§ 152.525 PURPOSE AND APPLICABILITY.

   (A)   Purpose. Protection of the Town of Swansboro’s natural environment and enhancement of the community’s built environment with installation and maintenance of new landscape areas are important to the Town of Swansboro and its citizens. The regulations of this section are a tool to ensure these goals are accomplished. The purposes of this subchapter are:

      (1)   To enhance the visual character of the community , and preserve the economic value of property by screening objectionable views within and between uses and provide assistance in noise abatement;

      (2)   To encourage the proper use of land by promoting an appropriate balance between the built environment and preservation/conservation of open space ;

      (3)   To preserve and improve property values and protect private and public investment through preservation of open space , protection of the existing tree canopy, providing buffers between incompatible uses and along roadways, and encouraging the planting of new vegetation as deemed appropriate;

      (4)   To promote the aesthetic quality of property that provides important psychological, sociological, and aesthetic counterpoints to the man-made urban setting;

      (5)   To preserve the climatic balance while contributing to the process of air purification and oxygen regeneration and to add environmental value by reducing glare and heat, decrease wind velocity, and to promote energy conservation by maximizing the shading and cooling effects of trees;

      (6)   To preserve the ecological value of property by the stabilization and fertilization of soil and the prevention of soil erosion;

      (7)   To consider the guidelines and recommendations in Swansboro’s CAMA Land Use Plan;

      (8)   To preserve, protect and enhance the identity, character and business economy of Swansboro, and

      (9)   To set forth development standards and requirements for preserving existing vegetation and installation of new landscape areas.

      (10)   Low impact development design shall be allowed in required buffer yards.

   (B)   Application. The requirements of this section shall apply to:

      (1)   All new or changed uses of land, buildings, and structures located within the Town of Swansboro Planning and Zoning Jurisdiction which are not exempted in division (C) of this section; and

      (2)   Any use of building or structure which sits idle more than 180 consecutive days or is abandoned, except those uses exempted in sections (C)(1) through (C)(3).

   (C)   None of the landscaping and screening requirements of this section shall apply to:

      (1)   Existing uses and buildings, including repairs, alterations , or improvements to the interiors and exteriors of existing buildings which do not result in a change of use or additions or expansions to the buildings;

      (2)   Expansion of existing structures where the cost of the expansion project is less than or equal to 50% of either the current tax value or appraised value of the existing structure(s). In the event the expansion of existing structures does not exceed the 50% of either the current tax value or appraised value of the existing structure, and future subsequent expansions and prior expansions occur within a five-year period that accumulatively exceeds the 50% of either current tax value or appraised value, this subchapter shall apply;

      (3)   Areas inside the designated right-of-way of a public or private street ;

      (4)   Existing single-family  lots of record ; and

      (5)   Accessory structures constructed on the same lot and incidental to the principal structure which are less than or equal to 50% of either the current tax value or appraised value of the existing structure(s).

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2005-O8, passed 7-19-2005; Am. Ord. 2013-O15, passed 7-16-2013; Am. Ord. 2015-O3, passed 9-15-2015)