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Copyright 2021: City of St. John's,
St. John's, Newfoundland, Canada
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BY-LAW NO. 1642
AMENDMENT NO. 1647, 1651, 1653
HERITAGE BY-LAW
PASSED BY COUNCIL ON September 13, 2021


Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C‐17, as amended, and all other powers enabling it, the City of St. John’s enacts the following By‐Law relating to heritage.

BY‐LAW

1. This By‐Law may be cited as the “St. John’s Heritage By‐Law”.

2. In this By‐Law:

(a) “Building” shall have the same meaning as in the City of St. John’s Act;

(b) “Heritage Area” means an area that Council has designated as a Heritage Area;

(c) “Heritage Building” means a building that Council has designated, in whole or in part, as a Heritage Building;

(d) “Heritage Design Standards” means the design standards adopted by Council;

(e) ”Inspector” means any person authorized by Council to administer and enforce this By‐Law; and

(f) “Owner” shall have the same meaning as in the City of St. John’s Act.

3(1). Council may establish a Heritage Advisory Committee to advise Council in respect of heritage matters referred to it by Council and/or the Inspector.

(2). The composition of and procedures governing the Heritage Advisory Committee are set out in Schedule “A” to this By‐Law.

HERITAGE AREAS AND HERITAGE BUILDINGS

4(1). Council confirms the designation of :

(a) Heritage Areas 1, 2 and 3 as described in Schedule “B” to this By‐Law; and

(b) Heritage Buildings listed in Schedule “C” to this By‐Law.

(2). Council designates Heritage Area 4 as described in Schedule “B” to this By‐Law.

5(1). Council may designate an area as a Heritage Area and may amend or revoke the designation of a Heritage Area.

(2). Council may designate a building as a Heritage Building and may amend or revoke the designation of a Heritage Building.

APPLICATIONS MADE UNDER OTHER BY‐LAWS OR REGULATIONS

6. Where an application is made under another by‐law or the Development Regulations respecting a Heritage Building, a building in the Heritage Area, or the demolition of a building, the application shall be forwarded to the Inspector who may:

(a) request the applicant provide such additional information as the Inspector deems appropriate; and/or

(b) refer the application to the Heritage Advisory Committee

7. The Inspector may impose such conditions as may be necessary to fulfill the requirements of this By‐Law on any permit, approval‐in‐principle, or approval granted in respect of a Heritage Building, a building in a Heritage Area, or the demolition of a building.

HERITAGE REPORTS

8(1). A Heritage Report, and any supporting studies or plans, shall be prepared at the expense of the applicant.

(2). Council shall require a Heritage Report for:

(a) an application to demolish a Heritage Building;

(b) an application to amend or revoke the designation of a Heritage Building;

(c) an application for a new development in a Heritage Area;

(d) an application for a new development adjacent to a Heritage Building; or

(e) any other application in respect of which the Inspector has recommended that a Heritage Report be prepared.

(3). Notwithstanding subsection (2), where in the opinion of Council it is appropriate to do so, Council may accept a staff report in lieu of the Heritage Report.

(4). The terms of reference for a Heritage Report shall be approved by Council and shall form part of the Report itself.

(5). A Heritage Report shall at a minimum evaluate and identify heritage values and resources located on the site, neighbourhood or streetscape and address the anticipated impacts that the proposed work may have on the heritage value of a building, neighbourhood or streetscape.

HERITAGE DESIGN STANDARDS[attachment "Schedule C - Heritage Buildings Map - January 2023.pdf" deleted by Kelly Butler/CSJ]

9. The Heritage Design Standards are described in Schedule “D” to this By‐Law.

10(1). The owner of a Heritage Building shall comply with the Heritage Design Standards for Heritage Buildings.

(2). The owner of a building, other than a Heritage Building, in a Heritage Area shall comply with the Heritage Design Standards for that Heritage Area.

(3). Notwithstanding subsection (2), Council may exempt the owner of a newly constructed building or a charitable organization, which is so registered under the Income Tax Act (Canada), from the Heritage Design Standards.
(Amended 2023/02/20; #1653)

PUBLIC CONSULTATION

11(1). The following shall, unless Council directs otherwise, require public consultation:

(a) an application to demolish a Heritage Building;

(b) an application to amend or revoke the designation of a Heritage Building;

(c) an amendment of a Heritage Area;

(d) the designation of a new Heritage Area;

(e) an application for a new development adjacent to a Heritage Building; and

(f) any other matter where Council so directs.

(2). Public consultation shall be carried out in accordance with the provisions of the Development Regulations.

PENALTY

12. Any person who contravenes the provisions of this By‐Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act.

By-Law Attachments:

• Schedule A – Built Heritage Experts Panel Terms of Reference (Amended 2023/01/16; #1651)
• Schedule B – Heritage Areas (August 2021)
• Schedule C – Heritage Buildings Map (Amended 2023/01/16; #1651)
• Schedule D – Heritage Area Design Standards (Amended 2022/06/13; #1647)

Schedule A -Terms-of-Reference---Built-Heritage-Experts-Panel - revised Dec 2022.pdfSchedule A -Terms-of-Reference---Built-Heritage-Experts-Panel - revised Dec 2022.pdfSchedule B - Heritage Areas (August 19 2021).pdfSchedule B - Heritage Areas (August 19 2021).pdf]Schedule C - Heritage Buildings List - January 2023.pdfSchedule C - Heritage Buildings List - January 2023.pdf Schedule C - Heritage Buildings Map - January 30 2023.pdfSchedule C - Heritage Buildings Map - January 30 2023.pdfSCHEDULE D - Heritage Area Design Standards - amended June 13, 2022.pdfSCHEDULE D - Heritage Area Design Standards - amended June 13, 2022.pdf




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