[Added 5-7-2001 by Ord. No. 5-01]
The purpose of these provisions is to establish
procedures and regulations within the Zoning Ordinance applicable
to development of properties located in historic districts established
in the Borough of Mendham and to individual historic landmarks and
historic sites identified on the Historic Preservation Plan Element
of the Master Plan. Among the objectives of the provisions are the
following:
A.
To identify and establish historic landmarks and an
historic district within the Borough.
B.
To conserve, protect, enhance and perpetuate such
landmarks and such improvements within the historic district which
represent or reflect elements of Mendham Borough's cultural, social,
economic, political or architectural history.
C.
To stabilize and improve property values in the historic
district.
D.
To foster civic pride in the historic and architectural
accomplishments of the past.
E.
To promote the use of historic districts and landmarks
for the education, pleasure and welfare of the people of the Borough.
F.
To encourage owners of historic landmarks and owners
of property within historic districts in their efforts to preserve
the historic character of such properties.
[Amended 12-16-2002 by Ord. No. 11-02]
The boundaries of the Historic District Overlay
Zone are hereby established as shown on a map entitled "Borough of
Mendham Historic District" dated October 2002 and prepared by Ferriero
Engineering, Inc., which map is hereby adopted by reference.
These regulations shall apply to all building
permit applications and to all applications for development, including
subdivisions, site plans and variances, involving properties situated
in the historic district or involving individual historic landmarks
of historic sites. More specifically, these regulations shall apply
to any of the following;
A.
Subdivisions of land located in the historic district
or of land on which is located an historic landmark or historic site.
B.
Demolition of an historic landmark or of any improvement
within any historic district.
C.
Relocation of any historic landmark or of any improvement
within any historic district.
D.
Change in the exterior appearance of any existing
landmark or of any improvement within the historic district by addition,
alteration or replacement.
E.
Any new construction of a principal or accessory structure.
F.
This article shall not be applicable to ordinary maintenance
on structures and shall not include review of any color or colors
for a structure to be painted or maintenance work which does not require
a building permit.
A.
Any application for development which is subject to
these regulations shall be referred to the Historic Preservation Review
Commission by the Planning Board, Board of Adjustment or the administrative
officer, as the case may be.
B.
Within 45 days of receipt of an application, the Historic
Preservation Review Commission shall review the application and may
issue a written report to the applicable Board recommending approval,
approval with conditions or denial of the application, based upon
the standards hereinafter set forth.
C.
The Planning Board or Board of Adjustment shall review
the report of the Commission and shall make a final determination
as to the disposition of the application, namely, to approve, approve
with conditions or deny the application. If referral of the application
to the Historic Preservation Review Commission emanated from the administrative
officer, the board shall report its decision to the administrative
officer.
D.
Failure of the Historic Preservation Commission to
report to the Planning Board or failure of the Planning Board to report
to the administrative officer within 45 days of this referral shall
be deemed to constitute a report in favor of issuance of the permit
and without the recommendation of conditions to the permit.
In considering whether an application should
be granted, the Historic Preservation Commission and the reviewing
Board shall consider whether, if the approval is denied, the applicant
may still make any reasonable use of property as such use is permitted
in the zoning regulations. No application shall be denied soley based
on this article unless the reviewing Board specifically finds that
the property may, after such denial, reasonably be used for a use
permitted in the zoning regulations.
A.
Subdivisions. Review of subdivision applications shall be consistent with the provision of Chapter 195. In addition, the Commission and Board shall consider the impact that the grant of the subdivision would have in terms of the overall objectives of these provisions and the design standards and criteria set forth above.
B.
Demolition. In regard to an application to demolish
an historic building or any improvement within an historic district,
the following shall be considered in relation to the building or improvement:
(1)
Historic, architectural and social significance.
(2)
Potential for use for those purposes currently permitted
by zoning regulations.
(3)
Importance to the Borough and the extent to which
its historical or architectural value is such that its removal would
be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote the
general welfare by maintaining and increasing real estate values,
generating local business, creating new jobs, attracting visitors,
writers, historians, artists and artisans, attracting new residents,
encouraging study and interest in American and Borough history, culture
and heritage, stimulating interest and study in architecture and design
or making the Borough a more attractive and desirable place in which
to live.
(6)
The probable impact of its removal upon the ambience
of the historic district.
C.
Relocations out of the Borough. In regard to an application
to move an historic building to a location outside the Borough, the
following matters shall be considered:
(1)
The historic loss to the site of the original location
and the district as a whole.
(2)
The reasons for not retaining the landmark or structure
at its present site.
(3)
The proximity of the proposed new location to the
municipality, including the accessibility to the residents of the
Borough and other citizens.
(4)
The probability of significant damage to the landmark
or structure itself.
D.
Relocations within the Borough. In regard to an application to move an historic landmark or any structure to a new location within the Borough, the following matters shall be considered in addition to the matters listed in Subsection C above.
E.
Visual compatibility considered for additions or removals. With regard to an application to move a landmark or structure or to construct a new structure or to add or alter an existing structure within an historic district, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related within that district shall be considered in terms of the visual compatibility factors as set forth in Subsection H.
F.
Consideration on other actions. In regard to an application for other approval of any proposed action set forth in § 215-49 hereof, the following matters shall be considered;
(1)
If an historic landmark or a structure in an historic
district is involved:
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely
affect the public's view of a landmark or structure within an historic
district from a public street.
(4)
If the application deals with a structure within an historic district, the impact the proposed change would have on the character and the ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection H below.
G.
Additional matters considered. In regard to all applications,
additional pertinent matters may be considered, but in no instance
shall interior arrangement be considered.
H.
Visual compatibility factors. In assessing the effect
of any proposed change under application for any historic landmark
or building or structure located within the historic district, the
following visual compatibility factors shall be used to analyze the
effect the change applied for would have on the landmark, building
or structure and on those structures to which the landmark is visually
related.
(1)
Height. The height of the proposed building shall
be visually compatible with adjacent buildings.
(2)
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.
(3)
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 the places to which
they are visually related.
(4)
Rhythm of solids to voids on fronting of public places.
The relationship of solids to voids in such facades of a building
shall be visually compatible with the buildings and places to which
they are visually related.
(5)
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
is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship
of the entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
Relationship of materials and texture. The relationship
of materials of the facade and roof of a building shall be visually
compatible with the predominant materials used on the existing building
or similar buildings that are in the Historic District Overlay Zone.
Nothing herein shall prevent the use of alternative materials that
are different from those on an existing building, including the right
to use asphalt shingles to replace a roof which had different materials,
provided that the texture of the asphalt roofing or alternative materials
is compatible with the existing building or similar buildings in the
Historic District Overlay Zone.
(8)
Roof shapes. The roof shape of a building shall be
visually compatible with the buildings to which it is visually related.
(9)
Walls and fences. Appurtenances of a building such
as walls, open-type fencing and evergreen landscape masses shall form
visible compatibility of the building with the building and places
to which it is visually related.
(10)
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.
(11)
Directional expression of front facade. A building
shall be visually compatible with buildings and places to which it
is visually related in its directional character, whether this be
vertical character, horizontal character or nondirectional character.
(12)
Siding. The siding of a building shall be visually
compatible with the buildings and places to which it is visually related.
Alternative siding, such as vinyl or aluminum siding, shall be permitted
as an exception to the requirements herein, provided that the alternative
siding, wherever possible, is consistent with the original exterior
siding of the building being replaced or exterior siding of similar
buildings in the Historic District Overlay Zone, in appearance, dimensions,
contour, configuration and design.
I.
Secretary of Interior's Standards and Guidelines for
Rehabilitation of Historic Buildings. In addition to the visual compatibility
factors listed above, the Historic Preservation Commission shall also
give consideration to the latest edition of the Secretary of the Interior's
Standards and Guidelines for Rehabilitation of Historic Buildings.
