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General Building Information - Planning Guide

Variations   |   Conditional Uses   |   Zoning By-Law Amendments   |   Development Plan Amendments

Definitions

Conditional Use
The use of land or building which may be permitted in any particular zoning district as provided for in a zoning by-law or planning scheme.

Development Plan
A by-law passed by Council or Board under Part 4 of the Planning Act, or a part thereof, approved under this Act, covering any area of land defined therein, designed to achieve stated objectives and to promote the optimum economic, social, environmental and physical condition of the area, and consisting of the texts, maps or illustrations describing the program and policy.

Subdivision
The division of a parcel by an instrument including a plan f subdivision conveyance, deed or mortgage. Applications available at the local Provincial Community and Regional Planning office.

Variation
An application to modify zoning requirements governing: height, site area, width or coverage, buildings, floor space, minimum yards, dwelling unit density or parking and loading requirements as they apply to an individual site.

Zoning By-Law
A by-law passed by the Council of a municipality under Part 5 of the Planning Act. Current Zoning By-Law complete with Zoning Map is available at the respective municipal offices.

Where do I apply for a variation, conditional use, zoning or development plan amendment?

Portage la Prairie Planning District
800 Saskatchewan Avenue West
Portage la Prairie, MB R1N 0M8
Phone: 204-239-8345

Where do I apply for subdivision?

Provincial Community and Regional Planning
1 - 2210 Saskatchewan Ave W
Portage la Prairie, MB R1N 0X1
Phone: 204-239-3348

If a planning issue is approved, will a building permit be required?

• Always verify with the Portage la Prairie Planning District before starting your building project.
• What process is involved in an application for a variation or conditional use?
• When the applicant is applying, the following items are required: survey certificate; status of title; site plan showing the area affected as well as what is to be adjusted. The more information the better.
• A hearing date is set with Council
• The application is circulated to all City Departments for comments (City of Portage la Prairie only).
• A notice is sent by mail to residents located within 100 m (330 ft.) of the property line in question.
• Once comments are received, a report is presented to Committee of Council and then to Council on the hearing date specified. Anyone wishing to make presentation to Council regarding the application are permitted to do so at the hearing.
• Council will then approve/deny the application. Council may at this time include conditions of approval on the application. An Order is then issued to the applicant/owner approving or denying the application. The Decision of Council is mailed to the applicant and to any person who made representation at the hearing.
• Expiry of Approval - the approval of Council shall expire and cease to have any effect if it is not acted upon within twelve (12) months of the date of the decision, unless it is renewed prior to the expiry date at the discretion of Council for an additional period not exceeding twelve (12) months.

What timelines are involved?

The timelines for a Variation or Conditional Use process is approximately 40 days.

Application for Variation and Conditional Use Process

Planning Act Reference: Part 6 - Variation Part 7 - Conditional Use

 

Zoning Adoption and Amendment Procedure

Planning Act Reference: Part 5

Steps		Description
1.		Council First Reading
2.		Publication and Notice a) Publish notice in newspaper b) Mail Notice to:   i) the applicant (if any)   ii) the Minister   iii) adjacent municipalities or planning districts   iv) municipalities within the planning district   v) adjacent property owners
3.		Public Healing
4.		Council Decisions a) resolution not to proceed and Notice of Decision   - go to Step 8 b) Council Second Reading   i) with no objections, go to step 7   ii) with objections, go to step 5 c) Major changes made to by-law, go back to step 3 d) Minor changes
5.		Notice to Objectors
6.		Planning District OR Municipal Board Hearing   a) confirm or refuse the by-law   b) Confirm the by-law subject to conditions * If objection from a public authority, the by-law must be referred to the Municipal Board.
7.		Third Council Reading
8.		Notice of Decision

 

Zoning Adoption and Amendment Procedure: Planning Act Reference: Part 5

 

Development Plan Adoption and Amendment

Planning Act Reference: Part 5

Steps		Description
1.		Board First Reading
2.		Publication and Notice a) Publish notice in newspaper b) Mail Notice to:   i) the applicant (if any)   ii) the Minister   iii) adjacent municipalities or planning districts   iv) municipalities within the planning district   v) adjacent property owners
3.		Public Healing
4.		Board Decisions a) resolution not to proceed and Notice of Decision b) Board Second Reading   i) with no objections or minor changes, go to step 7   ii) with objections, go to step 5 c) Major changes made to by-law, go to step 2
5.		Notice to Objectors   a) No further appeals, go to step 7   b) Further appeals received, go to step 6
6.		Municipal Board Hearing   a) Confirm or refuse the by-law   b) Confirm the by-law subject to conditions
7.		Minister's Decision
8.		Board Third Reading OR Resolution not to Proceed
9.		Notice of Decision

 

Development Plan Adoption and Amendment: Planning Act Reference: Part 5

 

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Every effort has been made to ensure the accuracy of the information contained on this page. However, in case of a discrepancy between this information and the respective By-laws, the By-law will take precedence.

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