Urbanism
Minor variances

If you wish to apply for a minor variance, you will need to complete the appropriate form. Also, be sure to contact the municipal building and environment officer to help you open your file. Specific documents may be required, depending on the case.

Consult the by-law     Form - Minor variance

The process

Under the Act respecting land use planning and development, a minor variance is granted if it meets the following conditions: The requested variance respects the objectives of the urban plan. Application of the by-law would cause serious prejudice to the person requesting it. The requested variance does not interfere with neighbouring owners' enjoyment of their property rights. In the case of work in progress or already completed, the request can only be granted if, in addition, the work has been the subject of a building permit and has been carried out in good faith.

Here are the steps involved in applying for a minor variance:

Any request for a minor variance concerning an immovable must be made in writing, using the form prepared for this purpose. The application must be submitted to the municipal building and environment officer. The application must be accompanied by payment of the fees required for its study. This fee is set at $350 and is non-refundable. Following verification of the application's contents by the municipal building and environment officer, the applicant must provide any additional information required by the officer. The application is then forwarded to the Planning Advisory Committee. If the request has already been the subject of a permit or certificate application, the documents relating to the latter must also be forwarded to the Committee.

The Planning Advisory Committee studies the request with diligence. It may ask the municipal officer or the applicant for additional information to complete its study. It may also visit the property that is the subject of the minor variance application and make any useful recommendations to the applicant concerning his project. After studying the request, the Planning Advisory Committee formulates its written opinion, with supporting rationale, taking into account the evaluation criteria set out in the law. This opinion is forwarded to the Municipal Council.

At least 15 days before the meeting at which the Municipal Council is to rule on the request for a minor variance, the secretary-treasurer of the municipality must publish, at the expense of the person requesting the variance, a notice in accordance with the law. The content of this notice must comply with the requirements of the Act respecting land use planning and development.

A copy of the resolution by which the Municipal Council renders its decision must be sent to the person requesting the variance. The resolution does not constitute the permit or certificate, but rather an authorization to derogate from certain regulatory provisions.

Upon presentation of a copy of the resolution granting the minor variance, the municipal officer may issue the permit or certificate after payment of the fee required to obtain it. All other elements of the project must comply with current regulations.

Once all these conditions have been met and these steps completed, the applicant can proceed with the work. The application for a minor variance and the resolution of the Municipal Council are recorded in the register set up for this purpose.