BYLAW - Prescribe Min Stds Maintenance Heritage Attributes - 20130226 - 548913THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5489-13
BEING A BY-LAW to amend
Property Standards By-law
Number 4044-99.P to Prescribe
Minimum Standards for the
Maintenance of Heritage
Attributes.
WHEREAS under sections 35.3 and 45.1 of the Ontario Heritage Act, R.S.O.
1990, c. 0.18, as amended (hereinafter the "Ontario Heritage Act) a by-law may
be passed prescribing minimum standards for the maintenance of the heritage
attributes of designated properties or properties situated in heritage conservation
districts, provided that a by-law under section 15.1 of the Building Code Act,
1992, S.O. 1992, c. 23, as amended (hereinafter the "Building Code Act'), is in
effect in the municipality; and
WHEREAS the Council of The Corporation of the Town of Aurora (the "Town")
passed By-law Number 4044-99.P on the 23rd day of June, 1999 pursuant to
subsection 15.1 of the Building Code Act, prescribing standards for the
maintenance and occupancy of all properties in the Town, and such by-law
remains in effect; and
WHEREAS the Council of the Town of Aurora deems it necessary to amend By-
law Number 4044-99.P, to include minimum standards for maintenance and
preservation of the heritage attributes of properties pursuant to sections 35.3 and
45.1 of the Ontario Heritage Act;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF AURORA ENACTS AS FOLLOWS:
1. THAT section 1.2 of By-law Number 4044-99.P be and is hereby amended
by inserting the following new subsections:
1.2.21A "Heritage Attribute(s)" means the attributes or features of a
Property, Building or Structure that contributes to the Property's
cultural heritage value or interest that are defined, described, or
that can be reasonably inferred:
(a) in a by-law designating a property passed under section 29
of the Ontario Heritage Act and identified as heritage
attributes, values, reasons for designation, or otherwise;
(b) in a Minister's order made under section 34.5 of the Ontario
Heritage Act and identified as heritage attributes, values,
reasons for designation or otherwise;
(c) in a by-law designating a heritage conservation district
passed under section 41 of the Ontario Heritage Act and
identified . as heritage attributes, values, reasons for
designation or otherwise; or
By-law Number 5489-13
Page 2 of 4
(d) in the supporting documentation required for a by-law
designating a heritage conservation district, including but not
limited to a heritage conservation district plan, assessment
or inventory, and identified as heritage attributes, reasons
for designation or otherwise."
"1.2.32A "Ontario Heritage Act" means the Ontario Heritage Act, R.S.O.
1990, c. 0.18, as amended or successor thereto, included any
related regulations."
1.2.33A "Part IV Heritage Property" means Property, including any
Building or Structure located thereon, that has been designated
by the Corporation under section 29, or by the Minister under
section 34.5, of the Ontario Heritage Act."
1.2.3313 'Part V Heritage Property" means Property, including any Building
or Structure located thereon, which is located within a heritage
conservation district that has been so designated by the
Corporation under section 41 of the Ontario Heritage Act."
2. THAT By-law Number 4044-99.13 be and is hereby amended by inserting the
following new section and subsections:
"Section 5.15 Heritage Property Standards
5.15.1 In addition to the minimum standards for the maintenance and
occupancy of Property in the Town as set out in this By-law, the
Owner or Occupant of a Part IV Heritage Property or a. Part V
Heritage Property shall:
(a) maintain, preserve, and protect the Heritage Attributes so as
to maintain the heritage character and the visual and
structural heritage integrity of the Building or Structure; and
(b) maintain the Property in a manner that will ensure the
conservation of all Heritage Attributes.
5.15.2 Despite any other provision of this By-law, where a Heritage
Attribute of a Part IV Heritage Property or a Part V Heritage
Property requires Repair, and the Heritage Attribute can be
Repaired without replacement, the Heritage Attribute shall be
Repaired:
(a) in a manner that minimizes damage to the heritage values
and attributes;
(b) in a manner that maintains the design, colour, texture, grain,
or other distinctive features of the Heritage Attribute;
(c) using the same types of materials as the original and in
keeping with the design, colour, texture, grain, and other
distinctive features of the original, so long as one
architectural period is not favoured at the expense of
another; and
(d) where the same types of material as the original are no
longer available, using alternative materials that replicate
the design, colour, texture, grain, or other distinctive
features and appearance of the original material.
5.15.3 Despite any other provision of this By-law, where a Heritage
Attribute of a Part IV Heritage Property or a Part V Heritage
Property requires Repair, but the Heritage Attribute cannot be
Repaired without replacement, the Heritage Attribute shall be
replaced:
By-law Number 5489-13
Page 3 of 4
(a) using the same types of material as the original;
(b) where the salve types of material as the original are no
longer available, using alternative materials that replicate
the design, dolour, texture, grain, or other distinctive
features and appearance of the original material; and
(c) in such a mariner as to replicate the design, colour, texture,
grain, and other distinctive features and appearance of the
Heritage Attribute.
5.15.4 Despite any other provision of this By-law, no Building or
Structure on a Part IV Heritage Property or a Part V Heritage
Property may be altered or cleared, including but not limited to
removal, Demolition, or relocation, except in accordance with the
Ontario Heritage Act
5.15.5 Where a Building or Structure on a Part IV Heritage Property or a
Part V Heritage Property has been deemed unsafe and the
Owner is undertaking the necessary remedial measures to
address the unsafe condition of the Building or Structure, the
Owner shall ensure that all necessary measures are taken to
protect the Heritage Attributes and prevent damage or further
damage to the Heritage Attributes.
5.15.6 Despite subsection 5.12.1(c) of this By-law, where a Part IV
Heritage Property or a Part V Heritage Property remains
unoccupied for a period of ninety (90) days or more, the Owner
shall ensure that appropriate utilities serving the Building or
Structure are connected as required to provide, maintain, and
monitor proper heating and ventilation in order to prevent damage
to the Heritage Attributes caused by environmental conditions.
5.15.7 In addition to subsections 5.12.1(a) and (b) of this By-law, where
a Part IV Heritage Property or a Part V Heritage Property remains
unoccupied for a period of ninety (90) days or more, the Owner
shall protect such Property, including any Buildings or Structures
located thereon containing Heritage Attributes, against the risk of
fire, storm, neglect, accident, intentional damage, or damage by
other causes. The protection of the such Property shall also
effectively prevent the entrance to any Building by all animals and
unauthorized persons and by closing and securing openings to
the Building with boarding:
(a) that completely covers the opening and is properly fitted in a
watertight manner within the side jambs, the head jamb and
the exterior bottom sill of the door or window opening so that
the exterior trim and cladding remains uncovered and
undamaged by the boarding;
(b) that is fastened securely in a manner that minimizes
damage to the Heritage Attributes and the historic fabric and
is reversible or easy to Repair; and
(c) in a manner that minimizes visual impact.
5.15.8 If there is a conflict between this section and any other provision
in this By-law or any other Town by-law, the provision that
establishes the highest Standards for the protection of Heritage
Attributes shall prevail."
3. THAT all other terms, provisions, enactments, and amendments contained
in By-law Number 4044.99.P shall remain the same and are hereby
reaffirmed.
By-law Number 6489-13 Page 4 of 4
4. THAT this By-law shall come into full force and effect on the date of final
passage hereof.
READ A FIRST AND SECOND TIME THIS 26th DAY OF FEBRUARY, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 26M DAY OF FEBRUARY,
2013.
YOR
JOHN ID.-XEACH, TOWN CLERK
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