P-41.1, r. 5 - Guidelines respecting odours caused by manure from agricultural activities

Section 4 Disposition versions

2012-09-01

4. RECONSTRUCTION AFTER A FIRE OF A NON-CONFORMING LIVESTOCK FACILITY PROTECTED BY ACQUIRED RIGHTS

Where a non-conforming livestock facility protected by acquired rights is destroyed by fire or any other cause, the municipality shall ensure that the producer affected can continue to carry on activities1, and that the erection of new facilities takes place in compliance with the by-laws in force, in such manner as to improve the previous situation in terms of harmonious co-existence with neighbouring uses, subject to the application of a by-law adopted under the third paragraph of section 118 of the Act respecting land use planning and development (chapter A-19.1). Among other things, the side and front spaces prescribed in the municipal by-laws must be respected. If it is not possible to respect the standards under the by-laws, a minor exemption to the provisions of the zoning by-law may be granted to enable the main facility and accessory structures to be rebuilt2.

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1 Under subparagraph 18 of the first paragraph of section 113 of the Act respecting land use planning and development, a municipality may define a period of time, that may not be shorter than 6 months, for a use that has been abandoned, has ceased or has been interrupted.

2 Under section 145.1 and following of the Act respecting land use planning and development, the council of a municipality may grant a minor exemption if a person cannot respect the by-laws in force if the application of the by-law causes a serious prejudice to the applicant. However, a minor exemption may not be granted if it hinders the owners of the neighbouring immovables in the enjoyment of their right of ownership.

M.O. 2003-012, s. 4.