HomeMy WebLinkAboutHeritage Conservation District Plan North End Feb 19. 2008
Heritage Conservation District Plan
North End Sydney
Approved by CBRM Council February 19, 2008
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TABLE OF CONTENTS
A) BACKGROUND......................................................................................................4
B) HERITAGE CONSERVATION DISTRICT ......................................................... 6
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C) HERITAGE PROVISIONS AND ADMINISTRATION ........................................ 7
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Policy HCD-4<. < <.......................................................................................................... 7
PoIiG)1 HC~D-5.............................................................................................................. 7
D) ARCHITE CTURAL STANDARDS ....................................................................... 8
PoliG~v HCD-6.............................................................................................................. 8
PoIiG)1 HC~D-7.............................................................................................................. 8
Policy HCD-8.............................................................................................................. 8
Policy HCD-9.............................................................................................................. 8
E) CERTIFICATE OF APPROPRIA TENESS.........................................................l 0
Policy HCD-l 0.......................................................................................................... 10
PoliG~v HCD-ll.......................................................................................................... 10
PoIiG)1 HC~D-12.......................................................................................................... 10
F) PUBLIC HEARIN G ..............................................................................................11
PoliG~v HCD-13.......................................................................................................... 11
PoIiG)1 HC~D-14.......................................................................................................... 11
Policy HCD-15.......................................................................................................... 11
G) REVIEW CRITERIA: DEMOLITIONS ..............................................................12
Policy HCD-16.......................................................................................................... 12
Policy HCD-17.......................................................................................................... 12
H) AMENDMENTS ....................................................................................................13
Policy HCD-18.......................................................................................................... 13
Policy HCD-19.......................................................................................................... 13
PoliG~v HCD-20.......................................................................................................... 13
Policy HCD-21.......................................................................................................... 13
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I) FINANCIAL INCENTIVE S ..................................................................................14
Policy HCD-22.......................................................................................................... 14
J) DEFINITIONS .......................................................................................................15
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A) BACKGROUND
This Heritage Conservation District Plan sets out the intent of the Council of the Cape
Breton Regional Municipality (CBRM) and its Heritage Advisory Committee to protect
not only the individual buildings but also the overall character of Sydney's North End
Heritage Conservation District.
Although the North End of the former City of Sydney has long been recognized for its
historic significance, it was only in 2004 that serious discussion began regarding the
possibility of establishing a heritage conservation district in the neighbourhood.
Representatives of the Old Sydney Society approached the Cape Breton Regional
Municipality's Planning Advisory Committee in June of that year expressing concern that
many of the area's historic and architecturally significant stmctures were threatened with
demolition and suggesting that steps should be taken soon to ensure their preservation.
Specifically, the Society recommended the designation of at least part of the North End
as a heritage conservation district under Nova Scotia's Heritage Property Act. This
would enable Council to regulate demolitions, substantial alterations to existing buildings
and new constmction.
Council agreed with the Society that the NOlih End's built heritage must be protected,
and a background study was prepared that determined that an area generally bounded by
the Esplanade, George Street, Nepean Street and Desbarres Street contained an unusual
number of very old buildings dating from the years immediately following Sydney's
founding in 1785, and was suitable for consideration as a heritage conservation district.
Public meetings held in the fall of 2004 confirmed that there was broad support for the
establishment of the district. It was difficult to reach a consensus with respect to the
boundaries of the district, but eventually it was agreed that the district would apply to the
area identified on Map One. In recognition of the fact that there are many buildings and
streetscapes outside the district with heritage value, it was agreed that the Heritage
Advisory Committee of Council would encourage the designation of individual properties
and streetscapes throughout the North End under the CBRM Heritage Property Bylaw.
Protecting the heritage buildings of the North End is important because the buildings in
the area are a physical testament to the history of Sydney, its people, and the events that
were critical to the development of the community as it exists today. It is also important
from an economic development perspective. The North End, with its collection of
museums and older homes immediately adjacent to the Sydney Marine Terminal, has
become a significant attraction for the thousands of visitors who come to Sydney each
year by cmise ship.
This Plan recognizes that there have been many changes to the buildings within the
district in recent years and many of the architectural features of the older buildings have
been lost. As a result, it would not be practical to attempt to curtail all new development
in the area or to insist that all renovations to older buildings adhere to unrealistically high
standards of preservation and design. Rather, this plan is intended to foster new
development that is generally compatible with the character of the area and to encourage
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renovations to existing buildings that retain and enhance the heritage value of the
buildings as much as possible without requiring restoration of the building to its original
state.
The policies of this plan are complemented by those of the North End Secondary
Planning Strategy and Land Use Bylaw, which regulate future land use in the entire
North End of Sydney.
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B) HERITAGE CONSERVATION DISTRICT
It is important to preserve entire streetscapes, in addition to individual properties. The
designation of heritage conservation districts under Nova Scotia' s He ri tage Property Act
is a means of identifying groups of buildings and their surroundings for heritage
conservation measures.
A background study prepared by the CBRM Planning Department in May, 2005
identified an area in the North End of Sydney with significant historical significance. The
character of this area is at risk of being lost to incompatible development and
modernization. As a result, this area is proposed to be the CBRM's first heritage
conservation district. The rationale used to determine the boundaries of the district stems
from the 2005 background study, a study of North End buildings carried out by Vanessa
Childs Rolls for the Old Sydney Society dated March, 2004, and information acquired
from neighbourhood residents through a public participation program that took place in
the fall of 2004 and the winter of 2005.
The public participation program included the creation of a committee of North End
residents who worked with CBRM staff to prepare the draft bylaw. The draft bylaw was
made available to the public for comment at an Open House held in the neighbourhood
on June 1-2,2005. Revisions were made to the bylaw based on the input received at the
Open House.
In the spring of 2006 the CBRM Heritage Advisory Committee (HAC) forwarded the
draft Plan and Bylaw to Council for its consideration. However, concerns over the
content of the Plan and Bylaw from some property owners in the proposed District
resulted in a decision by Council to send the documents back to the HAC for further
review and additional public input. Extensive additional public consultation took place in
late 2006 and in the fall of 2007. The Plan now includes a number of changes made
since the spring of 2006, including a reduction in the size of the conservation district.
These changes are intended to address the concerns that have been raised.
Policy HCD-l
It shall be a policy of Council to designate the area shown on Map One as a Heritage
Conservation District, under Section 19A(I) of the Heritage Property Act.
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C) HERITAGE PROVISIONS AND ADMINISTRATION
Council is committed to a strategy of heritage conservation through the adoption of a
Heritage Conservation District Plan and By-law. The Plan and By-law includes
protection measures for existing buildings, and standards for future development in the
Heritage Conservation District.
Policy HCD-2
It shall be a policy of Council to adopt a Heritage Conservation District Plan and
By-law for the Heritage Conservation District shown on Map One.
Policy HCD-3
It shall be a policy of Council to establish policies for the preservation, conservation
and protection of architectural heritage within the Heritage Conservation District.
Policy HCD-4
It shall be a policy of Council to establish standards for development and
administrative procedures for heritage conservation in the Heritage Conservation
District By-law.
Policy HCD-5
It shall be a policy of Council to designate a person who will act as a Heritage
Officer and whose role is to administer the Heritage Conservation District By-law.
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D) ARCHITECTURAL STANDARDS
The Heritage Conservation District By-law sets specific standards for architectural design
in the Heritage Conservation District based on those architectural styles which have been
identified as being traditional for Sydney's North End. With such standards in place the
Municipality is able to mitigate the negative impact of development and alterations on the
streetscape, and to encourage sound architectural design.
The Bylaw is written, however, so as to recognize that the District includes some
buildings that have been built quite recently (in 1940 or later) and many others that have
been very substantially renovated since the date of original constmction. It is also
recognized that within the District there is a significant variety of architecture including
the Victorian era streetscape along the west side of George Street, the relatively
unornamented neo-classical stmctures along Charlotte Street dating from the late 1700s,
and the imposing 1930s era red brick house at 112 Charlotte Street. The design criteria
in the Bylaw have been written so as recognize the variations in architectural styles
within the District, and to ensure that the regulations are not unreasonable or overly
cumbersome to administer.
Policy HCD-6
It shall be a policy of Council to include architectural design standards in the
Heritage Conservation District By-law.
Policy HCD-7
It shall be a policy of Council that the architectural design standards in the By-law
are written to ensure that any new construction, as well as any additions or
alterations to existing buildings in the Heritage Conservation District are reasonably
architecturally and contextually compatible with the existing streetscape.
Policy HCD-8
It shall be a policy of Council to establish architectural design standards in the
Bylaw with respect to architectural style, building form, maximum building height,
windows, doors, cladding, trim, shutters, chimneys, dormers, exterior lighting,
utility structures, stairs, verandahs, decks, porches, porticos, wheelchair ramps,
foundations and accessory buildings.
Policy HCD-9
It shall be a policy of Council to vary architectural design standards in the Bylaw
for buildings built in 1940 or later, and for buildings that have undergone major
renovations since construction, to ensure that the standards for such buildings are
reasonable, providing that any work being carried out does not further detract from
the character of the district. It shall further be Council's policy that the design
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standards in the Bylaw shall be written so as to recognize the variations in
architectural style that are found within the District.
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E) CERTIFICATE OF APPROPRIATENESS
Any substantial development in the Heritage Conservation District must undergo a
review to ensure compliance with the requirements of this Plan and Bylaw. This will be
accomplished through an application process whereby a Certificate of Appropriateness
must be issued before a permit is approved under any other municipal bylaws. This
celiificate will ensure that the development is in conformance with the architectural
design standards in the Bylaw.
In the North End Heritage Conservation District there are four buildings that have been
registered as provincial heritage properties. Given that the Province regulates external
alterations to these structures, Council feels that it is unnecessary to require that the
owners also receive a certificate of appropriateness from the Municipality.
Policy HCD-I0
It shall be a policy of Council to require a Certificate of Appropriateness for
substantial developments in a Heritage Conservation District, unless the
development is proposed for a registered provincial heritage property.
Policy HCD-ll
It shall be a policy of Council that before a permit is issued for:
. New construction
. The demolition or removal of a building
. Additions or substantial exterior alterations to an existing building
within the Heritage Conservation District, the Development Officer or the Building
Inspector, or other staff, as appropriate, shall refer the application to the Heritage
Officer to determine if a Certificate of Appropriateness is required before a
development permit, building permit, renovation/repair permit or demolition
permit is issued. 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.
Policy HCD-12
It shall be a policy of Council that the approval of a Certificate of Appropriateness
is contingent upon the compliance of the development with all applicable
requirements of the Heritage Conservation District By-law.
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F) PUBLIC HEARING
Certain developments may have a greater impact on the District than others, and would
therefore benefit from public input as part of the review process. The demolition of main
buildings in particular may have a significant negative impact on the integrity of the
District. As a result, the Heritage Officer will refer applications for removal of main
buildings erected before 1940 to Council for approval before a certificate is issued.
Council, in making its decision regarding the appropriateness of such developments,
recognizes the need for public input.
Policy HCD-13
It shall be a policy of Council to hold a public hearing in accordance with the
provisions of the Nova Scotia Heritage Property Act for an application for a
Certificate of Appropriateness for demolition or removal of main buildings erected
prior to 1940.
Policy HCD-14
It shall be a policy of Council to require that the Heritage Officer refer applications
requiring a public hearing to Council for approval before the issuance of a
Certificate of Appropriateness.
Policy HCD-15
It shall be a policy of Council to establish that a Certificate of Appropriateness shall
be issued by the Heritage Officer following the approval of the certificate by
Council.
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G) REVIEW CRITERIA: DEMOLITIONS
The intent of the Conservation Plan is obviously to discourage the demolition of older
buildings in the District. It is however, recognized that circumstances may arise where
there is no feasible alternative. Council must consider a number of issues when
reviewing applications for a Certificate of Appropriateness when a demolition is
involved.
Policy HCD-16
It shall be a policy of Council, when reviewing an application for a Certificate
of Appropriateness for a demolition, or removal of a main building in the Heritage
Conservation District to consider the following criteria:
a) The reasons for the proposed demolition;
b) The proposed new development for the site (if applicable);
c) The historical significance of the building;
d) The architectural significance of the building;
e) The potential negative effects on the immediate streetscape; and
1) The advice of the Heritage Advisory Committee, and
g) If available, a report by an architect or engineer licensed to practice in
N ova Scotia regarding whether or not retention of the building is feasible
where the building is in a damaged or deteriorated state.
If Council decides to approve a certificate of appropriateness that would allow the
demolition, the certificate may be granted unconditionally or with conditions.
Where Council refuses to authorize a certificate of appropriateness that would permit the
demolition of a main building, municipal staff will withhold the issuance of a demolition
permit for a maximum of two years from the date of application for the demolition
permit. It is intended that during this two year period the Municipality and other
interested parties shall explore, in cooperation with the property owner, alternatives to
demolition. However, if at the end of the two-year period no solution has been found that
would prevent the demolition of the building, it is Council's intention to instmct staff to
issue the demolition pennit.
Policy HCD-17
It shall be a policy of Council that two years after a demolition permit has been
applied for to demolish or remove a main building built prior to 1940, the
requirement for a certificate of appropriateness shall be waived and the demolition
permit shall be granted.
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H) AMENDMENTS
Amendments to the Heritage Conservation District Plan and By-law may be necessary as
circumstances change. Council recognizes that as a Heritage District becomes
established, additional property owners may wish to have their property included in or
excluded from the district. Council supports and encourages additional inclusions where
the proposed property enhances the historical character of the district, and contributes
contextually to the streetscape.
Council will consider amendments to the Heritage Conservation District Bylaw, without
amending the Heritage Conservation District Plan, if the underlying intent of the Heritage
Conservation District Plan is not compromised.
Policy HCD-18
It shall be a policy of Council to consider amendments to the development standards
and administrative procedures in the Heritage Conservation District By-law,
without amending the Heritage Conservation District Plan, provided the proposed
amendment is consistent with the intent of the policies of the Heritage Conservation
District Plan.
Policy HCD-19
It shall be a policy of Council to consider amending a Heritage Conservation
District boundary to include or exclude additional heritage properties provided the
proposed inclusion or exclusion abuts an existing boundary.
Policy HCD-20
It shall be a policy of Council to consider that the Heritage Conservation District
and all applicable provisions under the Heritage Conservation District Plan and By-
law may be dissolved, by formal written request, of more than seventy-five percent
(75%) of property owners within a district.
Policy HCD-21
It shall be a policy of Council to hold a public hearing in the event of a request to
dissolve the Heritage Conservation District, when changes to the boundary of the
District are being considered, and when changes in the wording of the Heritage
Conservation District Plan and/or Bylaw are being considered.
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I) FINANCIAL INCENTIVES
The Province of Nova Scotia offers various financial incentives to owners of properties
located within heritage conservation districts to encourage the retention and sensitive
restoration of heritage buildings. Unfortunately, the incentives are at this time very
modest and are of limited value to anyone who owns a building in need of major repairs.
The Heritage Property Act allows municipalities to provide financial incentives as well.
In 2006/07, for the first time, the CBRM allocated a modest amount of funding to a
Heritage Incentive Program modelled on a successful program that the Halifax Regional
Municipality has had in place for several years.
With respect to the federal government, no incentive programs exist at this time
specifically geared to heritage properties.
CBRM Council recognizes that this Heritage Conservation District Plan is much more
likely to be successful in the long term if there are financial incentives in place for
owners of heritage properties. In the North End of Sydney, average annual incomes tend
to be low, making it all the more difficult for property owners to maintain and enhance
their properties. For example, the 2001 Census of Canada showed that the average
annual per capita income in the area that includes the North End Heritage Conservation
District was only $16,324 compared with $20,766 in CBRM as a whole. The average for
Nova Scotia was $25,297.
Policy HCD-22
It shall be a policy of Council to:
. Continue the Heritage Incentive Program for owners of heritage properties
in the CBRM that was initiated in 2006/07, providing that resources, in the
opinion of Council, permit, and
. Encourage the federal and provincial governments to increase financial
support for the preservation and enhancement of heritage properties.
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J) DEFINITIONS
Streetscaoe - A combination of characteristics and elements making up the contextual
character of a span of street including: the physical architecture of buildings, the location
of buildings in relation to the street, the size and scale of properties, the landscape,
sidewalks, street furniture and other physical features, the physical formation of the
street itself including its curbs and surface, and how all of these elements relate to
create the character of the street.
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0 25 50 100
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MAP ONE
NORTH END of SYDNEY
HERITAGE CONSERVATION
DISTRICT PLAN
[::=~l Heritage Conservation District
Cape Breton Regional Municipality
Planning Department
December 13,2007
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