Niagara-on-the-Lake’s Old Town is currently the subject of a heritage conservation district study, replete with an associated by-law which we looked at last week (“Arch-i-text: Examining the latest study on the heritage conservation district, ” April 3), but what has been done so far and what is coming?

Initially, the consultants, Cultural Spaces, defined the broad geographic boundaries within which the first phase of the study would be conducted.

From there, they analyzed the properties located within those boundaries to determine which were “contributing” and which were “non-contributing.”

Just for clarification, a contributing property has buildings, structures, features and/or a visual context which reflects and relates to the history and unique character of a defined district.

On the other hand, a non-contributing property is one that does not support the district’s unique character.

Once this analysis was completed and the results mapped, the folks at Cultural Spaces redrew the original geographic boundaries of the study area to reflect the data they had gathered.

This defined an area in which the contributing properties (nearly 50 per cent of the total properties) produced streetscapes that reflected the unique character of Old Town’s historical evolution and the new boundary identifies the recommended borders of the potential heritage conservation district.

The consultants are now busy producing the report on the study results and formalizing their recommendations. It is anticipated that this report will be presented to the municipal heritage committee for review in early May and, following that, it will come before council.

Provided council votes to accept the report’s recommendations — including the boundaries — the heritage conservation district undertaking will enter its second phase: The writing of a plan for the district.

This plan is a detailed document that describes the cultural heritage values of the district and captures unambiguous objectives and conservation policy direction, together with guidance on how to preserve those values.

Realistically, a well-written plan provides the town with guidelines for managing future change in a fashion that protects and preserves the heritage attributes that constitute the district’s unique character.

Further, it defines the criteria for evaluating heritage permit applications for proposed changes to properties within the district.

Moreover, a heritage conservation district plan is a vital resource for property owners by identifying how their property contributes to the district and providing a clear understanding of the planning and permit application process/criteria within the district.

The Ontario Heritage Act in section 41.1 specifies that the plan must include:

• A statement of the objectives to be achieved in designating the area as a heritage conservation district;
• A statement explaining the cultural heritage value or interest of the heritage conservation district;
• A description of the heritage attributes of the heritage conservation district and of properties in the district;
• Policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage conservation district, and;
• A description of the alterations or classes of alterations that are minor in nature and that the owner of property in the heritage conservation district may carry out or permit to be carried out on any exterior part of the property without obtaining a heritage permit.

Importantly, the plan will have different policies and guidelines for contributing and non-contributing properties.

For example, except in very rare circumstances, the demolition of a contributing property will not be allowed within the district, whereas a building on a non-contributing property may be replaced with new infill construction, provided that the new design respects the district’s unique character and does not adversely affect it.

With regard to zoning bylaws (the legal instruments that govern items like building heights, densities, setbacks, parking requirements, etc.), except where a particular portion of the bylaw would negatively impact the district’s character, such remain in effect.

Now, it is normal and typical practice that, during the development of a heritage conservation district plan, existing zoning bylaw provisions are reviewed to ensure such are aligned with the district’s unique character and, where necessary, revised.

In short, making sure the ducks are in order upfront to avoid any issues later.

What a district plan does not do is prevent change or “freeze” the district in time.

It is a tool to manage change, the policies and guidelines accept the evolution of buildings and structures over time while ensuring that any such change complements, rather than detracts from, the district’s unique character.

Town staff and Cultural Spaces anticipate extensive public consultation around the proposed heritage conservation district and its instruments will occur in the third quarter of 2025.

Further, it is their intent to complete the municipal heritage committee reviews and present the proposed creation of the heritage conservation district to town council for their deliberation and vote by the end of this calendar year.

With so much to be gained by the town and residents of Niagara-on-the-Lake, I sincerely hope that they succeed in meeting their schedule.

The sooner the better, the better the sooner.

Brian Marshall is a NOTL realtor, author and expert consultant on architectural design, restoration and heritage.