Draft By-law n° 2632 Concerning Minor Exemptions

On August 12, 2024, the Côte Saint-Luc City Council adopted the Draft By-law n° 2632 Concerning Minor Exemptions.

The proposed By-law is slated to replace the current By-law n° G-18-0005 Concerning Minor Exemptions, which was adopted on June 3, 2002, at a time where the current cities of Côte Saint-Luc, Hampstead, and Montreal-West formed together one borough of the City of Montreal – it is therefore outdated.

Goal

The purpose of this By-law is to allow a person, in certain cases and under conditions, to deviate from certain provisions of the Urban Planning By-laws of the City of Côte Saint-Luc.

• The By-law enables the municipal council, after receiving the opinion of the Planning Advisory Committee (PAC), to authorize such an exemption based on criteria set out in the By-law, and to prescribe any conditions that the applicant must follow.
  
  
• The By-law outlines the modalities for processing an application, such as the contents that must be included in the application, as well as the different steps it must follow.
• The By-law also specifies what makes an application eligible, and lists the criteria by which the PAC must evaluate each application, namely:
  
  
  • The exemption requested follows the objectives of the City’s planning program.
  • A provision in an Urban Planning By-law causes serious prejudice to the applicant.
  • The exemption requested does not affect the enjoyment of property rights by the owners of neighbouring properties.
  • The exemption requested does not increase public safety risks.
  • The exemption requested does not increase public health risks.
  • The exemption requested does not adversely affect the quality of the environment.
  • The exemption requested is not detrimental to the general well-being.
  • The exemption requested is minor in nature.

In the case of work in progress or already completed, the work has been carried out in good faith.

Documents

• Draft by-law no 2632 (PDF)
• Public notice: Public consultation meeting

By-Law Adoption Approval Process

For the proposed By-law to come into effect, it must follow the different steps of the adoption and approval process prescribed by provincial laws, which are outlined below:

Pending the Council’s resolution to adopt the By-law (final), the proposed By-law n° 2632 will replace the existing By-law n° G-18-0005 Concerning Minor Exemptions. It should be noted that the proposed By-law must go through a public consultation process as per Section 123 of the Act Respecting Land Use Planning and Development. However, it may not be subject to approval by way of referendum.