Chester City Zoning Code
ARTICLE XI
Historic Preservation and Architectural Review
§ 163-84 Purpose and scope.
[Amended 12-20-1999 by Ord. No. 99-11; 8-6-2001 by Ord. No. 2001-09]
A.
The intent of historic preservation is as follows:
(1)
To safeguard the existing architectural design and style as well as the historic heritage of Chester Borough by preserving those structures which reflect the elements of its cultural, social, economic and architectural history and by insuring that new buildings constructed within designated districts shall harmonize with and complement said architectural and historic heritage.
(2)
To foster civic beauty.
(3)
To promote the use of designated districts for the education, pleasure and welfare of the citizens of Chester Borough as well as its visitors and to stabilize and improve property values within designated districts, buildings or sites.
B.
Use regulations. The use regulations permitted in the historical zone shall be those designated by the various applicable requirements of the zoning section, plus those additional regulations set forth hereinbelow, which shall apply to all property within the historical zone.
(1)
Before any new construction or major alterations are made on any property or building within: a) the Borough’s historic districts, sites and zones; b) any building or property listed in the Borough’s Historic Sites Survey entitled "New Jersey Historic Sites Inventory, Morris County Cultural Resources Survey," prepared by ACROTERION Historic Preservation Consultants and dated 1986/1987; c) all properties listed on the State or National Register of Historic Places; d) all properties which have been deemed eligible for listing on the State or National Register; and e) all properties for which a formal State Historic Preservation Office (SHPO) opinion has been issued through 1986, the project must be approved by the Planning Board or Board of Adjustment.
[Amended 6-20-2017 by Ord. No. 2017-02-02]
(2)
In reviewing the plans, the Planning Board shall give consideration to:
(a)
The preservation of our community's character. It is the intent of this article that the Historic Preservation Committee shall encourage the principle, that any alterations or repairs be made in the spirit of the architectural style of the building, and that any additions be made in such a manner as not to detract, but rather support, the building's original style.
(b)
The Historic Preservation Committee will encourage this principle by providing information for the use and edification of the Chester Borough residents and property owners concerning architectural details found in the community. They will further assist residents and property owners who request assistance in maintaining their residence.
(c)
In reviewing the applicant's plans, the Committee shall give consideration to the following items as well as to the general standards referred to in the United States Department of Interior's Standards for Rehabilitation, as amended:
[1]
The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding areas.
[2]
The details of design for the period of architecture and surrounding neighborhood.
[3]
The general compatibility of exterior designs, arrangements and materials proposed to be used.
[4]
Any other factor, including aesthetic, which it deems pertinent.
(d)
If the adjacent property is in a residential zone a buffer shall be provided in accordance with § 163-49G.
(e)
The front of an existing building may not be extended further towards the front yard setback. The front of an existing building may only be remodeled subject to Planning Board approval.
(f)
Any other factor, including aesthetics, which it deems pertinent to the intent and purposes of this chapter.
(3)
In acting on any application under this subsection, the Planning Board shall endeavor to assure that all buildings hereafter erected or altered, including signs thereon and all other signs within the historical zone shall be of such design, appearance and relation to one another they will enhance the historical zone.
(4)
Permitted accessory uses. Customary accessory uses and buildings, provided such uses are incidental to the principal building and conform to the requirements of § 163-84.
(8)
Historic zone minor alteration. Historic zone minor alterations (not including repair and/or replacement and/or repainting of exterior building components) shall be exempt from Board review and approval procedures as enumerated in § 163-84B(1). Work that entails exterior building repairs and/or the replacement and/or repainting of exterior building components shall be subject to Board review as a Historic Zone Minor Application in accordance with the review procedures contained in § 163-84B(1). Exterior repairs and replacements include but are not limited to windows, doors, roofing, porches, steps, painting, and ornamentation such as trim, cornice, soffit, fascia, etc. Notwithstanding the forgoing, if an exterior repair and/or replacement and/or repainting is a minor like-kind repair, replacement or repainting, that shall cost less than $5,000, it shall not require a minor application for historic review. A “minor like-kind repair, replacement or repainting” is defined as a repair, replacement or repainting of building materials or color that is limited to the use of materials or paint that are an exact match of materials or color to be repaired, replaced or repainted. Where applicable, historic zone minor alterations shall be consistent with an approved site plan. Any changes to an approved site plan shall require site plan review and approval.
[Amended 11-1-2004 by Ord. No. 2004-30]
(9)
Any additional requirements and conditions applicable to this zone.
§ 163-85 Designated districts, buildings and sites.
[Amended 6-18-2001 by Ord. No. 2001-8; 8-6-2001 by Ord. No. 2001-09]
A.
B.
Districts, buildings or sites registered as local, state or federal landmarks are also designated for historic preservation.
§ 163-86 Historic Preservation Committee.
The Historic Preservation Committee shall advise the Borough Council, Planning Board and Zoning Board of Adjustment[1] on matters relating to historic preservation.
A.
The Historic Preservation Committee shall consider applications as shall be referred to it by the Borough Council, Planning Board, and Board of Adjustment.
[Amended 8-6-2001 by Ord. No. 2001-09]
B.
The Historic Preservation Committee shall carry out an architectural review of all applications to the Planning Board or Zoning Board of Adjustment involving designated districts, buildings or sites. The Committee shall report its findings to the referring Board within the time period for action required for the application.
C.
Membership. The Historic Preservation Committee shall consist of up to five members as follows:
(1)
Three members of the Committee shall be Borough residents and shall be appointed by the Mayor with approval of the Council.
(2)
One member may be an architect with experience or education in historic architecture. This member shall be appointed by the Council from a list of candidates proposed by the citizen members of the committee.
(3)
One member may be an historian with experience or education in the history of Chester and Morris County. This member shall be appointed by the Council from a list of candidates proposed by the citizen members of the committee.
(4)
Term of membership for citizen members shall be for three years with two of the first to be for one- and two-year terms. The architect and historian members terms shall be for one year.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
§ 163-87 Architectural review procedures.
A.
The Planning Board or Zoning Board of Adjustment[1] shall refer all applications involving demolition, construction, modification or removal of designated buildings or buildings and structures in designated sites and districts to the Historic Preservation Committee for architectural review.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
B.
The Historic Preservation Committee shall complete its review and make its recommendations prior to the date set for public hearings. The time period for approval shall not be extended by reason of failure of said Board to make its report.
C.
The Planning Board or Zoning Board of Adjustment may, based on the Committee's input or on such additional testimony and evidence as the Board may wish to receive, accept or reject such recommendation setting forth reasons for its decision in resolution form. Such resolution shall be adopted prior to final action on the application.
D.
Standards of consideration in architectural review. In regard to applications to demolish, construct, modify or remove designated buildings or buildings and structures in designated sites or districts the following matters shall be considered:
(1)
The impact of the proposed action on the historic and architectural character of the building, site or district.
(2)
The importance of the building site or district to the municipality and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interests.
(3)
The extent to which the proposed action would adversely affect the public's view of a landmark building or structure in a historic site or district from a public street.
(4)
The impact of the proposed action would have on the character and ambience of a historic district and its visual compatibility with the buildings, places and structures to which it would be visually related.
§ 163-87.1 Demolition or moving of structure.
[Added 8-6-2001 by Ord. No. 2001-09]
A.
The demolition of a historically and/or architecturally significant structure, or a portion thereof, shall be discouraged by this chapter, as the loss would be a common loss to the Borough and to the neighborhood. Moving of such a structure should be encouraged as an alternative to demolition if there is no other way to save the structure at its existing location.
B.
All applicants for full or partial demolition or moving of structure shall be referred to the Planning Board for consideration. In making its determination, the Planning Board shall use the criteria set forth in this chapter. If the Planning Board determines that demolition or moving is not appropriate, it may postpone issuance of the permit for a period of six months. During this period of time, the Planning Board may hold other hearings to determine if there is some other means to preserving the building. The Planning Board is empowered to work out with the owner feasible plans for preservation of structures where demolition or moving thereof would be a great loss to the public, the Borough, the streetscape or the neighborhood. In the event that it is shown that the owner has a reasonable economic use of the property, and that the structure should be preserved on the basis of the standards set forth in this chapter, the Planning Board may deny the application for demolition.