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Friday July 30, 2010
 
 

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.