6) months or longer.
c.
The period of time during which notice must be given in the
manner herein set forth shall be known as the Notice. It shall commence
on the tenth (10th) day following the date of the notice of denial
received from the Zoning Board of Adjustment after an appeal has been
decided and such notice period shall run for a period of time of six
(6) months.
d.
The owner has during the notice period, and at a price reasonably
related to its fair market value, made a bona fide offer to sell such
building, place or structure and the land pertaining thereto to any
person or organization, government or agency thereof or political
subdivision or agency thereof, which gives reasonable assurance that
it is willing to preserve the building, place or structure and the
land pertaining thereto.
e.
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 d above.
f.
The 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 ten (10)
days thereafter. During the notice period the Commission shall consult
with the City Council, the New Jersey Department of Environmental
Protection or other similarly qualified organizations to ascertain
how the City may preserve the premises to be demolished. The Commission
shall be empowered to assist the owner in developing plans to preserve
the structure when moving or demolition thereof would be a loss to
the City. The Commission shall be empowered to negotiate with the
applicant to see if an alternative to demolition can be found and
may require the applicant to prepare a financial analysis which may
include any or all of the following:
1.
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 from
whom the property was purchased;
2.
Assessed value of the land and improvements thereon according
to the most recent assessment;
3.
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record;
4.
All appraisals obtained by the owner in connection with his
purchase or financing of the property, or during his ownership of
the property;
5.
Bona fide offers for the property for sale or rent, price asked,
and offers received, if any, and
6.
Any consideration given by the owner as to profitable, adaptive
uses for the property.
The Commission shall study the question of undue hardship for
the applicant and shall determine whether the site or the property
in the Historic District can be put to reasonable beneficial use without
the approval of the demolition application.
[Ord. #89-24]
Any person violating any of the provisions of this Article shall
upon conviction thereof be subject to the penalties herein.
[Ord. #89-24]
A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
[Ord. #89-24]
Any person who shall undertake any activity without approval
required by this Ordinance, shall be deemed to be in violation of
this Article.
[Ord. #89-24]
Upon learning of the violation, the Administrative Officer shall
personally serve upon the owner of the property whereon the violation
is occurring a notice describing the violation in detail and giving
the owner ten (10) days to abate the violation by restoring the site
or improvement to the condition it was in prior to the violation.
If the owner cannot be personally served within the City with said
notice, a copy shall be posted on the site and copy sent to the owner
at his or her last known address.
[Ord. #89-24; Ord. #93-2, § 15]
In the event that the owner does not begin to abate the violation as set forth in § 25-1800.11.4, the Administrative Officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
[Ord. #89-24]
If any person shall undertake any activity requiring a permit and report of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the affected historic site or improvement pending a decision. If the work is denied, he or she shall immediately restore the affected historic site or improvement to its preactivity status. The Administrative Officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court, not less than ten (10) days after the delivery of notice pursuant to § 25-1800.11.4 hereof.
[Ord. #89-24]
In the event that any action which would permanently and adversely
change an historic site or Historic District, or a demolition or removal
of an historic site or improvement is about to occur without approval
having been issued, the Administrative Officer is empowered to apply
to the Superior Court of New Jersey for injunctive relief as is necessary
to prevent such actions.
[Ord. #89-24]
In addition to the remedies provided above, a person convicted
of a violation of this Article before a court of competent jurisdiction
shall be subject to a penalty as follows:
a.
For each day up to ten (10) days, not more than twenty-five
dollars ($25.00) per day.
b.
For each day between eleven (11) to twenty-five (25) days, not
more than fifty dollars ($50.00) per day.
c.
For each day beyond twenty-five (25) days, not more than seventy-five
dollars ($75.00) per day.
d.
For each day beyond twenty-five (25) days, a jail term, not
to exceed ninety (90) days may be imposed.
[Ord. #89-24]
Recognizing the need for preventive maintenance to insure the
continued useful life of landmarks and structures in Historic Districts,
the City Council hereby declares that Code enforcement for such landmarks
and structures in Historic Districts is a high municipal priority.
[Ord. #89-24]
In the event that any landmark or improvement in an Historic
District deteriorates to the point that in the best estimate of the
Administrative Officer, the cost of correcting the outstanding Code
violations equals more than twenty-five percent (25%) of the cost
of replacing the entire improvement on which the violation occurs,
the Administrative Officer shall serve personally or by certified
mail, return receipt requested, a notice on the owner of the property
listing the violations, the estimate for their abatement, and the
replacement cost of the improvements, and stating that if the owner
does not take all necessary remedial action within sixty (60) days,
or such extensions as the Administrative Officer shall for good cause
grant, the City of Ocean City's designated official may, at the expiration
of said sixty (60) days enter upon the property and abate such violations
and cause the cost thereof to become a lien on the property.
[Ord. #89-24]
Upon receipt of such notice, the owner may within ten (10) days
after such receipt notify the Administrative Officer of his or her
intentions to have a hearing as to the allegations and estimates set
forth in the notice. Such hearing shall be conducted by the Commission
and shall, so far as possible, be a formal adversary proceeding in
which the Administrative Officer shall establish the matters alleged
in the notice by a preponderance of the evidence.
[Ord. #89-24]
If the owner does not request a hearing, the procedure set forth
in the above Section shall be binding. If a hearing is requested,
the Administrative Official will within ten (10) days following the
hearing, serve on the owner an opinion in writing setting forth his
conclusions and the reasons therefor. Such opinion shall be deemed
to be a first notice pursuant to this section.
[Ord. #89-24]
Thereafter, if the owner does not comply, the Administrative
Officer may enter onto the premises and by use of municipal labor
or outside contractors or both, perform such work as is necessary
to abate all violations.
[Ord. #89-24]
The Administrative Officer shall then certify to City Council
the cost of such work plus all administrative, clerical and legal
costs and overhead attributable thereto and shall present the same
to City Council.
[Ord. #89-24]
City Council may by resolution vote to cause the sum so certified
to become a lien upon the property, payable with the next quarter's
property taxes and if not then paid, bearing interest at the same
rate as delinquent taxes.
[Ord. #89-24]
It shall be the duty of all municipal officials of the City
of Ocean City reviewing all permit applications involving real property
or improvements thereon to determine whether such application involves
any activity which should also be the subject of an application for
a permit, and if it should be to inform both the Secretary of the
Commission, the Administrative Officer and the applicant of same.
[Ord. #89-24]
This Article shall be liberally construed to affect the purposes
set forth herein. In the event that this Ordinance conflicts with
State law, State law shall take precedence.
[Ord. #89-24]
In the event that any portion of this Article is found to be
invalid for any reason by any court of competent jurisdiction, such
judgment shall be limited in its affect only to the portion of the
Article actually adjudged invalid and shall not be deemed to affect
the operation of any other portion hereof.
[Ord. #89-24]
No duties or powers of the Commission shall supersede or infringe
on the powers of other City Boards or Committees.
[Ord. #89-24]
All ordinances and all provisions thereof inconsistent or conflicting
with the provisions of this Article are hereby repealed to the extent
of such conflict or inconsistency.
[Ord. #89-24]
This Article shall take effect upon final passage and publication
as required by law.
