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Report
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Report To: Planning and Development Committee
Date of Meeting: March 13, 2017
Report Number: PSD-020-17 Resolution Number:
File Number: PLN 34.4.12 By-law Number:
Report Subject: Regulations Regarding Designated Heritage Properties, Property
Standards By-law Amendment
Recommendations:
1. That Report PSD-020-17 be received;
2. That the Property Standards By-law, By-law 2007-070 be amended as outlined in
Appendix A of this report;
3. That all interested parties listed in Report PSD-020-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-020-17 Page 2
Report Overview
In 2005 the Ontario Heritage Act was amended to permit municipalities to prescribe additional
minimum standards in property standards by-laws for the maintenance of heritage properties.
The maintenance of heritage attributes on properties designated under Parts IV and V of the
Ontario Heritage Act is not specifically addressed in Clarington’s Property Standards By-Law
2007-070. Staff and the Clarington Heritage Committee recommend amending the Property
Standards By-law 2007-070 to include provisions specific to properties designated under the
Ontario Heritage Act.
1. Policy Problem: How to Protect Heritage Properties from
Neglect
Municipalities have the authority under the Ontario Heritage Act to identify and designate
properties of cultural and heritage value. Within Clarington a detailed review is
undertaken by staff and the Clarington Heritage Committee when identifying and
designating properties. These properties represent Clarington’s social, economic and
cultural history, and help to define local, provincial and national identities in immediate,
tangible form. When a municipality identifies a heritage property and takes the steps to
designate it, it is essential that there are appropriate measures in place to protect the
resource from various forms of disregard.
Many municipalities have experienced demolition by neglect of heritage resources.
Demolition by neglect can take many forms and occur for different reasons. Combating
this can be difficult. A property standards by-law that addresses heritage resources is an
important tool to address this issue. Treating heritage resources in the same manner as
a non-heritage resource could be detrimental to the heritage features of those buildings.
Section 3 of this report outlines the legislative framework under which property standards
by-laws can be passed and be used by municipalities to protect heritage properties from
demolition by neglect.
2. Current Policy Approach: Property Standards By-law 2007-070
Clarington’s current property standards by-law was enacted in 2007. This by-law, like
many in Ontario, only uses the provisions of the Ontario Building Code Act. The by-law
addresses property standards and maintenance issues, but treats all properties within
Clarington in the same manner. There is no distinction between heritage and non-
heritage properties.
The by-law references the Ontario Building Code when providing justification for the
provisions of the by-law. Section 3 of this report outlines two pieces of legislation under
which property standards by-laws can be approved. Elements of each Act help form a
property standards by-law to address heritage resources.
Municipality of Clarington
Report PSD-020-17 Page 3
3. Legislative Framework
Both the Building Code Act and the Ontario Heritage Act can be used to establish
property standards by-laws. Implementing provisions from both Acts allows for the best
protection of heritage properties.
3.1 Ontario Building Code Act
Section 15.1 of the Building Code Act allows municipalities to pass by-laws prescribing
minimum standards for maintenance and occupancy of properties. The standards, which
cover a number of property issues, ensure property owners are responsible for the
maintenance of their properties and respectful of surrounding property owners.
Wording within the Building Code Act can be harmful to the protection of heritage
properties. Section 15(3)(2) requires that “property that does not conform to the
standards to be repaired and maintained to conform to the standards or the site to be
cleared of all buildings, structures, debris or refuse and left in a graded and levelled
condition.” The reference to clearing all buildings creates problems for municipalities
when dealing with heritage buildings by “requiring” demolition or providing the option to
demolish heritage buildings.
As well, the Building Code Act does not provide the opportunity to treat properties
differently based on recognized and listed property elements, which are part of a heritage
designation. The Building Code wording does not allow municipalities to specify methods
of repair, or materials required when making repairs to specific elements of a building for
heritage purposes.
3.2 Ontario Heritage Act
Using the provisions permitted in the Ontario Heritage Act with the wording of the Building
Code Act can address these two problems that arise if solely relying on the language and
provisions of the Building Code Act.
Specifically, the Ontario Heritage Act was amended in 2005 to allow municipalities (at
Section 35 and 45.1) to identify heritage specific provisions within their property
standards by-laws. The provisions differ from the Building Code Act permissions as they
focus on the preservation and maintenance of the identified heritage resource attributes
and not solely on the repair and maintenance of any property.
The heritage specific provisions for designated properties allows for character defining
elements that are within the designating by-law or within the conservation district
guidelines to be addressed in specific ways. Elements of heritage buildings tend to be
older and require specific treatments to maintain or repair them. These elements can
include a number of things such as windows, stained glass, architectural features,
woodwork, façade or roof styles.
The heritage specific provisions can also include separate standards for dealing with
vacant properties. Typically vacant properties would be required to have services shut off
Municipality of Clarington
Report PSD-020-17 Page 4
and in many cases left exposed to the elements. This treatment, of course, can have
significant negative effects on heritage resources. There are standards for enclosing
heritage buildings and in some cases services should be left connected.
4. Proposed Policy Approach
The Clarington Heritage Committee have reviewed the inclusion of heritage provisions
within the property standards by-laws. The Committee has been involved with a number
of projects in recent years involving vacant heritage buildings or buildings with heritage
value, such as buildings affected by the construction of the 407 and Camp 30. These
and other projects highlighted the need for property standards for heritage resources and
buildings.
The Committee identified and reviewed a number of property standard by-laws from
Ontario municipalities that contain heritage specific provisions. Staff then developed a
draft, discussed it with the Committee and in turn incorporated the comments to create
the by-law in Attachment 1.
5. Concurrence
This report has been reviewed by Anne Greentree, Municipal Clerk, and Andrew Allison,
Municipal Solicitor, whom concur with the recommendations.
6. Conclusion
Staff and the Clarington Heritage Committee are recommending Property Standards By-
law 2007-070 be amended to include heritage specific provisions (minimum standards).
The heritage specific provisions, permitted under the Ontario Heritage Act, will help
Clarington address the protection of heritage resources by requiring the upkeep and
maintenance of heritage properties.
7. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD-020-17 Page 5
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Brandon Weiler, Planner II, 905-623-3379 ext. 2424 or
bweiler@clarington.net
Attachments:
Attachment 1 – Proposed Amendments to Property Standards By-law 2007-070
BW/FL/df
I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 34.0 Heritage (All Files)\PLN 34.4.12 Property Standards By-law\PSD-020-17.docx
Attachment 1 to
Municipality of Clarington Report PSD-020-17
The Corporation of the Municipality of Clarington
By-law Number 2017 - _____
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:
1. Property Standards By-law 2007-070 is amended by deleting section 1.13
(definition of “Designated Heritage Building”).
2. Property Standards By-law 2007-070 is amended by renumbering Sections 4.14
and 4.15 to 4.24 and 4.25.
3. Property Standards By-law 2007-070 is amended by deleting Sections 4.12 and
4.13 (DESIGNATED HERITAGE BUILDINGS) and substituting the following
therefor:
DESIGNATED HERITAGE BUILDINGS
Definitions
4.12 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.
General
4.13 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.
4.14 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.
4.15 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
4.16 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.
4.17 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
4.18 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.
4.19 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.
4.20 Prior to replacing any heritage attribute, the owner of the heritage property
shall consult with the Municipality’s Heritage Committee.
4.21 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
4.22 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.
4.23 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.
(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.
(j) 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.
(l) 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.
4. This by-law shall be effective on the date that it is passed.
By-law passed in open session this ____ day of March 2017.
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk