Westville City Zoning Code
ARTICLE XI
Downtown Preservation
[Added 10-11-2000; amended 11-8-2000; 12-29-2004 by Ord. No. 35-04; 11-9-2011 by Ord. No. 9-2011; 2-8-2012 by Ord. No. 1-2012]
§ 205-57 Purpose; location.
A.
The purpose of this article is to:
(1)
Safeguard the heritage of the downtown business area (defined as "Downtown Business Overlay Zone") of the Borough of Westville by preserving that part of the Borough which reflects elements of its cultural, social, economic and architectural history.
(2)
Maintain and improve property values.
(3)
Preserve and promote the downtown business area as an essential element of municipal character and identity, as an important factor in the economy of the Borough and the property values therein.
(4)
Promote the use of the district for the education, pleasure and welfare of the citizens of the Borough and its visitors.
(5)
Further assure that construction, alterations, repairs, replacements and other such improvements within the Downtown Business Overlay Zone shall be compatible with the Borough's heritage.
B.
The Downtown Preservation Zone shall consist of areas of the municipality which are zoned C-3 Business District and further governed by the Downtown Business Overlay Zone.
§ 205-58 Definitions.
For the purpose of this article, the following words shall have the meanings indicated. Unless the context clearly denotes otherwise, the singular shall include the plural, and the plural, the singular.
ADDITION
The construction of new improvements as part of an existing improvement when such improvement changes or affects the exterior of a structure.
ADMINISTRATIVE OFFICER
The Zoning Officer or other official designated by the Borough Council empowered to accept applications, issue or deny permits and handle administrative functions in accordance with this article.
ALTERATION
A change in the appearance of a building, structure or site which is not otherwise covered by the definition of "demolition" or any other change for which a permit is required. Alteration includes the reroofing, cleaning or painting of a building or structure. Alteration shall include the word "alter."
BUILDING
A structure, its site and appurtenances created to shelter any form of human activity.
CERTIFICATE OF APPROPRIATENESS
The written approval issued by the Land Use Board or the Administrative officer when so required prior to any work or activity commencing on property set forth as within the boundaries of the Downtown Business Overlay Zone, as shown on the official municipal Zoning Map.
CONSTRUCTION
The erection of a new building, structure or object. The word "construction" shall include the word "construct."
CONTRIBUTING BUILDING, STRUCTURE, SITE OR OBJECT
An element of the built environment within a district that reflects its historical or architectural character as defined by the regulations of this article.
DEMOLITION
The razing or destruction, whether entirely or in significant part, of a building, structure, site or object. Demolition includes the removal of a building, structure or object from its site or the removal or destruction of a facade or surface. Demolition shall include the word "demolish."
DESIGN
Exterior features, including mass, height, appearance and the texture, nature and composition of materials.
DOWNTOWN BUSINESS SITE
Any real property, man-made structure, natural object or configuration or any portion or groups of the foregoing which fall within the Downtown Business Overlay Zone.
IN-KIND
Any repair or replacement of an existing architectural feature with the same type of material, same shape, same style and same function.
OBJECT
A material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable, yet related to a specific setting or environment (as a monument or historic road marker).
PRESERVATION
The act or process of applying measures to sustain the existing form, integrity and material of a structure. It may include work to prevent further deterioration, ongoing maintenance or other similar actions.
REHABILITATION
The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.
RESTORATION
The act or process of accurately recovering the form and details of a structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
STREETSCAPE
The visual character of the street, including its architecture, fences, gates, storefronts, signs, lighting, paving and relationship of buildings to the right-of-way of the street.
§ 205-59 Permitted uses.
All uses permitted in the Downtown Preservation Zone shall be those designated in § 205-50, Use restriction overlay, of the Borough of Westville Code. Such uses shall not be altered by further designation as being within the downtown preservation.
§ 205-60 District boundaries.
There is hereby established in the Borough of Westville a district to be known as the "Downtown Preservation Zone" and defined for the purpose of this article as follows: The boundary lines of the Downtown Preservation Zone shall be the same as the Downtown Business Overlay Zone. This zone's limits shall be as shown on the official Zoning Map of the Borough of Westville.
§ 205-62 Certificate of appropriateness.
A.
Application for certificate of appropriateness.
(1)
A certificate of appropriateness issued by the Land Use Board or the administrative officer shall be required before a permit is issued or, in the event that no other type of permit is otherwise required, before work or activities can commence on or about the exterior architectural features of a structure in the Downtown Preservation Zone which are subject to public view from a public street, way or place, including but not limited to construction, alteration, addition, repairs, replacement, restoration, rehabilitation, signs, awnings, lighting, fences, paving, walks, curbs, moving or demolition or development for a lot and block located in the C-3 Downtown Business Overlay Zone. Excluded are in-kind repairs pursuant to Subsection A(4).
(2)
All applications for a certificate of appropriateness shall be made by the legal or beneficial owner or owners of a structure or lot, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such structure or lot, classified or listed within the Downtown Preservation Zone and filed with the administrative officer on the form provided by that officer with 10 copies.
(3)
The contents of the application shall consist of the following:
(a)
When the application is for exterior architectural changes replacing existing architectural features with new materials, textures and dimension that do not match existing materials, textures and dimensions, such as replacement windows, siding, etc., the application shall be accompanied by photographs of the building showing the features to be replaced, a written description of the work (for example, a builder's estimate or an architect's scope of work) and the material specifications (architect's technical specification or manufacturer's literature describing the replacement materials).
(b)
When the application is for the addition of new exterior architectural elements, such as a porch, deck, railing, window, bay, wing, story, roof, etc., or the adding of a new building to the site, the application shall be accompanied by photographs of the structure, a written description of the work (for example, a builder's estimate or an architect's scope of work), material specifications (architect's technical specification or manufacturer's literature describing the replacement materials) and architectural drawings (plans, elevations, site plan, etc.).
(c)
When the application is for restoration or rehabilitation of the building to an earlier historic appearance, in addition to the material described above for the type of work involved, the application shall be accompanied by historical documentation (description of physical architectural evidence, historic photographs and documentary evidence) to support the restoration or rehabilitation decisions.
(d)
Additionally, the applicant shall submit such photographs, diagrams, architectural drawings, specifications or other materials sufficient to adequately inform the the Land Use Board or the Administrative officer of the nature of the work for which the application is made. The administrative officer shall determine if the information is sufficient to constitute a complete application and, if the application is incomplete, shall so notify the applicant within 14 days of the date of submission.
(4)
Exemption. A certificate of appropriateness shall not be needed for repairs wherein the cost of such repairs is less than $1,000 and the repairs in question constitute an exact replacement of that which existed prior to the need for the repairs in question. To receive this exemption, the property owner shall submit an application to the administrative officer for such repairs with a photo of the existing condition or conditions and estimate of cost.
B.
Review process for certificates of appropriateness.
(1)
The administrative officer shall review the application for a certificate of appropriateness and if the improvements or repairs conform with the requirements of this article and the standards and review procedures as defined in this article for use by the Land Use Board for downtown preservation, the administrative officer is empowered to issue a certificate of appropriateness, with or without conditions. A written report of all such issuances shall be provided to the Land Use Board. Approved applications will be presented to the Land Use Board for memorialization. Denial of certificates of appropriateness shall be reviewed by the Land Use Board at the discretion of the applicant. An applicant may request a review of his application by the Land Use Board in lieu of review by the administrative officer.
(2)
In the event that no action is taken within the above-mentioned forty-five-day period, the application shall be deemed to have been approved without conditions unless the applicant agreed to a postponement.
(3)
At the Land Use Board meeting wherein members intend to vote upon an application, the the Land Use Board shall permit individuals interested in the application to comment orally and/or in writing upon the application for a certificate of appropriateness. The vote shall include a statement of the reasons for the action taken, and the applicant shall be provided with a copy of that statement.
(4)
The Land Use Board shall review complete applications at its next regularly scheduled meeting.
(5)
Preliminary drawings may be submitted to the Land Use Board for review and counsel before proceeding with final plans.
C.
Guidelines for interpretation.
(1)
It is the intent of this section that the Land Use Board shall:
(a)
Consider only the exterior features of a structure or site visible from a public street, way or place.
(b)
Consider, in passing appropriateness of exterior architectural features in a site plan or major development, and consider among other things the general design, arrangements and material of the building(s) or structure(s) in accordance with the standards of review as set forth in this article and also lighting, awnings, fences and walkways, and the relationship of such factors to similar features of structures in the immediate surroundings and the position of such structures in relation to the street or public way.
(c)
Be strict in their judgment of plans for alteration, addition, repair, replacement, restoration, rehabilitation or demolition of existing structures deemed to be of historic or architectural or business significance to the municipality.
(d)
Be lenient in their review of alteration, repair, replacement, addition of structure or parts of structures of little historic or architectural or business value, except where such alteration, repair, replacement or addition would damage the historic, architectural or business value and character of adjacent or nearby structures or the streetscape.
(e)
Discourage the demolition of structures that have historic significance or that are valuable for the period of architecture that they represent or for their contribution to the integrity of the streetscape.
(f)
In the case of an application for a certificate of appropriateness to demolish a structure, consider as part of that determination the site plan and all aspects of the exterior design of the proposed new structure.
(2)
Nothing in this section shall prohibit repairing or rebuilding any structure in the district so as to maintain or return the structure to its original condition prior to the deterioration or destruction.
D.
Emergency repair procedures. Emergency repairs shall consist only of those immediate remedial actions undertaken to alleviate the cause of damage to life or property where time will not permit the owner to obtain a certificate of appropriateness and a building permit prior to their undertaking. Upon notification by the property owner to the administrative officer, that officer shall request the Chairman of the Land Use Board to inspect the property, or assign a qualified member of the Land Use Board to do so, and determine the nature of the emergency, whether repair is feasible or, if not, the appropriateness of the replacement. The Chairman may call upon qualified professional expertise to assist in this determination. The Chairman shall provide a written report to the administrative officer so that a permit may be issued.
§ 205-63 Review standards.
A.
Policy intent. In reviewing any application for a certificate of appropriateness, the Land Use Board shall make its determinations as to whether an application should be approved, approved with conditions or denied on the basis of the purposes of this article, the provisions of this article and the following design criteria. The standards and design criteria are requirements. The guidelines and description of style and checklist provide general design and technical recommendations and shall be made available to applicants, their architects, contractors and subcontractors. The approach taken by the Borough of Westville in establishing design criteria in the Downtown Preservation Zone is based on the fact that portions of the district have an architectural cohesiveness of a period of time and, therefore, new construction, additions and major alterations in the Downtown Preservation Zone should have an appropriateness of design which should enhance the character of the district.
B.
Performance standards. The following standards shall be used in evaluating any application for a certificate of appropriateness:
(1)
Every reasonable effort shall be made by the applicant to provide a compatible use for a property which requires the minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. However, if an earlier appearance of a building is of primary significance, then restoration may be the preferred treatment. Removal of later changes may be allowed in certain cases if such changes alter, obscure or destroy the building's character-defining space, materials, features or finishes of the building as it appeared during its primary period of significance.
(5)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features.
(7)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and land character of the property, neighborhood or environment.
(10)
Whenever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were removed in the future, the essential form and integrity of the structure would be unimpaired.
C.
Design criteria. In assessing design of any proposed additions or new construction, the following design criteria shall be considered, in conjunction with the standards of review set forth above, by the the Land Use Board. These design criteria shall be used to analyze the effect that the change applied for would have on the structure or improvements within the Downtown Preservation Zone or immediate surrounding areas, as follows:
(1)
Area and height regulations. Maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in the Downtown Overlay Zone, except the Land Use Board may grant a variance, where necessary, to preserve historic characteristics.
(2)
Proportion of facade. The relationship of the width of the building to the height of the front elevation shall be visibly compatible with the building and places to which it is visibly related.
(3)
Position of openings. The relationship of the width of windows to the height of windows in a building shall be visibly compatible with the buildings and places to which it is visibly related.
(4)
Rhythm of solids. The relationship of solids to voids in such facades of a building shall be visibly compatible with the buildings and places to which they are visibly related.
(5)
Rhythm of spacing. The relationship of the building to the open space between it and adjoining buildings shall be visibly compatible with the buildings and places to which it is visibly related.
(6)
Rhythm of entrances. The relationship of entrances and porches to the street shall be visibly compatible to the buildings and places to which they are visibly related.
(7)
Relationship of materials. The relationship of materials, texture and color of the facade and roof of a building shall be visibly compatible with the predominate materials used in buildings to which they are visibly related.
(8)
Roof. The roof shape and pitch of a building shall be visibly compatible with the buildings to which it is visibly related.
(9)
Continuity of walls. Walls and open fencing shall maintain visual compatibility with the buildings and places to which they are visibly related.
(10)
Scale of building. The site of a building, mass of a building in relation to open spaces, the windows and door openings, porches and balconies shall be visibly compatible to the buildings and places to which they are visibly related.
(11)
Directional expression. A building shall be visibly compatible with buildings and places to which it is visibly related in its directional character, whether this be vertical character or horizontal character.
§ 205-64 Signs.
A.
In addition to conforming to the regulations contained in the Zoning Ordinance, approval of the display of a sign may be granted by the Land Use Board of Westville only when such signs and the plans therefor, so far as they relate to the appearance, color, lettering, size, texture of materials, design, position and method of attachment, conform to the historical and distinctive character of the Downtown Preservation Zone and are not detrimental to the architectural and historical significance.
B.
No sign in the Downtown Preservation Zone shall be placed on a building or structure in such a way as to obscure or mar any architectural feature deemed to be important to the architectural integrity of the building or structure.
C.
All applications for sign permits within the Downtown Preservation Zone of the Borough of Westville shall be submitted to the Land Use Board and shall be made upon forms furnished by the administrative officer. Such an application shall also be accompanied by the appropriate number of sketches and drawings showing details of construction and foundation, when required by the Building Code of the Borough,[1] and shall delineate the size, shape, design, color, lighting, lettering, texture of material and position in relation to the building from or upon which it shall be displayed.
[1]
Editor's Note: See Ch. 142, Construction Codes, Uniform.
§ 205-65 Inspection of work.
All work performed pursuant to the issuance of a certificate of appropriateness for the alteration or demolition of a building, structure, site or object subject to the review of the Land Use Board shall conform to the requirements of the permit. It shall be the duty of the administrative officer to inspect from time to time any work performed pursuant to and in accordance with the permit requirements; the administrative officer shall issue a stop-work order, and all work shall cease until the work is brought into conformity with the requirements of the permit. The work to be performed under a certificate of appropriateness shall commence within one year of its issuance or the certificate shall be deemed null and void.
§ 205-66 Violations and penalties; enforcement.
A.
Each individual alteration shall be considered a separate and distinct offense under the provisions of this chapter.
B.
Any person who alters or demolishes a building, structure, site or object in violation of the provisions of this article or in violation of any conditions or requirements specified in a permit shall be required to restore the building, structure, site or object involved to its appearance prior to the violation.
C.
Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipality's ordinances or regulations.
D.
In the event of any inconsistency, ambiguity or overlapping of requirements between this article and any other requirement enforced in the municipality, the more restrictive shall apply, to the effect that state and federal legislation has not preempted the municipality's power to enforce more stringent standards.
