Based on the Commission's review of the survey or upon the recommendations of other City agencies, or of interested parties, the Commission shall consider designation of a district or a site according to the procedures outlined below:

a. The Commission or interested party shall prepare a nomination report for each proposed district or site. For Historic District designations, the report shall include a building-by-building inventory of all properties within the district; photographs of representative properties within the district; a property map of the district showing boundaries; and a physical description and statement of significance for the district. For historic site designations, the report shall include one (1) or more photographs; the tax lot and block number of the property as designated on the Official Tax Map; and a physical description and statement of significance and proposed utilization for the site;

b. The Commission shall schedule a public hearing on the proposed designation of a district or site. At least ten (10) days prior to the hearing the Applicant for Designation or the Commission, as the case may be, shall by personal service or certified mail:

1. Notify each owner of a proposed historic site or of property within a proposed historic district that his or her property is being considered for historic designation and the reasons therefor;

2. Advise each owner of the significance and consequences of such designation, and of his or her rights to contest such designation; and

3. Notify each owner of the date, time and place of the hearing;

c. Public notice of the hearing shall be given at least ten (10) days prior to the hearing by publication in the official newspaper of the City. A copy of the nomination report shall also be made available for public inspection in the City Clerk's Office at least ten (10) days prior to the hearing;

d. Upon Commission review and approval of the proposed Historic District or site designation, the Commission shall forward its report to the City Council. The City Council shall refer the report to the Planning Board, which in turn shall report to the City Council within thirty-five (35) days. The City Council may disapprove or change any Planning Board recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the City Council of its obligations relating to referral of such a report to the Planning Board. City Council action on Historic District or historic site designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision, or amendment of any development regulation;

e. Notice of designation shall be made public by publication in the official newspaper of the City Council and distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to each owner affected by the designation; and

f. A protest of a proposed historic district signed by twenty percent (20%) or more of the property owners within that Historic District; or by the owners of a property on which there is a proposed historic site outside of a proposed or existing Historic District, may be filed with the City Clerk. Such designation shall not become effective following the filing of such a protest except by the favorable vote of two-thirds (2/3) of all members of the City Council. (Ord. #89-24)

The City of Ocean City does hereby designate an historic district as shown on a certain map "Proposed Historic District, City of Ocean City, Cape May County, New Jersey dated January 8, 1993" and the same is attached hereto as Schedule A and made a part hereof. (Ord. #93-2, 4)

A permit issued by the Administrative Officer shall be required, subject to the exceptions described in Section 25-1800.5.2 below, for any of the following, or in the event no Building Permit is required, before any work can commence on any of the following activities involving an historic site, property or within any Historic District:

a. Demolition of any building, landmark, place, improvement or structure;

b. Relocation of any building, landmark, place, improvement or structure;

c. Change in the exterior appearance of any building, landmark, place, improvement or structure by addition, alteration, maintenance, reconstruction, rehabilitation, repair, replacement or restoration, which change is visible to the public from a named or numbered street.

d. Any new construction of a principal or accessory structure.

e. Changes in existing walls, fences, porches, railings, steps or signs or construction of any walls, fences, porches, railings, steps or signs, if visible to the public from a named or numbered street. (Ord. #89-24; Ord. #93-2, 5)

A permit issued by the Administrative Officer is not required for:

a. Changes to the interiors of structures;

b. Changes not visible to the public other than a relocation or demolition; and

c. Repair, or exact replacement of any existing improvement provided that the work does not alter the exterior appearance of the structure. In the event, however, that previous noncontributing or disharmonious repair work is being replaced, such repair or replacement is permitted only if the repair or replacement returns the structure to its original condition. The following are some of the activities which are permitted as repairs:

1. Identical replacement of existing windows and doors;

2. Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, scale, or appearance;

3. Maintenance and repair of existing roofing materials involving no change in the design, scale, or appearance of the structure;

4. Structural repairs which do not alter the exterior appearance of the structure;

5. Replacement of existing clapboards, shingles, or other siding with identical material;

6. Maintenance and repair of existing clapboards, shingles, or other siding (including masonry) involving no change in the design, scale or appearance of the structure; and

7. Exterior or interior painting of existing structures. (Ord. #89-24)

When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or health and safety of its occupants or others, emergency repairs may be performed in accordance with City Codes, without first obtaining a permit. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure, or others, and/or to maintain the habitability of the structure. A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this Article. All work done under this Section shall conform to the criteria set forth in this Article. (Ord. #89-24; Ord. #93-2, 6)

a. At the request of applicants considering action that may require Commission review, the Commission shall grant an informal review of a concept plan for the proposed undertaking. Neither the applicant nor the Commission shall be bound by any informal review.

b. Minor applications as defined herein may be granted by the Chairman of the Commission. In the case of other minor projects not constituting minor applications but involving exterior repairs or alterations which have no significant impact, the Commission, if the preliminary data and drawings are sufficiently complete, may recommend approval at an informal meeting. (Ord. #89-24; Ord. #93-2, 7)

a. Applications shall be made on forms available in the office of the Administrative Officer in Ocean City Town Hall. Completed applications shall be delivered or mailed to the Administrative Officer at Ocean City Town Hall.

b. Persons interested in obtaining Commission approval of proposed work covered by the provisions of this Ordinance are encouraged to apply directly to the Commission for review and approval. At the request of any such person, the Commission shall schedule a hearing.

c. The Commission shall advise the applicant in writing of the time, date, and place of the meeting at which his or her application is to be reviewed.

d. Applications shall include a completed application form which contains a precise written description of the proposed work or activity and any of the following as may be required by the Commission:

1. Photographs of the existing structure or lot;

2. Scaled drawings showing site plan layout, facade elevations, and specifying materials;

3. For new construction applications, a streetscape elevation drawn to scale, showing the new structure in the context of neighboring buildings;

4. For large projects, working drawings;

5. The Commission may require the submission of additional information reasonably necessary to reach an informed decision.

e. An applicant shall not be required to appear or to be represented at any meeting of the Commission at which the Commission will consider the application for a permit or the application for development.

f. The Commission shall issue a written report on any application for a permit, whether approved, approved with conditions or disapproved. Such written report may be stated in resolution form and shall be provided to the Administrative Officer within the time periods set forth in this Section.

g. If the Commission submits a written report on an application for development, it shall make a copy of said report available to the applicant.

h. When an approval has been issued, the Administrative Officer shall, from time to time, inspect the work approved by the Commission and report to the Commission any work not in accordance with such resolution of approval.

i. An approval of a permit shall be valid for a period of one (1) year from date of issuance unless reasonable extensions are granted by the Commission. (Ord. #89-24)

The Planning Board and Board of Adjustment shall make available to the Commission an informational copy of every application submitted to either Board for development and/or zoning changes in historic districts or on historic sites designated on the zoning map or in the Historic Preservation Element of the Master Plan. The appropriate Board shall forward a copy of the complete application to the Commission when the application for development has been deemed complete or is scheduled for a hearing, whichever occurs sooner. (Ord. #89-24; Ord. #93-2, 8)

On all applications for development referred to it, the Commission shall immediately determine the time period within which the Planning Board or Zoning Board must act on the application and the Commission shall assure that its report or advice to the Planning Board or Zoning Board is rendered in a timely fashion so as to allow those agencies adequate time to consider and respond to the content of the report. (Ord. #89-24)

The Commission may make its recommendations to the appropriate Board in the form of a written report, and it shall convey its advice through delegation of one (1) of its members or staff to testify orally at any hearing on the application and to explain any written report which may have been submitted. (Ord. #89-24)

The Commission's recommendations shall focus on how the proposed undertaking would affect a site or district's historic or architectural significance as outlined in Section 25-1800.4 of this Article. In considering the Commission's recommendations, the Planning Board and Board of Adjustment shall be guided by the review standards referenced in Section 25-1800.8 of this Article. (Ord. #89-24)

On all matters referred to the Commission which require approval or action by the Planning Board or Board of Adjustment, the decision of the Commission shall be a recommendation only, which may be approved, disapproved or amended by the Planning Board or Board of Adjustment. In the event that the Planning Board or Board of Adjustment should disapprove or amend the decision of the Commission, it shall state its reasons therefor at a public hearing and in its resolution or memorialization. (Ord. #89-24)

The Administrative Officer shall refer all applications for permits pertaining to regulated activities on an historic site or within an Historic District to the Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed which were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The permit review shall include all relevant aspects of the design criteria and guidelines as they apply to the proposal, regardless of whether said aspects were considered by the Planning or Zoning Board in the development application process. (Ord. #89-24)

The Commission shall submit its written report on the application to the Administrative Officer as soon as possible but no later than forty-five (45) days of his referral of the application to the Commission. (Ord. #89-24)

If within the forty-five (45) day period the Commission recommends to the Administrative Office against the issuance of a permit or recommends conditions to the permit to be issued, the Administrative Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. (Ord. #89-24)

Failure of the Commission to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit. (Ord. #89-24)

Nothing herein shall prohibit an extension of time by mutual written agreement of the applicant and the Commission. (Ord. #89-24; Ord. #93-2, 9)

In regard to all applications, the 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 and which are incorporated herein by reference. The following standards for rehabilitation are set forth herein for convenience:

a. 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.

b. 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.

c. Construction of historic designs that were never built shall not be undertaken.

d. New additions, alterations or new construction in an historic landscape shall be visually differentiated from the old and shall be compatible with the historic character of the landscape.

e. 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.

f. 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.

g. 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.

h. 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.

i. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

j. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved, when not cost prohibitive.

k. 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.

l. 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.

m. Significant archeological resources shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (Ord. #89-24; Ord. #93-2, 10)

In regard to applications for new construction, additions and alterations, in addition to those applicable standards for rehabilitation, visual compatibility factors shall be considered by the Commission. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereto with the buildings and places to which they are visually related:

a. Height of the proposed building shall be visually compatible with buildings and places to which it is visually related.

b. 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.

c. 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.

d. 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 buildings and places to which it is visually related.

e. 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.

f. 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.

g. Relationship of Materials and Texture. The relationship of materials and texture of the facade and roof of a building shall be visually compatible with the pre-dominant materials used in the buildings to which it is visually related.

h. 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.

i. 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.

j. Directional Expression of Front Elevation. A building shall be visually compatible with buildings and places to which it is visually related and its directional character whether this be vertical character, horizontal character or nondirectional character. (Ord. #89-24; Ord. #93-2, 11)