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Obtaining a minor derogation allows the legalisation of a situation where the application of zoning and/or parcelling regulations causes a serious prejudice to the applicant.
The process can be initiated when one of the following condition presents itself: at the time of a permit request, there is an element of non-conformity; the certificate of location requested for the sale of a property has become non-conform because of changes in the zoning by-laws; when work being done is not in conformity with regulations or when an existing derogatory situation does not benefit from acquired rights. Further, the applicant must be unable to respect the regulation without causing a serious prejudice.
If the request is justified according to the by-lay, the applicant must print, fill out and return the Minor derogation application form and disburse the $400 fees (which include publication fees).
The request is then passed on to the Town Planning Advisory Committee who will examine its validity and among other things, the nature of the prejudice and the possible repercussions on neighbouring properties.
The Municipal Council will receive the recommendations made by the committee, will publish a public notice fifteen days prior, and then adopt a favourable or unfavourable resolution in regards to the request.
The process will take approximately six weeks.