Minor exemption

Updated January 30, 2017

 

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

  1. A minor exemption must respect the objectives of the Planning By-law.
  2. All provisions pertaining to zoning and subdivision, other than those relative to usage and land use density, can be subjected to a minor exemption.
  3. A minor exemption can be granted if the application of the Planning By-law causes a serious prejudice to the person making the request.
  4. A minor exemption must not hinder the right of enjoyment, by the owners of adjoining properties, of their right of property.
  5. 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

  • Applicants must accompany their completed request with the required amount according to fees in force, 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 a 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:

  1. By-law N° 689-07 amending fees (in force February 5, 2007)
  2. By-law N° 809-12 amending fees and revoking By-law N° 689-07 (in force February 8, 2012)
  3. By-law N° 828-12 amending By-law N° 366-91 (in force May 23, 2012) Only available in French
  4. By-law N° 861-13 amending the cost and revoking By-law N° 809-12 (in force August 8, 2013)
  5. By-law N° 912-14 amending the cost of a mior exemption request (in force January 22, 2105)

 

Here below in the integral text to date with the changes made since January 2015:

 

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° 912-14 effective January 22, 2015)
The applicant must enclose with their application for a minor exemption the required fee based on the following schedule:

  • In the case of a minor exemption request found derogaory to a By-law provision, fees are set at $500 for the building, structure or develop area subject of the application.
  • For each additional application for a minor exemption applicable to another By-law provision made with the one listed above, fees are set at $250.
  • In the case where an existing, non-conforming situation found derogatory to a By-law provision, fees are set at $700 for the building, structure or developed area subject to the application.
  • For each additional application for a minor exemption applicable to another By-law provision made with the one listed above, fees are set at $350.

ARTICLE 6: (Amended by By-law No 912-14 effective January 22, 2015)
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 Director of the Planning and Sustainable Development Services is designated as the authorized person responsible for the administration of the present By-law.

ARTICLE 7: (Amended by By-law No 912-14 effective January 22, 2015)
The authorized municipal employee will transmit the applicant’s request to the Planning and Sustainable Development Advisory Committee; 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 and Sustainable Development Advisory Committee.

ARTICLE 8: (Amended by By-law No 912-14 effective Janaury 22, 2015)
The Planning and Sustanaible Development Advisory Committee will study the request and may ask the authorized municipal employee, or the applicant, for additional information in order to finalize the study. 

ARTICLE 9: (Amended by By-law No 912-14 effective January 22, 2015)
The Planning and Sustainable Development Advisory Committee will render its decision in writing, taking into account the criteria prescribed in articles 145.1, 145.2, 145.4, 145.5 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.