HomeMy WebLinkAboutCSD-11-003 - Revised Heritage Permit Application Submission RequirementsREPORT TO:Heritage Kitchener
DATE OF MEETING:
January 11, 2011
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY:
Michelle Wade, Heritage Planner, (519) 741-2839
WARD(S) INVOLVED: N/A
DATE OF REPORT: December 21, 2010
REPORT NO.:
CS-11-003
SUBJECT:
Revised Heritage Permit Application Submission
Requirements and Application Form & Adoption of the
Standards and Guidelines for the Conservation of Historic
Places in Canada
RECOMMENDATION:
That the Heritage Permit Application Submission Requirements and Application Form
attached as Appendix ‘A’ to Community Services Department Report CC-10-003 be
endorsed for use in the processing of Heritage Permit Applications made under the
Ontario Heritage Act; and further,
That the
“Parks Canada Standards and Guidelines for the Conservation of Historic
be adopted and applied in the review and consideration of Heritage
Places in Canada,”
Permit Applications.
BACKGROUND:
The alteration, erection and/or demolition to property designated under Parts IV and V of the
Ontario Heritage Act requires the submission and approval of a Heritage Permit Application.
Sections 33(2) and 42(2.2) of the Ontario Heritage Act provide the authority for Council to
require a detailed plan and other information as may be required. The City created a Heritage
Permit Application Form in 1994 and Heritage Permit Application submission requirements
shortly thereafter. The submission requirements serve to outline the information required by City
staff to process a Heritage Permit Application. The current submission requirements and
Heritage Permit Application form are out of date. In the interest of providing greater clarity to
designated property owners and aligning the application form with changes made to the Ontario
Heritage Act, City staff recommend that revisions be made to the Heritage Permit Application
submission requirements and application form.
REPORT:
The purpose of this report is to revise the Heritage Permit Application submission requirements
and application form. The proposed revisions will provide greater clarity for applicants, Heritage
Planning staff, Heritage Kitchener, and Council.
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Heritage Permit Application Submission Requirements
The proposed revisions to the submission requirements include: clarifying the role and
requirement for a Heritage Permit Application; elaborating on the information that is required to
support a Heritage Permit Application; providing a schedule for Heritage Permit Application
submission deadlines and Heritage Kitchener Committee meetings; describing the Heritage
Permit Application process; and, clarifying the role and use of heritage designating by-laws,
guidelines and principles in the review and consideration of Heritage Permit Applications.
Demonstrating how work proposed to be undertaken to a designated heritage property (e.g.
alteration, new construction, demolition) is consistent with designating by-laws, heritage
conservation district plans, and the Parks Canada Standards and Guidelines for the
Conservation of Historic Places in Canada, is a new and important update to the Heritage
Permit Application submission requirements.
In 1999, the Government of Canada began a Pan-Canadian partnership with all provinces and
territories of Canada to promote, support and further the conservation of cultural heritage
resources. The result was the Historic Places Initiative, which aims to engage and support
municipalities in heritage conservation programs and activities. One particular area of support
was the establishment of the Parks Canada Standards and Guidelines for the Conservation of
Historic Places in Canada. The “Standards and Guidelines” provide a clear and consistent
methodology for conserving cultural heritage resources, and describe internationally accepted
standards for all types of projects with a series of ‘recommended’ and ‘not recommended’
approaches. Federal, Provincial, Territorial and Municipal governments across Canada,
including several cities within Ontario including Brampton, Cambridge, Kingston, Markham, and
Toronto have adopted the use of the “Standards and Guidelines” in identifying appropriate
heritage conservation practice and reviewing Heritage Permit Applications. Heritage Planning
staff believe that the adoption of the “Standards and Guidelines” will assist in outlining clear and
appropriate options for conservation work, and will help to provide a consistent and transparent
decision-making process for applicants.
Heritage Permit Application Form
The proposed revisions to the Application Form include: removing the builder/contractor name
and contact information section; elaborating on the content requirements for the written
description section; adding a section that requires the applicant to describe how the work has
considered the submission requirements; updating the acknowledgement section; adding a
section that requires the owner to authorize an agent to act on their behalf; and, updating the
collection of personal information section. The builder/contractor name and contact information
is being removed because the information is often not available and the information is not
required to process an application.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Plan Foundation - Efficient and Effective Government
The proposed revisions to the Heritage Permit Application submission requirements and
Efficient and Effective Government
application form relate to the Plan Foundation of the City
of Kitchener Strategic Plan. The proposed revisions will provide clarity and ensure a consistent
and transparent Heritage Permit Application process through improved communication and
customer service.
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Community Priority - Development
The proposed revisions to the Heritage Permit Application submission requirements and
application form relate to the Development Community Priority of the City of Kitchener Strategic
Plan. The proposed revisions will assist to ensure that cultural heritage resources are conserved
in the review of Heritage Permit Applications.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
Members of the community will be consulted via circulation of the report to and consideration by
the City’s Municipal Heritage Committee (Heritage Kitchener), who will forward their
recommendations to City Council for formal consideration.
ACKNOWLEDGED BY: Jeff Wilmer, Deputy CAO
Community Services Department
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HERITAGE PERMIT APPLICATION
SUBMISSION REQUIREMENTS
City of Kitchener
Community Services Department
200 King Street West
Kitchener, Ontario N2G 4G7
(519) 741-2426
The following requirements are designed to assist applicants in submitting sufficient information so
their Heritage Permit Application may be deemed complete and processed as quickly and
efficiently as possible. If further assistance or explanation is required, please contact Michelle
Wade, Heritage Planner at (519) 741-2839 or at michelle.wade@kitchener.ca.
What is a Heritage Permit Application?
The Province of Ontario, through the Ontario Heritage Act, has enacted legislation to assist its
citizens with the protection and conservation of cultural heritage resources.
Once properties are designated under the Ontario Heritage Act, the City is enabled to manage
physical change to the cultural heritage resources as a means of protection. The principal
mechanism of management is the Heritage Permit Application process, which allows the
municipality to review site-specific applications and determine if proposed changes will beneficially
or detrimentally affect the reasons for designation and heritage attributes.
As a general rule, the preferred alterations to heritage properties are those that repair rather than
replace original heritage attributes, and those that do not permanently damage cultural heritage
resources and their heritage attributes. Where replacement of materials or new construction is
necessary, these should be compatible with the original. Reversibility is also preferable as this
allows for the future reinstatement of heritage attributes.
According to the Ontario Heritage Act, no owner of designated property shall alter the property or
permit the alteration of the property if the alteration is likely to affect the property’s heritage
attributes, unless the owner applies to the council of the municipality and receives written consent.
This consent is obtained through the approval of a Heritage Permit Application.
Heritage Permit Applications are applicable for all individually designated properties (under Part IV
of the Ontario Heritage Act) and all properties located within the boundaries of Heritage
Conservation Districts (under Part V of the Ontario Heritage Act).
When is a Heritage Permit Application Required?
Under the Ontario Heritage Act, R.S.O. 1990, any new construction or “alteration” to a property
designated under Part IV of the Act (individually designated property) or a property designated
under Part V of the Act (Heritage Conservation District) requires a Heritage Permit Application.
“Alteration” is defined as: “to change in any manner and includes to restore, renovate, repair or
disturb.” In addition, the approval of a Heritage Permit Application is required for any demolition of
a property designated under Part IV or V of the Act.
Please contact Heritage Planning Staff directly to confirm if your specific project requires
the approval of a Heritage Permit Application.
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Below are some examples of typical Part IV alterations that may require a Heritage Permit
Application.
• Addition and/or alteration to an existing building or accessory building
• Replacement of windows or doors, or a change in window or door openings
• Change in siding, soffit, facia or roofing material
• Removal and/or installation of porches, verandahs and canopies
• Removal and/or installation of cladding and chimneys
• Removal and/or installation of decks, fences, gates, trellises, arbours and gazebos
• Change in trim, cladding, door or window colour(s) or painting of masonry
• Repointing of brick
Note:
Heritage Permit Application requirements differ between Part V designations depending on
the policies and guidelines of the respective Heritage Conservation District Plan. Please refer to
the City of Kitchener’s website at www.kitchener.ca to download a copy of the relevant Heritage
Conservation District Plan (Civic Centre, St. Mary’s, Upper Doon, and Victoria Park).
What Information is Required with a Heritage Permit Application?
The information required varies with each application. The intent of the application is to ensure that
Heritage Planning staff, and where required the Heritage Kitchener Committee, understand the
specific details of any proposed changes in order to be sufficiently informed so they can offer
advice to the applicant, and where required to City Council. An incomplete application cannot be
processed and the official notice of receipt (as required under the Ontario Heritage Act) will not be
issued until all of the documents have been submitted. Failure to provide a complete application
may result in deferral by Heritage Planning staff or the Heritage Kitchener Committee in order to
secure additional information, which will delay final approval.At a minimum the following
information is required:
Heritage Permit Application Form
The applicant must provide a complete original copy, including signature of the owner, of the
Heritage Permit Application Form.
Written Description
The applicant must provide a complete written description of all proposed work. The description
should complement drawings, detailed construction plans, photos and any other sketches or
supporting information submitted with the application. The written description must include a list of
all proposed work and the details of all proposed work including, but not limited to, proposed
colours, materials, sizes, etc.
Construction and Elevation Drawings
but not in
Along with construction elevation drawings (all drawn to scale), the applicant may also,
lieu of
, submit a sketch of the proposed work made over a photograph.
Drawings must be drawn to scale and include:
1. overall dimensions;
2. site plan depicting the location of existing buildings and the location of any proposed new
building or addition to a building;
3. elevation plan for each elevation of the building;
4. specific sizes of building elements of interest (signs, windows, awnings, etc.);
5. detailed information including trim, siding, mouldings, etc., including sizes and profiles;
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6. building materials to be used (must also be included in the written description); and,
7. construction methods and means of attachment (must also be included in the written
description).
Photographs
Photographs of the building including general photos of the property, the streetscape in which the
property is located, the facing streetscape, and, if the property is located at an intersection, all four
corners. Photos of the specific areas that may be affected by the proposed alteration, new
construction, or demolition must be included.
Electronic copies of construction and elevation drawings, sketches, and photographs,
along with hard copies submitted with the application, are encouraged.
Samples
It is recommended that applicants bring samples of the materials to be used to the Heritage
Kitchener meeting when their application is to be considered. This may include a sample of the
brick, siding, roofing material, as well as paint chips to identify proposed paint colours.
Other Required Information
In some circumstances, Heritage Planning staff may require additional information, such as a
Heritage Impact Assessment or Conservation Plan, to support the Heritage Permit Application. The
requirement for additional information will be identified as early on in the Heritage Permit
Application process as possible. Pre-consultation with Heritage Planning staff before formal
submission of a Heritage Permit Application is strongly encouraged.
What can I do if my Heritage Permit application is denied?
The City of Kitchener Heritage Planning staff and the Heritage Kitchener Committee endeavor to
come to solutions for every Heritage Permit Application submitted. Discussions with the applicant
and revisions usually result in successful applications.
However, if the municipality refuses your application and you choose not to resolve the issue with a
revised application, you do have the option of appealing the decision to the Conservation Review
Board (for alterations to designated properties under Part IV) or the Ontario Municipal Board (for
demolition of property designated under Part IV or for any work to designated property under Part
V).
IMPORTANT NOTES
Professional Assistance
Although it is not a requirement to obtain professional assistance in the preparation of this
information, the applicant may wish to seek such assistance from an architect, architectural
technologist, draftsperson or others familiar with the assessment of building types and the
gathering together of building documents.
Building Codes and Other By-laws
It is the applicant’s responsibility to address issues relating to public safety, correct building
practices and all other by-law regulations, including the Zoning By-law.
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HERITAGE PERMIT SUBMISSION & COMMITTEE MEETING SCHEDULE
2011 Heritage Permit Application Submission Deadlines2011 Heritage Kitchener Meeting Dates
December 3, 2010 January 11, 2011
January 7, 2011 February 8, 2011
February 4, 2011 March 8, 2011
March 4, 2011 April 5, 2011
April 1, 2011 May 3, 2011
May 6, 2011 June 7, 2011
-No Meeting
-No Meeting
August 5, 2011 September 6, 2011
September 2, 2011 October 4, 2011
October 7, 2011 November 1, 2011
November 4, 2011 December 6, 2011
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How do I Proceed with Submitting my Heritage Permit Application?
Heritage Planning Staff are available to meet with applicants and review all documentation prior to formal
submission. Often Heritage Planning Staff can assist you with historical and architectural information that
might help with your proposed changes.
Formal submission of Heritage Permit Application with all supporting documentation (written description,
construction drawings, sketch plans, scale drawing, photographs) to Heritage Planning Staff. Applications
are due one month prior to Heritage Kitchener meeting (See schedule for submission deadlines and
committee meeting dates).
Upon confirmation of the submission of a complete application, including the owner’s signature and all
supporting documentation, Heritage Planning Staff will issue a Notice of Receipt, as required by the
Ontario Heritage Act, to the Applicant.
Heritage Planning staff determine whether the Heritage Permit Application can be processed under
delegated approval without the need to go to Heritage Kitchener and/or Council. Where Heritage Permit
Applications can be processed under delegated approval without the need to go to Heritage Kitchener and
Council, Heritage Planning staff will endeavour to process the application within 10 business days.
Where Heritage Permit Applications are required to go to Heritage Kitchener, Heritage Planning Staff
prepare a Staff Report based on good conservation practice and the designating by-law, or, the guidelines
and policies in the Heritage Conservation District Plan. Preparation of the Staff Report may require a site
inspection.
Heritage Kitchener Meeting Agenda, including Staff Report, circulated to Committee members prior to
Heritage Kitchener meeting. Staff Report circulated to applicant prior to meeting.
Heritage Permit Application is considered at Heritage Kitchener meeting. Heritage Planning Staff present
Staff Report and Recommendations to Heritage Kitchener. Applicants are encouraged to attend the
Heritage Kitchener meeting in order to provide clarification and answer questions as required. Failure to
attend the Heritage Kitchener meeting may result in a deferral in order to secure additional information,
which would delay consideration of the Heritage Permit Application. Where the applicant, Heritage
Planning staff, and Heritage Kitchener support the Heritage Permit Application, the application can be
processed under delegated approval and approved by the Coordinator, Cultural Heritage Planning. Where
the applicant, Heritage Planning staff and/or Heritage Kitchener do not support the Heritage Permit
Application, the staff report with recommendation and Heritage Kitchener recommendation will be
forwarded to Council for final decision.
Where the staff report with recommendation and Heritage Kitchener recommendation are forward to
Council for final decision, Council may:
1) Approve the Heritage Permit Application;
2) Approve the Heritage Permit Application on Terms and Conditions; or,
3) Refuse the Heritage Permit Application.
Applicant may within 30 Days of Receiving Notice of Council’s Decision:
Appeal the decision and/or terms and conditions to the Conservation Review Board or Ontario
Municipal Board.
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Specific Requirements for New Construction, Alterations and Additions to Designated
Property
Information presented in the Heritage Permit Application should indicate an understanding of the
reasons for designation and heritage attributes of the designated property and, if applicable, the
surrounding area, including the following:
Setting
1. positioning of the heritage building or structure on the property;
2. lot size related to building size; and,
3. streetscape (relationship to other properties and structures on the street).
Building Details
1. proportion and massing;
2. roof type and shape;
3. materials and detailing;
4. windows and doors:
- style;
- proportions;
- frequency or placement; and,
5. relationship of the heritage building to other buildings on the lot and to the streetscape.
Heritage Attributes
The following applies where a Heritage Permit Application includes work on heritage attributes:
Windows and Doors
The applicant should consider in order of priority:
1. repairing or retrofitting the existing units (information on how to make older windows more
energy efficient is available from Heritage Planning Staff);
2. replacing the units with new units matching the originals in material, design, proportion and
colour; and,
3. replacing the units with new units that are generally in keeping with the original units.
If historic window units are proposed to be replaced, the application should include the following:
description of the condition of the existing units;
reasons for replacing the units; and,
description of the proposed new units.
If approval to replace historic window units is given, the following action should be considered:
a sample of a window removed should be stored on site in case a future owner wishes to
construct a replica of the original;
the masonry opening and/or door framing should not be disturbed; and,
exterior trim should match the original.
Roofing
The application should include:
description of proposed roofing material to be applied; and,
if there is a request to install a different roofing material the applicant may wish to
investigate what the original material might have been.
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Masonry Work
The application should include:
a description of the proposed work, materials (type/style of brick, type of mortar mix, etc.)
and methods of repair and application; and,
outline the reasons for the work.
Signage
The application should include:
a general written description of the proposed signage to be installed;
a scale drawing of the signage with dimensions, materials, methods of construction, colours
and means of attachment (the means of attachment should be arranged to anchor into
joints between historic masonry units or into wood building elements); and,
type of illumination, if applicable.
Awnings
The application should include:
a sketch view of the proposed awning – perhaps over a photo;
a scale drawing of the awning on the building with dimensions, materials, operating
mechanism, method of construction, colours and means of attachment (the means of
attachment should be arranged to anchor into joints between masonry units or perhaps into
wooden building elements); and,
type of illumination, if applicable.
Specific Requirements for Demolition
Information presented in the Heritage Permit Applicationshould describe the existing conditions,
including the existing setting and existing heritage attributes, of the designated property and the
surrounding area, specifically as they relate to the building proposed for demolition. The Heritage
Permit Application should provide a detailed rationale for the demolition, including an assessment
of the current condition of the building, and a cost comparison identifying the difference in cost to
repair and restore the building versus cost to demolish and construct a new building.
Heritage Conservation Principles
The Heritage Permit Application must demonstrate how the proposed work (e.g. alteration, new
construction or demolition) is consistent with the designating by-law for individual properties (Part
IV) or the Heritage Conservation District Plan for properties within a Heritage Conservation District
(Part V). In addition, the Heritage Permit Application must demonstrate how the proposed work is
consistent with the Parks Canada Standards and Guidelines for the Conservation of Historic
Places in Canada.
For more information on Heritage Planning in the City of Kitchener please contact:
Michelle Wade, Heritage Planner, 519-741-2839, michelle.wade@kitchener.ca
or
Leon Bensason, Coordinator, Cultural Heritage Planning, 519-741-2306, leon.bensason@kitchener.ca
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HERITAGE PERMIT APPLICATION FORM
Application No.
City of Kitchener
Community Services Department
________
HPA
Planning Division
200 King Street West
Kitchener, Ontario N2G 4G7
(519) 741-2426
Nature of Application
Exterior Interior Signage
Demolition New Construction Alteration Relocation
Subject Property
Municipal Address:
Legal Description (if known):
Building/Structure Type: Residential Commercial Industrial Institutional
________________________
Heritage Designation: Part IV Part V (HCD)
Is the Subject Property subject to a Heritage Easement or Agreement? Yes No
Property Owner
Name:
Address:
Telephone (Home): Telephone (Work):
Fax:E-Mail:
Agent (if applicable)
Name:
Address:
Telephone (Home): Telephone (Work):
Fax:E-Mail:
Written Description
Please provide a written description of the project proposal including any conservation methods you
plan to use. Provide such detail as materials to be used, measurements, paint colours, decorative
details, whether any original building fabric is to be removed or replaced, etc. Use additional pages
as required. Please refer to the City of Kitchener Heritage Permit Application Submission Guidelines
for further guidance.
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Review of City of Kitchener Heritage Permit Application Submission Guidelines
Describe why it is necessary to undertake the proposed work.
Describe how the proposal is consistent with the Part IV individual designating by-law or the Part V
Heritage Conservation District Plan.
Describe how the proposal is consistent with the Parks Canada Standards and Guidelines for the
Conservation of Historic Places in Canada.
______________________
Expected Start DateExpected Completion Date
::
(Day/Month/Year) (Day/Month/Year)
Have you discussed this work with Heritage Planning Staff?
Yes No
_________________
If yes, who?
Have you discussed this work with the Building Division?
Yes No
_________________
If yes, who?
Have you applied for a Building Permit for this work?
Yes No
_____________
Other Related Applications (Building/Planning):
Application No.
Acknowledgement
The undersigned acknowledges that all of the statements contained in documents filed in support
of this application shall be deemed part of this application. The undersigned acknowledges that
receipt of this application by the City of Kitchener - Planning Division does not guarantee it to be a
‘complete’ application. The undersigned acknowledges that Council of the City of Kitchener shall
determine whether the information submitted forms a complete application. Further review of the
application will be undertaken and the owner or agent may be contacted to provide additional
information and/or resolve any discrepancies or issues with the application as submitted. Once the
application is deemed to be fully complete, the application will be processed and, if necessary,
scheduled for the next available Heritage Kitchener Committee and Council meeting. Submission
of this application constitutes consent for authorized municipal staff to enter upon the subject
property for the purpose of conducting site visits, including photographs, which are necessary for
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the evaluation of this application. The undersigned acknowledges that where an agent has been
identified, the municipality is authorized but not required to contact this person in lieu of the owner
and this person is authorized to act on behalf of the owner for all matters respecting the
application. The undersigned agrees that the proposed work shall be done in accordance with this
application and understands that the approval of this application under the Ontario Heritage Act
shall not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation
including but not limited to the requirements of the Building Code and the Zoning By-law. The
undersigned acknowledges that in the event this application is approved, any departure from the
conditions imposed by the Council of the City of Kitchener or from the plans or specifications
approved by the Council of the City of Kitchener is prohibited and could result in a fine being
imposed or imprisonment as provided for under the Ontario Heritage Act.
___________________________
Signature of Owner/Agent: Date:
___________________________
Signature of Owner/Agent: Date:
Authorization
If this application is being made by an agent/solicitor on behalf of the property owner, the following
authorization must be completed:
___________________________
I / We, _____, owner of the land that is subject of this application,
___________________________
______ to act on my / our behalf in this regard.
hereby authorize
_________________________________
Signature of Owner: Date:
_________________________________
Signature of Owner: Date:
The personal information on this form is collected under the legal authority of Section 33(2),
Section 42(2), and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the
purposes of administering the heritage permit application and ensuring appropriate service of
notice of receipt under Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have
any questions about this collection of personal information, please contact the Manager of
Corporate Records, Legislated Services Division, City of Kitchener (519-741-2769).
INTERNAL USE ONLY:
Application Number:
Application Received:
Application Complete:
Notice of Receipt:
Notice of Decision:
90 Day Expiry Date:
PROCESS:
Heritage Planning Staff
Heritage Kitchener
Council
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