[Added 3-20-1991 by Ord. No. P-136]

The Secretary of the Interior's Standards For Historic Preservation Projects, Appendix C of the Historic Preservation Plan Element of the Hoboken Master Plan, shall guide the Historic Preservation Commission's decision making recommendations concerning all applications involving an historic site or property in an historic subdistrict.

A. General standards. In addition to the Secretary of the Interior's standards, the following standards may be applied in review of applications before the Commission:

(1) Every reasonable effort shall be made to provide a compatible use for a property that requires 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 which 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.

(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 whenever 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 duplications of features substantiated by historical, physical or pictorial evidence rather than on conjectural design or the availability of different architectural elements from other buildings or structures.

(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 acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project

B. Standards for protection. [The general standards in Subsection A(1) through (8) are inclusive.]

(1) Before applying protective measures, which are generally of a temporary nature and imply future historic preservation work, an analysis of the actual or anticipated threats to the property shall be made.

(2) Protection shall safeguard the physical condition or environment of a property or archaeological site from further deterioration or damage caused by weather or other natural, animal or human intrusions.

(3) If any historic material or architectural features are removed, they shall be properly recorded and, if possible, stored for future study or reuse.

C. Standards for stabilization. [The general standards in Subsection A(1) through (8) are inclusive.]

(1) Stabilization shall reestablish the structural stability of a property though the reinforcement of loadbearing members or by arresting material deterioration leading to structural failure. Stabilization shall also reestablish weather-resistant conditions for a property.

(2) Stabilization shall be accomplished in such a manner that it detracts as little as possible from the property's appearance. When reinforcement is required to reestablish structural stability, such work shall be concealed wherever possible so as not to intrude upon or detract from the aesthetic and historical quality of the property, except where concealment would result in the alteration or destruction of historically significant material or spaces.

D. Standards for preservation. [The general standards in Subsection A(1) through (8) are inclusive.]

(1) Preservation shall maintain the existing form, integrity and materials of a building, structure or site. Substantial reconstruction or restoration of lost features generally are not included in a preservation undertaking.

(2) Preservation shall include techniques of arresting or retarding the deterioration of a property through a program of ongoing maintenance.

E. Standards for rehabilitation. [The general standards in Subsection A(1) through (8) are inclusive.]

(1) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

(2) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

F. Standards for restoration. [The general standards in Subsection A(1) through (8) are inclusive.]

(1) Every reasonable effort shall be made to use a property for its originally intended purpose or to provide a compatible use that will require minimum alteration to the property and its environment.

(2) Reinforcement required for structural stability or the installation of protective or code-required mechanical systems shall be concealed whenever possible so as not to intrude or detract from the property's aesthetic and historical qualities, except where concealment would result in the alteration or destruction of historically significant materials or spaces.

(3) When archaeological resources must be disturbed by restoration work, recovery of archaeological material shall be undertaken in conformance with current professional practices.

G. Standards for reconstruction. [The general standards in Subsection A(l) and (8) are inclusive.]

(1) Reconstruction of a part or all of a property shall be undertaken only when such work is essential to reproduce a significant missing feature in an historic district or scene and when a contemporary solution is not acceptable.

(2) Reconstruction of all or a part of an historic property shall be appropriate when the reconstruction is essential for understanding and interpreting the value of an historic district or when no other building, structure, object or landscape feature with the same associative value has survived and sufficient historical documentation exists to ensure an accurate reproduction of the original.

(3) The reproduction of missing elements accomplished with new materials shall duplicate the composition, design, color, texture and other visual qualities of the missing element. Reconstruction of missing architectural features shall be based upon accurate duplication of original features, substantiated by historical, physical or pictorial evidence rather than upon conjectural designs or the availability of different architectural features from other buildings

(4) Reconstruction of a building or structure on an original site shall be preceded by a thorough archaeological investigation to locate and identify all subsurface features and artifacts.

(5) Reconstruction shall include measures to preserve any remaining original fabric, including foundations subsurface and ancillary elements. The reconstruction of missing elements and features shall be done in such a manner that the essential form and integrity of the original surviving features are unimpaired.

H. Standards for new construction. [The general standards in Subsection A(1) through (8) are inclusive.]

(1) In considering whether to approve or disapprove an application for a permit for new construction in an historic district, the Commission shall be guided by standards of the Secretary of the Interior and the following compatibility standards.

(2) New construction need not replicate historic older buildings or structures but may reflect contemporary design standards while using contemporary design elements that relate to the existing historic structures that surround the new structure. Building height, width, mass and proportion affect the degree of compatibility between the old and the new.

(a) Site and setting. A developer intending to utilize an historic resource as a part of a development must consider the context of the resource's original site by honoring the original historic intention of said resource and integrating it respectfully into the new development.

(b) Building height. Height should be visually compatible with adjacent buildings. The apparent physical size, scale and height should relate to existing resources.

(c) Openings on frontal facades. The width and height of windows, doors and entries must harmonize in scale and proportion with the width and height of windows, doors and entries of buildings and structures of historic significance in the surrounding environment.

(d) Relationship of unbroken planes to voids (i.e., punctured planes) in front facades, The relationship of unbroken planes (i.e., walls) to voids (i.e., windows and doors) on the facade of a building or structure should be aesthetically harmonious with that of buildings and structures of historic significance in the surrounding environment.

(e) Relationship of vacant land to buildings/structures. The relationship of a building or structure to the vacant land between an adjoining building or structure should not violate the existing paradigmatic spatial relationship of historically significant structures to the vacant land between said structures and adjoining buildings. The building mass in large architectural projects can be varied in form by using setbacks to create open spaces and landscaping when desirable to provide harmonious visual transitions between new construction and the adjacent historic properties.

(f) Relationship of exterior projections to the street. The relationship of exterior projections to the street in new construction should be aesthetically harmonious with the relationship of exterior projections to the street in the surrounding existing buildings of historic significance.

(g) Relationship of major exterior building materials. The major exterior building materials on the facade of a building or on a structure should reflect the predominant major building materials existent on the facades of historically significant buildings and on structures in the surrounding environment

(h) Roof forms. The roof form and slope of a building or structure is a major element in the visual image of the building. Therefore, designers must take mm to honor paradigmatically in new construction the existing historic roof forms and slopes so as not to violate the aesthetic harmony of the whole.

(i) Continuity in visual imagery of appurtenances. Appurtenances of a building or structure such as walls, fences and landscaping shall honor the relationship of appurtenances to buildings of historic significance in the surrounding environment.

(j) Scale of buildings. The scale of buildings and structures shall be in scale with the buildings and structures of historic significance.

(k) Signage. Permanent signs which are out of keeping with the character of the environment in question should not be used. Excessive size and inappropriate placement on buildings results in. visual clutter. [Amended 6-5-1991 by Ord. No. P-144]

(l) Site planning. The site planning of landscaping, parking facilities, utility and service areas, walkways and appurtenances must reflect the site planning of landscaping, parking facilities, utility and service areas, walkways and landscape feature reticulate to buildings or structures of historic significance.

I. Relocation of a landmark or property located in an historic district. In considering whether to recommend, approve or disapprove an application for a permit to relocate a building, object or structure designated an historic landmark or located in an historic district, the Commission shall be guided by the following considerations-.

(1) The historic character and aesthetic interest the building, structure or object contributes to its present setting.

(2) Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be.

(3) Whether the building, structure or object can be moved without significant damage to its physical integrity.

(4) Whether the proposed relocation area is compatible with the historical and architectural character of the building, object or structure.

J. Demolition.

(1) The following shall be considered in regard to an application to demolish an historic building, structure, site or object:

(a) Its historic, architectural and aesthetic significance.

(b) Its use.

(c) Its importance to the city and the extent to which its historic or architectural 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 could not be reproduced or could be reproduced only with great difficulty.

(e) The probable impact of its removal upon the ambience of the historic district

(f) The structural soundness and integrity of the building so as to comply with the requirements of the State Uniform Code.

(g) The effect on the remaining portion of the building, structure site, object or landscape feature in cases of partial demolition.

(2) In the event that a structure is unsafe or unsound so as to pose a danger to health or safety, the power and authority of the City of Hoboken. to demolish the structure, as otherwise provided by law, shall not be impaired or altered in any way by the provisions of this chapter. The city "I be exempt from making an application to the Commission but shall notify the Commission prior to the demolition.

(3) If an application to demolish is denied, the applicant shall follow the appeal process detailed herein for denial of certificates of appropriateness.

A. Purpose: the purpose of this section is to encourage development of residential buildings which are sympathetic to and compatible with the dominant "Hoboken look" in housing which has been identified as a mix of brick and brownstone characteristic of townhouses and small apartment buildings built in the late nineteenth and early twentieth centuries Such buildings often have stoops with fences, bay windows, projecting cornices and a high ratio of glass to masonry on the street facade.

B. Application:

1) All residential buildings whether newly constructed or substantially altered shall be subject to the regulations in this section whether or not they are subject to review and approval by either the Planning Board or Zoning Board of Adjustment for site plan or variance requests.

2) The project architect will be responsible for providing sufficient drawings, calculations and general notes to specifically identify how the proposed building complies with the regulations set forth below.

3) Terminology: the word "facade" as used in this section refers to the building wall facing the street. In most instances, this will only be the front wall. In the case of a corner building, the regulations apply to both building walls facing the street.

C. Materials:

1) To be used over at least 75% of the building facade:

a) standard brick masonry

b) stone (e.g., brownstone, limestone, sandstone)

2) To be limited to less than 25% of the building facade:

a) wood

b) synthetic stucco systems or exterior insulation and finish systems

c) cement stucco

D. Articulation: variation in the surface is to be achieved with a combination of some or all of the following features: bay windows, balconies, stoops, and vertical and/or horizontal demarcations as outlined below:

1) Vertical articulation: vertical demarcations shall be required no less than every 50 linear feet of street facade; these may be achieved by a change of color or material, by a stack of bay windows or balconies, or by a vertical "line" created by the application of a different material or by a variation in the surface of the facade (minimum variation of 8 inches).

2) Horizontal articulation: horizontal demarcations shall be required for any building taller than four stories; such elements as a cornice line, a course of brick or stone which projects or is differently colored or differently laid, a floor (such as the ground floor) which has a different material from that of the main facade, balconies located only on one floor across the face of the building will satisfy this requirement.

E. Fenestration

1) All windows shall be inset in the masonry opening a minimum of three (3) inches and shall be operable (i.e., ribbon windows and extensive glazing such as curtain wall construction shall not be permitted).

2) The pattern or rhythm of fenestration shall be similar to that of the residential buildings on the balance of the same or opposite blockface to the greatest extent possible.

3) Glazing shall represent at least 45% of the total facade area of the residential floors (see garage fenestration below).

4) Openings in garage facades fronting on the street must also be of "punched" type. Decorative metal grilles must be used where there is no glazing. The pattern of openings must relate to the overall fenestration pattern of the building.

**Webmaster's Note: The previous section has been amended as per Ordinance dated 10/22/98

Any wall or fence exceeding six (6) feet in height shall be set back from any lot line one (1) foot for each additional foot in height, except that along the boundary between the R District and any other district, the maximum permitted height of any fence or wall shall be eight (8) feet.

[Amended 6-21-89 by Ord. No. P-58]

An in-ground or aboveground swimming pool for private use is permitted in residential districts as an accessory use, provided that it is located in the rear yard of the same lot as the principal building, that it meets the requirements of the Board of Health and other codes and authorities having jurisdiction, that any lighting installed in connection with such a pool shall not project direct or reflected light into adjoining properties and that no outdoor sound amplifying system shall be installed in conjunction with such pool, and when more than three (3) feet in depth or fifteen (15) feet in length, the pool shall be enclosed by a fence of at least six (6) feet in height In-ground openings shall be covered when the pool is empty.

Conversion from any use to a permitted use is allowed, provided that all requirements for the new use, including required off-street parking, are met and provided that a new certificate of occupancy is obtained.