[Adopted 3-5-1974 ATM by Art. II, as amended through 3-1999 ATM]
The purpose of these Districts shall be to:
A. 
Safeguard the heritage of the Town as it is represented in structures of historical and architectural value.
B. 
Preserve a district in the Town which reflects elements of its cultural, social, economic and political history.
C. 
Foster civic beauty.
D. 
Promote the use of an historic district for the education, pleasure and welfare of the citizens of our Town.
The Historic Districts established herewith and from time to time amended in the manner prescribed by New Hampshire law has one or more or any combination of the following characteristics and qualifications, without limitation as to cultural or chronological period:
A. 
Structures or sites at which events occur or have occurred that contribute to and are identified with or significantly represent or exemplify the broad cultural, political, economic, military, social or sociological history of the Wolfeboro Historic District and the nation, including sites and buildings at which visitors may gain insight or see examples either of particular items or of larger patterns in the North American heritage.
B. 
Structures or sites importantly associated with historic personages.
C. 
Structures or sites importantly associated with historic examples of a great idea or ideal.
D. 
Structures or structural remains and sites embodying examples of architectural types or specimens valuable for study of a period, style or method of building construction, of community organization and living or of landscaping or a single notable structure or a single site representing the work of a master builder, master designer, architect or landscape architect.
E. 
Structures contributing to the visual continuity of the district.
A. 
In accordance with RSA 673:4, the Selectmen shall appoint an Historic District Commission,[1] hereinafter referred to as the "Commission," of seven members, as follows:
(1) 
One member shall be a member of the Board of Selectmen.
(2) 
One member may be a member of the Planning Board.
(3) 
No less than two of the members shall be residents of the Historic Districts.
[1]
Editor's Note: The Historic District Commission was abolished 3-9-2010 ATM by Art. 9.
B. 
Initially, staggered terms of one, two and three years each shall be assigned the members first appointed, so arranged that not more than two terms will expire each year. The Board of Selectmen shall designate the length of term for their member.
A. 
The Commission shall be organized and shall conduct its affairs as required by RSA 673:4, RSA 91-A and all other applicable laws, and shall adopt and publish its rules of procedure.
B. 
A quorum for transaction of all business shall consist of four members, except that a lesser number may adjourn any meeting to a place and time specific giving public notice of the adjournment.
The Commission may exercise all powers and shall perform all duties authorized or required in RSA 674:45 to 674:50 and other applicable law.
The Town Meeting action hereby establishes within the Town of Wolfeboro the following Historic Districts as authorized by RSA 674:46. The entire building or structure, whether fully or partially within the Historic Districts, shall be regulated by this Part 2.
A. 
The North Wolfeboro Historic District. The area of this district is restricted to a setback of 250 feet from the center line on each side of the roads involved, the area being approximately 9/10 of a square mile and the roads being entirely within North Wolfeboro as shown on the Zoning Map:
(1) 
Pork Hill Road starting at the Ossipee-Wolfeboro Town Line and extending in a southeast direction to the Route 28 right-of-way.
(2) 
North Wolfeboro Road from Route 28 right-of-way and extending in a southeast direction to Dimon Corner.
(3) 
Trask Mountain Road from Dimon Corner in a northeast direction to the Ossipee/Wolfeboro Town line.
(4) 
Stoddard Road South from Dimon Corner in a northeast direction to the intersection with College Road.
(5) 
Cowper Road easterly to Avery Road.
(6) 
Avery Road from its intersection with the Cowper Road to the Stoneham Road, excluding that area already included in the Cotton Mountain Historic District.
(7) 
Bickford Road northwest from Frost Corner (College Road right-of-way) to Stoddard Road.
(8) 
Chick Road, northwest from the intersection of Bickford Road to Haines Hill Road.
(9) 
Haines Hill Road, northeasterly from the intersection of Chick Road to North Wolfeboro Road at Dimon Corner.
B. 
The Cotton Mountain Historic District. The area of this district is restricted to a setback of 250 feet from the center line on each side of the following roads as they are shown on the Zoning Map:
(1) 
Stoneham Road from the Brookfield Town line to Stoddard Road, excluding that area already included in the North Wolfeboro Historic District.
(2) 
Jenness Farm Road from Stoneham Road to Cotton Valley Road excluding Tax Map 18, Block 9, Lots 2, 3, and 4 (New Tax Map 137, Lots 4, 3, and 2).[1]
[1]
Editor's Note: This subsection was amended by the Board of Selectmen 4-25-2007 to change "Dallas Road" to "Jenness Farm Road."
(3) 
The North Wakefield Road from Stoneham Road to the Wakefield Town line.
A. 
Within the Historic Districts, no buildings or structures shall be constructed, reconstructed, altered, restored, moved or demolished without the approval of the Wolfeboro Historic District Commission. A certificate of approval from the Commission is required for such work even though a building permit may not be required.
B. 
Application procedure. A written application for a certificate of approval shall be submitted to the Wolfeboro Historic District Commission. The application shall be in the form prescribed by the Commission and shall, as a minimum, state the purpose and intent of the proposed project and identify in exact detail the nature and extent of the work to be performed. The application shall be accompanied by copies of any site plans, building plans, photographs, topographic plans and any other information required by the Commission.
C. 
Consideration of an application. The Historic District Commission shall make a determination as to the appropriateness of the work proposed to be accomplished by an applicant by determining whether or not the proposal is in compliance with the purpose and intent of the district and the guidelines of this chapter. This determination shall be based on the following:
(1) 
Professional advice. The Commission may seek advice from such professional, educational, cultural or other sources as is deemed necessary.
(2) 
Public hearing. The Commission may hold a public hearing during which opinions of abutters and interested citizens shall be heard, as well as such professional advice as has been requested. Notice of the public hearing shall be sent to abutters and others as required by RSA 676:4 not less than 10 days prior to the date of the hearing.
(3) 
Consultation. The Commission shall consult with the applicant and may make suitable recommendations for changes or modifications to the applicant's proposal. Such recommendations shall be for the purposes of historic preservation and the prevention of changes that are incongruous with the Historic District, its buildings, sites and surroundings, particularly those features of the district that are subject to public view.
(4) 
Action on an application. The Historic District Commission, at the next regular meeting or within 30 days following the delivery of the application, shall determine if the submitted application is complete according to the Commission’s regulation and shall vote upon its acceptance. Upon determination by the Commission that a submitted application is complete according to the Commission's regulations, the Commission shall begin formal consideration and shall act to approve, conditionally approve, or disapprove within 45 days of the acceptance of said application by the Commission, unless the applicant agrees, in writing, to extend this time limit. The Commission shall determine whether the action or usage proposed will be appropriate in the Historic District and shall file a certificate of approval or disapproval with the office of Town Manager. Failure by the Commission to act within the specified period of time shall be deemed to constitute approval of the application. The Commission shall determine whether the action or usage proposed will be appropriate in the Historic District and shall file a certificate of approval or disapproval with the office of Town Manager. Failure by the Commission to act within the specified period of time shall be deemed to constitute approval of the application.
[Amended 3-11-2008 ATM by Art. 4]
(a) 
Conditional approval. Notwithstanding that the action or usage proposed by the applicant may be deemed inappropriate owing to conditions especially affecting the lot, building or structure involved, but not affecting the Historic District generally, the Commission may find that failure to issue a certificate of approval will involve a peculiar and unusual hardship (physical, financial or otherwise) to the applicant and that such certificate may be issued without substantial derogation of the intent and purposes of historic preservation in Wolfeboro. If the Commission determines that a proposed action or usage is not appropriate, owing to conditions aforesaid, but that failure to issue a certificate of approval causes substantial hardship, the Commission may file a certificate of approval in which the Commission may impose conditions.
(b) 
Disapproval. When an application is disapproved, the reasons for such disapproval shall be clearly stated in the record of proceedings of the Commission.
(c) 
Notification. The Commission shall notify the applicant and the Town Manager of its determination and shall furnish the applicant a summary of the reasons for the action taken and its recommendations, if any, as appearing in the records of the Commission.
Appeals may be taken to the Wolfeboro Zoning Board of Adjustment by any owner or tenant of property wholly or partly within the Wolfeboro Historic District, as well as by any other person, agency or group, if aggrieved by a ruling of the Wolfeboro Historic District Commission. The Wolfeboro Zoning Board of Adjustment shall hear and act upon such appeals within the periods of time prescribed by New Hampshire statute.
The following guidelines shall be used by the Historic District Commission:
A. 
Criteria for appropriateness (existing buildings). When determining the appropriateness of proposed alterations, restorations or remodeling of existing structures, the criteria listed below shall be used. It is possible that in some instances several criteria will apply to a particular application, in which case the applicant shall suggest on the application the criterion being used, and the Commission shall consider the applicant's suggestion but shall make the final decision on which criterion or criteria, if any, apply.
(1) 
Structures which are of importance because of a moment in history, such as the date of occupancy by a celebrated personage or the happening of an event. Such structures should be altered only so as to be more in conformity with the appearance at that moment in time.
(2) 
Structures which are of importance because of their date of construction. Such structures should be altered to restore features to their original appearance, unless the structure was altered at some later time and the Commission determines that the alteration is in keeping with the character of the Historic District or is notable in its own right. In such case, the altered appearance should be maintained.
(3) 
Structures which are important in the history of architecture as unique or exceptionally fine examples of their style. Such structures should be altered only so as to retain their original appearance.
(4) 
Structures which are merely typical of their age and style. Such structures should be altered in a fashion of that age or style, if in keeping with the character of the Historic District.
B. 
Criteria for conformance (new structures). New structures and buildings and those being moved into the Historic District must conform to the existing structures in the district in terms of general size and scale but need not conform in precise architectural style. In addition:
(1) 
Unless waived by the Commission, a structure must essentially conform to an average of the dimensions of its nearest neighbors as follows:
(a) 
Height.
(b) 
Length.
(c) 
Width.
(d) 
Street frontage.
(e) 
Setback from the street.
(f) 
Number of stories.
(2) 
Such a structure shall conform to the general style of the Historic District by being similar to neighboring structures in the criteria listed below, unless waived by the Commission:
(a) 
Openings and openings patterns within the facade as a percentage of the facade, i.e., doors and windows.
(b) 
Similarity of construction materials and surface texture, i.e., rough, smooth, wood, brick, etc.
(c) 
Similarity of rooflines, i.e., slopes and shapes.
(d) 
Similarity of architectural details, i.e., cornices, lintels, arches, porches, balustrades, wrought iron work, chimneys, etc.
(e) 
Similarity of landscaping and ground coverings, i.e., grass, trees, shrubs, brick, granite, etc.
(f) 
Other items of review shall include color, roof materials, fences, foundations, signs, windows and such other items as may affect the exterior appearance of said structure even though a permit may not be required under the Planning and Zoning Ordinance.
C. 
Demolition or removal. No existing building or other structure may be demolished or moved out of any of the Historic Districts until approval has been granted by the Historic District Commission. An application which includes a detailed plan for the reuse of the site shall be submitted, and the Commission shall determine the appropriateness of the plan. A certificate of approval for demolition and reuse shall only be granted upon a showing by the applicant that to deny such certificate would result in a hardship unique to the property in question and that such hardship is not common to neighboring properties in the Historic District. Financial hardship of the owner of the property shall not constitute a hardship for this purpose.
D. 
Construction. Construction that will not have any visible impact on buildings or structures in the Historic District is permitted, provided that the Historic District Commission is notified at least 30 days in advance of such construction. Such construction shall not begin if the owner is notified that an application to the Commission is required.
E. 
Painting. Painting, staining and other exterior decorative work constituting a change from existing color and appearance and not involving exterior construction shall be in accordance with the character of the Historic District. The Commission shall be notified 30 days in advance of such exterior decorative work. Such work shall not begin if the owner is notified that an application to the Commission is required.
F. 
Routine repairs. Routine repairs to existing structures not involving any other exterior changes shall be deemed to be of no interest. Parties interested in promoting the spirit and intent of the Historic District are encouraged to seek informal guidance from the Commission in the selection of historically appropriate colors or detail.
The enforcement of the provisions of this Part 2 shall be made through the Planning and Zoning Ordinance of the Town of Wolfeboro (RSA 31:89-j).[1]
[1]
Editor's Note: See now RSA 674:45 et seq., Historic Districts.
In case any subsection, paragraph, or part of this Part 2 is, for any reason, declared invalid or held unconstitutional by any court of last resort, every other subsection, paragraph or part shall continue in full force and effect.
Nothing in this Part 2 shall be construed to prevent ordinary maintenance or repair of any structure or place within the Historic District nor to prevent construction, alteration, repair, moving or demolition of any structure under a permit issued by the Permit Officer or other duly delegated authority prior to the establishment of any such District (RSA 31:89-g).[1]
[1]
Editor's Note: RSA 31:89-g was repealed in 1983 (447:5). See now RSA 674-45 et seq., Historic Districts.