Overview

The Objectives and Policies of this Plan will be implemented by the authority given to Council under Part V of the Ontario Heritage Act. Pursuant to Subsection 41(1) of the Act, Council may, after receiving advice from LACAC, pass a by-law to designate all or part of the municipality as a Heritage Conservation District. Although there are no statutory requirements for performing a heritage district study or conduction public consultation, the Heritage Conservation District Guidelines published by the Ministry of tourism, Culture & Recreation strongly advise that these steps be taken prior to passing a by-law. The Town of Collingwood has taken both of these steps.

Within 14 days of passage by Council, the designating by-law must be submitted to the Ontario Municipal Board for approval, and notice of application to the board must also be given to the Ontario Heritage Foundation. The Board will hold a hearing to inquire into the merits of the by-law, and to hear any objections that any person may desire to bring forward. The Board will require Council to give notice of this hearing to such persons as the Board directs, usually including any owner of property within 200m of the District Boundary. The Ontario Municipal Board has the authority to approve or disapprove the by-law in whole or part. The by-law comes into effect in the form, and on the date, of the formal order of the Board.

Administration

Once approved by the Ontario Municipal Board, various administrative measures will be required for the successful implementation of the Collingwood Downtown Heritage District Plan:

-- A permit application review process that is simple, efficient and fair.

-- A review body that can provide advice to applicants and the Town on proposed alterations, new construction and demolitions within the District.

-- Readily available information and assistance to help applicants in preparing proposals and applications.

-- Financial measures to assit the town and individuals in heritage conservation initiatives.

-- Continuing public awareness activities to promote the District Concept, the Boundary, and the Policies and Guidelines of the District Plan.

Permit Application And Review

Required Permits

The designation of a Heritage District invokes Section 42 of the Heritage Act, which states: “…no person shall in the area defined in the by-law erect, demolish or remove any building or structure, or alter the external portions thereof, without a permit therefore issued by the council of the municipality…” In plain language, any exterior work by any person, including the municipality, in a Heritage District requires a Heritage Permit. Section 43 of the Act requires that permit applications include “…information, drawings and other materials as may reasonably be required by the Council to fully consider the application.” Council must issue or refuse a permit. An applicant refused a permit may appeal to the Ontario Municipal Board.

Steamlining The Process

In order to streamline and simplify procedures for permit applications and their review, the permit requirements for work in the district have been divided into three classes, corresponding to the scale of the work being proposed, and have been integrated into the permit process for building and development. The permit classes are:

-- Heritage Permit, for minor work that does not require a building permit;
-- Building Permit (Heritage), for work that requires a building permit;
-- Site Plan approval (Heritage), for work that requires planning approval.

Note: It is recommended that a new form be developed for Heritage Permits. For Building Permits (Heritage), a check box for heritage can be added to the existing building permit form. It is recommended that sample forms for all Heritage Permits be bound in as an appendix to the final version of the Study and Plan.

In addition, Council delegates authority for review and approval of smaller scale non-controversial Heritage Permits to Town staff and/or LACAC. Such delegated reviews and approvals are to be reported to Council. If outstanding issues in an application cannot be resolved, Council will review the application, inviting deputations from the applicant, prior to its decision.

These arrangements should minimize the time required for issuing heritage permits. Applications for building permits or Site Plan Review will be circulated for heritage review, in the same way they are already circulated for planning, zoning, and other approvals. In most cases, when Policies and Guidelines of the Heritage Plan are followed, there will be little or no delay.

To speed and simplify the permit process for all scales of work, applicants should become aware of the requirements for the work they propose toundertake. Building Department staff can give advice on the type of permit required, and provide guidance on interpreting Heritage Policies and Guidelines. Additional advice can be obtained from LACAC, which may also be able to assist in historical and technical research.

Note: It is recommended that LACAC strike a Heritage District Committee, composed of members who can make themselves available for consultation by applicants. The Town may engage a heritage consultant to provide advice to both the Town and the applicant at the pre-review stage.

Heritage Permits

This class of permit is required for minor work in the District that doesn't require a building permit. some examples of work that require a Heritage Permit are:

-- Maintenance work that affects the exterior of a building, such as painting, cleaning, masonry repair and repointing, renewal of flashings.

-- Repair or restoration work that affects the exterior of a building and the streetscape, such as repairs or restoration to windows, doors, masonry, siding and cladding, wood porches, trim and decoration, shop fronts and signage, and fencing.

-- Installation of modern equipment visible from the exterior of a building, such as exterior lighting fixtures, mechanical equipment, satellite dishes, electrical and other service masts, equipment and meters.

-- Installation of minor shop front elements, signage, or awnings.

-- Installations in the street allowance, including street and sidewalk lighting, street furniture, public information signage, planting, and above-ground public works.

Council and LACAC have delegated teh approval of minor non-controversial Heritage Permits to Town Staff. The ordinary process for Heritage Permits is outlined below:

Applicant:
-- Has Pre-review discussion with Building Department Staff.
-- Staff will verify whether or not a Building Permit is required.
-- Completes application form, describing the work to be performed.

Building Department:
-- Reviews application, and grants it if non-controversial, or forwrds to LACAC for further review.
-- Provides LACAC with regular summaries of its actions on all applications.

LACAC:
-- Reviews forwarded applications and either approves permit or refuses permit with comments.
-- Informs Council, in its regular minutes, of Staff and LACAC actions on all applications, and forwards application and report to Council if outstanding issues cannot be resolved.

Building Permits (Heritage)

This class of permit is required for work in the District that requires a building permit. It takes the form of a standard building permit, but is subject to review for compliance with Heritage Policies and Guidelines. The permit, when granted, is considered to be a Heritage Permit pursuant to the Ontario Heritage Act. Some examples of work that require a Building Permit (Heritage) are listed below:

-- Restoration or renovation work to the exterior of a building that is of such a scale or type that it requires a building permit under the Ontario Building Code. This includes any work that involves structural alteration, change of use, or change in structural or occupancy loads.

-- New construction, including buildings, additions, porches, dormers. New construction may also require Site Plan Approval.

-- Demolition or removal of a building or part of a building.

Council has delegated approval of non-controversial Building Permits (Heritage) to LACAC and Town Staff. The ordinary process for Building Permits (Heritage) is outlined below:

Applicant:
-- Has pre-review discussion with Building Department Staff. Staff will verify whether or not Site Plan Approval is required.
-- Completes application form, describing the work to be performed.

Building Department:
-- Reviews application, and grants it if non-controversial, or forwards to LACAC for further review.
-- Provides LACAC with regular summaries of its actions on all applications.

LACAC:
-- Reviews forwarded applications and either approves permit or refuses permit with comments.
-- Informs Council, in its regular minutes, of Staff and LACAC actions on all applications, and forwards application and report to Council if outstanding issues cannot be resolved.

Site Plan Approval (Heritage)

This approval is required, in addition to a Building Permit (Heritage) for work in the District that requires Site Plan Approval. Generally, this will apply to new development, and significant additions or alterations. Planning Staff can advise applicants when this approval is required. Requirements are similar to ordinary Site Plan Approval, and include detailed building plans and elevations, site plan, and landscape plan. Larger developments may require other supporting documents such as traffic impact studies, storm water management plans and so on. The application is handled like an ordinary Site Plan Approval, with the addition of a heritage review. Town Staff has discretion to apply a simplified form of review for smaller projects. Site Plan Approvals are always sent to Council for final decision.

The ordinary process for Site Plan Approvals (Heritage) is outlined below:

Applicant:
-- Has pre-review discussion with Building Department Staff. Staff will verify whether or not Site Plan Approval is required.
-- Applies for Site Plan Approval, describing the work to be performed.

Building Department:
-- Reviews application, and grants it if non-controversial, or forwards to LACAC for further review.
-- Provides LACAC with regular summaries of its actions on all applications.

LACAC:
-- Reviews forwarded applications and either approves permit or refuses permit with comments.
-- Provides Council with regular summaries of its actions on all applications, and forwards application and report to Council if outstanding issues cannot be resolved.

Resolving Issues And Appeals

The phrase “if outstanding issues cannot be resolved” appears in each of the heritage review processes listed above. The Town is committed to making all reasonable efforts to resolve issues arising in the permit process, consistent with heritage policies and guidelines. And it is further committed to providing historical and technical assistance to applicants in preparing applications that will meet the requirements of the District Plan. Good faith on the part of applicants and reviewers should result in a resolution process that is conversational rather than confrontational.

Note: It is recommended that LACAC’s Heritage District Committee, mentioned above, be prepared to hold on-site discussions with applicants regarding design and details. The inspection of physical conditions is extremely valuable in assessing what level of restoration should be reasonably expected, and to what extent the work will affect the heritage character of the streetscape. The Town may engage a heritage consultant to provide assistance in resolving issues.

If issues remain unresolved and are forwarded for action by Council, deputations from the applicant and his representatives will be invited before a Council decision is taken. Council may also request testimony from town Staff or LACAC, in addition to the reports which it will have received on the matter, as outlined above.

The final appeal of a Council decision to deny a Heritage Permit may be made by the applicant at the Ontario Municipal Board, as described in Section 44 of the Ontario Heritage Act. The Board has the authority to deny the appeal, or to grant it, with or without such conditions and terms as the board may direct.

Plan Renewal

The Collingwood Downtown Heritage District Plan refers to the past, but it is a plan for the future. The Plan recognizes that, while the future may to some extent be foreseen, it cannot be foretold, and that plans require ongoing review to meet changing conditions.

Annual Review

The District Plan should be reviewed annually by Town Staff in consultation with LACAC, to ensure that the Boundary, Policies, Guidelines and administrative methods remain effective and suitable for changing conditions.

Amendments

Policies and Guidelines in the District Plan may be amended by by-law, after consultation, circulation to potentially affected parties, and public notice. Minor administrative and technical amendments may be implemented by resolution of Council. Changes to the Boundary require approval of the Ontario Municipal Board.

Enforcement

The Town will enforce the requirements of the District Plan using the regulatory provisions of the Ontario Heritage Act, the Planning Act, the Building Code Act, and the Municipal Act.

Public Awareness

Collingwood's Official Plan and Economic Development policies recognize the importance of the preservation of heritage character in the Downtown Core. A successful Heritage District requires public awareness and participation, and a variety of steps should or might be taken to ensure the ongoing effectiveness of the District Plan. Among these are the following:

-- All Town staff whose work could potentially impact on the District should be informed of the Boundary, Policies, and Guidelines for the District. This should include not only departments that adminster the District or do physical work in it, but also departments that are involved in promotion of the Town, planning for special events, and so on.

-- All property owners and tenants in the District should receive notice of the District designation, and be given the opportunity to review or purchase copies of the District Study and Plan. The requirements for heritage permits should be explained in the notice.

-- All local real estate offices should be sent a similar notice, with a request to indicate the heritage status of properties in the District that are offered for sale or lease.

-- LACAC should consider putting notices on vacant premises so that prospective tenants will be aware of existence of the District, and the need to inquire about requirements for any work on the premises.

-- Copies of the Plan and Study should be sent to LACAC, the B.I.A., the Historical Society, the Collingwood Museum, and other groups interested in heritage and town planning.

-- Copies of the Plan and Study should be placed in the local history cupboards at the Collingwood Library, for public reference, and should be offered for sale to the public.

-- Consideration should be given to physical demarcation of the District with Public Works. Extension of the paving and streetscape scheme used currently in the B.I.A. would be a simple way to emphasize the District. Street signs in the District might include a “Heritage District” tag. “Gateway” devices, such as cairns, signage, or banners, at principal road entrances might also reinforce the identity of the District.

-- A system for marking heritage buildings should be instituted. The existing heritage plaque program for Part IV designations should be continued. Incised or engrave pavers in the sidewalk would be a simple and inexpensive way to mark other heritage buildings in the District, without involving private property.

-- Ongoing public awareness of the District will be reinforced if local promotion and special events publicity makes mention of the heritage character of the Downtown, and the existence of a Heritage District. An annual or semi-annual Heritage District newsletter, inserted in the newspaper, might also be a cost-effective way to boost heritage awareness in the Town. An annual award for outstanding restoration projects should be considered by LACAC.

Additional Policies

To the extent that "Additional Measures" are adopted, relevant policies should be added to the plan, and the promotion of those policies should be added to public awareness efforts.

Application Checklists

The following checklists are provided to assist applicants in obtaining permits, and to assist staff in conducting pre-review and evaluating the applications.

Heritage Permits

For minor work, not ordinarily requiring a Building Permit:

--Inspect the property description in the Inventory, Volume 2. Make note of any comments that indicate needed maintenance and repair. Proper maintenance and repair is the primary means of protecting the heritage character of the District. Applicants are strongly encouraged to include necessary maintenance tasks at the first opportunity.

-- If the building is part of a “block” of similar or identical properties originally built as a unit, show a colour photograph of the existing condition. Applicants are encouraged to undertake work on such buildings in a way that enhances the utility of the block.

-- Show results of any historical research. For example: provide a chip of original paint, if possible, when repainting; or provide copies of historic drawings or photographs when replacing or restoring elements such as windows, signs and awnings.

-- Read and understand any required technical material.

-- Read and understand the relevant Policies and Guidelines in this Plan.

-- In the case of more substantial work under a Heritage Permit, provide drawings that demonstrate compliance with the Policies and Guidelines of this plan, and with other bylaws, such as the Sign Bylaw. For sign and storefront work provide elevations at a minimum scale of 1:25, and details and profiles and a suitable large scale.

Building Permits (Heritage)

For additions, renovation and restoration:

-- Inspect the property description in the Inventory, Volume 2. Make note of any comments that indicate needed maintenance and repair. Proper maintenance and repair are the primary means of protecting the heritage character of the District. Applicants are strongly encouraged to include necessary maintenance tasks at the first opportunity. Also make note of comments that indicate steps that could be taken to restore heritage features, or to remove unsympathetic later work.

-- If the building is part of a Block of similar or identical properties originally built as a unit, show a colour photograph of the existing condition. Applicants are encouraged to undertake work on such buildings in a way that enhances the unity of the block.

-- Show results of any historical research. For example: provide copies of historic drawings or photographs, or show results of investigation of conditions underlying unsympathetic later work.

-- Read and understand any required technical material.

For new construction, additions, renovation and restoration:

-- Read and understand the relevant Policies and Guidelines in this Plan.

-- Provide all documents ordinarily required for a Building Permit. These should include, as applicable for the scale of the work: outline specifications, and drawing notes, of all materials visible from the exterior; elevations of all sides at a minimum scale of 1:50; elevations of storefronts at a minimum scale of 1:25; details and profiles, at a suitable scale, of cornices, signage and storefront elements, railings, trim, soffits and fascias, fences; an eye-level perspective, including adjacent buildings, for corner properties or free-standing buildings; a site plan showing building location, fencing, and planting. Elevations and perspectives should be “rendered” so that coursing, projecting elements, textures and fancy work are truly represented. Vertical dimensions should refer to those of adjacent buildings for alignment of horizontal elements. For new construction, copies of approved drawings from Site Plan Approval (Heritage) should be included.

Site Plan Review (Heritage)

For new construction:

-- Read and understand the relevant Policies and Guidelines in this Plan.

-- Provide all documents ordinarily required for a Site Plan Approval. These should include: Site plan, at a scale suitable to the size of the property, showing location of the building(s) and buildings on adjacent properties, fencing, planting, sidewalk and driveway paving, and porches, decks and other exterior elements; elevations of all sides, at a scale suitable to the size of the project, and including adjacent properties; an eye-level perspective, including adjacent buildings, for corner properties or free-standing buildings; outline specifications and drawing notes should indicate all materials visible from the exterior. Elevations and perspectives should be “rendered” so that coursing, projecting elements, textures and fancy work are truly represented.

-- Provide photographs of adjacent buildings for comparison with elevations and perspectives. The use of photographs of nearby heritage buildings of a similar type, to demonstrate the architectural sympathy of the proposed building, is encouraged.

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