Minor zoning exemptions
A minor exemption ("dérogation mineure") is an exceptional procedure established in the bylaws by virtue of which the council may authorize the carrying out of projected work, or the regularization of work already underway or completed, which work does not meet all stipulations of the zoning or subdivision.
The bylaw on minor exemptions provides the bylaws with a degree of flexibility of application to the extent that it concerns an exemption said to be "minor".
The main use of the minor exemption resides in the fact that it concerns a technique that can be applied to solutions to practical problems which cannot be covered in advance within town planning bylaws.
When a municipal council agrees to a request for a minor exemption, it accepts that some stipulations in the town planning bylaws in effect may be the subject of exemptions. In these circumstances, the council judges that the exemption requested is minor and permits carrying out of a project that benefits the community.
Refusing a permit could cause serious harm to the owner, whereas carrying out the project would not allow exercise of the property rights of the owners of neighbouring properties. Moreover, the project must conform to the objectives of the town planning plan.
Determination of what is a minor zoning exemption is the foundation stone of this tool. This determination cannot be made by bylaw or by directive, but must be evaluated case by case. Thus, the acceptable margin for exemption cannot be established in advance. What is minor in one situation may be major in another. Providing for standards for exemptions in advance would require the municipality to grant the exemption and would be equivalent to an amendment of the zoning or subdivision bylaw. This would completely distort the goal targeted by such a power.
For example, does an exemption of 1.5 metres on 12 metres (12.5 per cent) constitute or not a minor or major exemption to a front setback? Does this exemption harm the neighbours or not? These are the kinds of questions whose assessment and appreciation in their particular context are a matter for the discretionary power of the municipal council.
Progression of a request for minor exemption
Minor exemption form
- Filing of the documents at least fifteen days before the town planning consulting committee (CCU) meets. See calendar below.
- Analysis of the Town Planning Department by an inspector
- Analysis of your file by the CCU
- Recommendation by the CCU to municipal council
- Decision of the municipal council
Documents to be provided
For a regular minor exemption (boundary encroachment):
- 1 plan from a surveyor and one electronic copy
N.B. In order to facilitate study of a request for a minor exemption, filing of a rationale is very helpful.
When it comes to knowing what kind of minor exemption you wish to have, don't hesitate to contact the Town Planning Department at 819-425-8614, extension 2400.
Cost
Of a request for a minor exemption: $450
2013 calendar for filing of documents for a request for:
- Minor exemption
- Plan for architectural establishment and integration (PIIA)
- Conditional usage
