Heritage Revitalization Agreements: Overview

Heritage Conservation: A Community Guide states, “Heritage revitalization agreements are intended to provide a powerful and flexible tool which enable agreements to be specifically written to suit unique properties and situations. They may be used to set out the conditions which apply to a particular property. The terms of the agreement supersede local government zoning regulations, and may vary use, density, and siting regulations.” (source)

The flexibility of the HRA allows for creative solutions that it can be used for unique properties and special situations requiring exceptions and relaxations of existing regulations. As a result, the HRA is a creative process that can be individualized to the specifics of each situation.

Following are some of the ways for which the HRA can be used. (Note: this is not intended to be an exhaustive list; specific application of the HRA is at the discretion of the local government.)

The HRA can be used to:

• Supersede local government regulations by altering existing bylaws, such as:
  • Zoning bylaws
  • Subdivision bylaw
  • Heritage conservation bylaws
  • Development cost levies bylaw
• Vary use, density, lot size, setbacks and other siting regulations
• Vary a permit under Part 14 of the Local Government Act (Planning and Land Use Management)
• Vary a heritage alteration permit;
• Establish and detail the timing of agreement terms
• Set out the level of conservation to be undertaken by the owner
• Include other conditions as negotiated
• Outline the owner’s responsibilities if the property is damaged or destroyed
• Outline the owner’s responsibilities if the HRA is contravened in any way
• Include other terms of conditions agreed to by both parties

Common requests in HRA projects are:

• property subdivision
• extra floor space
• fewer parking spaces
• extra building height

Eligibility

To be eligible for a heritage revitalization agreement, a property must have heritage value according to the local government’s specifications. It is possible, then, the property will already be found on a heritage inventory or register listing, or it will have been designated as a heritage property.

Without prior recognition of heritage value, the property will likely need to be identified and described by a heritage professional (in a Statement of Significance) and approved by the Community Heritage Commission and/or city staff.

In addition to heritage value the property may be assessed according to:

• Neighbourhood context
• Streetscape character
• Existing zoning, especially lot sizes and density
• Balance of public and private benefits
• Level of neighbourhood support

(source)

 

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This guide provides an overview of Heritage Revitalization Agreements through research and commentary. Application of this heritage conservation tool is not prescriptive, as it can be adapted to each situation. Local governments and regional districts wanting to implement the heritage conservation tools should seek legal counsel as required.

SPECIAL NOTE: It is intended this guide will develop through community input. If you have best practices and case studies that would benefit this guide, please contact Heritage BC.