HomeMy WebLinkAboutHeritage Conservation District North End Bylaw Feb 19.2008
Heritage Conservation District By-law
North End Sydney
Approved by CBRM Council February 19, 2008
TABLE OF CONTENTS
A) BOUNDARIES................................................................................ 3
B) HERITAGE PROVISIONS............................................................ 4
C) APPLICATION PROCEDURE ..................................................... 5
D) CERTIFICATE OF APPROPRIATENESS .................................. 6
E) DEMOLITION OF A MAIN BUILDING .................................... 8
F) AD MINISTRA TI ON....................................................................... 9
G) APPEAL PROCESS........................................................................l 0
APPENDIX A: ARCHITECTURAL DESIGN STANDARDS .............11
PART A: NEW BUILDING CONSTRUCTION ...................................11
PART B: ALTERATIONS OR ADDITIONS TO EXISTING
BUILDINGS (which are visible from an abutting street) .......................15
APPENDIX B: DEFINITIONS............................................................ .17
APPENDIX C: TYPICAL NORTH END SYDNEY EXAMPLES OF
ARCHITECTURAL STYLES, DOORS, WINDOWS & DORMERS ...20
SCHEDULE A: MAP OF NORTH END SYDNEY HERITAGE
CONSERV A TI ON D ISTRI CT............................................................... .25
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A) BOUNDARIES
The Heritage Conservation District boundaries are those boundaries indicated on
Schedule A of the Heritage Conservation District By-law. This By-law affects main
buildings and accessory stmctures located within the boundaries of the Heritage
Conservation District.
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B) HERITAGE PROVISIONS
(I) Development in a Heritage Conservation District shall be subject to the provisions
of the Heritage Conservation District By-law including applicable architectural
design standards.
(2) The architectural design standards in Appendix A shall form part of the Heritage
Conservation District By-law.
(3) The definitions in Appendix B shall form part of the Heritage Conservation
District Bylaw.
(4) The Heritage Conservation District By-law shall be administered by the Heritage
Officer.
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C) APPLICATION PROCEDURE
1. An application shall be made to the Heritage Officer for all developments in the
Heritage Conservation District that require a Certificate of Appropriateness. All
applications for development permits, building permits, renovation/repair permits and
demolition permits shall be referred by the Development Officer, Building Inspector, or
other staff, as appropriate, to the Heritage Officer to determine if a certificate of
appropriateness is required. If the Heritage Officer determines that a certificate of
appropriateness is required, no development permit, building permit, renovation/repair
permit, or demolition permit shall be issued until a certificate of appropriateness has been
approved.
2. The following may be required by the Heritage Officer for an application for a
Certificate of Appropriateness:
a)Architectural plans, elevations, other sketches and/or photographs as may be
required, to be drawn to scale and clearly indicating the architectural style and
design elements of the proposed development;
b )The location and style of existing or proposed accessory buildings including
elevations and other sketches as required;
c)Any other information the Heritage Officer may require to adequately assess the
appropriateness of the development proposal.
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D) CERTIFICATE OF APPROPRIATENESS
1. A Certificate of Appropriateness shall be required for certain developments, as
specified in (2.) below.
2. The following developments shall require a Certificate of Appropriateness:
a) Constmction of new main buildings;
b) Constmction of new accessory buildings (regardless of size), if such buildings
are visible from an abutting street;
c) Demolition or removal of main buildings;
d) Additions to existing buildings which are visible from an abutting street; and
e) Substantial alterations to an existing building which are visible from an
abutting street excluding the exceptions in Subsection 7 of this Section but
including:
I. Building form with respect to orientation, proportion, and height;
2. Roof shape with respect to style, pitch and the addition or removal of roof
elements such as towers and chimneys;
3. Windows with respect to size, style, placement, orientation and materials;
4. Doors with respect to size, style, placement, materials, and the addition of
sidelights and transoms;
5. Cladding with respect to style, materials, placement, and orientation;
6. Trim with respect to style, materials, placement, and the removal or
addition of same;
7. Stairs, porches, decks, verandahs and porticos with respect to style,
materials, and the removal or addition of all or part of the stmcture;
8. Dormers with respect to style, size, placement, and glazing;
9. Installation of a new foundation under an existing building.
3. A Certificate of Appropriateness shall be issued by the Heritage Officer if the
development proposal meets applicable requirements under this By-law, except in the
case of the demolition or removal of a main building where the application must be
referred to Council in accordance with Section E.
4.A Celiificate of Appropriateness may be granted with conditions and may include
conditions with respect to:
a) The graphic representation of a proposed building or stmcture;
b) The repair, after work is completed, of any damage caused to a building or
stmcture by work carried out upon it;
c) The filing with the Heritage Officer of acceptable photographic or other
documentation of a building or stmcture before demolition or restoration,
rehabilitation or alteration;
5. The design standards in Appendix A of this bylaw are intended to assist the Heritage
Officer to determine whether a development meets the requirements of (3) above and
should be granted a Certificate of Appropriateness. CBRM may obtain its own
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professional architectural or historical advice if deemed necessary to assist in determining
if a certificate of appropriateness should be issued.
6. Developments that do not require a Celiificate of Appropriateness shall be subject to
all applicable provisions under the Land Use By-law and the Building Bylaw.
7. No certificate of appropriateness shall be required for:
. The demolition of a building built in 1940 or later;
. The demolition of an accessory building;
. Work proposed to be carried out on a property registered by the Province of Nova
Scotia as a provincial heritage property;
. Satellite receiving dishes that are less than. 5 m. in diameter, utility entrances,
solar collectors, skylights, landscaping. driveways, fences and walkways;
. Repairs to existing foundations, providing that the elevation of the foundation is
not being changed significantly;
. Roof replacement or repair, providing that the pitch or slope of the roof is not
being altered;
. Renovations to the interior of any building;
. Colour changes of any kind.
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E) DEMOLITION OF A MAIN BUILDING
I. An application of a certificate of appropriateness for the demolition or removal of a
main building erected prior to 1940 shall be referred by the Heritage Officer to
Council. Council shall hold a public hearing before a Certificate of Appropriateness
is approved for the demolition or removal of a main building. All other applications
for a certificate of appropriateness shall be decided upon by the Heritage Officer
without a public hearing or referral to Council.
2. Where Council is being requested to approve the demolition or removal of a main
building, Council shall follow the policies and procedures outlined in the North End
Sydney Heritage Conservation District Plan.
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F) ADMINISTRATION
1. All Certificates of Appropriateness shall be issued by the Heritage Officer.
2. Council may designate an alternate to assume the role of Heritage Officer.
3. A Certificate of Appropriateness shall be issued by the Heritage Officer where the
development proposal meets all applicable provisions of the Heritage Conservation
District By-law or, in the case of an application to demolish or remove a main
building, an application has been approved by Council following a public hearing.
4. Within 15 days of receiving the initial application the Heritage Officer shall inform
the applicant whether or not the application is complete. Once in receipt of a
completed application the Heritage Officer shall either issue a certificate of
appropriateness within 30 days or shall refuse the application. If the application is
refused, the Heritage Officer shall provide written reasons for the refusal to the
Applicant. If no decision is made within 30 days of receipt of a completed
application, the application is deemed to have not required a certificate. The
provisions of this Section shall not apply to a certificate requiring Council approval.
5. The issuance of a Certificate of Appropriateness shall be in force for a period of one
year from the date of issuance. If the development to which the Certificate applies
has not commenced within that period of time the Certificate shall expire.
6. Nothing in this bylaw shall exempt any development from the requirements contained
within the Land Use Bylaw or the Building Bylaw.
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G) APPEAL PROCESS
A decision made by the Heritage Officer or Council may be appealed to the Nova Scotia
Utility and Review Board subject to the provisions of the Heritage Property Act and any
regulations thereto.
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APPENDIX A: ARCHITECTURAL DESIGN STANDARDS
PART A: NEW BUILDING CONSTRUCTION
New main buildings constmcted in a Heritage Conservation District shall be subject to
the design standards in this Part. To assist in the interpretation of these standards, the
Heritage Officer shall have regard to the definitions in Appendix B of this Part, to the
photographs of existing buildings in the North End of Sydney in Appendix C of this Part,
and to any other relevant photographic documentation that may be available.
New accessory buildings shall be subject only to Section 4 of this Part.
Design Standards
1. Architectural Style
New buildings shall be designed so as to generally reflect one of the traditional
architectural styles found in the North End of Sydney. While new buildings are not
expected to be replicas of traditional architecture they must, at a minimum, be designed
with a traditional form and maintain certain elements of facade design.
Acceptable building forms and required facade design features are outlined in the
following design standards:
2. Physical Form (Basic Building Mass)
New buildings shall be designed and constmcted generally based on one of the following
traditional building forms:
a) I Y2 or 2 Y2 Storey constmction
Medium or steep pitch gable roof
b) I Y2 Storey constmction
Steep-pitched roof with dormers
c) 2 to 2Y2 Storey constmction of irregular massing
Steep-pitched roof with dormers and possibly a corner tower
d) 2 to 2 Y2 Storey square construction
Steep pitched hip roof with dormers
e) 2 to 2 Y2 Storey constmction
Low pitched hip roof
Double 2-storey square front bays
A certificate of appropriateness may be issued for a new building that does not conform
with any of the building forms listed above (a. to e.) providing that the applicant can
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demonstrate that the proposed building form is based on a building built before 1940 that
is already found in the District, or, based on photographic evidence, did exist in the
District prior to 1940.
Within some blocks in the Heritage Conservation District, new main buildings will be
required to be two and one half storeys in height so as to ensure consistency with existing
streetscapes. These areas are identified in Schedule A.
3. Fa.;ade Design (applicable to those portions of new building visible from an
abutting street)
(1) Windows:
Windows must of a traditional design (1/ I, 2/2, 6/6, 9/9), be vertically oriented with a
minimum width to height ratio of I: 1.5 and a minimum size of I square metre
(measured inside the frame), except:
. Round-headed windows and smaller ornamental windows are permitted provided
they are reasonable replicas of a traditional design already found within the North
End of Sydney
. Bay windows and Palladian windows are permitted provided they are of a
traditional design
Although use of wooden window frames and sashes is encouraged, vinyl materials
are acceptable.
Two windows may be installed adjacent to each other.
The above provisions respecting windows shall not apply to windows situated
entirely within a foundation wall, unless the windows are egress windows as defined
in the Building Code Act.
(2) Doors:
. Front doors shall be a basic traditional design, and mayor may not have a transom
and sidelights. Insulated steel doors shall be permitted provided they are of a
traditional design. Storm doors shall be permitted.
. Double patio doors (non-sliding) are permitted provided they are at the rear or
side of the building. Sliding patio doors are permitted only at the rear of the
building.
(3) Cladding:
. While traditional wooden clapboard and wood shingles are highly recommended,
synthetic siding that resembles clapboard shall be permitted provided it has a
narrow overlap of no greater than 12 centimetres and is adequately trimmed (see
trim standards).
. Cladding shall be horizontally aligned.
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. Brick, metal siding, imitation brick and cultured stone shall not be permitted
(4) Trim:
All windows and doors shall have a minimum 12 centimetre plain wooden trim (a
synthetic material designed to replicate wood may be used) More decorative trims are
also acceptable. Wooden frieze board and corner board trim is also encouraged,
although synthetic materials designed to look like wood are acceptable. Corner
boards are required, and must be a minimum of 12 centimetres in width on each side.
(5) Dormers
Dormers are permitted, but large shed dormers that are wider than thirty percent
(30%) of the width of the fa<;:ade shall not be permitted on the roof slope facing a
street on which the new building fronts.
(7) Decorative Shutters
If shutters are to be used they shall be constmcted of wood or of a synthetic material
designed to replicate wood. Shutters shall be shaped to properly fit the window and
be of a panelled or louvered style.
(8) Chimneys
Exposed stove-pipe chimneys shall not be permitted and must be enclosed by brick or
imitation brick.
(9) Stairs, Verandas, Porticos, Decks and Wheelchair ramps
. Stairs, verandahs, porticos, decks, staircases and wheelchair ramps shall be, at a
minimum, constmcted with an upper and lower railing and vertical balusters.
Posts shall be capped. Constmction materials shall preferably be of wood but
synthetic materials designed to replicate wood are acceptable.
. Lattice screening may be used if recessed and framed at the edges.
. In no case shall a new exterior staircase be provided at the front of a building to
access the stmcture's second or third storey.
. Columns must provide detailing consistent with the style of the building.
(10) Foundations
New foundations shall be designed so as to minimize the amount of concrete visible
by either extending the cladding lower to cover the exposed foundation wall, or
through the use of materials such as brick, stone or imitation stone.
4. Accessory Buildings, Garages and Utility Structures
POliable, metal storage sheds and baby-barn style sheds shall be permitted where they
are not clearly visible from the street, otherwise;
. Cladding of accessory buildings shall be consistent with the main building;
. Attached garages shall not be permitted if visible from an abutting street;
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. Fuel oil tanks and garbage dumpsters shall not be permitted in any yard abutting a
street.
5. Exterior Lighting Fixtures
Exterior lighting fixtures directly attached to the building that are visible from the street
shall be consistent with the style of the building.
6. Height
A maximum height of a main building shall be no greater than 2 1/2 storeys or 8 metres,
not including towers, turrets, chimneys or other peaks.
10.Exception to design standards
If an existing building in the District has been destroyed by fire or another catastrophic
event, and the building in question was not, at the date of adoption of this Bylaw, the
height required by this Bylaw for new buildings (for example, it was a one storey
building in an area where new buildings are required to be two storeys in height)a new
building may be built on the site without having to comply with the height requirements.
The other requirements of this Part shall still apply.
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PART B: ALTERATIONS OR ADDITIONS TO EXISTING
BUILDINGS (which are visible from an abutting street)
All existing main buildings in the District can be categorized in one of the four following
groups.
Tvpe A Buildings erected prior to 1940 which have not been substantially
changed since originally constructed.
Alterations or additions to Type A buildings shall be generally consistent with the
existing stmcture in terms of architectural style, roof pitch, window and door design,
trim and any other design elements.
The design standards for new buildings in Part A shall be used to evaluate an
application where applicable.
The Standards' and Guidelinesfor the Conservation qfHistoric Places in Canada
may be used to assist the Heritage Officer in determining whether or not proposed
alterations or additions are generally consistent with the existing stmcture.
Tvpe B Buildings erected prior to 1940 that have undergone substantial
alterations since original construction.
In cases where buildings have undergone substantial alterations since the time of
original constmction, alterations intended to restore or partially restore the stmcture
to its original appearance shall be encouraged; in such cases documentation on the
building's original appearance may be required prior to issuance of a certificate of
appropriateness.
The design standards in Part A shall be used where applicable to evaluate an
application for a certificate of appropriateness for alterations or additions. Alterations
and additions to these buildings shall not fi.lliher detract from the building's original
character and shall not increase the degree of inconsistency with the design standards
in Part A.
The Standards and Guidelinesfor the Conservation qf Historic Places in Canada
may be used to assist the Heritage Officer in determining whether or not proposed
alterations or additions to Type B buildings fi.lrther detract from the building's
original character and should not be permitted.
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Type C Buildings constructed in 1940 or later
In the case of buildings erected in 1940 or later, additions shall be generally
consistent in architectural style with the original stmcture. The design standards in
Part A shall not be used, except those relating to chimneys, accessory buildings,
garages, utility structures, foundations, patio doors and maximum height.
Type D 112 Charlotte Street
This building was originally constmcted in the 193 Os of red clay brick. The design
standards in Pali A shall not apply when evaluating proposed alterations to this
stmcture, given that these standards were developed for the older wooden buildings
that predominate in the North End of Sydney. However, retention of the brick fa<;:ade
shall be required in any alterations, and any additions must be consistent with the
style of the original building.
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APPENDIX B: DEFINITIONS
Baluster - means a turned or rectangular upright supporting a stair rail.
Ban!eboard - means decorated board on a gable edge or eaves line.
Bay Window - means a set of three similar windows which are located within a section
of a building that protmdes from the wall of the building, the centre window being
generally parallel with the main wall of the building and the two side windows being
angled away from the centre window. Picture windows and bow windows are not
considered to be bay windows for the purpose of this Bylaw.
Bow window - means a window that is constmcted and installed as one unit and which
protmdes from the wall of a building. A bow window is wider than its height.
Brackets - means angular supports at eaves, doors, windows or overhangs.
Casement - means windows having side-hinged sashes.
Column - means a pillar made up of three parts being the capital, shaft and base.
Conservation - means the protection and management of valued resources.
Corner Boards - means boards placed at the corners of exterior walls for neatness and
protection.
Cornice - means projection crowning a building.
Details - means the small decorative parts which make up the elements of the overall
building mass.
Dormer - means a window projecting from the slope of a roof.
Eaves - means horizontal edges of a roof extending beyond the wall.
Elements - mean the components of a buildings mass that broadly identify its
architectural style such as entry type, windows, roof, etc.
Facade - means the face of a building.
Finial - means the pointed ornament at the apex of a gable, pediment, or roof edge.
Gable - means the triangular upper part of a wall at the end of a ridged roof; triangular
hood over a window or door; triangular break in an eaves line.
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Gin2erbread - means decorative wooden trim surrounding windows, doors, eaves,
porches, etc.
Hood - means a protective and sometimes decorative cover that is found over windows
and doors.
Hip Roof - means a roof sloped on all four sides.
Label - means door or window molding extending part way down the sides of the
openll1g.
Main Buildin2 - refer to the definition in the applicable land use bylaw
Mansard Roof - means variation of hip roof with a steep lower slope (may be curved)
and a flatter upper section.
Massin2 - means the basic form or method of organizing the shape of a building that is
characteristic of its architectural style and is made up of elements with details.
Palladian - means an arch-headed window flanked by narrower, shorter square-headed
windows.
Pediment - means triangular shape ornamenting a door or window; front or gable end of
a building.
Picture Window - means a window containing an undivided sheet of glass which is
wider than its height. A picture window is generally larger than other windows and may
include a bow window but shall not include a traditional bay window.
Portico - means a covered entrance supported by columns or pillars.
Restoration - means returning a building to its original appearance or condition.
Sideli2ht - means glazed window panels adjacent to a door.
Storey - refer to the definition in the applicable land use bylaw
Surround - means trim outside a door or window stmctural opening.
Transom - means horizontal bar between the top of a window or door and the structural
opening; the section above is a transom light or panel.
Verandah - means a covered porch or balcony extending fi.Jlly across the facade.
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Visual Balance - means equilibrium in the arrangement of the parts or elements of a
building elevation or of a sequence of building elevations, including windows, doors,
bays or porches, in relation to each other about a dividing line or centre.
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APPENDIX C: TYPICAL NORTH END SYDNEY EXAMPLES OF
ARCHITECTURAL STYLES, DOORS, WINDOWS AND DORMERS
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SCHEDULE A: MAP OF NORTH END SYDNEY HERITAGE
CONSERVATION DISTRICT
02040 80
I I I I I I I
Meters
NORTH END of SYDNEY
HERITAGE CONSERVATION
DISTRICT BY-LAW
1[-=-]1 Heritage Conservation District
Properties where new buildings must
be two and one-half storeys in height
Cape Breton Regional Municipality
Planning Department
December 13,2007
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O:IMAPSINorth_End_ Sydney\8.5x11lDec 13_2007 _North_End_Heritage _By-law8 .5x11
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