The purpose of establishing local historic districts and landmarks is to encourage the (1) restoration; (2) preservation; (3) rehabilitation; and (4) conservation of historically, architecturally, and archaeologically significant areas, structures, buildings, sites, objects, and surroundings. To review new designs to ensure compatibility with the character of the district. To safeguard against any potentially adverse influences which may cause the decline, decay, or total destruction of these important assets. Preservation provides for education, pleasure, and enrichment of residents of Swansboro.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O4, passed 2-19-2008)

   (A)   The Swansboro Historic District hereinafter referred to as the “District” is one of the most valued and important assets of the Town of Swansboro. It is established for the purpose of protecting and conserving the heritage of Swansboro, Onslow County, and the State of North Carolina; for the purpose of safeguarding the character and heritage of the District by preserving the District as a whole and any individual property therein that embodies important elements of its social, economic, cultural, political, or architectural history; for the purpose of promoting the conservation of such District for the education, pleasure, and enrichment of residents of the District and Town of Swansboro, Onslow County, and North Carolina as a whole. The purpose fosters civic beauty by the revitalization of once- deteriorating areas, by stabilizing and enhancing educational, cultural, and economic benefits to Swansboro’s current citizens and future generations of citizens.

   (B)   The Swansboro Historic District is hereby established as a district and is indicated as such on the official zoning map for the Town of Swansboro.

   (C)   The Swansboro Historic District is composed of the area of the original six streets and 48 lots laid out by Theophilus Weeks in 1773 plus the streets containing the dwellings constructed by the Swansboro Land and Lumber Company through 1910. The Historic District begins at the point where the White Oak River intersects the South side of North Carolina Highway 24 and proceeds westwardly along the South side of North Carolina Highway 24 to its intersection with Main Street; thence, along the North Side of Main Street to its intersection with the Northwest line of Walnut Street extended; thence, Westwardly with Walnut Street to its intersection with Broad Street, provided that all lots abutting Walnut Street on either side of Walnut Street between Main Street and Broad Street are included in the Historic District; thence, with the Northward side of Broad Street extended to Eastward side of Water Street; thence, with the Eastward side of Water Street to a point approximately 90 feet to an existing iron pipe in the right-of-way line of Water Street, which iron pipe is located at the Northeastern corner of the lot or parcel of land now known as Casper’s Marina Property, further described in the deed recorded at Book 228, Page 506, Onslow County Register of Deeds, and the Northwestern corner of property described in the deed recorded at Deed Book 743, Page 604 of the Onslow County Register of Deeds; thence, from that point, with the line dividing said properties approximately South 32 degrees, 7 minutes 32 seconds East, to the White Oak River; thence with the White Oak River to the point and place of beginning. In addition, the Historic District extends a distance of 300 into the White Oak River from all points of the shoreline described herein.

   (D)   With respect to any changes in the boundaries of such district subsequent to its initial establishment or the creation of additional districts within the Town of Swansboro’s planning jurisdiction, the investigative studies and reports shall be prepared by the Historic Preservation Commission and shall be referred to the Town of Swansboro Planning Board for its review and comment according to procedures set forth in the zoning ordinance. Changes in the boundaries of an initial district or proposal for additional districts shall be submitted to the Department of Cultural Resources in accordance with the following provisions.

   (E)   Through this process, the Town of Swansboro Board of Commissioners may refer these reports or proposed boundaries to any knowledgeable party for review and input. Upon receipt of finished reports and all recommendations, the municipality may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions.

   (F)   The Department of Cultural Resources, acting through the State Historic Preservation Officer (SHOO) or his or her designee, shall have made an analysis of and recommendations concerning such report and description of proposed boundaries. Failure of the Department to submit its written analysis and recommendations to the Board of Commissioners within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the municipality of any responsibility for awaiting such analysis, and the Board of Commissioners may at any time thereafter take any necessary action to adopt or amend its zoning ordinance. The Board of Commissioners may also, at its discretion, refer the report and the proposed boundaries to any other interested body for its recommendations prior to taking action to amend the zoning ordinance.

(Ord. 2005-O3, passed 3-15-2005)

      (1)   There is hereby established the Swansboro Historic Preservation Commission (SHPC) hereafter referred to as the “Historic Preservation Commission” or “Commission,” to consist of five regular members and two alternate members appointed by the Board of Commissioners of the Town of Swansboro. Those persons sitting as members of the existing Historic Preservation Commission shall continue to serve out the terms to which they have been appointed. Thereafter, members shall be appointed by the Board of Commissioners of the Town of Swansboro to serve three year terms, and said terms shall continue to be staggered. Members appointed to fill a vacancy shall be appointed to serve the remainder of the vacated term. Alternate members may serve in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members are expected to attend and participate in all meetings of the Commission when required.

      (2)   Members shall have no limitation placed on the number of consecutive terms they may hold. The Board of Commissioners may request termination of a member at their privilege and reappoint or not reappoint members when their term is complete.

      (3)   At the first regularly held meeting of the new calendar year, the Historic Preservation Commission shall elect from among its regular members a Chairman and Vice-Chairman to serve for one year.

      (4)   The Chairman of the Commission or his/her designee shall serve on the Swansboro Planning Board , as the Commission’s representative and shall have all rights and responsibilities of any other Planning Board member, including the right to vote.

      (1)   Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;

      (2)   Recommend to the Board of Commissioners areas to be designated by ordinance as “Historic Districts” and individual structures, buildings, sites, areas, or objects to be designated by ordinance as “Landmarks;”

      (3)   Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks to hold, manage, preserve, restore, and improve such properties, and to exchange or dispose of the property by private or public sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property;

      (4)   Restore, preserve, and operate historic properties;

      (5)   Recommend to the Board of Commissioners that designation of any area as an historic district or part thereof, or designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;

      (6)   Conduct an educational program regarding historic properties and districts within the town’s planning jurisdiction;

      (7)   Cooperate with the state, federal, and local governments in pursuance of the purposes of this ordinance. The Board of Commissioners , or the Commission, when authorized by the Board of Commissioners , may contract with the state, the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with state or federal law;

      (8)   Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination of survey thereof. However, no member, employee, or agent of the Commission may enter any private building or structure without the express consent of the owner or occupant thereof;

      (9)   Prepare and recommend the official adoption of a preservation element as part of the town’s comprehensive plan ;

      (10)   Review and act upon proposals for alterations , demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this ordinance; and

      (11)   Negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.

         (a)   All meetings shall be open to the public, subject to the provisions of the North Carolina Open Meetings Law.

         (b)   The Chairman, at his/her discretion, may impose time limits upon those desiring to speak.

         (c)   At the close of discussion the Chairman may: (a) call for a formal motion, a second and a vote for or against the motion; or (b) call for a formal motion, a second and a vote by the members to table or continue the matter being heard until such time as additional necessary information may be obtained.

         (d)   1.   A member of the Commission exercising quasi-judicial functions shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial , business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

            2.   If an objection is raised to a board member’s participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

   (I)   An administrator will be appointed to oversee the administrative functions of the Historic Preservation Commission by the Board of Commissioners .

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 3-20-2007; Am. Ord. 2008-O4, passed 2-19-2008; Am. Ord. 2008-O33, passed 11-8-2008; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2012-O9, passed 8-21-2012; Am. Ord. 2016-O10, passed 9-13-2016; Am. Ord. 2021-O3, passed 5-24-2021)

   (A)   When required. No person shall be permitted to construct, alter, move or demolish any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above-ground utility structure , nor any type of outdoor advertising sign, in the Historic District without first applying for and obtaining a certificate of appropriateness for such construction, alteration, moving or demolition. The Historic Preservation Commission shall have the authority to issue a certificate of appropriateness subject to reasonable conditions necessary to carry out the purposes of this ordinance. Any building permit or other such permit not issued in conformity with this selection shall be invalid.

   (B)   For administrative purposes, exterior work items are divided into four categories: routine maintenance, staff approval, minor work, and major work. The category of review required for various types of exterior work shall be as set forth in the Certificate of Appropriateness List (§ 152.479).

      (1)   Routine maintenance does not require a certificate of appropriateness for repairs using original materials or designs that do not alter the exterior appearance of the property.

      (2)   Minor work will require a certificate of appropriateness, and will be reviewed by the Minor Work Committee (M.C.) of the Swansboro Historic Preservation Commission. Minor work may be referred to the full SHPC if the staff/ committee determines that the change involves substantial alterations , additions, or removals that could impair the integrity of the district.

         (a)   Members of the M.C. will consist of the chairman, vice-chairman of the SHPC, and the non-voting administrator of the SHPC. If either voting committee member is not available, the other member will choose a committee member from among the members of the SHPC including alternate members. If the non-voting administrator is unable to attend, the administrator’s assistant will take the position.

         (b)   The Minor Work Committee (M.C.) will consider minor work applications within seven working days of application submittal. Should the two voting members not agree on the request, it is the right of the applicant to be heard by the full SHPC or if the two M.C. members decide that the item is best heard before the SHPC. The minor work request shall be scheduled for the next regular meeting, as long as the Town’s time policy for SUBMITTAL to the SHPC is met. All decisions of the M.C. will be reported in writing to the SHPC at the next regular meeting.

      (3)   Major work will require a certificate of appropriateness and is reviewed by the Historic Preservation Commission. In general, major work projects involve a change in the appearance of a structure, and are more substantial in nature than routine maintenance or minor work projects. Where a certificate of appropriateness is required, the Town of Swansboro and all public utilities will conform in the same manner as private property owners .

      (1)   Application submitted to the Administrator or his or her authorized agent. An application for a certificate of appropriateness shall be obtained from the town, completed by the applicant, and filed with the town. The SHPC application completed in form and content, and the application is filed within the time frame according to town policy for application submittal, then the application shall be considered by the SHPC at its next regular meeting. Otherwise, consideration shall be deferred to the next regular meeting thereafter. An applicant may file with his/her application any additional information relevant to the application.

         (a)   An application for a certificate of appropriateness shall be obtained from the town, completed by the applicant, and filed with the town. The SHPC application completed in form and content, and the application is filed within the time frame according to town policy for application submittal, then the application shall be considered by the SHPC at its next regular meeting. Otherwise, consideration shall be deferred to the next regular meeting thereafter. An applicant may file with his/her application any additional information relevant to the application.

         (b)   The Commission shall follow quasi-judicial procedures in acting on applications for certificates of appropriateness as specified in §§ 152.065 through 152.071.

         (a)   The SHPC shall require data as are reasonably necessary to determine the nature of the application. An application for a Certificate of Appropriateness shall not be considered complete until all required data have been submitted.

         (b)   The applicant and/or his designee shall be present at the meeting at which his application is to be considered. If a third party is to represent the applicant, such permission must be in writing and become part of the application for certificate of appropriateness. (Nov. 7, 1991)

         (c)   When the proposed application is also subject to any state/federal regulations, the complete application from the appropriate officials must be made a part of the application for certificate of appropriateness. The certificate of appropriateness application will be put in a holding file pending approval of the state and federal application.

         (d)   An application fee as established by the Town of Swansboro shall be paid by the applicant upon filing of a major work application with the Administrator. An approved certificate of appropriateness may be re-submitted for minor revisions without payment of an additional application fee. Significant changes will require approval by the Commission in the same manner as the original application and appropriate fee.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. Ord. 2007-O4, passed 4-17-2007; Am. Ord. 2008-O33, passed 11-18-2008; Am. Ord. 2016-O10, passed 9-13-2016; Am. Ord. 2021-O3, passed 5-24-2021)

   Certificates of appropriateness shall be required for properties identified as contributing (C) and non-contributing (N) in the Historic District according to the chart which follows. In the chart, and “N” entry applies to those homes built after 1938, and a “C” entry applies to those homes built before 1938. An “X” entry applies to both Contributing and Non-contributing structures.

 

   (A)   Appeals of any administrative decision may be made to the Historic Preservation Commission.

   (B)   All decisions of the Historic Preservation Commission in granting or denying a certificate of appropriateness may be appealed to the Board of Adjustment in the nature of certiorari within times prescribed for appeals of administrative decision s in G.S. §160D-405(c). To the extent applicable, the provisions of G.S. §160D-1402 shall apply to appeals in the nature of certiorari to the Board of Adjustment.

   (C)   Appeals from the Board of Adjustment may be made pursuant to G.S. §160D-1402. Petitions for judicial review shall be taken within the times prescribed for appeal of quasi-judicial decision s in G.S. §160D-1404. Appeals in any such case shall be heard by the Onslow County Superior Court.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)

      (1)   No structure or part thereof shall extend nearer to or be required to be set back farther from the front lot line than the average distance of the setbacks of the nearest principal building (s) within 100 feet on each side of such building and fronting on the same side of the street ;

      (2)   No building shall exceed a maximum height established by §§ 152.195 through 152.196 without a variance from the Board of Adjustment and recommendations for variance from the Historic Preservation Commission; and

      (3)   The Commission shall place emphasis on adherence to and preservation of appropriate historic scale, mass, height, and architectural detail of the Historic District. However, if the property for which a certificate of appropriateness is sought is located in a flood hazard area, or in any other area such that the first habitable floor of the replacement building must be elevated above the elevation of the first habitable floor of the building, the Historic Preservation Commission shall give due regard to balancing the mass and scale of the building with the increased height of the building, and to balancing the mass, scale, and height of the building with the mass, scale, and height of other buildings in the Historic District by the use of setbacks and other creative architectural and landscaping designs to create a building which complies with this § 152.481.

(Ord. 2005-O3, passed 3-15-2005)

      (1)   The SHPC shall take no action under this section except to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features in the district which would be incongruous with the special character of the district. Nothing in this subchapter is construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure within the Historic District.

      (2)   Authorized town officials may certify that a building in an unusually deteriorated condition is dangerous, hazardous, or unsafe; however, before a razing can be ordered, the Swansboro Historic Preservation Commission should have both the opportunity and authority to make recommendations to the property owner (s), town officials, and other interested parties in order to avert the necessity for the building’s demolition.

      (3)   In granting a certificate of appropriateness, the Commission shall take into account the historic or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure as well as the effect of such change or additions upon other structures in the vicinity.

      (1)   All applications for certificates of appropriateness shall be subject to review based upon the design guidelines in effect. The Historic Preservation Design Guidelines are an appendix in the Unified Development Ordinance.

      (2)   The characteristics and aspects of design that are illustrated and detailed in the Swansboro Historic Preservation Design Guidelines shall be considered, when relevant, by the SHPC in reviewing applications for a certificate of appropriateness.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2007-O4, passed 4-17-2007; Am. Ord. 2008-33, passed 11-18-2008)

   (A)   Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Swansboro Historic District which does not involve a change in design, material, or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, moving or demolition of any such feature which the building inspector or similar official shall certify in writing to the SHPC is required by the public safety because of an unsafe or dangerous condition.

   (B)   Nothing in this subchapter shall be construed to prevent a property owner from making any use of his or her property that is not prohibited by other law, or in the event of an emergency, the immediate restoration of any existing above-ground utility structure without approval by the Historic Preservation Commission.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)

   (A)   An application for a certificate of appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the district may not be denied. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the Swansboro Historic Preservation Commission may negotiate with the owner and with other parties in an effort to find means of preserving the building. If the Swansboro Historic Preservation Commission finds that the building has no particular significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.

   (B)   An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied, except in cases where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

   (C)   If the Historic Preservation Commission or Planning Board has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the Board of Commissioners, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission or Planning Board for a period of up to 180 days or until the Board of Commissioners takes final action on the designation, whichever occurs first.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)

      (1)   Deterioration of exterior walls, foundations, or other vertical supports that cause leaning, sagging, splitting, listing, or buckling;

      (2)   Deterioration of flooring or floor supports, roofs, or other horizontal members that cause leaning, sagging, splitting, listing, or buckling;

      (3)   Deterioration of external chimneys causing leaning, sagging, splitting, listing, or buckling;

      (4)   Deterioration or crumbling of exterior plasters or mortars;

      (5)   Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

      (6)   Defective protection or lack of weather protection for exterior walls and roof coverings, including lack of paint, or weathering due to lack of paint and/or other protective coverings;

      (7)   Rotting holes, and other forms of decay;

      (8)   Deterioration of exterior stairs, porches, handrails, windows, and door frames, cornices, entablatures, wall facings, and architectural details that cause the delamination, instability, loss of shape and form, or crumbling;

      (9)   Heaving, subsidence, or cracking of sidewalks, steps or pathways;

      (10)   Deterioration of fences, gates, and/or accessory structures ;

      (11)   Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

(Ord. 2023-O1, passed 3-13-2023)

   At the Town Planner’s discretion, offenders may be required to:

   (A)   Provide a sealed report from a structural engineer who has inspected the site and consult with the Town Planner who will consult with the State Historic Preservation Office on the submittal and ask for additional information if needed, as well as the Town Building Official and Town Engineer. The report must contain a breakdown of the structural integrity of the building, including the roof, walls, floors, windows, doors, and foundation. A detailed description of each structural component that needs work must be provided with the remedy for repair, along with documentation that the component is 50% or more structurally unsound.

   (B)   If water infiltration is occurring, provide a sealed site plan from an engineer showing solutions to the stormwater issue. The calculations will be reviewed by the Town Engineer.

   (C)   Submit two sealed sets of building plans and a site plan, along with any exhibits that are needed for the review. Town staff will work through the review process prior to taking the recommended drawings and exhibits to the Swansboro Historic Commission for consideration of a certificate of appropriateness to facilitate and document the corrective action needed.

(Ord. 2023-O1, passed 3-13-2023)

   (A)   Compliance with the terms of the certificate of appropriateness shall be enforced by the Administrator and when appropriate by the Board of Commissioners . The discontinuance of work or the lack of progress toward achieving compliance with a certificate of appropriateness for a continuous period of six months shall be deemed a failure to comply with the certificate of appropriateness, and, without further action, the certificate of appropriateness shall be null and void. In addition to any other remedy provided by this chapter or by law, this chapter may be enforced in the same manner and violations hereof are punishable according to the procedures and penalties for violations of the zoning ordinance and town codes. In case any building, structure, site, area or object within the Historic District is about to be demolished, whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed, or destroyed except in compliance with the ordinance, the Town Board, the Commission, or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful demolition, destruction, material alteration, remodeling, or removal; to restrain, correct or abate such violation, or to prevent any illegal act or conduct with respect to such a building or structure.

   (B)   Additionally, nothing contained in this ordinance shall prohibit, impair, or limit in any way, the power of the Town of Swansboro to prevent the construction, reconstruction, alteration, restoration, or removal of buildings, structures, appurtenant fixtures, or outdoor signs in the Historic District in violation of the provisions of this chapter. The enforcement of any remedy provided herein shall not prevent the enforcement of other remedy or remedies provided herein or in other ordinances or laws. (See G.S.§§160A-175 and 160A-389).

   (C)   When DBN properties have been identified and added to the DBN List, the general steps, actions, decision points, and offender’s needed responses when receiving notice of violation from the Town Planner, are as follows:

      (1)   A completed DBN complaint form is submitted to the Town Planner and stamped with the received date and initials. Staff may fill out the complaint form based on email or phone call from a complaint. Email or regular mail is preferred. However, if a phone call is received, the Town Planner will respond by email, which should be sent to the complainer and the Swansboro Historic Preservation Commission (“SHPC”). The Town Planner will report to the SHPC at the next regular meeting.

      (2)   The Town Planner shall investigate any complaint. Within 14 days following receipt of the DBN complaint, the Town Planner shall send a status report of the complaint investigation and actions taken to the complainant and, if warranted, send a notice of violation to the offender. The Town Planner shall report the complaint investigation to the SHPC at its next regular meeting if there is a basis for the complaint.

      (3)   If the Town Planner determines there is a basis for the complaint, the offender has 30 calendar days to respond to the notice of violation, documenting violation(s) contributing to the DBN. The offender may respond by phone, email or in writing. The Town Planner shall send a follow-up email in the event the offender responds by phone. The Town Planner shall send a copy of that email to the SHPC within two business days of the call. The Town Planner shall maintain a record of communication with the offender. The Town Planner is the responsible party to prepare and present the reports to the SHPC.

      (4)   If the offender fails to respond or fails to address the violation(s) by the required deadline, the town may take all action allowed under this chapter or other applicable law related to code enforcement. The Town Planner shall report any town enforcement action at the next SHPC meeting.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2023-O1, passed 3-13-2023)

   (A)   Municipally owned property will be subject to the same regulations as privately owned property if located within the Historic District.

   (B)   If consideration is being made for possible town acquisitions of historic property, the Swansboro Historic Preservation Commission should provide input in all stages of planning on the usefulness of the acquisition. However, acquisition and restoration of historic property should remain the domain of private enterprise whenever possible.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2023-O1, passed 3-13-2023)