116. The council of a municipality may, by by-law, prescribe that no building permit may be granted in its whole territory or any part thereof, unless one or more of the following conditions, which may differ according to various parts of the territory, are complied with:
(1) the landsite on which each proposed structure, including its dependencies, is to be built, forms one or more separate lots on the official cadastral plans;
(2) the waterworks and sewer services for which an authorization has been received or a permit issued under the law are installed in the street on which the structure is proposed or unless the by-law ordering their installation is in force;
(3) in the case where the waterworks and sewer services are not installed in the street on which a structure is proposed or the by-law ordering their installation is not in force, the drinking-water supply and waste water treatment planned for the structure to be erected on the land comply with the Environment Quality Act (chapter Q-2) and the regulations thereunder or with the municipal by-laws dealing with the same object;
(4) the land on which a structure is to be erected is adjacent to a public or a private street in conformity with the requirements of the subdivision by-law;
(5) the land on which a structure is to be erected is adjacent to a public street.
Subparagraph 2 of the first paragraph does not apply to structures for agricultural purposes on lands under cultivation.
The by-law may also exempt structures for agricultural purposes on lands under cultivation from any of the provisions of subparagraphs 1, 3, 4 and 5 of the first paragraph. However, no residence situated on land under cultivation may be exempted from the obligation contemplated under subparagraph 3 of the first paragraph.
The by-law may prescribe that the condition set out in subparagraph 1 of the first paragraph does not apply to a proposed structure the location of which is to be identical to that of an existing structure. It may also provide for the same exemption in respect of any other proposed structure where it is proved to the officer responsible for issuing the permit that such structure will not be erected on parcels of land belonging to different owners.
An exemption granted under the fourth paragraph does not apply where the estimated cost of the cadastral operation whereby one or several separate lots may be made on the land where the structure is to be erected does not exceed 10 % of the estimated cost of the structure.
1979, c. 51, s. 116; 1982, c. 63, s. 95; 1983, c. 57, s. 36; 1989, c. 46, s. 4.