a. The Central Planning Board and Board of Adjustment shall make available to the Commission every application for development submitted to either board for development in historic zoning districts or on historic sites designated on the zoning or official map or identified in any component element of the master plan.

b. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner.

c. The Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.

d. If a recommendation of the Commission is rejected, the Central Planning Board or Board of Adjustment, as the case may be, shall include the reasons for rejecting the recommendation in the findings of its decision on the application.

(Ord. 6 S+FE, 8-3-94 § 27:9-12)

a. At the request of any person seeking to undertake actions requiring review as per the provisions of this chapter, the Commission shall schedule a hearing on his or her application. The applicant shall not be required to appear or to be represented at the meeting in which the application is being considered.

b. Completed applications for approval of a permit shall be submitted to the Administrative Officer a minimum of fourteen (14) days prior to a Commission's regularly scheduled meeting.

c. Applications for minor alterations and ordinary maintenance and repair may be reviewed by the Historic Preservation Officer who, at his or her discretion may issue a Certificate of No Effect, may require additional submittal information and/or refer the application to the Commission upon being deemed complete. In making such a determination the Historic Preservation Officer shall consider factors, including, but not limited to the effect of the proposed work in creating, altering, destroying or affecting the architectural features of the landmark building, structure, object, site or landscape feature upon which such work is to be done and the relationship between the results of such work and the architectural features of neighboring buildings, structures, objects, sites and landscape features. In appraising such effects and relationships, factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color in addition to any other pertinent matters shall be considered.

d. For all applications not issued a Certificate of No Effect, the Commission shall render a decision within forty-five (45) days the application is deemed complete. If approved, such approval shall be known as a Certificate of Appropriateness.

e. If the Commission should fail to act within forty-five (45) days, the permit shall be deemed approved. Nothing herein shall prohibit an extension of time by mutual agreement between the applicant and the Commission.

f. The Commission may advise the Administrative Officer or the applicant, as the case may be, and make recommendations with regard to the appropriateness of the proposed action. These recommendations may become part of the conditions for approval of an application or the basis for the rejection of an application.

1. If an application is approved with or without the imposition of conditions, a permit shall be issued promptly by the Administrative Officer.

2. If the Commission disapproves an application, the Administrative Officer shall not issue the permit and the Commission shall state its reasons in writing to the applicant within fourteen (14) days of such decision.

g. A permit shall be valid for a period of one (1) year from the date of issue unless reasonable extensions are granted by the Commission. Requests for extensions shall be made by written request and shall rest in the sound discretion of the Commission.

(Ord. 6 S+FE, 8-3-94 § 27:9-13; Ord. 6 S+FB(S), 10-10-07 § 1)

a. The following standards, The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, promulgated pursuant to 16 U.S.C.A. Sec. 470a, shall guide the Commission's and Central Planning Board's decision/making concerning all applications and approvals described herein.

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 designated 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 archaeological resources shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (Ord. 6 S+FE, 8-3-94 § 27:9-14)

a. 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.

b. 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.

c. If any historic material or architectural features are removed, they shall be properly recorded, and, if possible, stored for future study or reuse. (Ord. 6 S+FE, 8-3-94 § 27:9-15)

a. Stabilization shall reestablish the structural stability of a property through the reinforcement of load bearing members or by arresting material deterioration leading to structural failure. Stabilization shall also reestablish weather resistant conditions for a property.

b. 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.

(Ord. 6 S+FE, 8-3-94 § 27:9-16)

a. In considering whether to approve or disapprove an application for new construction on a designated historic site or in a designated historic district, the Commission shall be guided by standards of the Secretary of the Interior and the following visual compatibility standards.

b. New construction need not replicate historic older buildings or structures, but may reflect contemporary design standards so long as the design and construction is compatible with surrounding historic structures. Building height, width, mass and proportion affect the degree of compatibility between the old and the new.

1. Site and Setting: A developer intending to utilize 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 the resource and integrating it respectfully into the new development.

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

3. 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.

4. Relationship of Unbroken Planes to Void (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.

5. Relationship of Vacant Land to Buildings/Structures: The relationship of a building or structure to the vacant land between and adjoining buildings or structures should not violate the existing paradigmatic spatial relationship of historically significant structures to the vacant land between said structural 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.

6. 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.

7. 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.

8. 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 care to honor paradigmatically in new construction the existing historic roof forms and slopes so as not to violate the aesthetic harmony of the whole.

9. Rooftop Mechanical Structures and Rooftop Structures.

(a) Applications for the addition of rooftop mechanical structures, egress, mechanical bulkheads, utilitarian skylights or additions consisting ofliving space shall only be granted if such structures comply with the historic zoning regulations contained in Chapter 40:9 of this Title, as well as with the following requirements:

(1) If the roof of the subject building on which such an addition is being proposed is not a significant feature of its design;

(2) If the addition is not visible from a public thoroughfare or right-of-way;

(3) If the building on which the addition is proposed does not possess a significant roof silhouette and where such addition does not interrupt the roof or skyline;

(4) If the materials of the addition are not in the nature of utilitarian rooftop additions and if they are architecturally consistent with the existing roofscape;

(5) The addition does not adversely affect the unified aesthetic of historic buildings in the district of which the subject building is a part;

(6) Where the historic building on top of which the addition proposed is located is in or adjacent to a historic residential district such features shall be set back from the edge of the roof at least one (1) foot for each one (1) foot by which such features project above the roofline. However, no setback shall be required where the parapet wall is at least as tall as the rooftop mechanical structure.

10. 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.

11. Scale of Buildings: Scale of buildings and structures shall be in scale with the buildings and structures of historic significance.

12. Signage: 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 result in visual clutter. A sign should be designed to relate harmoniously to exterior building materials and colors. A sign should express a simple clear message with wording kept to a minimum.

13. 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.

(Ord. 6 S+FE, 8-3-94 § 27:9-17; Ord. 6 PSF+A(S), 7-14-09 Exh. A)

a. A permit to relocate a designated historic site or an improvement in a designated historic district, must receive five (5) favorable votes, i.e., the majority of the Commission membership.

b. In considering whether to approve or disapprove an application for a permit for the relocation of a designated historic site or improvement in a designated historic district, the Commission shall be guided by the following considerations:

1. Whether the historic character and aesthetic interest in 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; and

4. Whether the proposed relocation area is compatible with the historical and architectural character of the building, object or structure. (Ord. 6 S+FE, 8-3-94 § 27:9-18)

a. A permit to demolish a designated historic site or an improvement in a designated historic district must receive five (5) favorable votes, i.e., the majority of the Commission membership.

b. In considering whether to approve or disapprove an application for a permit to demolish a designated historic site or an improvement in a designated historic district, the Commission shall be guided by the following considerations:

1. Its historic architectural and aesthetic significance;

2. Its use;

3. 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;

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 probable impact of its removal upon the ambience of the historic district;

6. The structural soundness and integrity of the building so as to comply with the requirements of the State Uniform Code;

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

c. 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 Newark 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 shall be exempt from making an application to the Commission but shall notify the Commission prior to the demolition.

d. If an application to demolish is denied, the applicant shall follow the appeal process detailed herein for denial of a permit. (Ord. 6 S+FE, 8-3-94 § 27:9-19)

The Commission shall utilize locally generated guidelines or historic preservation aids in addition to the Secretary of the Interior's Standards. (Ord. 6 S+FE, 8-3-94 § 27:9-20)

In connection with the approval of a permit or application, the applicant may seek to establish economic hardship as a basis for relief from the standards described herein. The Commission shall review all the evidence and information submitted by the applicant, as well as perform any research necessary to make an informed decision, as part of the review process. The Commission shall consider the ability of the property to earn a reasonable rate of return, the financial condition of the applicant, and the effect of the work to be performed on the economic value of the property. If a project is infeasible or impractical economically (absent significant government subsidy) based on a project pro forma analysis or another form of financial analysis, relief from standards described herein shall be considered and may be granted. The Commission may solicit expert testimony or require that the applicant make submissions concerning any or all of the following information before it makes a determination on the application:

a. Estimate of the cost of the proposed construction, alteration, demolition, or removal of an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for the issuance of a permit.

b. Estimated market value of the property in its current condition: after completion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the Commission; and in the case of a proposed demolition, after renovation of the existing property for continued use.

c. Any other information, including the income tax bracket of the owner, applicant or principal investors in the property considered necessary by the Commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

d. In the case of proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(Ord. 6 S+FE, 8-3-94 § 27:9-21; Ord. 6 S+FB(S), 10-10-07 § 1)

a. If a permit is approved, then the applicant may proceed to perform the work approved in the permit in compliance with the conditions attached.

b. If a permit is denied, the applicant is precluded from undertaking the activity applied for.

c. An applicant dissatisfied with the action of the Commission relating to the issuance or denial of a permit shall have the right to appeal to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a within twenty (20) days after receipt of notification of such action.

d. The applicant shall be advised by the Clerk of the Board of Adjustment of the time and place of the hearing at which the appeal will be considered, and shall have all rights defined under N.J.S. 40:55D-70a.

e. If the Board of Adjustment affirms the Commission's denial, the applicant may seek legal remedies as afforded by law.

f. If, in the case of an appeal, the Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the Administrative Officer pursuant to a report submitted by the Commission, the Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.

(Ord. 6 S+FE, 8-3-94 § 27:9-22)