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Planning, Property & Development

Development Applications and Definitions

Documentation, fee requirements and procedures for various applications including Conditional Use, Rezoning, Subdivision, and Variance.


Air Space Plan (DAASP) Application
Application for the approval of an air space plan.  An "air space plan" means a plan that delineates property boundaries in a three-dimensional space.


Alternative Equivalent Compliance (AEC)
Application to approve a landscape, fencing/screening, lighting and/or design standard alternative to the Zoning By-law's standards that requires approval from the district planner.


Attached Secondary Suite (DCU "B") Conditional Use Application
Application required only in instances when the attached secondary suite use does not meet the applicable Use Specific Standards of Zoning By-law No. 200/2006.


Communication Facility Proposal Review Application
Application to approve the location and siting of:

  • All communication antennas or towers that are 15 metres or higher regardless of whoever operates it; and
  • Antennas or towers that are less than 15 metres in height that are operated by telecommunications carriers, broadcasting undertakings or third party tower owners. 

Conditional Use (DCU "C" or "D") Application (Other Residential and Commercial Uses/Buildings)
Application for multiple-family dwelling, commercial, or industrial, uses where the use is deemed to be "conditional" under the property's zoning district. Conditional Use means a use of a building or land that may be unique in its characteristics or operation, which could have an impact on adjoining properties.


Condominium Plan of Survey (CONDO) Application
Application procedure for approving a condominum plan of survey including bareland ask zoning to look at word condo or phased condo applications, dividing a parcel of land into individually owned bareland units and common elements. The land, service areas and joint use areas are considered common elements.


Consent Application (CA)
Consent applications are generally made for two reasons:

  • To convey a portion of a title out to another title.
  • To allow for the registration of a long term lease (consent to lease) on a portion of a title.

Consent to convey applications are similar to a subdivision application in that the applicant wishes to transfer a parcel, or part lot, from a title to a separate title. For zoning purposes, the land contained within each title that may be issued as a result of approval of the consent must meet the minimum lot width and area requirements of the zoning district, have frontage on a public street, and comply with all development standards of the applicable zoning by-law.

Consent to lease applications are more complex:

  • Is the lease over 21 years, including renewal periods?
    • If less than 21 years, no consent from the City of Winnipeg is required.
  • What area does the lease cover?
    • If it covers the whole title, then no consent is needed.
    • If it only covers the floor space of a building, then no consent is needed.
    • If it is only a portion of the title, a Plan of Survey may be required.

Detached Secondary Suite/ Care Home (DCU "C") Conditional Use Application
Application is required when the detached secondary suite use is deemed to be "conditional" under the property's zoning district. Conditional Use means a use of a building or land that may be unique in its characteristics or operation, which could have an impact on adjoining properties.


Development Agreement or Development Agreement Amendment / Servicing Agreement or Servicing Amendment
A Development Agreement is required as a condition of approval for a subdivision and rezoning application for the installation of municipal services and plan considerations, which can be registered by way of caveat on the title of the property it affects. The public hearing process is required for an amendment to a Development Agreement for which approval by Council is required.

A Servicing Agreement is required as a condition of approval for a subdivision and/or rezoning application to facilitate the extension and installation or upgrade of existing municipal services and plan considerations and which can be registered by way of caveat on the title of the property it affects.  The public hearing process is required for an amendment to a Servicing Agreement for which approval by Council is required, unless a short form subdivision, which requires approval by the Standing Policy Committee on Property and Development, Heritage and Downtown Development. 


Downtown Variance and Conditional Use (DAV/DCU "B") Application
The Downtown Winnipeg Zoning By-law is the instrument used to regulate land use and to promote orderly development and design within the Downtown. There are rules for development regarding residential and non-residential use, bulk, parking and loading, signs and urban design. When it is either impossible or impractical to meet these requirements, a Variance (DAV) application may be filed to modify provisions of the Zoning By-law.

Conditional Use means a use of a building or land that may be unique in its characteristics or operation, which could have an impact on adjoining properties.  In accordance with the City of Winnipeg Charter, a Conditional Use is a use of land listed as "Conditional" within the use table of a zoning district.


Draft/Pre-Application
An optional application made in advance of submitting a formal development application to obtain written input from appropriate City departments as well as the Ward Councillor. The document addresses the opportunities and constraints of a specific development proposal prior to making a formal development application. An applicant may apply for a draft/pre-application for the following:

  • A proposed rezoning
  • A proposed zoning agreement amendment
  • A proposed plan of subdivision
  • A variance
  • A conditional use
  • A proposed secondary plan by-law
  • A proposed Complete Communities Direction Strategy By-law Amendment
  • A proposed OurWinnipeg Plan By-law amendment
  • Any combination of the above (but not Building Code or design reviews of any type)

Fees paid for the Draft/Pre-Application will be credited toward the future Development Application fees payable imposed under the Planning, Development and Building Fees By-law.


Extension of Time
An application procedure initiated by the applicant and/or land owner of an existing subdivision and/or rezoning development application whereby the application is not able to proceed expeditiously and achieve the time limit expiry conditions imposed under Council's approval. Extentions may be applied for under the following conditions:

  • The application has not proceeded expeditiously and the by-law will not be not passed within two years after adoption of the report by Council;
  • The by-law has not come into force and effect by the registration of the Plan of Subdivision and/or rezoning in the Winnipeg Land Titles Office by caveat against the subject land along with related agreement(s), if applicable, all within the one year from the date the by-law was passed by Council.

In both cases, the extension of time shall be applied for prior to the expiry of periods imposed by Council (minimum three months recommended).


Home-Based Business (Major) Conditional Use (DCU "B") Application
Any use not listed as a permitted Home Occupation and not listed as a prohibited Office Facility may be approved as Conditional Use pursuant to provisions of the City of Winnipeg Charter.


OurWinnipeg Amendment Application
An application to amend the "OurWinnipeg Plan By-law" which is Winnipeg's 25-year planning document that guides the physical, social, environmental and economic development of the city as required by The City of Winnipeg Charter. This application does not apply to any amendments made to the "Complete Communities Direction Strategy By-Law." Amending Complete Communities requires a Secondary Plan Amendment application.


Parking Management Plan (PMP)
An application to approve an insufficient amount of parking for a property, provided that the district planner supports it. If the planner does not support the parking management plan, a parking variance must be applied for to address the deficient parking.


Plan Approval/Design Review
An application typically specified as part of the conditions of a development application (e.g. Zoning Agreement, Variance, Conditional Use) or as dictated by the Zoning By-law (e.g. Planned Development Overlay) and must be approved prior to the issuance of any building or development permits for the property.


Plan of Subdivision and Rezoning (DASZ) Application
Application procedure for rezoning property, including creating new or modifying existing lots or the consolidation of lands. May also include the creation of a public street or lane. The public hearing process is required.


Plan of Subdivision (DAS) Application (that creates a street)
Application procedure for subdividing property, including consolidation of lands where a new public street or lane is being created and a zoning change is not required. The public hearing process is required.


Plan of Survey (DAPS) Application
Parcel Plans are generally prepared for descriptive purposes and when registered at Land Titles do not in themselves divide the title. "Parcels" as opposed to "Lots" characterize plans of Survey and letters (A, B, C) identifies parcels. The City of Winnipeg must approve the application before Land Titles will accept the registration.


Request for Zoning Letters
Application to request any zoning information in writing, including verification of existing and proposed uses, zoning memorandums, verification of a property's zoning district, zoning or land use history, and lot of record searches.


Residential and Commercial Tolerance (DAV "A") Application
Application that is a minor variance granted by the Zoning Administrator.


Residential Conditional Use (DCU "B") Application (Single Family Dwelling or Two Family Dwelling)
Application required for single and two-family dwellings where the use is deemed to be conditional under the property's zoning district. A Conditional Use means use of a building or land that may be unique in its characteristics or operation, which could have an impact on adjoining properties. 


Residential Zoning Variance (DAV "B") Application (Single Family Dwelling or Two Family Dwelling)
Application required for single and two-family dwellings where certain Dimensional Standards of the Zoning By-law cannot be met. A variance is a request to modify those standards as applied to a specific property. 


Rezoning (DAZ) Application
Application procedure for rezoning property without creating new or modifying existing lots or for a zoning text amendment. The public hearing process is required.


Secondary Plan (SP) / Secondary Plan Amendment (SPA) Application
Application to create a new Secondary Plan (SP) or amend any Secondary Plan By-Laws (SPA). A Secondary Plan includes a neighbourhood or area master plan, neighbourhood or area structure plan, or precinct plan that is intended to align with the policies under OurWinnipeg and guides the development or redevelopment of a specific area. This application applies to any amendments made to the "Complete Communities Direction Strategy By-Law."


Short Form Plan of Subdivision (DASSF) Application (that does not create a street)
Application procedure for subdividing property, including consolidation of lands where a new public street or lane is NOT being created and a zoning change is not required. The public hearing process is not required unless an agreement for subdivision or servicing is necessary.


Subdivision Agreement Amendment (SAA) Application
A Subdivision Agreement is required as a condition of approval for a short form subdivision application for various reasons such as plan considerations for future development or imposing restrictions on development which can be registered by way of caveat on the title of the property it affects. The public hearing process is required for an amendment to a subdivision agreement for which approval by the Standing Policy Committee on Property and Development, Heritage and Downtown Development is required.


Urban (Downtown) Design Review Application
Required for all development, redevelopment, expansion, demolition or exterior alterations within Downtown Winnipeg under Zoning By-Law No. 100/04, whether or not the proposal requires a permit or other approval.


Variance (DAV "C" or "D") Application (Other Residential and Commercial Uses/Buildings)
Application required for multiple family dwelling, commercial, industrial, etc. where certain Dimensional Standards of the Zoning By-law cannot be met. A variance is a request to modify those standards as applied to a specific property.


Zoning Agreement Amendment (ZAA) Application
A Zoning Agreement may be required as a condition of approval for a development application such as rezoning, conditional use or variance. The Zoning Agreement may impose additional approvals and/or restrictions and which can be registered by way of caveat on the title of the property it affects. The public hearing process is required for an amendment to a servicing agreement for which approval by Council is required.


 

Definitions

Consent to convey applications are similar to a subdivision application in that the applicant wishes to transfer a parcel, or part lot, from a title to a separate title. For zoning purposes, the land contained within each title that may be issued as a result of approval of the consent must meet the minimum lot width and area requirements of the zoning district, have frontage on a public street, and comply with all development standards of the applicable zoning by-law.


Consent to lease applications are more complex:

  • Is the lease over 21 years including renewal periods?
    • If less than 21 years, no consent from the City of Winnipeg is required.
  • What area does the lease cover?
    • If it covers the whole title, no consent is needed.
    • If it only covers the floor space of a building, no consent is needed.
    • If it is only a portion of the title, a Plan of Survey may be required.

Control Strip
This is a strip of land typically owned by the City of Winnipeg which is located between a public right-of-way and privately owned property. The strip is intended to prevent access and/or development until former developer obligations have been satisfied. The strip would be purchased and consolidated with the developer's land.


Manitoba Land Surveyor
He or she is the person charged with the responsibility of advising on or determining the location of all corners or boundaries of property within the Province of Manitoba, Canada Lands excepted. The land surveyor's authority is granted under the Land Surveyors Act, C.C.S.M. c. L60. The land surveyor is a professional with a specialized knowledge of the legal aspects of real property, land use, and planning. The land surveyor has been trained in the mathematical and related sciences pertinent to their field and is required to meet high standards of qualifications before being authorized to practise.


Mylar is the plan of subdivision or plan of survey prepared in an acceptable form deemed the legal instrument that may be registered at the Land Titles Office.


Rights-of-Way Closing (DAC)
Application procedure for the closing of a street, lane or walkway (public right-of-way) for which the public hearing process is required. Contact 311 to make an application or for more information.


Rights-of-Way Opening (DAO)
Application procedure directed by the Public Service for the opening of a street, lane or walkway (public right-of-way). Contact 311 to make an application or for more information.


Rights-of-Way Opening & Closing (DAOC)
Application procedure in conjunction with a long form plan of subdivision for the approval of both an opening and a closing of a street, lane or walkway (public right-of-way) for which the public hearing process is required. Contact 311 to make an application or for more information.


Last update: May 28, 2018