Heritage Conservation Areas: Process
Following is a basic outline of activities that may be undertaken to review and establish a heritage conservation area (HCA).
Every process will be different in length and complexity, and the actions will be influenced by the requirements of each local government and by the expectations from public and property owners. The following is offered as a general concept of the process; when implemented, the process will be lengthy and complex, spanning several years.
- A community identifies a neighbourhood that it believes deserves long-term heritage protection.
For many local governments, the identification of HCAs is community driven to identify a distinctive area that it determines should be managed by long-term heritage protection.
Staff will work with the community to support research and consultation, and the community will be encouraged to assess public support.
A nomination form is submitted to the local government that assesses the heritage value and characteristics; boundaries of the HCA are also proposed.
- Staff assess the merits of the application and determines if the heritage conservation area is the best tool to provide long-term protection. Staff may work with a formal working group that includes community stakeholders, and they may administer a survey of property owners who would be affected by the HCA.
Consultations are held to review recommendations, restrictions and other control mechanisms that may be included in the bylaw. Some of these are imposed by the Local Government Act and others are determined through the review process.
Nominations, survey results, and report are presented to the Council for authorization to proceed with the study phase.
- Following local government consultation with the property owners in the area, it is agreed that a number of historic structures, buildings, and landscape features should be protected by the creation of a heritage conservation area in the community’s official community plan. Non-heritage properties are also listed.
At least ten days before a public hearing is held to discuss the amendment, the local government notifies all owners of property listed on the heritage conservation area schedule. The Local Government Act provides requirements for public consultations. (source)
- Design and maintenance guidelines are developed.
Along with criteria to identify heritage properties, the local government will establish maintenance standards that are, when adopted by bylaw, communicated to property owners. The local government monitors properties subject to the maintenance standards and, if necessary, enforces the standards. A heritage inspection may be ordered to verify that the maintenance standards are being met.
Property owners will be required to submit a heritage alteration permit request to obtain an exemption to the guidelines.
- Consultations continue and a draft policy is prepared for Council consideration. If approved, the Official Community Plan will be amended.
The bylaw describes the special features or characteristics that justify the establishment of the heritage conservation area, the objectives of the heritage conservation area, and guidelines for how the objectives will be achieved. The bylaw also includes a schedule to the official community plan that lists those structures, buildings, and landscape features which are specifically protected by the heritage conservation area.
The bylaw will also identify circumstances for which a heritage alteration permit is not required.
- After the Council adopts the bylaw, notices are issued to the Land Title Office and the minister responsible for the Heritage Conservation Act (the Heritage Branch).
- The policy is implemented and, overtime, reviewed.
If not already determined, an incentives program will be developed.
(City of Victoria, City of New Westminster, source)