Protecting Don Mills Neighbourhoods through Heritage Conservation District Designation
The Ontario Heritage Act enables any municipality in Ontario to designate an area as a Heritage Conservation District (HCD). Designation occurs where there has been a proposal to protect the heritage characteristics of a given area initiated by one or more property owners in the area, and where this proposal is subsequently supported by a majority of property owners in that area.

HCD designation allows a municipality to protect the heritage characteristics of a given area as defined by local property owners together. The heritage characteristics generally include the overall “look” of homes and buildings, landscapes and open spaces, as seen together from the street.

HCD designation does not in any way affect the interior or the back or sides (except where a corner lot) of homes or buildings in the HCD. It does not impact on the right to add on to or make other changes to a home or building, as long as the alteration (if street-facing) is compatible with the area’s heritage characteristics, or “look”.

Once designated, an HCD is enforced through municipal by-law. The by-law provides protection against the demolition or unsympathetic alteration of properties within the HCD. Future changes to an HCD (including additions, etc.) must be carried out in a manner compatible with the area’s established heritage character as identified in the HCD Plan. The Ontario Heritage Act requires municipalities, when a designation by-law is passed, to adopt an HCD Plan which includes policies and guidelines for property owners regarding acceptable and desirable changes within the HCD. The Plan will have been developed by local residents together.

In recent months, there has been considerable interest among local residents in establishing one or more HCDs in Don Mills. HCDs are the best and most effective way to protect established Don Mills neighbourhoods from the onslaught of so-called “monster homes” whose style may be incompatible with that of neighbouring homes.

HCD designation does not prevent the demolition and construction of large, new homes, nor does it prevent large additions to existing homes. However, designation can ensure that any new construction will be in a style or have a “look” compatible with that of neigbouring homes.

There are currently 20 designated HCDs in Toronto, and a further 11 currently under development. HCDs do not need to be located in older areas of Toronto (i.e. “historical” areas like Cabbagetown, Rosedale or the Annex). Any area or neighbourhood, whatever its age, can benefit from HCD protection.

For more information on HCDs, visit the City of Toronto’s Heritage Preservation Services website.

You may also contact Jonathan Mousley, First Vice-President of the DMRI, at 416-0461-6726 if you are interested in pursuing HCD designation or have any questions about HCDs or the designation process.

Frequently Asked Questions
Q: My property is in a designated Heritage Conservation District (HCD). Can I do what I please with my house?
A: In almost all cases, yes.

HCD designation does not:
• Impose any additional restrictions on the use of a property (i.e., there are no additional restrictions than apply under normal zoning by-laws)
• Prevent renovations/alterations that are in keeping with the heritage character of the HCD (heritage “guidelines”) as defined by the community itself
• Impose onerous obligations or undue expenses to maintain property
• Render property ineligible for insurance coverage
• Prevent installation of modern conveniences or contemporary interior designs (except where the interior has been designated under Part IV of the Ontario Heritage Act, which usually applies to historically unique properties only)
• Restrict the sale of a property

Q: What is a heritage permit, and when do I need to obtain a heritage permit?
A: A heritage permit is required for any work, except general maintenance, carried out on the street-facing façade of a property (home or building) in an HCD. This includes work that otherwise would not require a building permit, such as replacing windows and doors, and the removing or replacement of decorative trim.

A heritage permit is usually readily approved by City staff (along with the building permit, where required) if the proposed project is in conformity with the HCD “guidelines” developed by the community itself (see question below). There is no additional cost to obtain a heritage permit.

No heritage permit is required for the following types of renovations/ alterations:
• Interior renovations/alterations
• Exterior renovations/alterations not visible from the street
• Exterior painting of wood, stucco or metal surfaces (but not brick)
• Repairs of existing exterior features using the original materials
• Installation of eaves troughs
• Weatherproofing
• Seasonal installation of removable storm/screen windows and doors
• Installation of exterior lights

A heritage permit is required for:
• All renovations/alterations to the street-facing façade of a home not listed above
• Repairs using a different material than the original
• Replacement of existing doors and windows
• Renovations that have a major impact on the building’s heritage attributes, or involve demolition.
If City staff determines that a proposed renovation/alteration conforms to the HCD “guidelines” developed by the community itself (see question below), City staff will approve the necessary Heritage Permit at the same time as the Building Permit, at no additional charge.

If City staff determine that the proposed renovation/alteration does not meet the HCD guidelines, the staff will suggest ways in which the project may be modified to be in conformity with the guidelines and in order to secure the required Heritage Permit.

Q: What are HCD “guidelines” and who establishes these for a Heritage Conservation District?
A: HCD guidelines define the heritage character of a given HCD and indicate what aspects of this character are to be preserved now and in the future. The guidelines are determined by local residents themselves, voted on by local residents and, if passed, subsequently enforced through municipal by-law.

Q: What is the process for designating a Heritage Conservation District?
A: Where there has been a proposal for HCD designation initiated by one or more property owners in an area, and where at least a few area residents are in agreement with this proposal, a study of all buildings in the proposed HCD is conducted by a committee of interested area residents. This research (conducted at an archives or library) is intended to identify the age, architectural style and features, historic uses and other details relating to buildings (and even landscapes) in the proposed area. The committee itself will have determined the boundaries of the proposed HCD beforehand.

The committee subsequently hires an architect or heritage consultant (usually partially or wholly funded by the municipality in which the proposed HCD is located) to prepare a draft Heritage Conservation District Plan on behalf of the committee. This Plan, which is drafted based on the research gathered by the committee of area residents, normally includes the following:
• A description (overview) of the historical and architectural character and fabric of buildings and landscapes in the proposed HCD;
• Recommended heritage design guidelines to enable conservation of the heritage fabric and restoration of lost features in both the public and private realm, including:
• Design guidelines that clearly define appropriate change, whether it is for altering existing buildings or for new construction, in the HCD and in areas immediately “adjacent to” the HCD; and
• Design guidelines for streetscapes in order to strengthen their heritage character.

This draft Plan is presented to area residents for feedback at an initial and at least one subsequent public consultation meeting. The feedback from area residents helps to determine what design guidelines will be incorporated in the final draft Plan to be presented to area residents for approval at a final public meeting. Where rejected by a majority or residents present, the proposal to designate an HCD proceeds no further. However, where approved by a majority of residents present, the designation process proceeds through three more steps as follows (assuming the proposed HCD is located Toronto):

The (now) final Plan is presented to the Toronto Preservation Board that reviews the Plan and makes recommendations for changes (if any) to City Council.

The final Plan is presented to the appropriate Toronto Community Council, which discusses and votes whether to recommend the Plan to full City Council.

City Council votes on the recommendation of Community Council. If passed, the area is designated as an HCD by City by-law. If there are no appeals of the HCD designation to the Ontario Municipal Board, the bylaw is enacted. If appealed, the final decision on whether to implement the HCD is made by the Ontario Municipal Board. (It should be noted that to date, the Ontario Municipal Board has never overturned a Council decision on an HCD designation.)

Some time after the HCD is designated, the final HCD Plan is printed and distributed to property owners within the proposed HCD for their information. Area residents will be expected to follow the guidelines contained in the Plan in carrying out all future renovations or new construction within the HCD.

Q: Can I replace doors windows and roofs with more energy efficient materials?
A: Yes, heritage permits for the installation of more energy efficient doors and windows are routinely granted as long as the replacements are in keeping with the original character of the house.

Finding replacement windows and doors that are in character has become much easier as upgrading for energy savings has become more common. Many suppliers now offer energy efficient replacements that match the character of period homes.

Q: Can I can paint my house in the colour I choose?
A: Unless the HCD guidelines developed by the community itself restricts exterior paint to certain colours only, homeowners may make their own colour choices.

However, if a homeowner wishes to make a historically appropriate selection, paint stores have sample books of heritage (including post-war) colours to choose from. Appropriate historic colours tend to be muted, such as those found in nature.

Q: Will designation increase the amount of my property insurance premiums?
A: Property insurance premiums should not rise as a result of HCD designation. Designation itself does not place additional requirements on the insurer and should not affect premiums. For instance, there is no requirement that repairs be made with antique material.

Instead, a variety of other reasons unrelated to HCD designation can cause insurance companies to increase premiums for homes and buildings in HCDs, such as out-dated wiring, old heating systems, etc.

Q: How does HCD designation affect new construction?
A: Where new buildings or additions are necessary, the municipal by-law designating the HCD requires a design that is sympathetic and compatible with the character of the existing properties and the character of the HCD, as defined by the community itself through the HCD guidelines.

Q: I have house that is not old. What does it mean for me?
A: HCD designation requires that any changes to a home or building be carried out in keeping with the home’s or building’s original character, whenever it was built.

Q: How will designation affect the value of my house?
A: Heritage designation does not, in itself, have any impact on the value of a property. However, while there are no guarantees, heritage designation is likely to help the homes maintain their value as most property owners have pride in the character of the community. The area becomes more attractive to home buyers who like the stability that heritage designation brings to the built form of the community.

HCD designation brings certainty to all property owners that any future street-facing home or building additions or alterations will not negatively impact on surrounding property values. It brings stability to the neighbourhood beyond existing zoning by-laws which can, for example, only limit the size of a new home or building relative to the size of the property (i.e. its “footprint”).

A 1998 study of 3,000 designated properties in 24 Ontario communities found that:
• designation did not have a negative effect on property values;
• the rate of sale of designated properties was as good or better than the general market;
• the value of heritage properties tended to resist downturns in the general market.
(Source: Robert Shipley, “Heritage Designation and Property Values: is there an effect?” International Journal of Heritage Studies, Vol. 6, No. 1, 2000, pp. 83-100.)

Q: How is heritage designation enforced?
A: The intention of the by-law is that owners will comply voluntarily, but the City has authority to enforce compliance with the municipal by-law designating the HCD if required as a last resort.

Normally, upon HCD designation, an Advisory Committee comprised of local residents (volunteers) will be established to give advice to local property owners planning renovations/alterations on whether the proposed changes are in keeping with the HCD guidelines. Where the Committee cannot reach agreement with a local property owner, the Committee can refer the dispute to the City’s Preservation Services office, who may demand changes in order for the property owner to receive the required heritage permit and building permit.

(The City has by-law enforcement powers and can fine or stop work on alterations that don’t have a heritage permit in addition to a building permit, just as it dos in non-heritage areas for property owners who build without a permit.)