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THE CITY OF WINNIPEG

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THE CITY OF WINNIPEG

    THE CITY OF WINNIPEG

    BY-LAW NO.

    A By-law of THE CITY OF WINNIPEG to impose

    planning, development and building fees.

     THE CITY OF WINNIPEG, in Council assembled, enacts as follows:

Short Title

    1 This By-law may be cited as “The Planning, Development and Building Fees By-law,

    2008.

Definitions and interpretation

    2 In this By-law

    “apartment building”, for the purposes of Parts 11 to 24, means a building

    (a) more than three storeys in height;

    (b) containing more than two dwelling units sharing one or more entrances

    and exits; and

    (c) which may also contain one or more commercial occupancies;

    and, where these qualifications apply, includes religious residences, senior’s residences

    and condominiums.

    “building permit” means a permit issued pursuant to section 14 of the Winnipeg

    Building By-law.

    “commercial”, for the purposes of Parts 11 to 24, means all buildings except single-

    family dwellings or two-family dwellings and associated accessory buildings.

    “declared value” of construction work means the total monetary worth of the work

    calculated in compliance with subsection 14.2.3 of The Winnipeg Building By-law.

    “designated employee” means the Director of Planning, Property and Development for

    the City of Winnipeg and any employee of the City to whom the Director has delegated a

    duty or authority under this By-law.

    “development agreement” means an agreement required as a condition of approval

    for a development application that addresses the installation of municipal services within

    new streets and lanes.

    “development permit” means a permit authorizing a development that could be issued

    under either the Downtown Winnipeg Zoning By-law or the Winnipeg Zoning By-law.

By-law No. 2

    “Director” means the Director of Planning, Property and Development for the City of

    Winnipeg.

    “Manitoba Building Code” means the Manitoba Building Code adopted by the

    Lieutenant Governor in Council pursuant to The Buildings and Mobile Homes Act and

    adopted by the Winnipeg Building By-law.

    “multiple-family dwelling” has the same meaning as in the City of Winnipeg Zoning

    By-law and the Downtown Winnipeg Zoning By-law but, for the purposes of Parts 11 to

    24, means a building

    (a) three or fewer storeys in height;

    (b) containing three or more separate dwelling units sharing one or more

    exits or entrances.

    “National Plumbing Code” means the National Plumbing Code adopted by Lieutenant

    Governor in Council by regulation pursuant to The Buildings and Mobile Homes Act and

    adopted by the Winnipeg Building By-law.

    “row housing” has the same meaning as in the Winnipeg Zoning By-law.

    “servicing agreement” means an agreement required as a condition of approval for a

    development application unless the agreement is a development agreement.

    “single-family dwelling” has the same meaning as in the Winnipeg Zoning By-law.

    “two-family dwelling” has the same meaning as in the Winnipeg Zoning By-law.

    “zoning agreement” means an agreement required as a condition of approval for a

    zoning application, including a rezoning, conditional use and variance application.

    PART 1 GENERAL

Fees general

    3(1) The fees imposed in this By-law are cumulative and the applicability of one fee does not

    in itself imply that another fee imposed in this By-law is not also applicable to a person,

    development or construction project.

3(2) Where a fee imposed in this by-law is a sum that is not a whole dollar, it shall be

    rounded up or down to the nearest whole dollar.

Reduction for downtown development

    4 Any fee imposed by this By-law is hereby reduced by 10% for any development or

    construction within the area governed by the Downtown Winnipeg Zoning By-law.

By-law No. 3

Late payment or non-payment of fees

    5 Where a fee imposed by this By-law has not been paid 30 days after it is due and

    payable, the following administrative fee is hereby imposed $50.00

Fees payable when application is made

    6 Unless otherwise specified in this or another By-law:

    (a) all fees imposed by Parts 2 to 8 of this By-law are payable at the time of

    application; and

    (b) all fees imposed by Parts 9 to 22 are payable immediately prior to issuance of

    the permit, licence, certificate or other document to which the fee applies.

Director is designated employee

    7 The Director and his or her delegates may conduct inspections and take steps to

    administer and enforce this By-law and, for those purposes, have the powers of a “designated

    employee” under The City of Winnipeg Charter.

Address for service

    8 Where an address for service or delivery of a notice, order or other document referred to

    in this By-law must be determined, it shall be done as follows:

    (a) if the person to be served is an applicant or permit holder, the address provided

    by the person at the time of application;

    (b) if the person to be served is the owner of real property, the address maintained

    by the tax collector for the purpose of issuing the tax notice for that property; or

    (c) if the person to be served is the occupant of real property, the street address for

    that property.

Appeals

    9(1) An appeal from an order or decision of a designated employee in respect of issuing,

    granting, suspending or canceling, or refusing to issue or grant, a licence, permit, approval or

    consent may be made to the Standing Policy Committee on Property and Development in

    accordance with The City of Winnipeg Charter.

9(2) An appeal under this By-law must be filed within seven days after the appellant has been

    notified of the order or decision.

    PART 2 SUBDIVISIONS

Definitions

    10 In this Part

    By-law No. 4

“air space plan” means a plan that delineates property boundaries in a three-

    dimensional space.

“CA” means a consent.

    “CONDO” means a development application for the approval of a condominium plan of survey.

    “consent” means the consent of the City of Winnipeg to the conveyance of title without the registration at the Land Titles Office of a new plan or for the registration at the Land

    Titles Office of a lease that exceeds 21 years in length.

    “DAASP” means a development application for the approval of an air space plan.

    “DAC” means a development application for the closing of a street, lane or walkway.

    “DAO” means a development application for the opening of a street, lane or walkway.

    “DAOC” means a development application for the approval of both an opening and a closing of a street, lane or walkway.

    “DAPS” means a development application for the approval of a plan of survey.

    “DAS” means a development application for the approval of a plan of subdivision for which a public hearing is required and which will, upon registration, subdivide property

    and create new rights-of-way.

    “DASSF” means a development application for the approval of a plan of subdivision for which a public hearing is not required and which will, upon registration, subdivide

    property but will not create any new rights-of-way.

    “DASZ” means a development application for the approval of a plan of subdivision and the rezoning of the land contained therein.

    “mylar” means a plan of subdivision or plan of survey in a form that can be registered at the Land Titles Office.

“plan of survey” means a plan describing one or more parcels of land which, when filed

    at the Land Titles Office, does not have the effect of subdividing a title.

    “SAA” means a development application for an amendment to a subdivision agreement.

“subdivision agreement” means an agreement required as a condition of approval for

    a subdivision application and which can be registered by way of caveat on the title of the

    property it affects.

    Plans of subdivision

    11 The following fees are hereby imposed with respect to plans of subdivision:

By-law No. 5

    (a) DAS fee $1,192.00

    (b) DASSF fee $491.00

    (c) DASZ fees $1,192.00

    (d) Extension fees:

    (i) fee for the extension of the time period approved by Council for the

    enactment of a by-law under a DAS or DASZ file $288.00

    (ii) fee for the administrative re-approval of a plan of subdivision under

    DASSF $288.00

    (iii) fee for the extension of the time period for the Standing Policy Committee

    on Property and Development to complete a DASSF application $288.00

    (iv) fee for the extension of the one year limitation for registration of a plan of

    subdivision in the Winnipeg Land Titles Office $180.00

    (e) Mylar signing fees, which are payable prior to the release of mylars for

    registration

    (i) for each lot within the plan $48.00

    (ii) minimum lot fee for each plan $132.00

Plans of survey

    12 The following fees are hereby imposed with respect to plans of survey:

    (a) DAPS fee $491.00

    (b) Mylar signing fee, which are payable prior to the release of mylars for registration

    (i) for each parcel within the plan $48.00

    (ii) minimum fee for each plan $132.00

Subdivision, servicing and development agreements

    13(1) Where an agreement is required as a condition of approval for an application under this

    Part, the following fees are hereby imposed:

    (a) Subdivision agreement $266.00

    (b) Servicing agreement $530.00

    (c) Development agreement $1,319.00

By-law No. 6

13(2) Fees imposed for a subdivision agreement, a servicing agreement and a development

    agreement are payable prior to referral of the application to the relevant Committee of Council.

Subdivision Park Plan Reviews

    14 The following fee is hereby imposed for the review of the plan for a park required as a

    condition of a subdivision $150.00

Subdivision agreement amendments

    15 The following fee is hereby imposed for a subdivision agreement amendment $564.00

Condominium plan

    16 The following fees are hereby imposed with respect to condominium plans:

    (a) CONDO fee $338.00

    (b) Condominium plan fees, which are payable prior to the release of plans for

    registration

    (i) for each plan $48.00

    (ii) minimum fee for each condominium complex $132.00

Consents

    17(1) The following fees are hereby imposed with respect to consents:

    (a) CA fee $356.00

    (b) Certificate of consent, each $132.00

    (c) Certified copy of a certificate, each $48.00

17(2) Fees for a certificate of consent and certified copy of a certificate are payable prior to the

    release of the certificate.

Air space plans

    18 The following fees are hereby imposed with respect to air space plans:

    (a) DAASP fee $410.00

    (b) Mylar signing fees, which are payable prior to the release of mylars for

    registration

    (i) for each parcel created by plan $48.00

    (ii) minimum fee $132.00

By-law No. 7

Street, lane and walkway openings and closings

    19 The following fee is hereby imposed for filing an application for a street, lane or walkway

    opening or closing:

    DAO, DAC or DAOC fee $745.00

Advertising fees

    20 Where a public hearing is required for any application under this Part, an advertising fee

    is hereby imposed which

    (a) is equal to the per line fees charged for newspaper advertisements, excluding the

    banner and trailer lines and excluding the costs of advertising in the second

    official language where this is required; and

    (b) is payable prior to the advertisements appearing.

Review service fee

    21 The following fee is imposed for a review by the City of Winnipeg of spatial separation or

    party wall acknowledgement undertakings prior to their filing at the Land Titles Office and is

    payable prior to the review $132.00

    PART 3 - ZONING FEES

Definitions

    22(1) In this Part

    density variance” means an application for an increase in the permitted density of

    land as set out in applicable by-law.

    use variance” means an application for a temporary change of land use that is

    substantially similar to a use permitted under the zoning by-law being modified by the

    variance.

    “DAZ” means a development application for the rezoning of land or for a zoning text

    amendment.

22(2) Terms defined in the Downtown Winnipeg Zoning By-law and the Winnipeg Zoning By-

    law have the same meaning in this Part.

Zoning by-law amendment

    23 The following fees are hereby imposed with respect to applications for rezoning of

    properties or a text amendment to a zoning by-law:

    (a) DAZ fee $1,172.00

By-law No. 8

    (b) Fee for the extension of the time period approved by Council for the coming into

    force of a zoning by-law amendment $427.00

Servicing and zoning agreements

    24(1) Where an agreement is required as a condition of approval for applications referred to in

    this Part, the following fees are hereby imposed:

    (a) Servicing Agreement $530.00

    (b) Zoning Agreement $266.00

24(2) Servicing agreement fees must be paid prior to referral to the relevant Committee of

    Council.

24(3) Zoning agreement fees must be paid prior to execution of the agreement.

Zoning agreement amendment

    25 The following fee is hereby imposed for zoning agreement amendments $1,032.00

Development permits

    26(1) The following fees are hereby imposed for development permits for single-family and

    two-family dwellings:

    (a) New site construction or additions to existing principal buildings $100.00

    (b) New accessory buildings or additions to accessory buildings $34.00

26(2) The following fees are hereby imposed for development permits other than for single-

    family and two-family dwellings:

    (a) New site developments or new construction $272.00

    (b) Site redevelopments or additions or exterior alterations to existing buildings

     $136.00

    (c) Changes of use $68.00

    (d) New construction of or additions to accessory buildings $68.00

26(3) The following fee is hereby imposed for development permits for temporary events and

    uses $68.00

26(4) The following fee for each application is hereby imposed for a development permit for

    the erection of tents $13.00

26(5) In addition to the fees for signs imposed by Parts 5, 9 and 14 of this By-law, the following

    fees are hereby imposed for a development permit for the following signs:

By-law No. 9

    (a) Free standing sign $34.00

    (b) Other than free standing signs $19.00

    (c) Replacement of sign faces $13.00

26(6) The following fee is hereby imposed for a development permit for a home-based

    business $149.00

26(7) A fee in the amount of half the fee that would otherwise be charged for a new

    development permit is hereby imposed for an amendment to a previously approved

    development permit.

Variance applications

    27(1) The following fees are hereby imposed on applications to vary zoning regulations:

    (a) Single-family or two-family dwelling on a single site $338.00

    (b) Temporary use variance and/or density variance $969.00

    (c) Other variance applications not specified in this Part $672.00

27(2) In respect of single-family or two-family dwellings, where an application is made for

    (a) multiple variances in respect of the same site; or

    (b) identical variances in respect of multiple sites owned by the same person;

the following fee is imposed for the second and each additional variance $35.00

27(3) Where an application seeks multiple variances of the type referred to in clause (1)(c),

    the following fee is imposed for the second and each additional variance with respect to the site

     $132.00

27(4) The following fee is hereby imposed for an application to vary the maximum building

    height in a residential multi-family large zoning district $1,200.00

27(5) A variance fee is applicable to a parcel of land that has been or will be severed from a

    larger holding, and has or will contain a single-family or a two-family dwelling.

Variance applications to the designated employee

    28(1) The following fees are imposed for variance applications that the designated employee

    has authority to determine:

    (a) For single-family and two-family dwellings

    (i) variance less than 7.62 cm, per lot $100.00

By-law No. 10

    (ii) variance of 7.62 cm or more and within the limit permitted by the By-law

    for approval by the designated employee, per lot $201.00

    (b) For buildings, structures and land other than single-family and two-family

    dwellings:

    (i) variance less than 7.62 cm, per lot $201.00

    (ii) variance of 7.62 cm or more and within the limit permitted by the By-law

    for approval by the designated employee, per lot $453.00

    (iii) any other type of variance $453.00

28(2) Where an application is made for

    (a) multiple variances in respect of the same site; or

    (b) identical variances in respect of multiple sites;

the following fee is imposed for the second and each additional variance $35.00

Conditional use applications

    29 The following fees are hereby imposed for conditional use applications:

    (a) Application for a conditional use related to single-family and two-family dwelling

     $338.00

    (b) For sign approval only, per site $453.00

    (c) For all other conditional uses $969.00

Site plan reviews

    30 The following fee is hereby imposed for an application for a site plan review $150.00

Parking/transportation plan review

    31 The following fee is hereby imposed for an application for a parking/transportation plan

    review $150.00

Alternative equivalent compliance approval

    32 The following fee is hereby imposed for an application for approval of alternative

    equivalent compliance $150.00

Master plan review

    33 The following fee is hereby imposed for a master plan review in an educational

    institutional zoning district $1,000.00

Zoning memorandum

    34(1) The following fees are hereby imposed for a Zoning Memorandum application:

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