The mechanism of minor exemption allows the granting of exemptions from certain zoning by-law provisions, but cannot affect use or the density of land occupancy.
The person or legal entity requesting a minor exemption must demonstrate that the application of regulatory provisions would cause serious harm to their interests, and that their project both respects the spirit of the zoning by-law and does not infringe upon the rights of neighbouring homeowners. A minor exemption is a permanent authorization for a given building.
Minor exemptions therefore allow a certain amount of flexibility in the by-laws in order to resolve problems that urban planning regulations cannot identify in advance. Borough council will approve the minor exemption requested if the following conditions are met:
- The application of the provision of the zoning by-law no. 1700 or the subdivision by-law for which a minor exemption is requested must result in serious harm to the interests of the applicant;
- ?The minor exemption does not infringe upon the enjoyment by neighbouring homeowners of their property rights;
- ?The minor exemption does not affect use or the density of land occupancy, nor the exceptions cited in article 3 (provisions that may be subject to a minor exemption) of this by-law;
- ?In cases where work is already completed or in progress, the applicant obtained a construction permit or a certificate of authorization for such work and executed in good faith;
- ?The minor exemption requested must respect the objectives of the Master Plan.
Required supporting documents: five paper copies and one in electronic format
The request must be made in writing and must include:
- ?the family name, given name, and address of the applicant;
- ?a location certificate, prepared by a surveyor, for an existing structure;
- ?a site plan for a proposed construction;
- a description of the lot;
- ?a list of proposed and existing exemptions.
All requests for minor exemptions must be made to the Direction de l'aménagement urbain et des services aux entreprises (DAUSE).