A minor exemption is a special permission granted by municipal council, on exception, in order to render an existing or proposed non-conforming situation, into a conforming situation in relation to municipal by-laws.
For example, if someone wishes to build a garage at three metres from his property line, whereas the planning by-law allows for a minimal distance to be respected between the property line and the garage, of 4.5 metres. This person will request a "minor exemption" by explaining the reason why he cannot respect the existing by-law.
If the minor exemption is accepted by municipal council, a building permit for the construction of the garage at a distance of three metres from the property line will then be given.
If the request is refused, the garage must be built at a distance of 4.5 metres from the property line, as stipulated in the municipal by-law.
This special permission can be granted if the evaluation standards mentioned hereafter are respected.
Evaluation standards for a minor exemption
- A minor exemption must respect the objectives of the Planning By-law.
- The zoning and subdivision By-law provisions, other than those relative to usage and occupation density, apply.
- A minor exemption can be granted if the application of the Planning By-law causes a serious prejudice to the person making the request.
- A minor exemption must not hinder the right of enjoyment, by the owners of adjoining properties, of their right of property.
- The application must comply with all of the provisions of the construction By-law and of the zoning and subdivision By-laws not subject to a minor exemption.
Procedure
- The applicant must remit a non-refundable amount of $600.00, with the duly completed application, in order to cover fees relating to the study and administration of the file.
- The Planning and Sustainable Development Advisory Committee will be required to offer a recommendation for each request to Municipal Council.
- The procedure will take approximately two months.
**This document is provided as general information only. We encourage you to consult the By-laws for complete details regarding your type of request.
You must fill the minor exemption application form
Regulations concerning minor exemptions
The Municipality of Chelsea has adopted on June 17, 1991, By-law N° 366-91 governing minor exemptions as well as the following By-law amendments since its entry into force:
- By-law N° 689-07 amending fees (in force February 5, 2007)
- By-law N° 809-12 amending fees and revoking By-law N° 689-07 (in force February 8, 2012)
- By-law N° 828-12 amending By-law N° 366-91 (in force May 23, 2012) Only available in French
Here below in the integral text to date with the changes made since May 2012:
BY-LAW GOVERNING MINOR EXEMPTIONS
ARTICLE 1:
The present By-law is called “By-law governing minor exemptions”.
ARTICLE 2:
A minor exemption may be granted in all zones covered by the zoning By-law.
ARTICLE 3: (Amended by By-law N° 828-12 effective May 23, 2012)
All provisions of the zoning and subdivision By-laws other than those relating to land use and land occupation density, are subject to a minor exemption.
ARTICLE 4:
The applicant must send a request to the Planning Department by filling out a form called “Request for a minor exemption from the zoning By-laws”.
ARTICLE 5: (Amended by By-law N° 809-12 effective February 8, 2012)
The applicant must send, along with the request, $ 600.00 to cover the cost of studying his/her application and must be willing to assume all publication costs inherent to his/her request, if any.
ARTICLE 6:
Following the verification of the contents of his request by an authorized municipal employee, the applicant must furnish any additional information requested by this employee. The Planning Department Director is designated as the authorized person responsible for the administration of the present By-law.
ARTICLE 7:
The authorized municipal employee will transmit the applicant’s request to the Planning Commission; if the request has already been the object of a request for permit or certificate, all related documents must also be transmitted to the Planning Commission.
ARTICLE 8:
The Planning Commission will study the request and may ask the authorized municipal employee, or the applicant, for additional information in order to finalize the study. The Commission may also visit the site where is located the building for which a minor exemption is requested.
ARTICLE 9:
The Planning Commission will render its decision in writing, taking into account the criteria prescribed in articles 145.1, 145.2, 145.4 and 145.8 of the Act Respecting Land Use Planning; this decision is forwarded to Council.
ARTICLE 10:
The Secretary-Treasurer, with Council’s agreement, sets a date for the Council meeting where the request for a minor exemption will be discussed and, at least 15 days prior to the meeting, will publish a notice according to the provisions of article 431 of the Municipal Code. The contents of this notice must be in accordance with the provisions of article 145.6 of the Act Respecting Land Use Planning.
ARTICLE 11:
The fees for publication of the notice shall be invoiced to the applicant of the minor exemption by the Secretary-Treasurer.
ARTICLE 12:
Council shall render its decision by resolution. A copy of this resolution will be forwarded to the person who applied for the minor exemption.
ARTICLE 13:
The request for a minor exemption and Council’s resolution shall be entered in the register constituted for this purpose.
ARTICLE 14:
This By-law will come into force according to law.
GIVEN AT CHELSEA, QUEBEC this June 3, 1991
