Background Information on Zoning Bylaw
What is a Zoning By-law?
The Zoning By-law is the City’s key regulatory tool for implementing planning policy. The By-law forms part of a hierarchy of tools available to municipalities for guiding and managing development. The City of Winnipeg Charter outlines the City’s powers and the tools and authorities available to it as part of the planning hierarchy.
Zoning By-laws are the primary instrument available to translate City Council’s policy intent for specific parcels of land. They are a key tool for implementing the City’s land use and development policies as expressed through the City’s Development Plan – Plan Winnipeg, and Secondary Plans. A Zoning By-law is a legal framework that generally provides regulations related to land use and the placement and siting of buildings and other features, on the land.
Why do we need zoning?
- protect property values
- provide some sense of predictability of development patterns
- ensure incompatible uses don’t get built next to each other
- provide transparency for investment decisions
- provide a tool that allows for public input into development process (variance, conditional use, rezoning hearings and appeals
Winnipeg Zoning By-law 6400/94
The City of Winnipeg Zoning By-law No. 6400/94 covers the entire city with the exception of the downtown area (Winnipeg’s downtown area is covered by a new Zoning By-law No. 100/2004 that was adopted on June 23, 2004). The Winnipeg Zoning By-law was adopted on February 1, 1995 and has been amended periodically to accommodate emerging development and land use trends.
To view or print an official copy of the Winnipeg Zoning By-law 6400/94, please refer to the City Clerk’s By-laws website.
What does a Zoning By-law normally include?
Winnipeg Zoning By-law No. 6400/94 is structured to include a number of Zoning Districts, Zoning Administration procedures, Definitions and common regulations for Parking and Loading, Signs, and Home Occupations. The basic zoning typology separates the Zoning Districts according to the major land use types across the city – rural, parks and recreation, residential, commercial, industrial, and mobile home park. Each Zoning District includes rules and regulations for managing the development of parcels of land bearing those designations.
Integrated Planning Model (IPM)
The Zoning By-law must generally be congruent with the City’s Development Plan – Plan Winnipeg…2020 Vision. City Council recently adopted a report entitled: An Integrated Planning Model (IPM). The IPM spoke to the need for the planning and regulatory environments to be congruent, that is, “a system whereby the codes being enforced by a municipality are entirely reflective of the desires of those in a position of governance. In practice, this means that plans and policies adopted by Council must be supported by the by-laws. By-laws, therefore, need to be kept current of changes in plans and policies”. The IPM indicated that this by-law and code updating should be an ongoing function.
Relationship to Winnipeg Development Plan
Plan Winnipeg contains policies that assist in guiding the preparation of zoning regulations.
To view or print an official copy of Plan Winnipeg…2020 Vision.
The Zoning By-law has not been updated since a new Plan Winnipeg…2020 Vision was adopted on December 1, 2002 following its last 5-year review. A Zoning By-law is not a static document; it should evolve with changing conditions in the community and reflect current and emerging development trends. At a minimum, the Zoning By-law should be reviewed on a regular basis, immediately following any major changes to the Development Plan, or other significant planning policy. During the time between Development Plan reviews, the Zoning By-law can be amended as required to accommodate new development patterns and new forms of development. This comprehensive review now constitutes the opportunity to bring the Zoning By-law into alignment with the plan’s new policy direction.
Advantages of Existing Zoning By-law Model
The City of Winnipeg has utilized a traditional (Euclidean) zoning by-law model since the original inception of town planning schemes and zoning by-laws in the 1940s and 50s. This zoning by-law model has served the City well as:
- the public understands it
- it separates incompatible uses
- it is prescriptive; it is fairly clear on what you can and cannot do
- Administrative staff have a lot of experience and practice with it
- it is easy to vary; most waivers of the requirements are generally approved
Disadvantages of Existing Zoning By-law Model
The current by-law adopts a traditional (Euclidean) zoning by-law model, separating development into single use districts and defining use and bulk requirements on a site-specific basis. Traditional-style zoning by-laws discourage innovation and foster single-use rather than mixed-use developments, separation of uses (in some cases, resulting in large distances between uses), dependence on the automobile rather than pedestrian-oriented neighbourhoods, “cookie cutter” neighbourhood design rather than innovative and healthy neighbourhood design, strip rather than cluster commercial development, and a predominance of private space rather than actively used public spaces
Why Review the Zoning By-law?
In addition to the disadvantages listed above, the current by-law is written in complex, legal and planning language, and includes requirements that are difficult to enforce (i.e., industrial noise requirements). It also opens itself to multiple interpretations because the regulations are not tied to specific policy objectives. This approach is no longer congruent with Council’s policy direction as adopted by recent amendments to Plan Winnipeg, the City’s guiding document.
Concerns about the existing by-law also extend to the by-law’s usefulness as a planning tool. The high number of Variances and Conditional Uses received each year combined with the number of listed uses that no longer exist, is a sign that the by-law is out-of-date and not effective in assisting Council to make good development decisions
Requests continue to be received for issue-specific amendments to the by-law. The cumulative effect of these requests has been the impetus for this review. A comprehensive review provides the opportunity to ensure that complementary sections of the by-law are reviewed together, through an integrated approach.
Last update:
09/05/2008
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