One of the most important tools Markham uses to protect individual properties of cultural heritage value or interest is designation under Part IV of the Ontario Heritage Act. At present, over 250 properties are individually designated. To find out if your property is designated, search the Register of Property of Cultural Heritage Value or Interest.
What type of properties can be designated?
A variety of properties can be designated including:
- Buildings and structures;
- Archaeological sites and ruins;
- Cultural heritage landscapes;
- Cemeteries and monuments;
- Trees and parks;
- Bridges
Who can request designation?
Anyone can request that a property be designated. Council must obtain the advice of its municipal heritage committee on any property proposed for designation.
What approvals are required to alter these properties?
All exterior alterations affecting the identified heritage attributes require City review and approval. Minor alterations usually require a Heritage Permit Application [PDF]. Larger projects require Site Plan Approval
Can the property be demolished?
Designation provides an enhanced level of demolition control (See "Demolition Control" below) and ensures that the property is protected.
What financial assistance is available?
Markham has created a variety of financial programs to help designated properties.
Does designation affect property values?
The word is in on whether heritage designation has an impact on the value of your property. The answer is this- if designation has any affect on real estate prices, it’s probably a good one. Find out more - Property Values [PDF].
For more information on individual property designation, obtain a copy of our Individual Property Designation Brochure (PDF].
Under Part V of the Ontario Heritage Act, Markham has protected four areas as a heritage conservation districts: Thornhill, Markham Village, Buttonville and Unionville. A heritage conservation district is:
- A collection or grouping of buildings, streets and open spaces that together are of cultural heritage value to our community.
- An area with a special character with an integrity of its own that distinguishes it from other areas of the community
- A defined boundary where all properties are protected from inappropriate changes through the use of policies and design guidelines.
See if your property is within a heritage conservation district map:
Or search the Markham Register of Property of Cultural Heritage Value of Interest to see if your property is in a heritage conservation district.
What is the purpose of the district?
Changes will occur in heritage conservation districts. They are living parts of our community, not museum sites. The purpose of district designation is to guide change so that it contributes to the area’s unique character. The key objectives are:
- To preserve heritage buildings- these features are fragile gifts from past generations. They are not a renewable resource. Once lost, they are gone forever.
- To preserve original features - it is important to retain original or early building fabric such as windows, wall claddings and architectural elements.
- It is better to maintain than to repair
- It is better to repair than to restore
- It is better to restore than replace
- To ensure new construction is complementary and respectful - this can range from an addition to a heritage building to a new building in the district.
- To protect features in the public realm that make the area unique - this includes streetscapes, lot patterns and vegetation.
What type of new construction is appropriate?
There are many examples of excellent additions and new infill construction (See "Heritage Districts") in our heritage districts.
Where can I learn more about district requirements and how to alter my property?
Each district has its own Heritage District Plan. If you want to alter your property in any way, review the Plan’s policies, design guidelines and other useful information.
How do I get a copy of a Heritage District Plan?
All Markham heritage conservation district plans are available in paper versions from the Development Services Commission at the Markham Civic Centre for a small fee.
Or you can download a PDF copy of the Heritage District Plans:
Buttonville Heritage Conservation District Plan
Design Guidelines:
Markham Village Heritage Conservation District Plan
Thornhill Heritage Conservation District Plan
Design Guidelines:
Unionville Heritage Conservation District Plan
Design Guidelines:
What types of approvals are required?
Owners of all properties in a heritage conservation district must obtain approval for exterior alterations to property, new construction or demolition. Heritage Staff has been delegated authority to approve alterations and new construction which complies with approved policies and guidelines (development approvals). Demolition requests must be considered by Markham Council.
What financial assistance is available?
Markham has created a variety of financial programs to help designated properties.
Does designation affect property values?
The word is in on whether heritage designation has an impact on the value of your property. The answer is this- if designation has any affect on real estate prices, it’s probably a good one. Find out more. Property Values (Heritage Designation).
What special features are found in heritage conservation districts?
Markham has installed heritage district public signage (see "Heritage Protection — Signage") to acknowledge the special nature of our heritage areas. These include heritage street name signage and heritage district entry signage. Streetscapes have been enhanced with special lighting, street furniture and sidewalk improvements.
Property owners in heritage conservation districts are kept abreast of district news and useful information through Heritage District News.
With almost all of the historic urban area of Markham now designated as part of one of the City's three heritage districts, the design review of new development applications for compatibility with the character of the heritage districts is a major part of the heritage planning function.
Following the design guidelines established in the District plans, attention is paid to such factors as scale, massing, materials, windows, doors, details and landscaping to ensure that all new development is compatible.
The following are some examples of compatible infill development in Markham's heritage conservation districts.
Picturesque Victorian reproduction, built 1998
Period style service station, built 1990
Victorian L-Shaped reproduction, built 1998
Canadian Italianate brick reproduction, built 1998
Edwardian Classicism reproduction, built 1998 to fit in with a street with Edwardian Character
Markham uses the following policies and legislation to protect our heritage resources:
Heritage Conservation District Plans (See "Heritage Districts")
Markham Official Plan – Heritage Policies
Markham incorporates heritage conservation into land use planning through the Markham Official Plan. This document reflects the community’s vision for change and growth, and sets out goals and objectives for land use and development. The heritage policies in the official plan provide direction for the protection of Markham’s cultural heritage resources.
Official Plan Extract: Heritage Policy [PDF]
Ontario Heritage Act
The Ontario Heritage Act Legislation is available through the Ministry of Culture website.
The Act provides the policy framework for the protection of heritage properties, including archaeological sites. It defines the municipal and provincial roles in heritage conservation, including the role of two provincial agencies: the Ontario Heritage Trust and the Conservation Review Board.
Relevant sections of the Act include:
- Section 24 Conservation Review Board
- Section 27 Register of Culture Heritage Properties
- Section 28 Municipal Heritage Committees
- Section 29 Individual Designation – Part IV
- Section 33 Alteration of Individually Designated Property
- Section 37 Heritage Easements
- Section 40, 41, 41.1 Heritage Conservation Districts – Part V- Studies
- Section 42 Heritage Conservation Districts – Part V- Alteration, Demolition
- Section 47 Archaeological Resources – Part VI
- Section 69 Prosecutions
Conservation Principles - Ministry of Culture [PDF]
Markham strives to implement the policy of the Ministry of Culture for heritage properties. The guiding principles for the conservation of built heritage properties and are based on international charters which have been established over the century. These principles provide the basis for all decisions concerning good practice in heritage conservation around the world.
Ontario Planning Act and Provincial Policy Statement
Markham understands that good land use planning includes the use of the Planning Act to help protect and conserve our local heritage resources. Markham ensures that our cultural heritage resources are given proper consideration in the planning process. We achieve this objective by:
- Maintaining an inventory of heritage resources in the form of the Register of Property of Cultural Heritage Value or Interest
- Making decisions that are consistent with the Provincial Policy Statement [PDF] (Cultural Heritage and Archaeology)
- Incorporating heritage policies in the Markham Official Plan and secondary plans for specific areas. Official Plan Extract: Heritage Policy.
- Ensuring that all development applications affecting heritage resources are reviewed by Heritage Markham and/or Heritage Section staff.
- Using the Site Plan Control (See "Development Approvals") provisions of the Act for all properties within our heritage conservation districts.
- Requiring archaeological assessments for all plans of subdivision and major redevelopment sites.
- Incorporating heritage resources into new plans of subdivision through conditions of approval and Subdivision Agreements
The Planning Act requires that decisions affecting planning matters that commenced on or after March 1, 2005 “shall be consistent with” the Provincial Policy Statement.
Section 2.6 of the Provincial Policy Statement [PDF] identifies the conservation of built heritage, cultural heritage landscapes and archaeological resources as provincial priorities for land use planning. When considering alterations to properties of cultural heritage value or interest, Markham is generally guided by the following policies and principles:
Federal Government
Standards and Guidelines for the Conservation of Historic Places in Canada
Developed collaboratively by federal, provincial, territorial and local governments, the above document provides sound and practical guidance to those involved in the conservation process.
Heritage Easement Agreements
Markham uses Heritage Easement Agreements to further protect heritage resources.
Under the Ontario Heritage Act, a municipality can pass a by-law entering into an heritage easement (legal agreement) with a heritage property owner. The agreement sets out the requirements for maintaining the property or a specific heritage feature as well as requires the property to be properly insured. The agreement is registered on title to the property and is binding on future property owners.
An information brochure on Heritage Easements is available as is Markham Council’s policy on when a heritage easement may be requested from a property owner. For example, to protect its investment of public money, Markham has required a heritage easement agreement as a condition of funding for some financial assistance programs as well as a requirement of certain development approvals.
Markham protects its heritage properties. Properties identified as being of cultural heritage value or interest are given specific levels of protection from demolition.
Protected Heritage Properties are:
- listed on Markham Register of Property of Cultural Heritage Value or Interest
- subject to a ‘Notice of Intention to Designate’ resolution passed by Council
- individually Designated Property (Part IV of the Ontario Heritage Act)
- located within a heritage conservation district (Part V of the Ontario Heritage Act)
How to Request a Demolition [PDF]
All properties that are either individually designated (See "Property Designation") or located within a heritage conservation district (See "Heritage Districts") are subject to the City’s Site Plan Control By-law for larger development projects or a Heritage Permit Application [PDF] for more minor projects.
The following information summarizes the type of approval required depending on the size and location of the project.
- Interior Alterations
- Exterior Addition/Alterations or a New Building over 50m2 in Size
- Exterior Alterations between 20m2 and 50m2 in Size
- Exterior Alterations less than 20m2 in Size
- Heritage Permit Application
1. Interior Alterations
- Any interior alterations that do not affect the exterior of the building do not require review by Heritage Markham or the Planning Department (unless a specific interior feature is identified in a designation by-law).
- If interior alterations are contemplated, the City’s Building Standards Department should be contacted to assess whether a Building Permit is required.
2. Exterior Addition/Alterations or a New Building over 50m2 in Size
- Any addition to a building that is over 50m2 in size requires site plan approval through the Planning Department.
- There is an application fee, and a site plan and elevation drawings would be required.
- The application would be circulated to City departments, Heritage Markham and any appropriate external agencies for comment.
- Residential- If approved, a short version, residential site plan agreement is prepared by the Legal Department and includes any specific City requirements (grading, tree preservation, design).
- Non-residential- A standard site plan agreement is prepared by the Legal Department.
- A letter of credit or other form of financial security is required to be deposited with the City to ensure the work is undertaken as per the approved plans.
- A Building Permit application can be submitted once site plan approval is obtained.
3. Exterior Alterations or a New Building between 20m2 and 50m2 in Size
- Any addition or alterations or new building meeting this criterion requires Minor Site Plan Approval through the Planning Department.
- The application fee is minimal, and a site plan and elevation drawings are required.
- The application is circulated to Heritage Markham and the Zoning Section for comment.
- If approved, a simple ‘sign-back’ site plan approval letter is prepared by Heritage Section staff and would include any specific City requirements (usually design related).
- A letter of credit or other form of financial security is usually required to be deposited with the City to ensure the work is undertaken as per the approved plans
- A Building Permit application can be submitted once Minor Site Plan Approval is obtained.
4. Exterior Alterations less than 20m2 in Size Fronting onto a Street
- Enlargement or modifications less than 20m2 in size that materially alters the elevation fronting onto a street (e.g. a front veranda) requires Minor Site Plan Approval through the Planning Department.
- The application fee is minimal, and a site plan and elevation drawings are required.
- The application is circulated to Heritage Markham and the Zoning Section for comment.
- Once approved, a simple ‘sign-back’ site plan approval letter is prepared by Heritage Section staff and would include any specific City requirements (usually design related).
- A Building Permit application can be submitted once Minor Site Plan Approval is obtained.
5. Heritage Permit Application
This permit form is only used when minor alterations are proposed that do not require any other permits or planning approvals. Typical projects requiring a Heritage Permit include:
- New or different wall cladding or roof treatment
- Painting
- Masonry cleaning and repointing
- New or different windows or doors
- Changes to architectural decorations (i.e. Verandas, trim, soffits, fascia, etc.)
- Front yard patios, lamp installations, awnings
- Mechanical equipment
- Structural repairs that effect the external appearance
- Fences
A Heritage Permit Application [PDF] is available here.
A Heritage Permit is not required for:
- General repairs to weather-stripping, eavestroughs, roofs, chimneys, fences, existing cladding
- Repair of broken window panes to original specifications
- Backyard patios, garden sheds, gazebos and other small outbuildings that are not readily visible from the street (and which do not require a Building Permit)
- Planting and removal of vegetation on private property (tree removal requires a separate permit)
Signage in Markham's heritage conservation districts is regulated by the City's Sign By-law. See section 10.0- Special Sign Districts (Thornhill, Unionville, Markham Village, and Buttonville District).
The Sign By-law limits the size of signs, placement, materials and illumination methods in heritage areas. This helps ensures that signs are compatible with the heritage character of these areas.
Old signs that pre-date the Sign By-law and in some cases, the Heritage Conservation District designations, are 'grandfathered' and in a number of instances, do not comply with the Sign By-law. This explains why there are still some large signs and some back-lit signs in our heritage areas. To encourage the installation of new appropriate signage, the City provides grant assistance for commercial signage replacement.
Hints for Appropriate Heritage Signage
- Signs should not block architectural features
- Place signage in traditional locations such as above the storefront or a stand-alone ground sign
- Use traditional materials such as wood and canvas awning signs as opposed to modern plastics and vinyl which are not permitted
- Use letter styles and fonts appropriate to the heritage character of the area such as Roman, Clarendon, Egyptian and sans serif styles.
- Capital letter are generally more legible than lower case
- Use heritage colours- no fluorescent or very bright colours
- Use symbols were feasible to enhance product recognition
- Light the sign with external forms of illumination (i.e. goose-neck lighting)
