In 1982, the area bordered by King Street, Water Street, Harding
Street and Charlotte Street, as well as, all buildings fronting
into King’s Square and Queen’s Square, were designated as the
trinity Royal Presentation Area. Since then, Orange Street, the
Quinton Farmhouse on Manawagonish Road, portions of Douglas Avenue
and the Red Rose Tea building have also been designated as heritage
preservation areas under the Municipal Heritage Preservation Act.
Any changes or work done to the exterior of these
properties is regulated by the law Saint John Preservation Areas
By-Law. This By-Law is in place to guide the development of these
preservation areas so that both new buildings and exterior rehabilitation
of existing buildings is carried out in a way that is in keeping
wit the architecture of the buildings in the area that were built
before 1915.
Administration Of By-Law The Saint John Preservation Areas By-Law is administered
by the Preservation Review Board, with help from the Heritage
Planner. Before making changes to the exterior of a building in
a heritage preservation area, property owners must receive a Certificate
of Appropriateness. Once a request had been made, it is reviewed
by the Heritage Planner to determine if the proposed work fits
with the architecture of the building and the area.
The Heritage Planner will explain how to apply, provide
an application form and preservation guidelines, discuss your
preliminary ideas and provide technical advice. Many property
owners hire a design professional to do their building & prepare
a Maintenance & Development Program.
Fees There is no charge for a Certificate of Appropriateness.
Some work may also require a Building Permit. If so the normal
fees are charged.
Appeals of Decisions If the Preservation Review Board decides that the work
is not in keeping with the architecture of the building, a Certificate
of Appropriateness will not be issued. The property owner then
has 15 days to appeal the decision to the Provincial Planning
Appeal Board. Also, if a concerned citizen thinks that the Board
has approved changes which they think are inappropriate, that
citizen has 15 days from the date of the decision to appeal.
By-Laws Enforcement If a certificate of Appropriateness has not been issued
and work goes ahead:
The Building Inspector will ask you to stop work, and
(possibly) Ask that the property be returned to the way it
was before the work started.
Fines Anyone who violates this By-Law may be charged between
$25 and $100 for every day until the violation is fixed. If the
fine is not paid, a jail sentence may be given.
PRB Meetings Are Open to the Public The Board meets every second Wednesday in the boardroom
on the 10th floor of City Hall. Residents and property owners
are encouraged to attend and will be given an opportunity to express
their opinion. Notifications of meetings are advertised in the
Tuesday edition of the newspaper.
Preservation Areas By-Law Summary
Exterior Work Section 5(1) & 9(1):The exterior of all buildings
in the Heritage Preservation Area cannot be changed unless a Certificate
of Appropriateness had been obtained. The proposed changes must
be in keeping with the architectural style of the building and
use detailing and material similar to those used before 1915.
All work, including what many contractors consider “general maintenance”,
requires a Certificate of Appropriateness, including: painting,
doors, windows, signs, storefronts, landscaping, reappointing
masonry, siding, woodwork, etc. Property owners should discuss
their work with the heritage planner before purchasing materials
or hiring contractors.
Masonry Cleaning Section 9(5) a & b:Cleaning brick and
stone masonry must be one in a way that does not damage the surface.
Sandblasting and painting destroy the masonry. A Certificate of
Appropriateness must be obtained before cleaning any brick building.
New Construction Section 8 & 9:New Buildings or new
additions also require a Certificate of Appropriateness and must
adhere to the following standards:
Building Setback Section 9(1) a & b:Where all buildings
are on the same line, new buildings must do the same.
If other buildings are different distances from the street then the setback of the new
building must be the same as the building on one side or the other. On Douglas Avenue,
the setback is to be the same place as the previous building. Other options will be
considered if they fit better with the street.
Side Yards Section 9(1) c: The side yard on each side
of a development must be the same as the side yards on the rest
of the street.
Building Height Section 9(1) d: The height of a development
cannot be less that 80% and not more that 120% of the average height
of adjacent buildings.
Building Proportions Section 9(1) e: The ratio of the height to
the width of the façade of a building must be within 10% of the ratio of the height
to the width of the facades of nearby buildings.
Wide Lots Section 9(1) f: On wide lots, the façade needs to be
divided to look like separate buildings.
Building Window Proportions Section 9(1) f, g & h: The amount
of window area in the front of a building and size of windows must be the same as nearby
buildings (within 10%).
Building Roofs Section 9(1) i: Direction, pitch & arrangement
of roof must be the same as nearby buildings.
Building Material & Detailing Section 9(1) k: In building, restoring
or maintaining a façade, traditional detailing & materials similar to those of nearby buildings
must be used. New replacement materials may be used is they look exactly the same as traditional
materials & detailing.
New materials such as aluminum or vinyl siding, modern metal doors, aluminum or vinyl window
plastic signs and bright colors are not recommended. These often detract from the architecture
and original character of a building.
Demolition Section 10, 11 & 12: No buildings
or structure can be torn down or moved and no Certificate of Appropriateness
can be approved until;
The Preservation Review Board has declared the building to
be incompatible with the Heritage Preservation Area;
The owner has publicly advertised the intention to sell the
building and the owner has listed the building for sale with
a Multiple Listing Service within the city for a period of
six months.
Before publishing a notice to sell the property, the offer must
first be filed with the Secretary of the Preservation review Board.
Once this is done, the notice of sale may be made public.
If, by the end of the six months, the property has not been sold,
the owner must inform the Board. Certificate of Appropriateness
will then be issued for demolition. /the Certificate may be subject
to terms and conditions so that any valuable historical or architectural
features are preserved. sometimes, the Preservation Review Board
may decide that a notice of sale should be posted for a year instead
of six months.