The following provisions shall apply to all applications for development involving property located within a historic district or historic site designated by this chapter, except as otherwise provided by this chapter:
A. Design criteria and guidelines for rehabilitation projects. In regard to all applications for development and reports on preservation permits pursuant to this chapter, the Historic Preservation Commission shall be guided by The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1990) as may hereafter be amended; provided that where these provisions conflict with the other provisions of this chapter, said other provisions shall control. The current version of the Secretary of the interior's standards are incorporated herein as follows:
(1) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
(2) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(3) Construction of historic designs that were never built shall not be undertaken.
(4) New additions, alterations or new construction in a historic landscape shall be visually differentiated from the old and shall be compatible with the historic character of the landscape.
(5) Replacement of missing historic plant material or vegetation features shall be substantiated by documentary or physical evidence. The replacement plant material or features shall match the historic appearance, function and where possible, species or variety.
(6) A property shall be used for its historic purpose, or shall be placed in a new use that requires minimal change to the defining characteristics of the property and its environment.
(7) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall-be avoided.
(8) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense-of historical development, such as adding conjectural features or historic features from other properties shall be avoided.
(9) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(10) Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
(11) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary or physical evidence.
(12) Chemical or physical treatments, such as sandblasting that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(13) Significant archeological resources shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
B. criteria and guidelines for new construction/visual compatibility standards. In regard to all applications for development and reports on preservation permits pursuant to this chapter, the Historic Preservation Commission shall be guided by the standards set forth herein in determining the compatibility of a building, structure or appurtenance thereof with the buildings and places to which they are visually related; provided that where these provisions conflict with the other provisions of this chapter, said other provisions shall control. The following standards shall be known as "visual compatibility factors".
(1) Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(3) Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with -the buildings and places to which it is visually related.
(4) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the building and places to which it is visually related.
(5) Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related. Bright or brilliant colors shall be used only for accent and shall not substantially depart from the character of existing neighborhood colors so as to detract from the overall appearance of the neighborhood.
(8) Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(9) Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses., shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) Directional expression of front elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
C. Demolition or relocation. In regard to an application to demolish or move a historic building, site, place or structure, the following matters shall be considered:
(1) Its historic, architectural, cultural and aesthetic significance.
(2) Its current and potential use for those purposes currently permitted by the Zoning Ordinance 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 public interest.
(4) 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.
(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 in architecture and design, educate citizens in American culture and heritage, or make the municipality a more attractive and desirable place in which to live.
(6) The probable impact of its removal upon the ambiance of the historic district.
(7) The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to comply with the requirements of the Uniform Construction Code of the State of New Jersey.
(8) The compelling reasons 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. In addition, the Historic Preservation commission shall consider the compatibility, nature and character of the current and the proposed surrounding areas as they relate the to the intent and purposes of this ordinance and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
(9) -The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this ordinance in accordance with the standards set forth herein.
D. Preventive maintenance. In the event that a historic site or a building or structure located in the Historic District is not maintained in accordance with the provisions of the existing Preventive Maintenance Ordinance of the Village of Ridgewood, Chapter 223 of the Village Code, then the property owner shall be responsible pursuant to the terms of the Property Maintenance Ordinance, and the BOCA Existing Structure Code.
The following provisions shall apply to uses and structures which lawfully existed prior to the adoption of the zoning regulations, Article X of this chapter, or any amendment thereof, but which do not presently conform to this article or amendment thereof:
A. Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming structure may be restored or repaired in the event of partial destruction thereof, as provided in subsection E. below.
B. Subdivisions involving same. No lot containing a nonconforming use shall be subdivided so as to reduce the lot area of such lot. No lot containing a nonconforming structure shall be subdivided so as to increase the degree or extent of the nonconforming condition.
C. Expansions or alterations. The following provisions shall apply to the expansion or alteration of nonconforming structures or uses:
(1) Any nonconforming use or structure which is nonconforming because of use shall not be enlarged, extended or structurally altered in any manner whatsoever.
(2) No nonconforming structure may be altered if the alteration would increase the degree or extent of the nonconforming condition, or would create any condition on the property that would not be in conformance with this chapter.
(3) A nonconforming use or structure changed or altered to a conforming use or structure may not thereafter be changed back to a nonconforming use or structure.
(4) A nonconforming use or structure shall not be changed or altered to diminish the nature, degree or extent of the nonconforming condition in one location while simultaneously increasing the nature, degree or extent of the nonconforming condition in another location on the property.
D. Abandonment of nonconforming uses. Notwithstanding the provisions of subsection A. above, in the event that there shall be an abandonment of any nonconforming use, such use shall not be permitted to continue. For purposes of administering this chapter, a nonconforming use shall be presumed to be abandoned if such use shall have ceased to operate for a period of twelve (12) consecutive calendar months, absent showing by the property owner, and a finding by the Zoning Board of Adjustment, that the use has not been abandoned, notwithstanding the cessation of operation. Any such hearing on abandonment shall be processed as an appeal pursuant to § 190-29.
E. Restoration or repairs. Nothing in this section shall prevent restoration or continuance of a nonconforming building or structure which is partially destroyed by fire, explosion, act of God, or of any public enemy, or the like. "Partial destruction" shall be defined as any destruction of less than fifty percent (50%) of the area or volume, whichever is more restrictive, of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in excess of fifty percent (50%) of the area or volume of the whole building or structure at the time of such destruction, then after any permitted reconstruction, the same may be used only in such manner as to conform to all the requirements, terms and conditions of this chapter.
F. Approved projects. Nothing in this section shall require any change in plans, construction or designated use of a structure or building for which a preliminary site plan and/or subdivision has been approved, provided the use and/or structure conforms to the terms of the approved plan, and provided that the period of protection provided by this chapter from changes in the zoning regulations has not expired.
G. Application for certificate of nonconforming status. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant to this subsection may be made to the Zoning Officer within one (1) year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Fees as required by this chapter shall accompany any such application. Denial by the Zoning Officer of such application shall be appealable to the Zoning Board of Adjustment, and shall be processed as an appeal pursuant to § 190-29.
H. Conversion to conforming use. The conversion of an existing structure from a nonconforming use to a use permitted in the zone district in which such structure is located shall be subject to the same regulations as are new structures, except that notwithstanding the required parking provisions of § 190-121, conversions may be exempted by the Planning Board from furnishing such required additional off-street parking if the applicant can clearly demonstrate to the Planning Board's satisfaction that same is a physical impossibility. No such conversion, however, shall reduce the number of existing parking spaces or the area of the premises in question available for such use.
I. Nonconforming signs. In addition to the provisions of this section, nonconforming signs shall be subject to the provisions of § 190-122B(3).
The following provisions shall apply to any lot which lawfully existed at the time of the adoption of the zoning regulations or any amendment thereto, but which presently does not conform to the zoning requirements for lot area, lot width, lot frontage, or lot location:
A. Such lots may be used for any use permitted in the district in which it is located, subject to the following requirements:
(1) At the time of and since the adoption of the zoning regulation making such lot nonconforming, the owner of the lot shall not have owned any adjoining property; or the lot must be part of a recorded subdivision approved by the Planning Board or the Zoning Board of Adjustment; and
(2) All other applicable zoning regulations besides lot area, lot width, lot frontage or lot location must be complied with.
B. Such lots shall not be subdivided so as to increase the degree or extent of any nonconforming lot condition, or so as to prevent compliance with this chapter by any reasonable future development on the property.
Interpretations of this article and relief from the decisions of any administrative officer involving the provisions of this article may be appealed in accordance with the procedures set forth in Article VI, Appeals; provided that a developer may file an application for an interpretation or a variance without prior application to an administrative officer, in accordance with the procedures set forth in Article VI.
