West Cape May City Zoning Code
§ 27-19.8
Demolitions and Relocations.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018; Ord. No. 568-2019; 9-11-2024 by Ord. No. 640-24]
a.
Criteria. On an application to demolish or move an historic building, site, place or structure, the following matters shall be considered. The Historic Preservation Commission shall consider criteria 1 through 8 in determining whether it is appropriate to demolish a structure. The Commission shall consider criterion 9 in determining whether the applicant may demolish the building on the grounds of hardship.
1.
Its historic, architectural, cultural and aesthetic significance.
2.
Its current and potential use for those purposes currently permitted by this chapter or for the use proposed.
3.
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the integrity of the historic property or district and the public interest.
4.
The extent to which it is of such significant 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 increase property values, promote business, create new positions, attract tourists, students, writers, historians, artists and artisans, attract new residents, encourage study and interest in American History, stimulate interest and study of architecture and design, educate citizens in American culture and heritage, or make the Borough of West Cape May a more attractive and desirable place to live.
6.
The impact of its removal upon the historic district.
7.
The reason for not retaining the structure or improvement at its present site, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the structure or improvement as a result of the relocation and whether moving the structure from the present site would diminish its significance.
8.
A demolition and development plan must be submitted with the Application for a Certificate of Appropriateness when any demolition is proposed. The application will not be deemed complete without this plan.
9.
The Commission shall study the question of economic hardship for the applicant and shall determine whether the site can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building the Commission shall also determine whether the applicant can obtain a reasonable return from the existing building. The Commission may ask applicants for additional information to be used in making these determinations. The request may include but is not limited to:
(a)
Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;
(b)
Assessed value of the land and improvements thereon according to the most recent assessment;
(c)
For depreciable properties a pro forma financial statement prepared by an accountant or broker of record;
(d)
All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;
(e)
Bona fide offers to purchase or rent the property, if any;
(f)
Any consideration by the owner as to profitable, adaptive uses for the property.
b.
Procedure.
1.
One/Two-Year Delay. The Commission may instruct the Construction Office to withhold approval for a period of one year for residential properties and two years for commercial properties. These delay provisions are designed to allow the Borough of West Cape May, or other interested parties, ample time and opportunity to determine whether it should acquire the property for preservation.
2.
Where Demolition Disapproved. If the Commission disapproves an application for a Certificate of Appropriateness to demolish a historic building, place or structure, the owner shall nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure, provided that all of the following requirements have been fully met:
(a)
Appeal to Planning Board. The owner may opt to appeal the denial of the Certificate of Appropriateness to the Planning Board. If the owner appeals the denial of the demolition permit, the owner may simultaneously commence marketing the property for sale for fair market value as set forth below. Alternatively, the owner may await the decision of the Planning Board.
(b)
(1)
Sale for Fair Market Value. The owner shall, prior to seeking demolition, for a period of at least one year for residential properties and two years for commercial properties, and at a price reasonably related to its fair market value in its present use as a historic site or structure, make a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person, organization, government or agency thereof or political subdivision which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto. In this instance, the market value shall be determined by an appraiser selected by the Historic Preservation Commission and at the expense of the owner.
(2)
The owners shall not have been a party to any bona fide contract binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with Subsection (b)(1) above.
(c)
Demolition Notice Posted and Publication. Notice of proposed demolition shall be posted on the premises of the building, place or structure throughout the notice period in a location such that it is clearly readable from the street. The posted notice shall remain in place for a period of time of one year for residential properties and two years for commercial properties. In addition, the applicant shall publish a notice in the official newspaper of the Borough within the first 10 days following the date of the denial by the Historic Preservation Commission or denial of the appeal by the Planning Board.
(d)
Certificate of Compliance. The property owner shall submit a Certificate of Compliance for review and approval by the Historic Preservation Commission to demonstrate that the owner has complied with the requirements of this section.
3.
Assignment. No assignment of the rights granted by a Certificate of Appropriateness shall be permitted.
4.
Expiration of Approval.
(a)
In cases where demolition is permitted, the Certificate of Appropriateness shall be valid for one year from the date of Historic Preservation Commission approval of the application. The one-year period shall not be extended.
(b)
At the time of issuance of the Certificate of Appropriateness, the Zoning Official shall designate the period of time (within the one-year approval period) within which demolition must be completed after it is initiated on site.
5.
Approval after Change of Circumstances. The Commission may at any time during such notice period, if a significant change in circumstances occurs, approve a Certificate of Appropriateness to demolish, in which event, a certificate shall be issued within 10 days thereafter.