HomeMy WebLinkAbout2017-030The Corporation of the Municipality of Clarington
By-law 2017-030
being a by-law to amend Property Standards By-law 2007-070
Whereas, on April 2, 2007, the Municipality enacted Property Standards
By-law 2007-070 pursuant to section 15.1 of the Building Code Act, 1992, S.O. 1992,
c.23; and
Whereas, under sections 35.3 and 45.1 of the Ontario Heritage Act, the council of a
municipality may prescribe minimum standards for the maintenance of the heritage
attributes of designated heritage properties or properties situated in a heritage
conservation district provided a by-law passed under Section 15.1 of the BCA is in
effect in the municipality; and
Whereas, Council deems it advisable to amend By-law 2007-070 to prescribe such
standards.
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
Property Standards By-law 2007-070 is amended by deleting section 1.13
(definition of "Designated Heritage Building").
Property Standards by-law 2007-070 is amended by renumbering the following
Section 4.10 to be Section 4.12, which states that:
"Where, in the opinion of the officer, restoration as specified in Section 4.09 is
not possible or economically feasible, the officer may order the building
demolished."
3. Property Standards By-law 2007-070 is amended by renumbering Sections 4.15
and 4.16 to 4.25and 4.26.
4. Property Standards By-law 2007-070 is amended by deleting Sections 4.12 and
4.13 (DESIGNATED HERITAGE BUILDINGS) and substituting the following
therefor:
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The Corporation of the Municipality of Clarington
By-law 2017-030
DESIGNATED HERITAGE BUILDINGS
Definitions
4.13 In Sections 4.13 through 4.21 of this by-law:
"heritage attributes" has the same meaning as in section 1 of the
Ontario Heritage Act;
"heritage property" means property that has been designated under
section 29 or section 34.5 of the Ontario Heritage Act or property that is
located within an area that has been designated under section 41 of the
Ontario Heritage Act as a heritage conservation district; and
"Ontario Heritage Act" means Ontario Heritage Act, R.S.O. 1990, c.O.18.
as amended from time -to -time.
General
4.14 Despite any provision of this by-law, the Ontario Building Code or the
Building Code Act, 1992, no building or structure located on a heritage
property may be altered, demolished, removed, or relocated except in
accordance with this by-law and Ontario Heritage Act including any
permits or permissions required under such Act.
4.15 In addition to the minimum standards for the maintenance and occupancy
set out elsewhere in this by-law, the owner of a heritage property shall
maintain, preserve and protect its heritage attributes.
4.16 In the event of conflict between anything in section s 4.12 through 4.22 of
this by-law and any other sections of this by-law, Sections 4.12 through
4.22 shall prevail.
Repair of Heritage Attributes
4.17 Where a heritage attribute of a heritage property can be repaired, the
heritage attribute shall not be replaced and shall be repaired,
(a) in such a manner that minimizes damage to the heritage attributes
and maintains the design, colour, texture, grain or other distinctive
features of the heritage attribute; and
(b) using the same types of material as the original attribute and in
keeping with the design, colour, texture, grain and any other
distinctive features of the original attribute.
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The Corporation of the Municipality of Clarington
By-law 2017-030
4.18 Where the same types of material as the original are no longer available,
alternative types of material that replicate the design, colour, texture, grain
or other distinctive features and appearance of the original material will be
considered, in consultation with the Clarington Heritage Committee, and
approved by the Director of Planning.
Replacement of Heritage Attributes
4.19 Where a heritage attribute of a heritage property cannot be repaired, the
heritage attribute shall be replaced in such a manner as to replicate the
design, colour, texture, grain and other distinctive features and
appearance of the heritage attribute, using the same types of material as
the original.
4.20 Where the same types of material as the original are no longer available,
alternative types of material that replicate the design, colour, texture, grain
or other distinctive features and appearance of the original material may
be used.
4.21 Prior to replacing any heritage attribute, the owner of the heritage property
shall consult with the Municipality's Heritage Committee.
4.22 The removal of the original material shall be documented by photographs,
to -scale drawings, and/or any means identified by Municipal staff.
Vacant Heritage Properties
4.23 Notwithstanding Sections 4.01 through 4.07 (VACANT OR DAMAGED
BUILDINGS) of this by-law, where a heritage property remains vacant for
a period of ninety (90) days or more, the owner shall ensure that all utilities
serving the property are properly disconnected, terminated or capped,
unless in the opinion of the Director of Planning such utilities (i) are
necessary for the safety and security of the property, (ii) provide, maintain
and monitor property heating and ventilation, or (iii) are otherwise required
by law to remain connected.
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The Corporation of the Municipality of Clarington
By-law 2017-030
4.24 Notwithstanding Sections 4.01 through 4.07 (VACANT OR DAMAGED
BUILDINGS) of this by-law, the owner of vacant heritage property shall
protect all structures and buildings on the property against the risk of fire,
weather, neglect, intentional damage or damage by other causes by
effectively preventing the entrance of the elements, unauthorized persons
or the infestation of pests by boarding up and securing the buildings and
structures in a suitable manner determined by the Director of Planning that
may include the following:
(a) Lock all doors and windows and ensure on-going maintenance.
(b) Post "No Trespassing" signs.
(c) Post a heritage notice that complies with the Municipality's sign by
law that states:
Heritage Notice
The structure on this property is a designated heritage resource
protected under the Ontario Heritage Act and applicable municipal
law. Please help us conserve our heritage. For more information
contact:
Municipal Staff — Heritage at 905-623-3379.
(d) Close all basement hatches, openings, walkways and windows.
(e) Remove ladders, tools, equipment and other materials that might
be used to gain interior access.
(f) Remove rubbish, garbage, parts of vehicles and other equipment,
discarded furniture, appliances, machinery and debris from inside
buildings and structures and from around the property.
(g) All floors above the first floor must be rendered inaccessible to
entry by raising fire escapes and ladders to a height of at least four
meters, and by removing or cladding towers that may be used to
access the property.
(h) Significant trees, plantings, grass, lawns, flower beds, hedgerows,
bushes, vines and other vegetation on grounds surrounding
vacant heritage buildings, structures and other resources shall be
maintained and protected at all times in accordance with relevant
municipal by-laws.
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The Corporation of the Municipality of Clarington
By-law 2017-030
(i) Chain -off driveways and all other direct means of vehicular access
to the property, while still permitting authorized vehicular and
emergency vehicular access when necessary; chains should be
no greater than 10mm (3/8 inch) in diameter and of a grade 30 or
comparable.
Q) All boards shall be installed from the exterior and interior and shall
be fitted in a watertight manner and so that all exterior trim and
cladding remains uncovered and undamaged by the boarding.
(k) All boards shall be fastened securely in a manner that minimizes
damage to the heritage attributes.
(1) All boards used shall be painted in a manner to reflect the panes
of glass, frames and muntins that were or are found on the
opening that is being boarded over or the panes of glass shall be
painted in matt black and the window frames and muntins shall be
painted in a colour which matches that of the original opening.
(m) All boards not located in a window or door opening shall be
painted or otherwise treated so that the colour blends with the
exterior of the building or structure.
(n) Temporary metal security fencing may be required around the
perimeter of a vacant heritage property. The fence shall be 2
metres in height above grade, equipped with a horizontal top rail.
The temporary fence shall be erected and securely anchored and
maintained at all times with all gates locked with appropriate high
security pad locks.
(o) Exterior lighting fixtures may be required to be installed and/or
maintained in the front porch, veranda, or area adjacent to the
front and rear entrance of the building or structure, and must be
activated by motion sensors, and shall maintain an average level
of illumination of at least 50 lux at ground level.
5. This by-law shall be effective on the date that it is passed.
By-law passed in open session this 20th day of March, 2017. i
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ianos Mayor
'n a rreentre unicipal Clerk
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