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Heritage Conservation - local gov tools - Coggle Diagram
Heritage Conservation -
local gov tools
Designation
regional district & municipal bylaw tax exempted heritage properties
OCP designated "areas"
community heritage register
heritage revitalization agreements
designated by a heritage designation bylaw
Heritage maintenance standards
Areas
p 15
specific buildings, structures, land, or features
alteration permit is required for:
subdivision, construction, or building alteration
LG must inform the owner of the requirements or conditions
under which a permitted use or density
would
be allowed.
Such a listing need not be, and (given that this is an area-focused tool) would not ordinarily be, based on individualized assessments of the heritage merit of properties included in the list: Cummings v. Vancouver (City), 2016 BCSC 1918.
bylaws
p 14
A municipal council or regional board may, after notice
to the owner, all persons having a registered interest in the property, and all occupiers,
the same compensation provisions apply
and after holding a
public hearing
adopt a heritage designation bylaw.
Notice of such bylaws is filed in the land title office.
alteration permit required for work, despite zoning
Agreements
s. 610
why?
can vary bylaws to include terms that
offset the owner’s cost in retaining and restoring a heritage building,
For example, zoning standards could be varied to allow the construction of infill dwelling units on a large estate lot in return for the owner agreeing to retain an existing heritage home and carry out a specified program of repair and restoration.
development rights rather than cash to compensate the owner of a heritage property for the effect of heritage protection on the value of the owner’s land.
how
requires a public hearing if
the agreement is varying the permitted use or density of the property under the zoning bylaw or altering a zoning bylaw in relation to residential rental tenure
then
a notice of all HRAs is filed in the land title office.
Other local gov tools
Tax exemptions
A heritage property exemption automatically extends to taxation under the School Act.
Covenants
Section 219(4)(b) of the Land Title Act
land or a specified amenity on land be protected, preserved, conserved, maintained, enhanced, restored, or kept in its existing state
Assessment Authority is required to take such covenants into account in determining the value of property for taxation purposes.
pros & cons
pro
good as an interim measure
pending the negotiation of a complex HRA.
cons
potential uncertainty as to their long-term effectiveness due to
modification and discharge procedure in s. 35 of the Property Law Act
Standards
p 15
what
bylaw establishing minimum standards for the maintenance of designated heritage properties and properties within designated heritage conservation areas.
like rental residential properties
(under s. 63(f) of the Community Charter).
why
compliance with maintenance standards can help prevent deterioration of heritage buildings and structures,
a bylaw can be enforced through a variety of means, including by having specified maintenance work undertaken by the local government at the owner’s cost if the owner fails to do the work.
Commissions
s. 597
what
designate an existing organization as a community heritage commission.
members are immune from damages claims under s. 738(2) of the Local Government Act, and may be indemnified in respect of such claims under s. 740(2).
subject to the open meeting rule in s. 89 of the Community Charter and are “local public bodies” for the purposes of the Freedom of Information and Protection of Privacy Act.
why
take advantage of the experience and expertise of existing, often long-standing, heritage advocacy organizations when establishing referral and review processes for heritage-related bylaws and permits
Inventories
s 598
what
register established by council or regional board resolution
Listing on a heritage register is not itself a form of protection of the property, but
why
Listing on a local heritage register is not recorded in the land title office, but notice must be given to the owner of the property and the Minister
the listing makes the property eligible for various forms of temporary and permanent protection under Part 15.
temporary protection
Division 3 of Part 15
what
s. 609 requires that any alteration to the property or a building on the property be authorized by a heritage alteration permit, which may under s. 617 be withheld if the proposed work would not be consistent with the purpose of the temporary protection.
. Local governments can even initiate temporary protection of heritage property belonging to the provincial government, by passing a resolution under s. 603 requesting that the Province protect the property.
Temporary protection under that section lasts for 30 days unless the Minister responsible for the Heritage Conservation Act notifies the local government that the temporary protection is over sooner.
how long
Heritage control periods for area-based heritage conservation planning may be declared for up to one year under s. 608, but no more frequently than once every ten years for any particular area. For individual properties, temporary protection orders effective for up to 60 days may be made under s. 606, but not more than once in any two-year period unless the owner agrees
Bylaws authorizing the temporary withholding of development approvals and demolition permits for properties having heritage value may be enacted under ss. 604 and 605
why
explore with the owner the use of one of the tools that affords more long-term protection
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Heritage