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HomeMy Public PortalAboutHeritage Procedure Bylaw 13952 TOWN OF OLIVER BYLAW 1395 A Bylaw to establish procedures for adding and removing a property from the Community Heritage Register, procedures for adopting a Heritage Designation Bylaw and procedures for the issuance of Heritage Alteration Permits The Council of the Town of Oliver enacts in open meeting as follows: Citation 1.This Bylaw may be cited as “Heritage Procedures Bylaw 1395”. Definitions 2.In this Bylaw: a. “Character-Defining Elements” means the materials, forms, location, spatial configurations, uses and cultural associations or means that contribute to the Heritage Value of a building, structure, or site; b.“Building Official” means the Town’s Building Official, or such other persons appointed to act in the place of the Building Official; c.“Community Heritage Register” means a list established by the Town under Section 598 of the Local Government Act that identifies real property considered by the Town to be heritage property; d.“Community Heritage Society” means the Oliver & District Heritage Society, recognized as the preserver, collector, researcher, and interpreter of historical information within the Town of Oliver. e.“Director of Development Services” means the Town’s Director of Development Services, or such other persons appointed to act in the place of the Director of Development Services; f.“Heritage Alteration Permit” means a permit authorizing alterations or other actions in relation to protected heritage property under Section 617 of the Local Government Act; g.“Heritage Value” means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance of a building, structure or site for past, present or future generations, determined with reference to the Character-Defining Elements of that building, structure or site; h.“Registered Heritage Professional” means a person who is a professional member of the BC Association of Heritage Professionals and the Canadian Association of Heritage Professionals, or the equivalent in terms of proven experience and practice; and i.“Statement of Significance” means a statement prepared by a Registered Heritage 3 Professional that describes and identifies the Heritage Value and Character-Defining Elements of building, structure or site. Additions to the Community Heritage Register 3.Requests to add buildings, structures or sites to the Community Heritage Register must be accompanied by a Statement of Significance, and will be processed in the following manner: a.written requests will be reviewed by the Director of Development Services and forwarded to the Community Heritage Society for a recommendation to Council. b. The Community Heritage Society will review the Statement of Significance to evaluate the historical, architectural and contextual value and character of the subject building, structure or site, and provide a Staff recommendation to Council. c.The Director of Development Services will provide a Staff recommendation to Council regarding the proposal and include the recommendation from the Community Heritage Society; d.Council may add a building, structure or site to the Community Heritage Register by resolution, in which case the Director of Development Services must notify the heritage minister and the owner of the subject building, structure or site of Council’s decision in accordance with the provisions of the Local Government Act. Deletions from the Community Heritage Register 4.Requests to remove buildings, structures or sites from the Community Heritage Register must be accompanied by supporting evidence of diminished Heritage Value, and will be processed in the following manner: a.written requests will be reviewed by the Director of Development Services and forwarded to the Community Heritage Society for a recommendation to Council. b. The Community Heritage Society will evaluate the evidence provided and consider the historical, architectural and contextual value and character of the subject building, structure or site, and provide a recommendation to Council. c.The Director of Development Services will provide a Staff recommendation to Council regarding the proposal and include the recommendation from the Community Heritage Society; d.Council may remove a building, structure or site to the Community Heritage Register by resolution, in which case the Director of Development Services must notify the heritage minister and the owner of the subject building, structure or site of Council’s decision in accordance with the provisions of the Local Government Act. 4 Heritage Designation Bylaw 5.The registered owner of real property within the Town or his or her agent authorized in writing may apply for heritage designation protection pursuant to Section 611 of the Local Government Act. 6.An application fee shall be paid to the Town as set out in the Fees and Charges Bylaw. 7. Each application for heritage designation protection, unless initiated by the Town, shall be submitted in writing to the Director of Development Services. Each application shall be accompanied by the following: a.a description of the current use of the property; b.a Statement of Significance; c.a site plan of the property; d.elevation drawings showing the architectural features, characteristics and colours of the exterior of the building; and e.pictures of the building in its’ historical and present day state. 8. Each application will be reviewed by the Director of Development Services and forwarded to the Community Heritage Society for a recommendation to Council. 9.The Community Heritage Society will evaluate the evidence provided and consider the historical, architectural and contextual value and character of the subject building, structure or site, and provide a recommendation to Council. 10.The Director of Development Services will provide a Staff recommendation to Council regarding the proposed bylaw and include the recommendation from the Community Heritage Society. 11.If Council decides to proceed with the application, the bylaw may be given first and second readings. Council may alternatively decide to refer, table or deny the application. 12.Pursuant to Section 612 of the Local Government Act, before a heritage designation bylaw is adopted, the Town must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw. Notice of the public hearing will be given pursuant to the Local Government Act, which includes notice to the owners and occupiers of the subject property or building, as well as advertising in two editions of the newspaper. 13.Following the public hearing, Council will consider the bylaw and may proceed with third reading (including the imposition of conditions), refer, table or deny the application. 14.Once the applicant has adequately addressed all of the conditions identified at third reading (if any), Council will consider the adoption of the bylaw. 15.Once the Council minutes have been prepared, the applicant will be notified in writing of the outcome. 5 Heritage Alteration Permits 16.Each application for a Heritage Alteration Permit must be made by the registered owner or his or her agent in a form designated by the CAO. 17.An application fee shall be paid to the Town as set out in the Fees and Charges Bylaw. 18.Every application for a Heritage Alteration Permit shall be accompanied by the following: a.a site plan of the property; b.elevation drawings showing the architectural features, characteristics and colours of the exterior of the building; and c.details and drawings showing proposed alterations. 19.Each application for a Heritage Alteration Permit will be processed in the following manner: a.Each application will be reviewed by the Director of Development Services and forwarded to the Community Heritage Society for a recommendation to Council. b.The Community Heritage Society will evaluate the evidence provided and consider the historical, architectural and contextual value and character of the subject building, structure or site, and provide a recommendation to Council regarding the proposed alteration. c.The Director of Development Services will provide a Staff recommendation to Council regarding the proposed permit and include the recommendation from the Community Heritage Society. 20.Council will consider the report and may grant the requested permit, or may refer, table or deny the application. 21.Town staff shall administer any further conditions of the Heritage Alteration Permit as specified within each individual permit as required. Town staff may conduct inspections, on an as-required basis, to ensure that the terms of the Heritage Alteration Permit are being satisfied. 22.The CAO may designate the form of a Heritage Alteration Permit. Withholding of Approvals 23.In accordance with Sections 604 and 605 of the Local Government Act, the Building Official is authorized to withhold the issuance of a building or demolition permit where he or she considers the permit would authorize an alteration inconsistent with the heritage protection of the property. 24.The issuance of a permit must not be withheld once a heritage alteration permit is issued authorizing the alteration to which the approval applies. 6 Read a first, second and third time on the 21st day of September, 2020. Adopted on the 13th day of October, 2020. _______________________________ ___________________________________ Mayor Corporate Officer ' Original signed by Mayor '' Original signed by Corporate Officer '