CANADA
PROVINCE OF QUEBEC
DISTRICT OF PONTIAC
MUNICIPALITY OF SHAWVILLE
BY-LAW NO. 273-2017-002
REGARDING MINOR VARIANCES OF THE PLANNING BY-LAWS
WHEREAS article 145.1 to 145.8 of the planning act (L.A.U., L.R.Q. C.A. -19.1) permits Council to adopt a by-law for minor variances to zoning and subdivision by-laws but excluding minor variances to provisions relative to land use and building density;
WHEREAS Council has adopted by-law number 272, establishing a Planning Advisory Committee of the Corporation of the Village of Shawville;
WHEREAS Council considers it in the public interest to permit minor variances to certain provisions of zoning and subdivision by-laws in exceptional cases where regulations in effect will bring considerable loss to the owner;
WHEREAS Council deems it necessary to make an amendment to Article 8: Fees;
WHEREAS notice of motion was given by Bill McCleary at a regular Council meeting held on April 25, 2017 to effectively submit this by-law amendment for adoption;
THEREFORE The following is by order and statute of the present by-law:
Article 1: PREAMBLE
The preamble is an integral part of this by-law as though it were written here in its entirety.
Article 2: DEFINITION OF A MINOR VARIANCE
A minor variance is a provision for an exception to the stipulations of the zoning and subdivision by-laws applicable within different zones of the territory of the Corporation of the Village of Shawville, thereby permitting, subject to the conditions specified in this by-law, a minimal departure from the by-law stipulations in specific cases.
It is granted by Council upon recommendations of the Planning Advisory Committee and authorized by a permit of minor variance issued by the designated officer.
Article 3: ZONE RESTRICTIONS OF A MINOR VARIANCE
A minor variance may be allowed in all zones specified in zoning by-law number 417 of the Municipality of Shawville.
Article 4: PROVISIONS SUBJECT TO A MINOR VARIANCE
All provisions of by-laws concerning zoning, subdivision and signage other than provisions relative to land use and building density may be subject to a minor variance.
The following provisions are excluded from minor variance consideration:
– Visibility triangle (article 4.1.7, zoning by-law);
– Any stipulation that may affect public security.
Article 5: ADMISSIBILITY OF AN APPLICATION
A minor variance application may be requested in the following circumstances:
a) At the time of or prior to a request for a subdivision permit when the officer responsible for the approval of survey plans certifies that the proposed subdivision plan does not meet the criteria of the subdivision by-law.
b) At the time of or prior to a request for a building permit when the officer responsible for the approval of the plans certifies that the proposed construction or proposed planning does not meet zoning by-law requirements.
c) While work is in progress when the officer responsible certifies that the work, resulting from the issuing of a permit and being carried out in good faith, does not conform to by-laws due to a planning or construction error (excluding structural changes or additions to the plans submitted at the time of permit application).
Article 6: EVALUATION CRITERIA FOR MINOR VARIANCE APPLICATIONS
6.1 Each application must be studied according to the criteria set forth in and following article 145.1 of the planning act (L.A.U., L.R.Q. C.A. – 19.1) such that:
a) A variance must respect the objectives of the Official Plan of the Corporation of the Village of Shawville.
b) The variance may only be granted if enforcement of the by law will cause considerable loss to the applicant.
c) The variance shall not be granted if it infringes on the ability of neighbouring property owners to enjoy their property rights.
d) The application must conform to all provisions of the construction by-law, and to the provisions of zoning and subdivision by-laws not subject to minor variances.
6.2 The consideration of a minor variance must also be based on the following criteria:
a) The minor variance must not be granted if the applicant can modify his project so that it will conform to by-law regulations.
b) A minor variance must not be granted if the application was made following construction undertaken without a permit.
c) The fact that construction has already begun is not a criterion for granting a minor variance.
Article 7: PROCEDURES
7.1 All applications for minor variances must be submitted to the officer responsible for the enforcement of this by-law on the form provided for this purpose. Payment for any studies and publishing must accompany the duly completed application.
7.2 Upon receiving the completed application form, the officer in charge must study the request, taking into account the conditions and criteria outlined in this by-law, and prepare a recommendation which must be submitted to the Planning Advisory Committee.
All other documents providing additional explanation of the application, such as a permit application, must also be submitted.
7.3 The Planning Advisory Committee shall study the application taking into account the criteria and conditions outlined in this by-law. It may demand from the applicant any additional information necessary to fully comprehend the project and may visit the site in question.
7.4 The Planning Advisory Committee shall prepare a fully justified, written recommendation and submit it to Council for its review.
7.5 The Town Clerk shall publish a notice conforming to the provisions of article 431 of the Municipal Code and article 145.6 of the Planning Act (Loi sur l’aménagement et l’urbanisme) at least fifteen (15) days prior to the Council meeting in which the application is to be addressed. Publishing fees are included in the application.
7.6 Council shall render its decision by way of resolution after considering the recommendations of the Planning Advisory Committee.
7.7 One copy of the said resolution must be forwarded to the applicant. Upon presentation of this resolution, and if it endorses the minor variance, the officer responsible for the issuing of permits must issue a permit in accordance with established procedures and the provisions of applicable by-laws.
7.8 The application for a minor variance and the resolutions of Council are recorded in the register established for this purpose.
Article 8: FEES (NEW AMOUNT)
A fee of $100, no tax, is payable for all minor variance applications. Publishing fees are included.
Article 9: MINOR VARIANCES REGISTER ADVISORY COMMITTEE
The minor variance application, the resolution of Council, and a copy of the minor variance permit shall be recorded in the register established for this purpose.
Article 10: ENACTMENT
The present by-law will take effect after it is approved in accordance with the law.
By-Law No. 273-2017-002 was read and adopted unanimously on a motion by Bill Hobbs, seconded by Bill McCleary, on the ninth day of May, 2017 and it shall come into effect according to law. Carried unanimously.
CERTIFICATE OF PUBLICATION
I, the undersigned, residing at 580 King Street, Shawville, Quebec, do hereby certify under my oath of office, that I have published the public notice concerning By-Law No.273-2017-002 regarding minor variances of the planning by-laws, by posting two copies thereof, at the places designated by the Council between the hours of two and four o’clock in the afternoon, on the 10th Day of May, 2017.
In testimony whereof, I give this certificate, this 10thDay of May,
____________________
Crystal Webb
Secretary Treasurer
