In reviewing an application for its potential effect on an historic site or a property within an historic district, the following criteria shall be used by the Historic Preservation Commission, the Planning Board and the Zoning Board of Adjustment. In regard to all applications affecting an historic site or a property within an historic district, the following factors shall be considered:

a. The impact of the proposed change on the historic and architectural significance of the landmark or the historic district.

b. The landmark's importance to the municipality and the extent to which its historic or architectural significance would be adversely affected to the detriment of the public interest.

c. The use of any structure involved.

d. The extent to which the proposed action would adversely affect the public's view of the landmark or structure within an historic district from a public street.

e. For a structure or a proposed structure within an historic district, the impact the proposed change would have on the district's architectural or historic significance and its compatibility with the buildings, places and structures to which it is visually related pursuant to the factors set forth in subsection 37-11.2.

(1972 Code § 33A-11.1)

In reviewing applications for new construction, additions, alterations or replacements affecting an historic site or a property within an historic district, the following visual compatibility factors shall be considered by the Commission.

a. Height.

The 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, 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.

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 building and places to which it is visually related.

1. 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.

(1972 Code § 33A-11.2)

In reviewing applications to demolish an historic landmark or any improvement within an historic district, the following matters shall be considered:

a. Its historic, architectural, cultural or scenic significance.

b. If it is within an historic district, the significance of the structure in relation to the historic character of the district and the probable impact of its removal on the district.

c. Its potential for use for those purposes currently permitted by the Zoning Ordinance.

d. Its structural condition and the economic feasibility of alternatives to the proposal.

e. 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.

f. The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could be reproduced only with great difficulty and expense.

g. The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the municipality an attractive and desirable place in which to live.

h. If it is within an historic district, the probable impact of its removal upon the integrity and character of the historic district.

(1972 Code § 33A-11.3)

When reviewing an application to move any historic landmark, or to move any structure within an historic district, the following matters shall be considered:

a. The historic loss to the site of original location and the historic district as a whole.

b. The reasons for not retaining the landmark or structure at its present site.

c. The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of the interests and values embodied in this chapter.

d. If the proposed new location is within an historic district, visual compatibility factors as set forth in subsection 37-11.2.

e. The probability of significant damage to the landmark or structure itself.

f. If it is to be removed from the City of Bayonne, the proximity of the proposed new location to the City, including the accessibility of such location to the residents of the City and others.

(1972 Code § 33A-11.4)

a. Approval by either the Zoning Official, Planning Board or Zoning Board of Adjustment in accordance with the procedures set forth herein shall be deemed to be final approval pursuant to this chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested concerning the landmark or property located in an historic district.

b. Denial of approval for a development application by the Planning Board or Zoning Board of Adjustment, or denial of a building permit by the Zoning Official shall be deemed to bar the applicant from undertaking the activity which would affect the landmark or property in an historic district which was the subject of the denied application.

c. The grant or denial of an approval for a building permit by the Construction Official or Zoning Officer pursuant to this chapter may be appealed to the Zoning Board of Adjustment in the same manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-70. The Zoning Board shall be guided in its determinations by the provisions of N.J.S.A. 40:55D-70.2.

d. The grant or denial of an approval from Planning Board or Board of Adjustment may be appealed in the same manner as any other determination of those bodies.

(1972 Code § 33A-12)

In the event that the Commission disapproves an application for a permit to demolish a structure on an historic site or in an historic district, the owner shall nevertheless, as matter of right, be entitled to raze or demolish such structure provided that the following requirements have been fully met:

a. The owner has applied for the necessary permit, has received denial of same from the administrative officer as a result of the Commission's report and has appealed said denial to the Zoning Board of Adjustment which has affirmed the denial.

b. The applicant has met the following notice requirements:

1. The notice period shall commence on the tenth (10th) day following the date of the resolution of the Zoning Board affirming the denial of the permit for demolition and shall continue for one hundred twenty (120) days.

2. The applicant shall publish a notice of the proposed demolition in the official newspaper of the City within the first ten (10) days of the notice period and again not less than thirty (30) nor more than forty (40) days from the date of the first publication. Final notice shall be published not less than ten (10) nor more than fifteen (15) days before the expiration of the notice period.

3. Notice of the proposed demolition shall be prominently posted on the premises proposed to be demolished throughout the notice period in a location such that it is visible from the street.

c. Upon the expiration of the one hundred twenty (120) day notice period the applicant shall present to the administrative officer proof that the above requirements have been met, at which time the administrative officer shall issue the permit.

(1972 Code § 33A-13.1)

During the notice period, the Commission, alone or in conjunction with the Municipal Council, the New Jersey Department of Environmental Protection or other similarly qualified organization, shall consult and negotiate with the owner to find an amicable alternative to demolition of the property. (1972 Code § 33A-13.2)

If a significant change in circumstances occurs or for other good cause, the Commission may, at any time during the notice period, approve a permit for demolition, in which event the permit shall be issued within ten (10) days thereafter. (1972 Code § 33A-13.3)

a. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties herein.

b. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

c. Any person who shall undertake any activity without approval required by this chapter shall be deemed to be in violation of this chapter.

d. Upon learning of the violation, the administrative officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner ten (10) days to abate the violation by restoring the site or improvement to the condition it was in prior to the violation. If the owner cannot be personally served within the City, a copy of the notice shall be posted on the site and a copy sent to the owner at his or her last known address.

(1972 Code § 33A-14)