Trenton City Zoning Code
ARTICLE 15
Historic District Regulations
§ 315-15.1 RESTORATION PERMIT.
A.
No person may construct, reconstruct, alter, paint, or restore a structure, or move a structure into or within an historic district, nor may any person cause any such work to be performed, nor may any construction permit for such work be issued by the Construction Official, unless a restoration permit has been approved by the Landmarks Commission for Historic Preservation (Landmarks Commission) or, in the case of a development application, by the Planning Board or Zoning Board of Adjustment. For solar panels and wind turbines, per Article 9, approval of a restoration permit by the Landmarks Commission is required.
B.
When emergency repairs are required, the Construction Official must notify the City's Historic Preservation Officer and a recommendation regarding emergency repairs will be made within 48 hours. The Construction Official may allow temporary repairs to a historic site prior to the Landmarks Commission's review when these repairs are necessary for the building's occupancy or for public safety. All emergency repairs must be made to conform to the provisions of this section within 90 days. The repairs performed must only be such that are necessary to maintain the habitability of the structure. A request for the Commission's review must be made as soon as possible and no additional work can be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this Ordinance.
C.
In the event that the proposed activities described in item A above are included in a development application submitted for the approval of a subdivision, site plan, conditional use, variance, or change of use, the Planning Board or the Zoning Board of Adjustment must provide the Landmarks Commission an informational copy of the application. However, failure to make the informational copy available does not invalidate any hearing or proceedings.
1.
The Landmarks Commission must provide its advice through a written report submitted by the Commission or by the oral testimony of its staff or one of its members at the hearing on the application. The Commission must make any recommendations within 45 days from the date the application for a restoration permit is listed on the agenda.
2.
The Planning Board or Zoning Board of Adjustment will review any such development application to determine whether the proposed activity conforms with the design criteria and guidelines of this Article. In the event that the proposed activity conforms with such criteria and guidelines, the applicable Board will approve a restoration permit when it issues the other required approvals.
D.
In the event that the proposed activities described in item A above are not included in a development application or subject to the issuance of a permit, application must be made to the Landmarks Commission or the Construction Official for the issuance of a restoration permit. The Construction Official must immediately refer the application to the Landmarks Commission.
1.
The Landmarks Commission must complete its review of the application for a restoration permit and submit its report to the Construction Official within 45 days from the date the application for a restoration permit is listed on the agenda and determine whether the proposed activity conforms with the criteria and guidelines of this Article.
2.
In the event that the proposed activity conforms with such criteria and guidelines, the Landmarks Commission will approve a restoration permit for such activity. The Landmarks Commission must notify the Construction Official, in writing, of its action.
3.
Failure of the Landmarks Commission to report within the 45 day period constitutes a report in favor of the issuance of the restoration permit. If the Landmarks Commission recommends to the Construction Official against the issuance of a restoration permit or recommends conditions to the restoration permit to be issued, the Construction Official will deny the issuance of the permit or include the conditions in the restoration permit as the case may be.
E.
A denial or negative recommendation of a restoration permit by the Landmarks Commission may be appealed to the City Council as follows:
1.
In the case of a decision of the Landmarks Commission constituting a denial or negative recommendation, the applicant may, within ten days, request a reconsideration, review or reversal of such decision by filing a written request for same with the City Clerk. Upon timely filing of such request, the City Clerk will schedule the matter for a hearing before City Council.
2.
No decision or recommendation of the Landmarks Commission, to which timely objections have been filed, will be final until reviewed and approved by City Council at such hearing.
3.
If, after a hearing, the City Council determines to reverse the decision under review, in whole or in part, or otherwise to withhold approval of any such decision, it must so state and return the matter to the Landmarks Commission with a summary of its findings and with direction to reissue its decision in conformance with the decision of City Council, or to clarify, reconsider, or otherwise dispose of the issue before it within 15 days of the City Council's decision, or such other time as may be necessary to avoid undue delay or hardship.
4.
Failure of the Landmarks Commission to report within the period in item C above constitutes a report in favor of issuing the restoration permit.
§ 315-15.2 COMMISSION ADVICE ON ANY DEVELOPMENT APPLICATION.
The Landmarks Commission may provide its advice pertaining to any development application or other application pending before the Planning Board or the Zoning Board of Adjustment. Such advice may be conveyed through the Commission's delegation of one of its members or staff to testify orally at the hearing on any application and to explain any written report that the Landmarks Commission may have submitted.
§ 315-15.3 RESTORATION PERMIT GENERAL STANDARDS.
An application for a restoration permit must meet the Secretary of the Interior's Standards for the Treatment of Historic Properties and the following standards:
A.
Is consistent with the additional criteria of this Article and with the purposes of this Ordinance.
B.
Would not adversely affect the character and appearance of the historic district, the relationships among structures, or the appearance between structures and public ways in the district.
C.
Would not adversely affect the exterior architectural features and setting of the structure and its historical and architectural interest.
§ 315-15.4 NEW CONSTRUCTION, ADDITIONS, AND MOVING OF STRUCTURES.
A restoration permit to permit the construction of new structures or additions to existing structures, to move structures into or within an historic district, or involving proposed activities pertaining to outbuildings within a historic district must meet the standards of this Section.
A.
It is not the intent of these standards and this Article to discourage contemporary architectural expression or solely to encourage new construction that emulates existing buildings of historic or architectural interest of a certain period or specific architectural style, but to preserve the integrity and authenticity of the historic district, to ensure the compatibility of the new structures to the greatest extent possible, and to encourage diverse but compatible architecture. If past architectural styles are to be used, a copy of a specific structure is preferable to an amalgam of building types and styles.
B.
The proposed structure is not incongruous with the existing streetscapes of the historic district.
C.
The proposed structure is visually compatible with the structures and places to which it is visually related, as determined by the following standards:
1.
The height of the proposed structure is visually compatible with the adjacent structures.
2.
The relationship of the width of the proposed structure to the height of the front elevation is visually compatible with structures and places to which it is visually related.
3.
The relationship of the width of windows to the height of windows in a proposed structure is visually compatible with the structures and places to which it is visually related.
4.
The relationship of solids to voids in the front facade of a proposed structure is visually compatible with the structures and places to which it is visually related.
5.
The relationship of the proposed structure to the open space between it and adjoining structures is visually compatible with the structures and places to which it is visually related.
6.
The relationship of entrance and porch projections to the street is visually compatible with the structures and places to which it is visually related.
7.
The relationship of materials and textures of the facade and roof of a proposed structure is visually compatible with the predominant materials used in the structures to which it is visually related.
8.
The roof shapes of a proposed structure is visually compatible with structures to which it is visually related.
9.
Appurtenances, such as walls and open-type fencing, form cohesive walls of enclosure along the street to the extent necessary to maintain visual compatibility of the main structure with the structures and places to which it is visually related.
10.
The size of the proposed structure, the mass of the proposed structure in relation to open spaces, the windows, door openings, porches and balconies is visually compatible with the structure and places to which it is visually related.
§ 315-15.5 EXISTING STRUCTURES - EXCLUDING DEMOLITION OR REMOVAL.
A.
A restoration permit for proposed activities pertaining to existing structures, other than those cited in § 315-15.4 or the demolition or removal of such structure from the historic district, must meet one of the following standards:
1.
Preserves or enhances the historical or architectural value and character of the structure.
2.
Seeks to return the structure, or the part covered by the application, to a known or reasonably conceived previous appearance, except that modifications of structures lacking architectural merit and not in character with the historic district must be considered when the modifications make the building more compatible.
B.
In determining whether the applicant's proposal will restore the authenticity of the structure, the following standards, among other appropriate factors, must, when feasible, be followed:
1.
Existing materials, if they are the original materials of the original structure or remodeling that is being restored, should be maintained and repaired rather than replaced.
2.
Distinguishing original qualities or character of a building, structure or site, and its environment, should not be destroyed. The removal or alteration of any historic material, distinctive architectural feature or examples of skilled craftsmanship should be avoided.
3.
Architectural details of the original construction or remodeling that is being restored or altered should be retained. This includes, but is not limited to, cornices and their brackets; window trims, such as molded lintels; porch elements, such as posts, balustrades and spindles; doors and windows, particularly their size and the number and size of the individual panes.
4.
Structures and sites in an historic district are recognized as products of their own time. Alterations that have no historic basis and that seek to create an earlier or later appearance should be discouraged.
5.
If an element must be replaced rather than repaired, a copy of the original is preferable to a similar or conjectural piece.
6.
If a copy of a missing piece cannot be obtained, similar or conjectural items are preferable to none at all.
7.
In the event replacement of original materials is necessary, the new materials should match the material being replaced in design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence to the extent possible, rather than conjectural designs or the availability of different architectural elements from other buildings.
8.
The original siding and roofing material should be maintained or repaired, and if replacement is needed, it should be of the same material and size. If the same material is not available, a substitute material should be of the same color, shape, size and texture. Substitute material may also be considered by the board if it provides significant benefits to sustainability, durability, or resilience, but must still be of the same color, shape, size, and texture.
9.
Storm windows and doors should be as unobtrusive as possible. Any storm windows or doors must be approved by the board.
10.
The surface cleaning of structures must be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials are prohibited.
§ 315-15.6 DEMOLITION OR REMOVAL OF STRUCTURES.
A.
Demolition.
1.
The Landmarks Commission must consult civic groups and public agencies and officials to determine how the City may preserve the building or premises. The Landmarks Commission must attempt, with the owner, to establish feasible plans for preservation of structures where moving or demolition thereof would be a significant loss to the public and the City. The Landmarks Commission must approve or deny a restoration permit for demolition and removal.
2.
In regard to an application to demolish any structure within an historic district, the following matters must be considered:
a.
Its historic, architectural, and cultural significance.
b.
Its potential for use for those purposes currently allowed in the zoning district.
c.
Its importance to the City and the extent to which its historical, architectural, or cultural value is such that its removal would be detrimental to the public interest.
d.
The extent to which it is of such old, unusual, or uncommon design, craftsmanship, texture, or material that it cannot be reproduced or could be reproduced only with great difficulty and cost.
e.
The extent to which its retention or rehabilitation would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting visitors, students, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating study in architecture and design, educating citizens in American culture and heritage or making the City a more attractive and desirable place in which to live.
f.
If it is within an historic district, the probable impact of its removal upon the character of the district.
3.
This section is intended to encourage the preservation of historical buildings and to offer the City, interested persons, historical societies, or other organizations the opportunity to acquire or to arrange for the preservation of buildings.
4.
In regard to the application to move any structure from a district to a location outside the district, the following criteria must be considered:
5.
The restoration permit application must come before the Landmarks Commission for approval.
B.
Emergency Demolition.
If the Construction Official determines that the structure is in danger of imminent collapse or is an immediate danger to public safety, he/she may order the structure demolished immediately. The Construction Official must issue a report to and file a Restoration Permit with the Landmarks Commission stating the reasons for the order.
§ 315-15.7 COMPLETION OF ACTIVITIES UNDER RESTORATION PERMIT.
Activities authorized by a restoration permit must be completed within 12 months of the date of issuance, unless the term is extended by the Planning Board, the Zoning Board of Adjustment, or the Landmarks Commission, as applicable.
§ 315-15.8 DESIGNATED LANDMARKS AND HISTORIC SITES.
The following districts and buildings have been designated historic sites and districts to which the provisions governing historic preservation apply and, pending review and recommendation of the Planning Board of any modifications thereof, remain as designated and subject to the regulations and restrictions of this Article and Ordinance.
DESIGNATED HISTORIC DISTRICTS AND SITES | |
|---|---|
HISTORIC DISTRICTS | |
Berkeley Square Historic District | |
Ewing-Carroll Historic District | |
Fisher-Richey-Perdicaris Place Historic District | |
Greenwood-Hamilton Historic District | |
Hanover-Academy Historic District | |
Mill Hill Historic District | |
South Warren Historic District | |
State House Historic District | |
Yard Avenue Historic District (demolished) | |
HISTORIC SITES | |
Ackerman Building | 210 E Hanover Street |
Adams and Sickles Building | 1 West End Avenue |
Cadwalader Park | Parkside Avenue |
Carver Center | 40 Fowler Street |
Champale Office | 1024 Lamberton Street |
Delaware and Raritan Canal | City-wide |
Delaware and Raritan Canal House | 1 Prospect Street |
Dickinson House | 701 N Clinton Avenue |
Douglass House | 165 E Front Street |
Elks Lodge No. 105 | 120 N Warren Street |
Ellarslie Mansion | Cadwalader Park |
Emlan House | 312 W State Street |
First Presbyterian Church | 120 E State Street |
Fitzgibbon/Crisp Warehouse (demolished) | |
Friends Meeting House | 180 E Hanover Street |
Golden Swan | 101-103 S Warren Street |
Grinslade's Blacksmith | 334 N Olden Avenue |
John T. Nixon/Higbee School | 20 Bellevue Avenue |
Kelsey Building | 101 W State Street |
Ladder Company No. 2 | 1005 S Clinton Avenue |
League of Women Voters (interior) | 2014 W State Street |
Mercer Cemetery | 100 Block South Clinton Avenue |
Mercer Street Friends Center | 151 Mercer Street |
Mount Carmel Guild | 73 N Clinton Avenue |
Mt. Zion Church | 135-137 Perry Street |
New Jersey National State Bank | 1 W State Street |
N.J. Employees Association (demolished) | 15 W State Street |
N.J. Steel and Iron Co. Building/Copper Iron Works | 501 John Fitch Way |
Old Barracks | Corner of Front & Willow Streets |
Old City Hall | 2 N Broad Street |
Old Eagle Tavern | 429-431 S Broad Street |
Old Masonic Temple | Barracks & W Lafayette Streets |
Old Mill House | 1 Mill Road |
Pentecostal Church (demolished) | 207 N Montgomery Street |
Reading Freight Station | 260 N Willow Street |
Roebling Mansion (interior) | 222 W State Street |
Rudolph Kuser Estate | 315 W State Street |
Saint Michael's Episcopal Church | 140-144 N Warren Streets |
Shaky Bridge | Mahlon Stacy Park |
Site of Hunterdon County House and Prison Walls | 16 S Warren Street |
The Hermitage | 46 Colonial Avenue |
Trenton Battle Monument | N Broad & N Warren Streets |
Trenton City Hall | 139 E State Street |
Trenton Elks Lodge No. 105 (interior) | 120 N Warren Street |
Trenton Public Library (interior) | 130 Academy Street |
Trenton State Prison Administration Building | Third Street |
Trenton State Prison Warden's House | 392 Second Street |
William Trent House | 15 Market Street |
48-52 Passaic Street | |