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.
EVALUATION STANDARDS FOR A MINOR EXEMPTION
- A minor exemption must respect the objectives of the Planning By-law.
- All provisions pertaining to zoning and subdivision, other than those relative to usage and land use density, can be subjected to a minor exemption.
- 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
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.
For requests made after completion of work
In the case of an existing situation found derogatory to a by-law provision, fees are set at $700 for the building, structure or developed area subject of the application. For each addition application for a minor exemption applicable to another by-law provision made with the one listed above, fees are set at $350.
For requests made before commencing work
In the case of an application for a minor exemption to a by-law provision, the fee is set at $500 for the building, structure or area to develop 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.
Methods of payment
Fees can be paid at the Municipality's Town Hall using the following payment methods:
- Debit card
- Cash
- Cheque payable to the Municipality of Chelsea
Filing of application - The request must be made at least 10 days before the meeting of the Planning and Sustainable Development Advisory Committee (PSDAC)
Pre-analysis - Based upon its nature and complexity, the file may require to be reviewed by other departments/committees beforehand or need additional information to complete the analysis. expect additional lead-time if this is the case
Submission to the PSDAC - The file is assessed by PSDAC members who will issue a recommendation to Council
Decision of the Municipal Council - A resolution is prepared and submitted to Council for a final decision
Dates to come.
Filling Deadlines |
PSDAC Meetings |
Council Meetings |
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Information
Planning and Sustainable
Development Department