The purpose of this article is to implement the historic preservation
element of the Master Plan, to provide guidance to property owners
in achieving preservation of historic resources and to advance the
following public purposes:
A.
To preserve and protect historic, architectural, cultural, archaeological,
and aesthetic resources for the general welfare of the public;
B.
To identify, designate, and regulate historic districts and historic
sites to preserve their historic, architectural, cultural, archaeological,
and aesthetic significance;
C.
To preserve and enhance the environmental quality of neighborhoods;
D.
To strengthen the City's economic base by the stimulation of the
tourist industry;
E.
To foster economic development and manage growth;
F.
To foster civic pride in the beauty and accomplishments of the City's
past.
As used in this article, the following terms shall have the
meanings indicated:
An extension or increase in building size, floor area or
height.
The City Construction Code Official.
As applied to a building or structure, 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 location or position, to another, or the change in appearance
of the exterior surface of any improvement.
A document issued by the Historic Preservation Commission
demonstrating its review of any alteration, addition to or demolition
of a designated historic site, or to a property within a historic
district. Such review is based upon the application and representations
of the applicant and the approved plans presented for the preservation,
restoration, rehabilitation or alteration of an existing property,
or the demolition, addition, removal, repair or remodeling of any
feature on an existing building within the historic district, or for
any new construction within the historic district.
The partial or total razing, dismantling or destruction of
any historic site or any improvement within a historic district.
The process of determining whether identified properties
meet defined criteria of historical, architectural, archaeological
or cultural significance.
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of historic site or sites, as specifically designated herein.
Any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National
Register (of Historic Places); such term includes artifacts, records,
and remains which are related to such a district, site, building,
structure, or object.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated in the Master Plan as being of historic, archaeological,
cultural, scenic or architectural significance at the national, state
or local level, as specifically designated herein or any property
which is located in a historic district. The designation of a historic
site or landmark shall be deemed to include the Tax Map lot on which
it is located as well as the right-of-way contiguous thereto.
Any structure situated on property included in the Historic
Designation List of the City of Cape May, as adopted by Ordinance
192-7-98, as it may be amended.
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.
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 convey its significance.
A list of historic properties determined to meet criteria
of significance specified herein.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of a historic
site;
Does not involve an addition to a property in a historic district
or new construction in a historic district;
Is a request for approval of fences, signs, lighting, doors,
windows, roofs, paving, exterior sheathing or streetscape work which
will comply with the adopted design guidelines for the improvement
proposed where a specific guideline applies and which will not substantially
affect the characteristics of the historic site or the historic district.
If the design guidelines contain a discretionary standard, the Chairperson
shall refer the request for approval to the complete Planning Board.
Is a request for a field change for a certificate of appropriateness which has already been issued and which meets the criteria of Subsection C of this definition, above.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
Building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a property is significant because it was not present
during the period of significance; due to alterations, disturbances,
additions or other changes it no longer possesses historic integrity
reflecting its character at that time or is incapable of yielding
important information about the period; or it does not independently
meet the National Register criteria.
Repair of any deterioration, wear or damage to a structure
or any part thereof in order to return the same as nearly as practicable
to its condition prior to the occurrence of such deterioration, wear,
or damage with in-kind material and quality workmanship. Ordinary
maintenance shall further include in-kind replacement of exterior
elements or accessory hardware, including signs, using the same materials
and workmanship and having the same appearance.
Any required approval for exterior work to any improvement
or property in a historic district or on a historic site. Permit shall
include, but is not limited to, a building permit, a City window replacement
permit, a demolition permit, a permit to move, convert, relocate or
remodel or to change the use or type of occupancy of any improvement
or property in a historic district which involves exterior changes
to the structure or the property on which it is located.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the existing
form and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
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 danger or injury.
The act or process of reproducing by new construction the
exact form and detail of a vanished or nonsurviving building, structure
or object, or any part thereof, as it appeared at a specific period
of time when documentary and physical evidence is available to permit
accurate reconstruction.
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.
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 the same quality.
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.
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.
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.
A process of identifying and gathering data on a community's
historic resources. It includes a field survey which is the physical
search for and recording of historic resources on the ground, preliminary
planning and background research before the field survey begins, organization
and presentation of survey data as the survey proceeds, and the development
of inventories.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
Hotels with at least 100 rooms, the main portion of which
were constructed during or within 15 years after the reign of Victoria
Alexandrina, Queen of the United Kingdom of Great Britain and Ireland
(1837-1901).
A.
Responsibilities. The Historic Preservation Commission shall have
the following duties and responsibilities:
(1)
To identify, record and maintain a system for survey and inventory
of all buildings, sites, places, landmarks and structures of historical
or architectural significance based on the Secretary of the Interior's
Standards and Guidelines for Archaeology 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.
(2)
To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements. The Commission
may provide information to the Planning Board indicating the location
and significance of historic sites and districts and by identifying
the standards used to assess worthiness for historic site or district
identification.
(3)
To advise the Planning Board on the inclusion of historic sites and
landmarks in the recommended capital improvement program.
(4)
To advise the Planning Board and Zoning Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
(5)
To provide written reports pursuant to N.J.S.A. 40:55D-111 on the
application of the Zoning Ordinance provisions concerning historic
preservation.
(7)
After a public hearing, the Historic Preservation Commission may
establish administrative procedures and/or regulations to carry out
the purposes of this article.
(8)
To carry out such other advisory, educational and informational functions
as will promote historic preservation in the City.
B.
Establishment.
(1)
Members.
[Amended 9-19-2017 by Ord. No. 329-2017]
(a)
There is hereby established a Historic Preservation Commission
to be appointed by the Mayor, which Commission was established by
prior ordinance and is hereby continued consistent with N.J.S.A. 40:55D-107
et seq. The Commission shall consist of seven regular members and
two alternate members. Members shall serve without compensation. At
the time of appointment, at least one member shall be designated from
each of the following classes:
[1]
Class A: A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
[2]
Class B: A person who is knowledgeable, or with a demonstrated
interest in, local history and who may reside outside the municipality;
and
[3]
Class C: Citizens of the municipality who shall hold no other
municipal office, position or employment except for membership on
the Planning Board or Zoning Board of Adjustment. Class C members
should have at minimum a demonstrated interest in history, historic
preservation or a related field.
(b)
Alternate members shall meet the qualifications of Class C members.
At the time of appointment, alternate members shall be designated
as "Alternate No. 1 " and "Alternate No. 2." Of the seven regular
members, at least one less than a majority shall be of Classes A and
B.
(2)
Terms.
(a)
The terms for the members of the Historic Preservation Commission
first appointed by City Council shall be as follows:
(b)
All terms shall begin on July 1 of the year in which the appointment
is made.
(c)
Notwithstanding any other provision herein, the term of any
member common to the Historic Preservation Commission and the Planning
Board shall be for the term of membership on the Planning Board; and
the term of any member common to the Historic Preservation Commission
and the Zoning Board of Adjustment shall be for the term of membership
on the Zoning Board of Adjustment.
(d)
A vacancy occurring otherwise than by expiration of term shall
be filled within 60 days for the unexpired term only.
(3)
Alternates.
(a)
Alternate members shall serve for terms of two years; provided,
however, that the initial terms of the two such alternate members
shall be one and two years, respectively.
(4)
Council Liaison. The City of Cape May Municipal Council shall designate
a member to act as a liaison between the Historic Preservation Commission
and the Council. The Council Liaison shall perform the following functions:
[Ord. No. 367-2019]
(a)
The Council Liaison shall serve as the Council's contact with
the HPC.
(b)
The Council Liaison shall facilitate the exchange of information
between the HPC and the City Council.
(c)
The Council Liaison shall foster a productive relationship among
the HPC, the City Council, and the community.
(d)
The Council Liaison shall not function as a member of the HPC.
(5)
Officers. Annually, the Commission shall elect a Chairman and Vice
Chairman from its members and select a recording secretary who may
or may not be a member of the Commission or a municipal employee.
(6)
Budget. The governing body shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation 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 Municipal Attorney
at the rate of compensation determined by the governing body, unless
the governing body by appropriation provides for separate legal counsel
for the Commission. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by City Council for the Commission's use. In the event that the Commission
receives gifts or grants, they will be placed in a dedicated fund
for the exclusive use of the Commission.
(7)
Finances. The City Council shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the Commission in its review of applications and development
reviews. These fees are in addition to any other required under any
portion of this or any other applicable City ordinance.
(8)
Rules of Commission.
(a)
The Commission shall adopt written rules for the transaction
of its business and for the consideration of applications for certificates
of appropriateness and for designations of historic districts and
sites. Such rules shall not be inconsistent with the provisions of
this section and shall include but not be limited to rules pertaining
to all notices and hearings required herein.
(b)
In order to make available to the public information useful
to the preservation and protection of historic districts and sites
and to provide the basis for consistency of policy, the administrative
officer on behalf of the Commission shall maintain complete files
and records. The Commission's files shall include but are not limited
to data used in the classification of buildings, places and structures,
minutes of Commission meetings, applications for certificates of appropriateness
along with collateral data, decisions and appeals associated therewith
and information, materials and references submitted to the public
related to historic preservation. A record of Commission proceedings
shall be kept and made available, but a formal verbatim record shall
not be required.
(c)
The Commission Secretary shall keep minutes and records of all
meetings and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions and applications. All meetings
shall be noticed and conducted in accordance with the Open Public
Meetings Act. Copies of all minutes shall be maintained in the office
of the Commission and shall be delivered promptly to the City Clerk.
(d)
Copies of records shall be made available to municipal bodies,
agencies, and officials for their use. When the Planning Board or
the Zoning Board of Adjustment refers an application to the Historic
Preservation Commission, then the referring Board shall receive a
copy of the Commission's report.
(e)
The Construction Official shall maintain and display an up-to-date
map showing the historic district, as well as a current listing of
historic sites. No member of the Commission shall be permitted to
act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Unless a member resides or owns
property within 200 feet of property which is the subject of an application,
mere ownership or residence in a designated historic district and/or
ownership of a designated historic site or a nondesignated site shall
not be deemed a personal or financial interest.
(f)
A member of the Commission may, after a public hearing, if requested,
be removed by the governing body for cause.
(9)
Meetings; quorum.
(a)
The Historic Preservation Commission shall establish and post
in City Hall a regular schedule of a minimum of one meeting per month.
Regular meetings shall be held as scheduled unless canceled for lack
of applications to process. Additional special meetings may be called
by the Chairman or Vice Chairman, or on the request of any two of
its members, when the regular meetings are inadequate to meet the
needs of its business, to handle emergencies or to meet time constraints
imposed by law.
(b)
Four members shall constitute a quorum. Nonmember liaisons are
not entitled to vote. A majority vote of those present and voting
shall prevail, and shall be sufficient to grant or deny a certificate
of appropriateness. A majority of the appointed membership shall be
required to grant or change a historic site or district designation
or to grant a demolition permit.
(c)
The Historic Preservation Commission shall prepare an annual
report to the governing body which shall be available to the public
and placed on file in the City Hall. The report shall detail all activities,
including problem solving, advice and support given.
(d)
The Historic Preservation Commission shall hold public hearings
to review all applications for permits, referrals of development applications
and other business which comes before the Commission.
A.
Survey. The Commission shall maintain a comprehensive survey of the
City of Cape May to identify historic districts, sites and landmarks
which are worthy of protection and preservation.
B.
Criteria for designation. The criteria for evaluating and designating
historic districts and sites shall be guided by the National Register
Criteria. The Commission or any interested party may recommend designation
of historic sites or districts that have integrity of location, design,
setting, materials, workmanship and association and that meet one
or more of the following criteria:
(1)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the City, state or nation;
(2)
Association with events that have made a significant contribution
to the broad patterns of our history; or
(3)
Association with the lives of persons significant in our past; or
(4)
Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering; or
(5)
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; or
(6)
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
(7)
Unique location or singular physical characteristics that make a
district or site an established or familiar visual feature; or
(8)
That have yielded, or may be likely to yield, information important
in prehistory or history.
C.
Procedures for designation.
(1)
Interested parties shall contact the administrative officer regarding
consideration of a proposed historic site or district. The Commission
may also initiate the designation of a historic site or district.
The administrative officer will schedule a hearing before the Commission
to review the proposed historic site or district.
(2)
The formal historic district nomination shall include a building-by-building
inventory of all properties within the district; color and/or black-and-white
photographs of all properties within the district; a property map
of the district showing boundaries; and a physical description and
statement of significance which address the criteria for designation
set forth herein. The formal historic site nomination shall include
a color and/or black-and-white photograph, a tax map of the property
and a physical description and statement of significance which address
the criteria for designation set forth herein.
(3)
Upon review and approval of the proposed site or historic district
by the Historic Preservation Commission, and after hearing the comments
of the public, if any, the Commission shall forward the proposed site
or district nomination to the Planning Board for consideration. Notification
shall be by public notice in the official paper and by prominent posting
in the municipal building at least 30 days prior to the Planning Board
hearing. The interested parties or the Commission shall submit to
the Planning Board a complete list of involved properties.
(4)
Upon review and approval of the proposed site or district by the
Planning Board, the site or district nomination will be sent to the
City Council for adoption to amend and supplement this chapter.
(5)
All other requirements of the Municipal Land Use Law regarding adoption
of development regulations shall be followed.
D.
Designation of districts. The following historic district is delineated
and described in the Master Plan and is hereby a designated historic
district for purposes of this article:
(1)
Cape May Historic District. The designated historic district is set
forth on the Historic Preservation Map dated July 11, 2006, prepared
by the firm of Remington, Vemick & Walberg, Engineers, which is
incorporated herein by reference.
[Amended 12-18-2007 by Ord. No. 127-2007]
(2)
Additional districts. Any additional designated districts and sites
and/or any changes in the designation of historic districts and historic
sites shall be effectuated by amendment of this section in accordance
with procedures provided for under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. and the procedures set forth herein.
A.
When required. A certificate of appropriateness issued by the Commission
shall be required before a permit is issued, or before work can commence,
for any of the following activities within a historic district(s)
or on a historic site designated on the Zoning Map:
(1)
Demolition of any building, improvement, site, place or structure.
(2)
Change in the exterior appearance of any building, improvement, site,
place or structure by addition, reconstruction, alteration or maintenance.
(3)
Relocation of a principal or accessory building or structure.
(4)
Any addition to or new construction of a principal or accessory building
or structure.
B.
When not required.
(1)
A certificate of appropriateness shall not be required before a permit
is issued by the Construction Code Official for changes to the interior
of a structure or changes to the exterior of a structure which strictly
meet the standards for ordinary maintenance and repair as defined
in this article.
(2)
The Construction Official shall review all permit applications to
determine if the application proposes work which constitutes ordinary
maintenance and repair as defined in this article. The Construction
Official may issue a permit if he or she finds that the work strictly
meets the standards for ordinary maintenance and repair as defined
in this article. The Construction Official shall refer the application
to the Historic Preservation Commission if he finds that the proposed
work does not meet the standards for ordinary maintenance and repair.
If the Construction Official has any doubt as to whether the work
constitutes ordinary maintenance and repair, then he may, at his discretion,
refer the request to the Commission.
C.
Procedures.
(1)
All applicants shall complete an application form. Application forms
shall be made available in the office of the administrative officer.
Complete applications shall be filed with the administrative officer.
(2)
Each application may be accompanied by sketches, drawings, photographs,
descriptions, the property survey, if available, and other information
to show the proposed alterations, additions, changes or new construction.
Applications for demolition shall include current and archival photographs
of the interior and exterior of the building and drawings to document
the condition of the building. The Commission may require the subsequent
submission of such additional materials as it reasonably requires
to make an informed decision.
(3)
The Commission shall reach a decision on an application and submit
its report to the administrative officer within 45 days of referral
of same by the administrative officer. Nothing herein shall prohibit
an extension of time by mutual agreement of the applicant and the
Commission.
D.
Informational meetings/conceptual review. Persons considering action
that requires a certificate of appropriateness, as set forth in this
section, are encouraged to request an informal informational meeting
with the Commission and/or its Chairman prior to submitting a formal
application for a certificate of appropriateness. Requests for such
informational meetings can be made to the administrative officer,
who will contact the Chairman of the Commission. The Commission shall
hold such informational meetings within 15 days of receipt of such
request. The purpose of an informational meeting is to review the
design guidelines and standards of appropriateness and the procedures
for obtaining a certificate of appropriateness. Neither the applicant
nor the Commission shall be bound by any informational meeting or
conceptual review. Conceptual review shall not apply to any applications
for development. The Commission shall not consider conceptual review
of an application for development unless specifically referred to
it by either the Planning Board or the Zoning Board of Adjustment.
E.
Application review.
(1)
Notices must comply with the requirements of the Open Public Meetings
Act.
(2)
An applicant shall be required to appear or to be represented at
the meeting to consider the application for a certificate of appropriateness,
and the Commission may take action in the absence of the applicant.
(3)
The Historic Preservation Commission shall issue a certificate of
appropriateness to the applicant if it finds the permit application
appropriate to the historic district or site and in conformity with
the design guidelines. The Commission shall issue a denial of a certificate
of appropriateness to the applicant if it finds the permit application
inappropriate to the historic district or site or not in conformity
with the design guidelines.
(4)
When an application is approved, the Commission shall forthwith issue
a certificate of appropriateness. Failure to report within a forty-five-day
period shall be deemed to constitute a report in favor of the proposed
work and without conditions. In the event that the applicant has consented
to an extension of time to consider the certificate, the extension
of time should be transmitted to the Construction Official and the
permit shall not issue during the period of time of the extension.
(5)
Appeals from determinations of the Construction Official pursuant
to referral to the Historic Preservation Commission may be made by
the applicant to the Zoning Board of Adjustment, according to N.J.S.A.
40:5D-70(a). Nothing herein shall be deemed to limit the right of
judicial review of the action after an appeal is concluded by the
Zoning Board of Adjustment. The appellant shall pay all costs for
copies of any transcript(s), which shall be a certified court reporter.
The appeal shall be heard on the record made before the Historic Preservation
Commission. A determination by the Historic Preservation Commission
on issues within its authority shall be entitled to due deference.
If, in the case of an appeal made pursuant to this subsection, the
Zoning Board of Adjustment determines there is an error in any order,
requirement, decision or refusal made by the Construction Official
pursuant to a certificate or denial of a certificate submitted by
the Historic Preservation Commission in accordance with N.J.S.A. 40:55D-111,
the Zoning Board of Adjustment shall, in writing, include the reasons
for its determination in the findings of its decision thereon. The
determination of the Historic Preservation Commission may be overturned
only if the Zoning Board of Adjustment finds that the Historic Preservation
Commission determination was arbitrary, capricious, unreasonable,
or contrary to law.
[Amended 12-19-2017 by Ord. No. 335-2017]
(6)
The owner shall post the certificate of appropriateness on a conspicuous
spot on the site visible to the public during the entire process of
work.
(7)
Issuance of an approval of a permit shall be deemed to be a final
approval pursuant to this section. Such approval shall neither cause
nor prevent the filing of any collateral application or other proceeding
required by any other ordinance to be made prior to undertaking the
action requested concerning the landmark or any building, structure,
object, or site located within a landmark district. The denial of
a permit shall be deemed to preclude the applicant from undertaking
the activity applied for.
(8)
When a certificate of appropriateness has been issued, the administrative
officer or his appointee shall, from time to time, inspect the work
approved by such certificate and shall regularly report to the Commission
the results of such inspections, listing all work inspected and reporting
any work not in accordance with such certificate.
(9)
A certificate of appropriateness shall be valid for a period of two
years from date of issue unless reasonable extensions are requested
by the applicant or the Commission.
F.
Minor applications. The Chairman of the Historic Preservation Commission,
or a committee of commissioners appointed by him or her and acting
on his or her behalf, and the Construction Official, may review applications
for permits for minor work, without holding a public hearing. If the
Chairman finds the application appropriate, he or she may act in place
of the full Commission and issue a certificate for minor work to the
Construction Official, who may then issue a building permit. If the
Chairman does not find the application appropriate or doubts its appropriateness,
the application shall be scheduled for a public hearing before the
full Board.
G.
Emergency procedures.
(1)
When a structure or improvement requires immediate repair to preserve
the continued habitability of the structure and/or the health and
safety of its occupants or others, emergency repairs may be performed
in accordance with construction codes, without first obtaining a certificate
of appropriateness. 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. Where feasible, temporary measures
to prevent further damage should be used, provided these measures
are reversible without damage to the structure.
(2)
The property owner shall make a request for the Commission's review
simultaneously with the onset of emergency work. The request shall
be made to the administrative officer. Such emergency work shall be
permitted only if the administrative officer certifies the immediate
necessity for such permit issuance. Upon notice to the full Commission
by telephone, personal contact or other appropriate means of communication,
at least three members of the Commission shall convene as soon as
possible, and such convening members shall proceed to review the certificate
of appropriateness application as provided in this section. The Commission
shall conduct the emergency meeting in accordance with the Open Public
Meeting Act, N.J.S.A. 10:4-9. Subsequent to such review, a certificate
of appropriateness may be issued upon a majority vote of the members
convened.
(3)
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 from the Commission after referral of the request
by the Construction Official.
H.
Requirement of obtaining certificates of appropriateness for government
actions.
(1)
It is recognized that the intent and purposes of this article would
not be fully served if the municipality and other governmental agencies
were to control the actions of others but fail to apply similar constraints
to itself. The City of Cape May, when it plans an alteration, demolition,
construction or change in appearance to any City-owned property in
any historic district or on any historic site, shall submit such plans
to the Historic Preservation Commission and shall receive an advisory
report on the appropriateness of those plans before undertaking the
work.
(2)
In those circumstances where the municipality cannot require compliance,
as in certain cases involving the county, state and federal governments,
the City most strongly urges the voluntary cooperation of such agencies
in seeking a certificate of appropriateness and hereby authorizes
the Commission to consider such requests and applications. This does
not relieve the property owner from complying with applicable state
and federal regulations regarding historic preservation.
A.
The Planning Board and Zoning Board of Adjustment shall refer to
the Commission every application for development submitted to either
Board for development in historic districts or on historic sites designated
on the Zoning Map or identified in any component element of the Master
Plan. This referral shall be made when the application for development
is deemed complete or is scheduled for a hearing, whichever occurs
sooner. Both Boards must provide a copy of their respective agendas
to the Commission members as soon as it has been prepared and at the
same time that it is mailed to the members of the respective Board.
Failure to refer the application as required shall not invalidate
any hearing or proceeding. The Commission may provide its advice,
which shall be conveyed through its delegation of one of its members
or staff to testify orally at the hearing on the application and to
explain any written report which may have been submitted.
B.
On all matters referred to the Commission which require approval
by the Planning Board or Zoning Board of Adjustment, the decision
of the Commission shall be a recommendation only. In reviewing applications
for development, the Commission may comment on any of the zoning and
land use considerations which are relevant to the application. The
Planning Board and the Zoning Board of Adjustment shall not approve
exterior building elevations when approving an application for development,
unless such approval is contingent on subsequent approval of the elevations
by the Historic Preservation Commission.
C.
Yard variances. Due to the fact that structures in historic districts
were often built close to the lot lines, it is in the public interest
to retain a neighborhood's historic appearance by approving variances
to normal yard requirements. Where it is deemed that such variance
will not adversely affect neighboring properties, the appropriate
Board may grant such variance to standard requirements.
D.
An approval by the Planning Board or Zoning Board of Adjustment,
as the case may be, does not relieve the applicant of the requirement
of obtaining a certificate of appropriateness for those aspects of
the change not approved by the application for development.
[Added 12-19-2017 by Ord.
No. 335-2017]
A.
The purpose of this section is to provide uniform standards, design
guidelines and criteria for the regulation of historic sites and districts
for use by the Historic Preservation Commission. All projects requiring
a certificate of appropriateness and all applications for development
in historic districts or on historic sites shall be governed by the
principles of the Secretary of the Interior's Standards for Rehabilitation,
the Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring
& Reconstructing Historic Buildings, and the Cape May Design Guidelines
for the historic district which are adopted as an appendix to this
section and which are incorporated herein by reference.
B.
Criteria for finding appropriateness. The Historic Preservation Commission
may consider the siting, design, arrangement, texture, details, scale,
shape, materials, finish, color, and relationship to streetscape of
the proposed work and the relationship of those characteristics to
the historic, architectural, cultural, archaeological, and aesthetic
significance of the historic site or district.
C.
In considering permit applications, the Historic Preservation Commission
shall not consider use, zoning requirements for setbacks, density,
height limitations or lot coverage in finding appropriateness, as
these fall within the purview of the Planning Board and the Zoning
Board of Adjustment.
D.
In considering development applications referred to it by a Board,
the Historic Preservation Commission may consider use, zoning requirements
for setbacks, density, height limitations, and lot coverage, in rendering
its advice to the Planning Board and the Zoning Board of Adjustment
on the application of the zoning ordinance provisions concerning historic
preservation. The Commission should emphasize the streetscape when
reviewing applications for development. The Commission shall not hear
applications for development unless referred to it by either the Planning
Board or the Zoning Board of Adjustment.
E.
Criteria for plan review. All reviews of plans within Historic Preservation
Districts shall give consideration to:
(1)
The cultural, historic or architectural values of a structure and
its relationship to the surrounding area.
(2)
The general compatibility of the proposed use to the cultural and
historical values of the surrounding area.
(3)
The general compatibility of exterior design, arrangement, texture
and materials proposes to be used. In carrying out the review under
the guidelines, the following criteria shall be utilized:
F.
Standards. Standards as are adopted by the Historic Preservation
Commission pursuant to resolution of the Historic Preservation Commission
are hereby adopted and made part of this chapter. The standards consist
of window standards, exterior sheathing standards, fence standards,
streetscape standards, roof standards, door standards, porch standards,
solar panel standards, windmill/wind turbine standards, broadband
television antenna standards, and design standards for all new construction
and rehabilitation projects in the historic district and for all rehabilitation
projects that affect historic sites outside of the historic district.
A copy of the standards shall be available in the offices of
the Construction Official and the City Clerk and the official website
of the City of Cape May at www.capemaycity.com. The standards may
be amended by the Historic preservation Commission, but shall not
take effect until proved approved by ordinance of City Council.
[Amended 7-18-2023 by Ord. No. 508-2023]
G.
(Reserved)
A.
Criteria. In regard to an application to demolish or move a historic
building, site, place or structure, the following matters shall be
considered:
(1)
Its historic, architectural, cultural and aesthetic significance.
(2)
Its current and potential use for those purposes currently permitted
by this chapter or for the use proposed.
(3)
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the integrity of the historic property or district and 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 increase property values,
promote business, create new positions, attract tourists, students,
writers, historians, artists and artisans, attract new residents,
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 municipality a more attractive and
desirable place in which to live.
(6)
The impact of its removal upon the historic district.
(7)
The structural soundness and integrity of the building and the economic
feasibility of restoring or rehabilitating the structure so as to
comply with the requirements of the applicable building codes.
(8)
The compelling reasons for not retaining the structure or improvement
at its present site, the proximity of the proposed new location and
its accessibility to residents of the municipality, and the probability
of significant damage to the structure or improvement as a result
of the relocation.
(9)
The compatibility, nature and character of the current and the proposed
surrounding areas as they relate to the intent and purposes of this
article and whether the proposed new location is visually compatible
in accordance with the standards set forth herein.
B.
Procedure.
(1)
Where demolition disapproved. In the event that the Commission disapproves
an application for a certificate of appropriateness to demolish a
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)
Appeal to Zoning Board of Adjustment. The owner may opt to appeal
the denial of the certificate of appropriateness to the Zoning Board
of Adjustment. In the event that the owner appeals the denial of the
demolition permit, the owner may simultaneously commence marketing
the property for sale for fair market value as set forth below. Alternatively
the owner may opt to await the decision of the Zoning Board of Adjustment.
(b)
Sale for fair market value. The owner has, prior to seeking
demolition, for a period of at least one year for residential properties
and two years for commercial properties, 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, organization, government or agency thereof or political subdivision
which gives reasonable assurance that it is willing to preserve the
building, place or structure and the land pertaining thereto. Market
value shall be determined by an appraiser selected by the HPC and
at the expense of the owner.
(c)
Demolition notice posted and publication. Notice of proposed
demolition shall be 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. In addition, the applicant
shall publish a notice in the official newspaper of the City as follows:
(d)
Notice period. The period of time during which notice must be
given in the manner set forth in the preceding subsections shall be
known as the "notice period" which shall continence on the 10th day
following the date of the denial by the. Historic
Preservation Commission or denial of the appeal by the Zoning Board
of Adjustment if an appeal is filed and such notice period shall run
for a period of time of one year for residential properties and two
years for commercial properties.
(e)
Certificate of compliance. The property owner shall submit a
certificate of compliance for review and approval by the Historic
Preservation Commission to demonstrate that the owner has complied
with the requirements of this section.
(2)
Assignment. No assignment of the rights granted by a certificate
of approval shall be permitted.
(3)
Expiration of approval.
(a)
In cases where demolition is permitted, the certificate of approval
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one year period shall
not be extended, except that the certificate of approval shall be
automatically extended for that portion within the one year in which
a moratorium on demolition is in effect.
[Amended 11-14-2005 by Ord. No. 51-2.005]
(b)
At the time of issuance of the certificate of approval, the
Construction Official shall designate the period of time (within the
one-year approval period) within which demolition must be completed
after it is initiated on site.
(4)
Approval after change of circumstances. The Commission may at any
time during such notice period, if a significant change in circumstances
occurs, approve a certificate of appropriateness to demolish, in which
event, a permit shall be issued within 10 days thereafter.
It shall be the duty of all municipal officials 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 certificate of
appropriateness. If it should, the official shall inform both the
administrative officer and the applicant, as well as the Historic
Preservation Commission.
A.
Violations.
(1)
If any person shall undertake any activity vis-a-vis a historic site
or improvement within a historic district without first having obtained
and posted a certificate of appropriateness, such person shall be
deemed to be in violation of this article.
(2)
Upon learning of the violation, the Zoning Officer shall personally
serve upon the owner of the lot whereon the violation is occurring
a notice describing the violation in detail and giving the owner 10
days to abate the violation by seeking review of the extent and proposed
work by the Historic Preservation Commission.
(3)
If the owner cannot be personally served within the municipality
with the said notice, a copy shall be posted on site and a copy sent
by certified mail, return receipt requested, to the owner at the last
known address as it appears on the municipal tax rolls.
B.
Penalties. If any person shall undertake any activity affecting a historic site or improvement within a historic district without first having obtained a certificate of appropriateness, or without subsequent review by the Commission following discovery of the omission, in addition to fines and penalties as set forth in § 525-84, the violator may be required to restore same to a condition consistent with its historic character and integrity, as approved by the Historic Preservation Commission.
C.
Injunctive relief. In the event that any action, which would permanently
and adversely change a historic site or historic district, such as
demolition or removal, is about to occur without a certificate of
appropriateness having been issued, the Zoning Officer may apply to
the Superior Court of New Jersey for such injunctive relief as is
necessary to prevent the destruction of such site or landmark.
The requirements of this article shall be considered to be in
addition to and in no case shall they be interpreted as a substitute
for any other approval, permit or other action as otherwise provided
for.
A.
Uses by right, accessory uses and conditional uses permitted in §§ 525-13 through 525-32, inclusive, along with all area and bulk requirements and other provisions in the respective zoning districts, shall not be altered by Historic Preservation District designation. In addition to those regulations, however, the following shall apply:
A.
Among the hundreds of Victorian-era structures remaining in Cape
May are large Victorian hotels that deserve special protection by
the City to preserve and maintain their rare architectural and social
heritage by permitting reasonable uses to enhance the future economic
viability and maintenance of the hotels. The protection and maintenance
of the remaining Victorian hotels is recognized to be a high priority
and essential goal of the City of Cape May.
B.
Notwithstanding any other provision of this article and in addition to the uses set forth for the applicable zoning districts in §§ 525-13 through 525-32 above, Victorian hotels shall have the following accessory uses, provided such uses may not occupy the equivalent of more than 25% of the total floor area of the principal use:
(1)
Art, crafts, fine arts and other studios for teaching.
(2)
Business, administrative and professional offices.
(3)
Eating establishments except drive-in facilities with curb service.
(4)
Financial institutions, including banks, savings and loan companies
and investment companies.
(5)
Libraries, art galleries, museums.
(6)
Nonpersonal services, excluding large appliance or equipment repair.
(7)
Personal services such as, but not limited to, beauty and barber
shops.
(8)
Retail sale of goods or services oriented to gifts and antiques,
historic preservation, architecture or similar compatible purposes.
(9)
Theatrical or musical presentations, including plays, films and concerts.
(10)
Tours and presentations.
(11)
Public parking lot or garage except that no automobile service
facilities or gasoline sales are permitted.
(12)
Bicycle rental.
(15)
Service businesses such as, but not limited to, publishing or
communications services, shoe repair, tailor, jewelry repair, travel
agency, or duplicating service.
(16)
Porch or outdoor service of food and beverages within the same
lot as the primary use.
(17)
Receptions, banquets, conventions, meetings, and other gatherings.
C.
No additional parking shall be required for accessory uses for Victorian
hotels.
