If you want to request a minor exemption, you will have to fill out the form for this purpose. In addition, be sure to contact the Planning Manager and municipal inspector to guide you in opening your file. Specific documents may be required, as appropriate. You will find the applicable regulations here.
In accordance with by-law # 268, a minor derogation is granted if it fulfills all of the conditions listed as followed: The derogation request must respect the goals set by the urbanism plan. The application of the by-law has the impact to cause a serious prejudice on the inquirer. The derogation request will not disturb the enjoyment of their neighbours’ property rights. Furthermore, in the case of an undergoing or a completed project, the request can only be granted if the project had a construction permit done in good faith.
All minor derogation requests related to a building, must be filled out in writing using the form dedicated for that purpose. The request form must be given to the Municipal Inspector. Furthermore, the fees are to be paid upon the reception of the request in order to study the case. The fees are set at $350 and are not refundable. Following the auditing of its contents done by the inspector, the enquirer must supply any additional information that may be required. Lastly, the Municipal Inspector transmits the information to the Planning Advisory Committee. When the request is in regards to a permit or a certificate particularly, all related documents must be transmitted to the Committee as well.
The Planning Advisory Committee will meticulously study the request. They may require additional information of the inspector or the inquirer in order to complete the case study. In some cases, members of the Committee may go and visit the location of the building when a minor derogation has been requested and inform the inquirer of any useful recommendation in regards to the project. Following the case study of the request, the Planning Advisory Committee formulates their recommendation in writing, and with justification to support their decisions, by keeping in consideration the evaluated criteria stated by the law and the present by-law. Lastly, the recommendations are given to the municipal Council.
At least 15 days before the council meeting is to take place, the municipal council must rule on the minor derogation request. The Secretary-Treasurer of the municipality must then publicize it at the cost of the person requesting the derogation, according to the law that presides over the municipal corporation. The contents of the recommendation must be in compliances with article 145.6 of the by-law on layout and urbanism.
A copy of the resolution when the municipal council gives its decision, must be transmitted to the person who has requested the derogation. The resolution does not constitute the permit or the certificate, but rather an authorisation to derogate a certain disposition of the by-law.
Upon presentation of a copy of the resolution on the minor derogation, the municipal inspector is responsible for delivering permits and certificates, despite article 120, 121 and 122 on the by-law of layout and urbanism. Thus, a full payment is required when the permit or certificate is ready to be picked-up. However, the request accompanied by its plans and documents required by the by-law in conformity with the disposition of the by-law on zoning and subdivision, shall not be subjective to a minor derogation.
When all of the conditions above mentioned have been respected, the inquirer can proceed with the work he has requested. The request for a minor derogation and the resolution of the municipal council are recorded in a registry intended for this matter.
