25-1800.1.1 To safeguard the heritage of the City by preserving resources that reflect elements of its archaeological, cultural, social, economic, architectural, and historical heritage;

25-1800.1.2 To encourage the continued use of historic sites and to facilitate their appropriate reuse;

25-1800.1.3 To maintain and develop a harmonious setting for the historically significant buildings, structures, sites, objects, and districts;

25-1800.1.4 To prevent the unnecessary demolition of historic resources;

25-1800.1.5 To encourage appropriate alterations of historic sites and improvements within historic districts;

25-1800.1.6 To prevent new construction which is not in keeping with the historic sites or districts;

25-1800.1.7 To encourage proper maintenance and preservation of historic settings and landscapes so as to protect the values of Ocean City as an attractive area for permanent and seasonal residences;

25-1800.1.8 To protect and enhance property values;

25-1800.1.9 To promote civic pride in, and appreciation of, Ocean City's historic resources for the education, pleasure and welfare of its citizens; and

25-1800.1.10 To foster beautification and private re-investment. (Ord. #89-24)

25-1800.2.1 ADDITION shall mean an extension or increase in building size, floor area or height of a building.

25-1800.2.2 ADMINISTRATIVE OFFICER for the purposes of this Article, shall be the Construction Code Official.

25-1800.2.3 ALTERATION as applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one (1) location or position to another.

25-1800.2.4 APPLICATION shall mean a request to the Historic Preservation Commission completed on forms available from the Administrative Officer or the Commission, to review a proposal for addition, alteration, demolition or other work on any structure or property located in an historic district, for purposes of obtaining certification by the Commission that the application is acceptable in terms of the review standards set forth in this Article. Application shall include review on a development application, referral of a permit and any other request for Commission action.

25-1800.2.4.1 APPLICATION, MINOR shall entail work the total cost of which does not exceed five hundred ($500.00) dollars.

25-1800.2.5 DEMOLITION shall mean the partial or total razing, dismantling or destruction of any historic site or any improvement within an historic district.

25-1800.2.6 HISTORIC DISTRICT shall mean one (1) or more historic sites and certain intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, as specifically designated in this Article.

25-1800.2.7 HISTORIC SITE shall mean any real property, man-made structure, natural object, or configuration of any portion or group of the foregoing of historic, archaeological, cultural or architectural significance as specifically designated in this Article.

25-1800.2.8 IMPROVEMENT shall mean any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.

25-1800.2.9 INTEGRITY shall mean the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.

25-1800.2.10 INTERESTED PARTY shall mean any person, whether residing within or without the City, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this Article, or whose rights to use, acquire, or enjoy property under this Article or under any other laws of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this Article.

25-1800.2.11 INVENTORY shall mean a list of historic properties determined to meet specified criteria of significance.

25-1800.2.12 MASTER PLAN shall mean the Master Plan of the City of Ocean City dated February 13, 1988, as the same may be amended from time to time.

25-1800.2.13 NATIONAL REGISTER CRITERIA shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.

25-1800.2.14 NONCONTRIBUTING shall mean structures or improvements that detract from the significance of the district due to incompatible scale, massing, siting, and/or materials.

25-1800.2.15 ORDINARY MAINTENANCE shall mean repair of any deterioration, wear, or damage to a structure, in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage with materials and workmanship of the same quality. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using materials and workmanship having the same appearance.

25-1800.2.16 PERMIT shall mean any required City approval for exterior work to any structure or property in an historic district which exterior work will be subject to a public view, including, but not limited to, a Building Permit. Permit shall include but is not necessarily limited to a Building Permit, a Demolition Permit, a permit to move, convert, relocate or remodel or to change the use or occupancy of any structure or property in an historic district. Permit shall also include all exterior work subject to public view on fences, signs, porches, railing and steps for any structure or property in an historic district.

25-1800.2.17 PRESERVATION shall mean the act or process of applying measures to sustain the existing form, integrity and vegetated cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

25-1800.2.18 PROTECTION shall mean the act or process of applying measures designed to affect the physical condition of a property by defending it or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

25-1800.2.19 RECONSTRUCTION shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.

25-1800.2.20 REHABILITATION shall mean the act or 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 or features of the property which are significant to its historical, architectural and cultural values.

25-1800.2.21 REPAIR shall mean any work done on an improvement that is not an addition and does not change the exterior appearance of any improvement, provided, however, that any such repairs must be done with materials and workmanship of same quality.

25-1800.2.22 REMOVAL shall mean the partial or complete removal of a structure.

25-1800.2.23 RESTORATION shall mean the act or process of accurately recovering the form and details of a property 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.

25-1800.2.24 STRUCTURE shall mean a combination of materials to form a construction for occupancy, use, or ornamentation whether installed on, above or below the surface of a parcel of land.

25-1800.2.25 SURVEY shall mean the formal catalog of documented historic properties and sites determined to meet specified criteria entitled " " and adopted by the Commission and incorporated into the Master Plan of Ocean City.

25-1800.2.26 UNDUE HARDSHIP : (1) With respect to commercial property, including property rented for residential use, the inability of the applicant to realize a reasonable return on the property without the proposed work; (2) With respect to property which is devoted to a not-for-profit purpose and is exempt from local property taxes, the inability of the applicant to carry out such purpose without the proposed work; and (3) With respect to owner-occupied residential property, the inability of the applicant to continue owner-occupied residential use without the proposed work. (Ord. #89-24; Ord. #93-2, S1)

The Historic Preservation Commission of Ocean City (the "Commission") is hereby established pursuant to N.J.S.A. 40:55D-107 et seq. (Ord. #89-24)

a. There is hereby established an Historic Preservation Commission whose members shall serve without compensation.

b. The Commission shall consist of seven (7) regular members and two (2) alternate members, appointed by the Mayor. At least three (3) of the regular members shall be of and designated as Class A and B. The remaining regular members may be Class C and designated as such. The two (2) alternates must meet the qualifications of Class C and shall be designated Alternate No. 1 and Alternate No. 2. The Classes are defined as:

1. Class A - a person who is knowledgeable in building and design and construction or architectural history and who may reside outside Ocean City.

2. Class B - a person who is knowledgeable of, or who has a demonstrated interest in, local history and who may reside outside Ocean City.

3. Class C - any citizen of Ocean City who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment.

c. The term of the appointments of the regular members of the Commission shall be as follows:

1. Two (2) members shall be appointed for a term of two (2) years;

2. Three (3) members shall be appointed for a term of three (3) years;

3. Two (2) members shall be appointed for a term of four (4) years.

d. All subsequent appointments of regular members shall be for a term of four (4) years or until the appointment and qualification of a successor.

e. The term of the appointments of the alternate members of the Commission shall be as follows:

1. Alternate No. 1 shall be appointed for a term of one (1) year;

2. Alternate No. 2 shall be appointed for a term of two (2) years.

f. All subsequent appointments of alternate members shall be for a term of two (2) years or until the appointment and qualification of a successor.

g. Notwithstanding any other provision, the term of any member who is also a member of the Planning Board or Board of Adjustment shall be coterminous with his or her membership on the Planning Board or Board of Adjustment.

h. A vacancy occurring otherwise than by expiration of the term shall be filled within sixty (60) days for the unexpired term only. (Ord. #89-24)

a. The Commission shall elect from its membership a Chairperson and Vice-Chairperson. A Secretary shall also be appointed, who may or may not be a member of the Commission.

b. The Commission shall establish a regular schedule of meetings, with at least one (1) meeting per quarter. Additional meetings may be called by the Chairperson or Vice-Chairperson as required to meet the needs of business, to handle emergencies, or to meet time constraints imposed by law.

c. A quorum for the transaction of business shall be four (4) members. A majority vote of those present and voting shall prevail but not less than a majority of the full regular membership of the Commission may grant or change an historic designation or grant a demolition permit.

d. The Commission's Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, decisions, and applications.

e. In order to make available to the public information useful to the preservation and protection of historic buildings, places, landmarks and structures, and provide the basis for consistency of policy in decision making, the Commission shall maintain complete files and records including, but not limited to, data used in the classification of buildings, places and structures, minutes of Commission meetings, records of applications for permits and development reviews, along with collateral data, decisions and appeals associated therewith and information, materials and references submitted by the public relating to historic preservation. All Commission records and minutes shall be made public records as provided by law, and all Commission meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7, et seq.).

f. The Commission shall adopt written by-laws and procedures for the transaction of its business and for the consideration of applications.

g. No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. A member may be removed by the governing body of Ocean City for cause but only after a public hearing if he or she requests one.

h. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. (Ord. #89-24)

a. The City Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the City Attorney at the rate of the compensation determined by City Council, unless City Council, by appropriation, provides for separate legal council for the Commission. Expenditures pursuant to this Section shall not exceed, exclusive of gifts and grants, the amount appropriated by the City for the Commission's use.

b. The Commission shall appoint a consultant who is a recognized professional in the field of architectural history, historic preservation or similar discipline to advise the Commission on matters before it as the Commission may deem necessary to assist it in rendering its decision.

c. The City Planning and Construction Officials shall provide such technical administrative and clerical assistance as the Historic Preservation Commission shall require. For budgeting and purchasing purposes, however, the Commission shall be allocated its own budget. (Ord. #89-24; Ord. #93-2, 2)

It shall be the responsibility of the Commission to:

a. Identify, record and maintain a system to survey and inventory all building sites, places, landmarks and structures of historical or architectural significance, based on the "Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation" (Standards and Guidelines for Identification) and to aid the public in understanding their worth, methods of preservation, techniques of gathering documentation and related matters;

b. Make recommendations to the Planning Board and City Council in the preparation and periodic updating of the Historic Preservation Element of the Master Plan, including but not limited to the addition or deletion of historic sites and districts identified in the City's Master Plan;

c. Make recommendations to the Planning Board and City Council on the historic preservation implications of any plan element of the Master Plan which has been or may be adopted;

d. Recommend to the City Council sites and districts to be designated through amendment of the Zoning Ordinance in accordance with the criteria and procedures for designation set forth in Section 25-1800.4 of this Article;

e. Advise the Planning Board and Board of Adjustment on development and zoning applications for properties in designated districts and sites, in accordance with the procedures established in Section 25-1800.6 of this Article;

f. Review all permit applications affecting designated districts and sites, and provide written reports to the Administrative Officer, in accordance with the procedures established in Section 25-1800.7 of this Article;

g. Provide advisory, educational, and informational services to promote historic preservation in the City;

h. Draft and recommend to City Council and the Planning Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of the Historic Preservation Ordinance and the building or zoning regulations of the City;

i. Purchase estates, easements, rights, restrictions and less than fee acquisitions, subject to final approval of City Council and at the direction of City Council, and to acquire grants, assistance or aid either outright or in exchange in order to further the intent and purpose of this Article and the welfare of the City provided that if there is any monetary obligation to the City in any way, City Council approval will be obtained. In any circumstances in which City Council approval is required, the Commission may negotiate and recommend such arrangements and will assist the Council in acquiring such easements or rights;

j. Advise City Council and the Planning Board on the relative merits of proposals involving public funds to restore, preserve and protect historic buildings, places and structures including the preparation of long range plans therefor, securing State, Federal and other grants and aid to assist therein and to monitor such projects once underway;

k. Advise and assist City officers, employees, Boards and other bodies including those at the County, State and Federal levels on all matters which have potential impact on the historic buildings, places, structures and districts in the City or on the physical character and ambience of a district;

l. To cooperate with local, County, State or National historical societies, governmental bodies and organizations to maximize the contributions to the intent and purposes of historic preservation;

m. To recommend to applicable County, State and Federal agencies, where appropriate, and with City Council approval recognition of historic districts;

n. To recommend to applicable County, State and Federal agencies, where appropriate, recognition of historic buildings, landmarks, places and structures and to review National Register nominations;

o. To request the City Council to seek on its motion or otherwise injunctive relief for violations of this Article or actions contrary to the intent and purposes of this Article. (Ord. #89-24; Ord. #93-2, 3)

The survey shall be used as a basis for identifying sites and districts worthy of designation. The Commission shall consider for designation districts and sites that have integrity of location, design, setting, materials, workmanship, and association, and that meet one (1) or more of the following criteria:

a. Character, interest, or value as part of the development, heritage, or cultural characteristics of the City, State, or Nation;

b. Identification with a person or persons who significantly enriched the City, State, or Nation;

c. Site of an historic event which had significant effect on the development of the City, State, or Nation;

d. Embodiment of distinguishing characteristics of a type, period, or method of construction, architecture, or engineering;

e. Identification with the work of a builder, designer, artist, architect, or landscape architect whose work has influenced the development of the City, State, or Nation;

f. Embodiment of elements of design, detail, materials or craftsmanship that render a site architecturally significant or structurally innovative;

g. Unique location of singular physical characteristics that make a district or site an established or familiar visual feature;

h. Likely to yield information important in prehistory or history. (Ord. #89-24)