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Heritage Conservation Districts Franklin Carmichael (1890-1945) Church and Houses at Bisset c.1931 oil on paperboard 25.2 x 30.4 cm Gift of the Founders, Robert and Signe McMichael McMichael Canadian Art Collection 1966.16.11 This guide is one of several published by the Ministry of Culture as part of the Ontario Heritage Tool Kit. It is designed to help municipal Councils, municipal staff, Municipal Heritage Committees, land use planners, heritage professionals, heritage organizations, property owners, and others understand the heritage conservation process in Ontario. ISBN 1-4249-0052-2 © Queen’s Printer for Ontario, 2006 Heritage Conservation Districts Travelling through the downtowns and the Following the recent changes to the back roads of Ontario, you will find remark- Planning Act and Provincial Policy able places rich in history and character – Statement and thanks to Ontario’s participa- bustling market squares and commercial areas, tion in the Historic Places Initiative, there is picturesque villages in the heart of large cities, opportunity for development of a more residential neighbourhoods that evoke a sense comprehensive approach to the identification, of the past, and landscapes that maintain a conservation and protection of the wide strong rural identity. range of heritage resources encountered in Heritage Conservation Districts. In many cases, these areas have maintained their uniqueness and sense of place because the This guide is designed to assist municipal local municipality has taken the opportunity staff, heritage committee members and to designate them as Heritage Conservation heritage community groups develop Districts (HCDs). effective plans, policies and guidelines to ensure long-term protection and enhance- Following the designation of the first HCD ment of Heritage Conservation Districts in 1980, over 75 areas have been designated for the enjoyment of current and future in recognition of their cultural heritage generations. value and special character. In April 2005, the Ontario Heritage Act was strengthened to provide municipalities and the province with enhanced powers to preserve and promote Ontario’s cultural heritage. 1 Heritage Conservation Districts What’s in this guide? 1 Overview of Heritage Conservation District Designation ................ 5 What is a Heritage Conservation District? .............................................. 5 What are the benefits? ..................................................................... 8 Characteristics of heritage districts ...................................................... 9 Identification of cultural heritage value in districts ................................... 10 2 Legislative Changes and New Opportunities ............................... 12 The Ontario Heritage Act – Part V ...................................................... 12 The Provincial Policy Statement ......................................................... 13 The Canadian Register of Historic Places ............................................. 15 3 Designating a District ............................................................. 16 Step 1 – Request to designate .......................................................... 18 Step 2 – Consultation with the Municipal Heritage Committee ................... 18 Step 3 – Official Plan provisions ......................................................... 18 Step 4 –The area study and interim control ........................................... 18 3 Step 5 – Evaluation of cultural heritage resources and attributes ............... 21 Step 6 – Delineation of the boundary of a HCD ...................................... 24 Step 7 – Public consultation .............................................................. 27 4 The Heritage Conservation District Plan .................................... 28 Step 8 – Preparation of the HCD plan and guidelines .............................. 28 Step 9 – Passing the designation bylaw and adoption of the HCD plan ......... 33 Step 10 – Registration of bylaw on title ............................................... 33 Step 11 – Notification of passing of bylaw to the Ontario Heritage Trust ...... 33 Step 12 – Proposed changes to bylaws and Official Plan provisions ............. 34 Step 13 – Implementing the district plan .............................................. 34 Adoption of HCD plans for previously designated districts ......................... 34 5 Management of the District ..................................................... 35 Review of alteration, new construction and demolition ............................. 35 Property maintenance standards ....................................................... 36 Easements and covenants ................................................................ 36 Acquisition and expropriation ............................................................. 37 Incentives and other support for heritage conservation ............................ 37 6 Resources and Further Information .......................................... 39 Appendices ................................................................................. 40 Appendix A Summary of key changes to Part V of the Ontario Heritage Act .... 41 Appendix B Provincial Policy Statement, 2005 – definitions ....................... 44 Appendix C Supporting tools ............................................................. 46 Note: The Ministry of Culture has published this Guide as an aid to municipalities. Municipalities are responsible for making local decisions including compliance with applicable statutes and regulations. Before acting on any of the information provided in this Guide, municipalities should refer to the actual wording of the legislation and consult their legal counsel for specific interpretations. 4 Heritage Conservation Districts • What’s in this guide? Heritage Conservation Districts OVERVIEW OF HERITAGE CONSERVATION District Designation 1 What is a Heritage with features or land patterns that Conservation District? contribute to a cohesive sense of time or place. Subsection 41. (1) in Part V of the Ontario Heritage Act enables the council of a munic- Heritage Conservation Districts form an ipality to designate the entire municipality or integral part of our cultural heritage. They any defined area or areas of the municipality contribute to an understanding and appreci- as a Heritage Conservation District (HCD). ation of the cultural identity of the local community, region, province or nation. District designation enables the council of a municipality to manage and guide future The significance of a HCD often extends change in the district, through adoption of a beyond its built heritage, structures, streets, district plan with policies and guidelines for landscape and other physical and spatial conservation, protection and enhancement elements, to include important vistas and of the area’s special character. views between and towards buildings and spaces within the district. The quality and A HCD may comprise an area with a group interest of a district may also depend on or complex of buildings, or a larger area the diversity of the lifestyle and the traditions with many buildings and properties. It may of the people who live and work there. also comprise an entire municipality with As the users and the ultimate guardians, the a concentration of heritage resources with community forms a vital part of a district. special character or historical association that distinguishes it from its surroundings. Following recent legislative changes, there is growing interest in the designation of heritage Potential districts can be found in urban conservation districts in industrial, rural, and rural environments. They may include waterfront, mining and other cultural heritage residential, commercial and industrial areas, landscape settings that have not been fully rural landscapes or entire villages or hamlets considered before. 5 Apart from a small number of districts • The Square in Goderich, a 19th century where the main use is institutional, the urban square with a unique layout based majority of Ontario’s designated HCDs on classical design principles; comprise residential or commercial “main streets” districts. The following examples help to illustrate the range and diversity of Ontario’s HCDs: • Galt downtown, a late 19th century com- mercial block in the City of Cambridge; “The Square” Heritage Conservation District, located at the heart of the Town of Goderich’s downtown is renowned for the uniqueness and integrity of its design and layout. (Graphic: The Square Heritage Conservation District Plan (1976), prepared by Nicholas Hill) • The former Village of Rockcliffe Park, now part of the City of Ottawa, where The Galt Downtown Heritage Conservation District – the whole municipality was designated, now part of the City of Cambridge, comprises a prominent in large part, because of its character as commercial block of stone clad buildings that subtly vary in detail and style. (Photo: Ministry of Culture) a cultural heritage landscape; • Fort York in Toronto which includes over 40 acres, original earthen fortifications, blockhouses, a cemetery, magazines and garrison buildings; Established in 1793 with the founding of York (Toronto), Fort York Heritage Conservation District is a cultural heritage landscape of historic significance and importance. (Photo courtesy of David Spittal (photographer) from the “Fort York Collection, 2005”) 6 Heritage Conservation Districts • Overview of Heritage Conservation District Designation • Kleinburg-Nashville
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