Millstone City Zoning Code
§ 30-113
HISTORIC ZONING.
A.
Applicability. The following regulations and requirements shall apply to all land and buildings within the Historic Preservation District as designated on the Zoning Map of the Borough of Millstone, June 1948 and filed with the Borough Clerk and made a part hereof by reference. Such regulations and requirements shall be in addition to those regulations and requirements pertaining to the Residential 1 and Residential 2 Districts presently applicable to the area included within the Historic Preservation District.
B.
Purpose. The purposes of these regulations and requirements are to:
(1)
Safeguard the heritage of the Borough of Millstone and to promote a sound long- range economy by preserving a substantial part of the Borough which reflects elements of its cultural, social, political and architectural history;
(2)
Stabilize and improve property values;
(3)
Foster civic beauty;
(4)
Promote the development and use of historic area for the education, pleasure and welfare of the citizens of the Borough of Millstone.
C.
Historic district commission.
(1)
In order to execute the purposes declared in this section there is hereby created a Commission to be known as "The Millstone Historic District Commission."
(2)
The Millstone Historic District Commission shall consist of five members at least three of whom shall reside within the Historic District and two Alternates. The First Alternate shall reside within the Historic District, and the Second Alternate may reside within or outside the Historic District. (Amended 4-24-2007 by Ord. No. 2007-002)
Members shall be appointed by the Mayor for a term of four years, except that the terms of two of the members first appointed shall be for a term of two years, and all shall serve without compensation. The Commission shall select its own Chairman and Secretary and such other officers as it may deem necessary, and shall also adopt such rules of procedures as it may determine to be necessary. The Commission may engage such nonresidential experts and consultants to advise and assist it as may be deemed necessary and desirable.
(3)
The Commission shall review all plans for the construction, alteration, repair, moving or demolition of structures in the Historic District and it shall have the power to pass upon such plans before a permit for such activity can be granted. In reviewing the plans, the Commission shall give consideration to:
(a)
The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
(b)
The general compatibility of exterior design, arrangement, color, texture and material proposed to be used; and
(c)
Any other factor, including aesthetic, which it deems pertinent.
The Commission shall pass only on exterior features of a structure and shall not consider interior arrangements, nor shall it disapprove applications except in regard to consideration as set forth in the previous paragraph.
(4)
Application for a building permit to construct, alter, repair, move or demolish any building or structure in the Historic District shall be made to the Zoning Officer. Plans for construction or structural alterations shall be submitted showing the structure in question and also showing its relation to adjacent structures. Upon the filing of such applications the Zoning Officer shall immediately notify the Historic District Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission.
The Historic District Commission shall meet within 15 days after notification by the Building Construction Official of the filing, unless otherwise mutually agreed upon by the applicant and Commission, and shall review the plans according to the duties and powers specified herein. In reviewing the plans the Commission may confer with the applicant for the building permit.
The Commission shall approve or disapprove such plans and if approved shall issue a Certificate of Approval, which is to be signed by the Chairman attached to the application for a building permit and immediately transmitted to the Construction Official. The Chairman shall also stamp all prints submitted to the Commission signifying its approval.
If the Commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor in writing to the Construction Official and to the applicant. The Commission may advise what it thinks is proper if it disapproves of the plans submitted. The applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit his application at any time after so doing.
The failure of the Historic District Commission to approve or disapprove of such plans within 45 days from the date of application for the building permit, unless otherwise mutually agreed upon by the applicant and Commission, shall be deemed to constitute approval and the Construction Official shall process the application without regard to a Certificate of Approval.
After the Certificate of Approval has been issued and the building permit is granted to the applicant, the Construction Official shall from time to time inspect the construction, alteration or repair approved by such certificate and shall take such action as is necessary to secure compliance with the approved plans.
(5)
The demolition or moving of structures of historic or architectural worth shall be discouraged. A Certificate of Approval is required from the Commission before the demolition or moving of a structure within the district. The Commission shall be guided by the following conditions in exercising its judgment in granting such a certificate:
(a)
The Construction Official deems such structures to be a hazard to public safety or health and repairs are economically or structurally infeasible;
(b)
Such structure is a deterrent to a major improvement program which will be of substantial benefit to the Borough;
(c)
Retention of such structure would cause undue financial hardship to the owner, which is defined as a situation where more funds than are reasonable would be required to retain the structure;
(d)
The retention of such structure would not be in the interest of the Borough as a whole.
In cases where approval of demolition is granted for reasons other than public health, safety or general welfare of the Borough, such certificate shall not become effective until six months after the date of such issuance in order to provide a period of time within which it may be possible to relieve a hardship or to cause the property to be transferred to another owner who will retain the structure.
(6)
Due to peculiar conditions of design and construction in the Historic District where structures were often built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by making variances to normal yard requirements. Where it is deemed that such variance will not adversely affect neighboring properties, the Commission may recommend to the Board of Adjustment that such variance to standard yard requirements be made.
D.
Effect of regulations. Nothing in this Section 30-113 shall be construed to prevent ordinary maintenance or repair of any structure within the Historic District; nor shall anything in this Section 30-113 be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the Construction Official, issued prior to the adoption of these regulations.
E.
Appeal. Any person aggrieved by a decision of the Historic District Commission shall have the right of appeal to the Mayor and Council.
The hearing of such appeal shall be conducted within 30 days of the filing of the application for said appeal with the Borough Clerk, and the aggrieved party and the Commission shall receive at least 10 days written notice of the time and place when such hearing will be conducted.