Rezoning

Property owners can apply to the Resort Municipality of Whistler (RMOW) to rezone their properties.

Rezoning is a legal change to the RMOW’s Zoning and Parking Bylaw 303, 2015. Specifically, it is the process for changing the current zoning regulations of a property to obtain an alternate use or density. The zoning of all properties must conform to the policies contained within the RMOW’s Official Community Plan (OCP). If the proposed zoning is not consistent with the OCP, the rezoning request cannot be adopted. If appropriate justification is presented, Council may agree to amend the OCP in conjunction with the zoning amendment. An OCP amendment may not necessarily be supported and will increase the application processing time.

A change in use or density specified by the zoning regulations requires an amending bylaw be adopted by Council. An amending bylaw requires four readings by Council to be adopted as well as a statutory public hearing after the first and before the third reading of the amending bylaw.

The Government of British Columbia’s Ministry of Transportation and Infrastructure must also approve any bylaw affecting lands within 800 metres of a controlled access highway (i.e. Highway 99), prior to adoption of the bylaw by Council.

The Government of British Columbia's Ministry of the Environment (Soil Contamination) may also need to approve any bylaw affecting lands subject to soil remediation measures, prior to adoption of the bylaw by Council.

The process to modify or terminate existing land use contracts requires an amending bylaw similar to the rezoning process and therefore, the Planning Department uses the same application form. Please contact the Planning Department if you are interested in modifying or terminating a land use contract registered on your property.

Application Process

You may download the Rezoning Application .

After you complete the application, provide it to the Planning Department at Municipal Hall along with the submittal requirements listed on pages 6 and 7 of the application form. The Planning Department is available to help you determine which information you need to submit as part of your application.

More detailed information may be requested during review of the application. Submission of an application does not guarantee approval.

Advisory Design Panel review is required for rezoning applications for commercial development as well as residential development comprising three or more dwelling units. More information on the Advisory Design Panel is available here.

To obtain Title Searches and other documents from the Land Title and Survey Authority of British Columbia (LTSA), you may contact lawyers, notaries, land surveyors or independent registry agents. The LTSA provides links to contact information here.

Review Process

The following are the key steps in the review process:

The Planning Department coodinates the review of the application with RMOW departments and applicable provincial agencies (i.e. Ministry of Transportation and Infrastructure, Ministry of Environment) for conformity with the OCP and all other municipal and provincial regulations applicable to a rezoning application;
Upon completion of the review, staff prepare a report with a recommendation to Council whether or not further review of the rezoning application should proceed;
Based on the report, Council may request a public information meeting be held for additional public input or direct staff to prepare an amending bylaw or reject the application;
If Council approves the preparation of an amending bylaw, staff will prepare the bylaw in conjunction with the municipal solicitors for Council's consideration;
Council gives the amending bylaw first and second readings and directs a public hearing be held after the appropriate notices and advertising in the local newspaper are completed;
The purpose of the public hearing is to allow all persons who believe their interest in property is affected by the proposed amending bylaw the opportunity to speak or submit written submissions to Council. After the close of the public hearing, Council is not permitted to receive any further input from the public or the applicant on the bylaw unless another public hearing is held;
After the close of the public hearing, Council may give the amending bylaw third reading, make amendments to the bylaw or reject the rezoning application;
After Council gives the amending bylaw third reading, staff will coordinate the receipt of any necessary provincial approvals and completion of any identified subject conditions prior to Council considering the bylaw for adoption; and
The amending bylaw is forwarded to Council for fourth reading (adoption).

Once the amending bylaw is adopted by Council, Zoning and Parking Bylaw 303, 2015 will be updated and this amendment is binding on existing and future owners of the property.

Fees

The Rezoning Application fee is $1,500.

In addition to the application fee, the rates below will be applied to all applications to cover the RMOW's direct costs of processing, reporting, analysis and inspection related to the application:

Professional staff time	$60 per hour
Clerical staff time	$30 per hour
Title search	$21
Hand-delivered notification	$40 per hour
Legal services, newspaper ads, third party consulting	At cost