Information about rezoning property when not creating new lots, parcels, or modifying existing land assembly
An application for rezoning can be made by the owner of a parcel of land, by a person authorized (in writing by the owner) to make the application, or by the Chief Administrative Officer of the City of Winnipeg. To make a rezoning application, you must:
- Submit an application with the Zoning & Permits Branch at Unit 31 - 30 Fort Street. Learn about application requirements and fees.
- Pay the cost of required newspaper advertisements.
- Attend a public hearing.
- Divides each part of the City into Zoning Districts, i.e.: "R1" Single-Family District, "C1" Commercial Neighbourhood District, or "M1" Light Manufacturing District
- Separates residential, commercial and industrial land development and regulates specific land uses and buildings
- Made up of text and maps
- Zoning Districts have certain land uses that are:
- Permitted outright
- Conditional upon approval
- Each Zoning District has rules for the location and size of buildings.
- Regulations are listed in detail, such as setbacks (yards), height limits, or other requirements.
- Changes zoning designation and regulations on a parcel of land
- Deals with a specific parcel or parcels of land
- States the Zoning District(s) that apply to the land as well as those proposed to apply to the land
- Changes the rules of development to allow a land use that cannot be established under existing zoning regulations
- Takes effect when City Council passes a rezoning bylaw to amend the existing bylaw and any relevant caveats such as a zoning, servicing and/or easement agreement(s) registered at the Winnipeg Land Titles Office
If a proposed rezoning is a secondary application to a former underlying development application that subdivides or changes the legal description or zoning district, the underlying plan and related agreements shall be registered first with the Winnipeg Land Titles Office prior to submission of the secondary application. New status of title(s) will be required for submission as proof of registration for the underlying plan to proceed with an application to further rezone the land.
The time required to obtain final approval of an application may vary, depending on the scope of the proposal and the number and type of conditions. An application can take six to 18 months to complete. Therefore, it is important to be cautious in scheduling any planned development on the land, as well as determining realistic possession dates with respect to the sale of a rezoned lot. The time required to complete a rezoning varies because:
- Some applications are more complex than others.
- Due to the different types of agreement(s) the developer is required to enter into with the City of Winnipeg.
Payments can be made in-person, by mail, or by calling Permits Direct Line at 204-986-5140 Individual invoices of more than $10,000 must be paid by cheque or bank draft, which can be made payable to the "City of Winnipeg".
Application fees must be paid up front before an application can be circulated to other City departments for review. Please refer to document checklists under “Application Submission Requirements” to ensure the required documentation and plans have been supplied to avoid delays in processing.
*Note: Once the City of Winnipeg has determined that the application is complete for circulation, it will be sent to the Land Development Branch to process and review. Depending on your application type, y additional fees may be required. The fees can only be determined after the application has been circulated to various departments for review, which could include the following:
- Advertising fees (on Public Hearing application types as determined by local newspapers)
- signing/lot/parcel fees (per lot/parcel created on plan)
- Consent Certificate fees
- 10% dedication fees (in lieu of dedicating land)
- Agreement fees
- Legal document preparation fees
- Administrative fees associated with a Development or Servicing Agreement
- Deposits for survey monuments, sod and/or tree planting
- Oiling & graveling fees where applicable
- Levies such as Charleswood Transportation Levy, Seine River Acquisition Charges
- Trunk service rates
- Securities/letter of credits
- Spatial separation review
Applications are reviewed for conformity to adopted plans and zoning by-laws.
- If an application does not conform to an adopted plan, an amendment to that plan will be required before your rezoning can be referred for approval.
- A Zoning Development Officer determines if a proposal conforms to relevant zoning regulations.
- If a variance of the zoning regulations is required, it would have to be approved before a rezoning can be finalized.
- The District Planner provides planning advice on the application, including changes that might be recommended as desirable or necessary to gain approval. .
Your application is then circulated to concerned stakeholders, such as public utilities and other City departments, for review and comment regarding what conditions may be necessary for approval of the rezoning. Required conditions may include:
- To allow development to take place on proposed lot, the public street or lane bordering the property may require a widening, upgrading or underground services may need to be extended, upgraded or installed to accommodate a proposed development. A Servicing Agreement or a secondary application for a public right-of-way opening to facilitate these requirements may be necessary.
- You may be responsible for all or part of those costs.
An application may be reviewed by a committee of City officials, known as the Administrative Coordinating Group (ACG). They may recommend amendments to the plan, conditions to be set on the approval, or reject the proposal.
- You can discuss ACG recommendations with the appropriate City staff members. After considering the position of the ACG and/or District Planner, you have the opportunity to request the application be withdrawn, or be further processed.
- If you wish to proceed with an application, your proposed rezoning would be advertised for a public hearing before the applicable Community Committee. The application must be advertised by publishing the proposal once in two daily newspapers with a general circulation in the City and site posters, 14 days clear of the day of the public hearing. You are responsible for advertising costs.
- The chairperson of the ACG and the District Planner each prepare a report with recommendations, submitted to the applicable Community Committee for its consideration, at which time you or your representative may wish to appear to speak on behalf of your proposal and answer any related questions. It is important to note that there are no further public representations after the public hearing.
Hearing dates are selected by the Land Development Branch once the application review process is complete. The Branch manages and coordinates the application’s review and approval processes through to completion.
- The applicant and any other persons in support of the rezoning application should be prepared to speak in favour of the proposal and to answer any questions. Any person who wishes to support or oppose the rezoning application may also appear. The Community Committee considers letters in support or opposition from persons who cannot attend the public meeting.
- It is useful to present drawings of the proposed development and to explain the effect on adjacent properties.
- Be prepared to address specific concerns from persons in opposition and to make changes in the proposed development to satisfy those in opposition.
- Those in opposition to the proposed zoning change should:
- Attend the public meeting
- Speak about their reasons
- Select a limited number of spokespeople for large groups
- Refrain from repeating the same arguments
- Try to understand the details of the proposed zoning change
- Focus on the issues considered by the Community Committee
- Advertisements for public meetings (in newspapers and on posters) include the telephone number of the District Planner. They can help you understand the planning rationale of the rezoning application.
- There are no public representations after the public meeting.
- If you have written to the Community Committee or registered your attendance at the public meeting, you will be advised of each step in the process by mail.
- At the conclusion of the public meeting, the Community Committee recommends approval or rejection of the development application. The approval may be only for part of the proposal or may be subject to conditions.
The Community Committee concludes the public meeting with a recommendation to the Standing Policy Committee on Property and Development, Heritage and Downtown Development which in turn considers the development application and makes a recommendation to the Executive Policy Committee (EPC). The EPC considers all previous recommendations and makes a recommendation to City Council, who makes the final decision.
You will be advised of the conditions to be fulfilled to obtain final approval. These conditions may include any or all of the following:
- Payment of fees such as cash in lieu of land dedication, agreement preparation fees, etc. for by-law preparation and enactment by Council
- Construction of municipal services, rights-of-way, water mains, sewers and land drainage facilities if applicable
- Provision of easements in favour of the City
You may also be required to enter into a Zoning Agreement with the City. A Zoning Agreement may make provision that all building plans must be approved at Community Committee prior to issuance of a building permit. It may also establish special height and/or density limitations and prohibit certain land uses. You may also be required to enter into a Servicing Agreement to fulfill servicing and/or additional requirements as adopted by Council.
You may also be required to enter into a Servicing Agreement to fulfill servicing and/or additional requirements as adopted by Council.
Once an application has been adopted by Council, the applicant can proceed to satisfy all conditions required in that approval.
Council approval may include time restrictions for completion (usually two years to have a by-law enacted). After bylaw enactment, you will have one year to complete your application and register any applicable legal documents for the by-law to come into force and effect.
- If an extension of time is requested, an application will be reviewed to determine if circumstances affecting the application have changed.
- Payment of an extension of time application fee is required.
- All outstanding application fees are subject to change to reflect current rates.
Building permits are not issued until the rezoning and related agreements and/or easements have been registered with the Winnipeg Land Titles Office.
After Council adopts the by-law, all necessary agreements have been executed, all monies have been paid, and the related legal documents are released to the applicant or their legal representative for final registration at the Winnipeg Land Titles Office, your rezoning comes into force.
Following the posting of securities required under the Development or Servicing Agreement to guarantee maintenance warranty and builders' liens, installation of the physical improvements in your development can proceed
- Public engagement is an important part of the planning and development process. Receiving input from community stakeholders at the appropriate time is fundamental to the success of any project.
- The type of public consultation to be conducted (e.g. door to door canvassing, open house, or town hall format) is determined by the applicant and should consider the nature of the proposal as well as the scope of the impact on other properties. If you have questions about what type of public consultation is best for the project, contact the District Planner.
- If you decide to host an open house, please refer to the Public Open House Guidelines.
- When submitting a formal application, please include a summary of the results of the public consultation containing at a minimum, the following:
- Number of people consulted as well as their addresses;
- Copies of all letters and other written communications received;
- If an event is held: a list of attendees, including names, addresses and phone numbers (where provided voluntarily);
- If an event is held: how people were notified of the event (i.e. newspaper advertisement, flyer in mailbox, etc.);
- A letter of response outlining how all the concerns and issues raised by the public were addressed.
To submit an application, contact the Zoning & Permits Branch at 204-986-5140. They will provide advice on whether a proposal complies with zoning regulations and relevant City plans
Contact the Urban Planning & Design Division at 311 for planning advice on the subdivision as it relates to orderly development.
Contact the Land Development Branch at 311 for an explanation of the overall development application’s review and approval process which they manage and coordinate on behalf of the City. They can also direct you to any other stakeholders you should consult.