Leonia City Zoning Code

Class A: a person who is knowledgeable in building design and construction in architectural history.

Class B: a person who is knowledgeable or with a demonstrated interest in local history.

Class C: those regular members who are not designated as Class A or B. Class C members shall hold no other municipal office position or employment, except they may be a member of the Planning Board or the Board of Adjustment.

Alternate members shall meet the qualifications of Class C members.

The Mayor with the advice and consent of the Council shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."

The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of the terms shall be distributed. In the case of regular members, evenly over the first four years over their appointment and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years, and the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years.

A vacancy occurring otherwise than by expiration of term shall be fulfilled for the unexpired term only. Notwithstanding any other provisions 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 Board of Adjustment shall be for the term of membership on the Board of Adjustment.

Organization. The Commission shall elect annually from its membership a Chairman and a Vice Chairman at its first annual meeting.

A quorum for the transaction of business shall consist of three of the Commission's members, including the Chairman or, in his/her absence, the Vice Chairman.

The Commission shall appoint a secretary who need not be a member of the Commission. The secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determination and decision. All such material shall be public records.

All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).

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.

No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has either, directly or indirectly, any personal or financial interest.

A member of the Historic Preservation Commission may (after public hearing if he requests it) be removed by the governing body for cause.

Issue certificates of appropriateness in accordance with this article.

Advise the Planning Board and Board of Adjustment on applications for development, pursuant to Chapter 8, Article V, Historic Preservation Commission, of this Code.

Provide written reports to the Planning Board.

Carry out such other advisory educational and informational functions as will promote historic preservation in the Borough of Leonia.

Seek funding in the form of grants, bequests, donations to be used to assist owners of historic properties in their preservation of those properties.

Advice on certain applications. The Planning Board and Board of Adjustment shall make available to the Historic Preservation Commission an informational copy of every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or on any component element of the Master Plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Historic Preservation 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.

Review of applications for permits for historic sites or properties not otherwise part of any development application. All applications for issuance of permits pertaining to historic sites or property in Historic Districts shall be referred to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the proposed change which aspects 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 Historic Preservation Commission shall report to the Construction Official within 45 days of his referral of a complete application to the Historic Preservation Commission. If within the forty-five-day period, the Historic Preservation Commission recommends to the Construction Official against the issuance of a permit to be issued, the Construction Official shall deny issuance of the permit or include the conditions in the permit as the case may be. Failure to report within the forty-five-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. Denial of a permit by the Construction Official because of an unfavorable recommendation by the Historical Preservation Commission may be appealed to the governing body in the same manner as appeals are made from decisions of the Board of Adjustment (§ 37-28 of the Leonia Code).

The terms of all present members of the Historic Preservation Commission which exist at the time this article is adopted are continued for the length of their appointment made pursuant to Chapter 8, Article V, Historic Preservation Commission, of the Borough Code.

Preparation of survey. The Historic Preservation Commission shall make a comprehensive survey of the Borough of Leonia for the purpose of identifying historic sites which are worthy of protection and preservation. The survey shall conform with the standards set forth in this article and other state or national standards for the recognition and designation of historic sites. A survey shall be made in a timely manner and submitted to the Mayor and Council and the Planning Board of the Borough of Leonia.

Standards for designation of an historic site. In considering an individual site, building, structure, district or landscape for identification as historically, architecturally or archaeologically significant, the Historic Preservation Commission shall give consideration to the following criteria:

Documentation and notification; rights of property owner. Once the Historic Preservation Commission has prepared the survey set forth in § 290-72A of this article, it shall, thereafter, by certified mail, do the following:

Public comment on proposed historic sites. Upon the completion of a survey and a list including a map setting forth those properties which were to be nominated for the designation of historic site, the Commission shall hold a public hearing on the nomination of these sites. This hearing shall be in addition to any other hearings the Commission may have had prior to the completion of the survey with individual affected property owners as provided by this article. This meeting shall be conducted in accordance with the Open Public Meetings Act. Notice of the hearing shall be published twice in the official newspaper and one notice shall not be less than 10 days prior to such hearing. At the hearing, any member of the public may offer any comments to the proposed nomination of historic sites and may offer any evidence. Members of the public need not be present but may submit documentary evidence and be represented by an agent or counsel.

Final decision by Commission. Upon the close of the public hearing, the Commission shall, within 45 days make a final decision on the nominated properties and issue a final report to the Mayor and Council and the public of the Borough of Leonia setting forth the final properties designated. The Commission's report to the Council shall include a recommendation for creation, modification, addition or deletion to the historic site zoning overlay zone within the Borough of Leonia. A true copy of that shall be supplied to the Borough Clerk, the Clerk of the Planning Board and the Clerk of the Zoning Board.

Submission of list to Borough Clerk and Planning Board. The list of historic sites shall be submitted thereafter to the Secretary of the Borough Planning Board and to the Clerk of the Borough of Leonia. Prior to the adoption of the ordinance adopting the designation list, the governing body shall refer the same to the Planning Board for recommendations. The governing body shall then consider whether to adopt the designation list and Zoning Map by ordinance. Once adopted, the designation list and Zoning Map may be amended in accordance with law.

Distribution of designation list and Zoning Map. Once the Commission has adopted the proposed nominations of historic sites, it shall, by certified mail serve a true copy of the historic site designation list and Zoning Map, as adopted, the nomination upon each property owner for the property nominated by the Commission. After the service of the notice on all such property owners, the Secretary of the Commission shall file with the Borough Clerk, an Affidavit of Notice which shall set forth the date of mailing, a copy of the notice and a copy of the certified mail receipt reflecting the service upon the property owner.

Placement of plaques. Each owner of a designated historic site may mark the site with a plaque whose form has been approved by the Historic Preservation Commission.

Actions requiring a certificate of appropriateness for Class A sites. A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued for any of the following or, in the event no other type of permit is otherwise required, before any work can commence on any of the following activities on the property of a designated historic site:

Actions requiring a certificate of appropriateness for Class B sites. A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued for any of the following or, in the event no other type of permit is otherwise required, before any work can commence on any of the following activities on the property of a designated historic site:

Application procedure. Application for a certificate of appropriateness shall be made on forms determined by the Historic Preservation Commission and available from the Zoning Officer of the Borough of Leonia. Completed applications shall be delivered to the Zoning Officer.

Application information and supporting documents. Application for a certificate of appropriateness shall include the following:

Commission decision.

Appeal to Commission of hardship. In the event that the applicant alleges that compliance with the requirements of this section of the Article would be an unreasonable hardship and that the nature of the application is such that the change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good nor specifically on historic qualities sought to be preserved; the Historic Preservation Commission, by a 2/3 affirmative vote of its full authorized membership, may grant such relief from the requirements of this section of the article as it deems consistent with the public good and the purpose of the section. Such action by the Commission shall be set forth in a written resolution adopted at a public meeting.

Request for certificate of appropriateness for alteration creating negligible impact. An applicant may allege that a certificate of appropriateness should be granted without the completion of an application set forth herein because the addition or alteration contemplated will not be visible from any place to which the public normally has access, the addition or alteration cannot adversely affect the public interest and cannot affect any architecturally significant elevation. In that event, the Historic Preservation Commission by a majority vote of its full authorized membership, upon finding that the applicant's claim is accurate, may forthwith grant a certificate of appropriateness on that basis. Such action by the Commission shall be set forth in a written resolution adopted by the Commission at a public hearing.

Demolitions. In regard to an application to demolish a historic site or any improvement within a Historic District, the following matters shall be considered:

Removals out of the Borough. In regard to an application to move an historic landmark or any structure within an Historic District to a location outside the Borough the following matters shall be considered:

Removals within the Borough. In regard to an application to move an historic landmark or any structure in an Historic District to a new location within the Borough the following matters shall be considered in addition to the matters listed in § 290-76A of this article.

Visual compatibility considered for additions, removal or changes. In regard to an application to construct a new structure in an Historic District or on an historic site, or to add to or alter an existing landmark structure, the visual compatibility of the proposed addition or alteration with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth herein.

Considerations on other actions. In any other application for any other kind of approval by the Commission, the following matters shall be considered:

Visual compatibility factors. The following factors shall be used in determining the visual compatibility of a building structure or appurtenance thereof with the buildings and places to which they are visually related:

If a certificate of appropriateness is denied by the Commission notwithstanding any approval by the Planning Board or Board of Adjustment, the administrative officer charged with issuing the permit for which the action or development application related shall deny issuance pursuant to N.J.S.A. 40:55D-111 and the provisions of this article.

Appeals relating to a certificate of appropriateness. An appeal of the grant or denial of a certificate of appropriateness is as follows:

Service of notice of violation. In the event of an alleged violation of this article, the Construction Code Official shall either, personally serve upon the owner of the lot whereon the violation is occurring or, if the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on the site describing the violation in detail and giving the owner 10 days to abate the violation by restoring the historic site or improvement to its prior condition. If the owner cannot be personally served within the municipality with the said notice, a copy of same shall be posted on the site in question and a copy be sent by certified mail, return receipt requested, to the owner at his last known address, as it appears on the Borough tax rolls.

Issuance of summons and complaint. In the event that the violation is not abated within the specified 10 day period following service and/or posting on the site in question, whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this article.