HomeMy WebLinkAboutPD-295-89TOWN OF NEWCASTLE
ARCADE REPORT File #
®
Res. #
By -Law #
(STING: General Purpose and Administration Committee
DATE: Monday, November 20, 19 8 9
REPORT #; PD- 295 -89 FILE #: DEV 89 -144
SUBJECT: PROPOSED AMENDMENT TO COMPREHENSIVE ZONING BY -LAW
WITH RESPECT TO PROHIBITING VIDEO ARCADES AND OR
SIMILAR USES IN THE TOWN OF NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 295 -89 be received; and
2. THAT Staff be authorized to advertise in local newspapers to advise
the general public of the date and time of a public meeting to be
held in relation to the proposed zoning by -law amendments.
1. BACKGROUND
1.1 On September 5, 1989, the General Purpose and Administration
Committee directed the Director of Planning and Development to
review the Town's Comprehensive Zoning By -law to prohibit video
arcade and /or similar type of uses in the Town of Newcastle.
2. EXISTING BY -LAW PROVISIONS
2.1 Within the Town of Newcastle Comprehensive Zoning By -law 84 -63,
video arcades and /or similar uses are provided for within the
definition of a Place of Entertainment. Presently, Places of
Entertainment, and therefore, video arcades, are permitted within
the General Commercial (Cl) zone and the Special Purpose Commercial
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FD 46
REPORT NO. PD-295 -89 PAGE 2
zones (C4 and C5) . Additionally, video machines are permitted
within convenience stores and eating establishments as accessory
uses. Consequently, under the current provisions of the Town of
Newcastle Comprehensive Zoning By -law 84 -63, video machines can be
provided in every commercial zone established under the Town's
Comprehensive Zoning By -law 84 -63.
3. REQUIRED ZONING AMENDMENTS
In order to prohibit video arcades or similar uses the following
changes to the Town's Comprehensive Zoning By -law 84 -63 are
required:
3.1 Section 2 - Definition
"Place of Entertainment shall mean a motion picture or other
theatre, arcade, auditorium, public hall, billiard hall, bowling
alley, ice or roller skating rink, dance hall or music hall,
museum, gallery and library, but for the purposes of this By -law
does not include any other use or activity otherwise defined or
classified in this By- law."
The required change is:
Delete the word "arcade ".
3.2 Section 2 - Definition
Zoning By -law 84 -63 currently does not contain a definition of an
arcade.
Proposed new definition of Arcade is:
"Arcade shall mean a commercial establishment within which coin -
operated pinball machines, machines displaying video games and any
other electronically or mechanically coin - operated entertainment
machines are provided for entertainment purposes to the patrons of
the establishment."
3.3 Section 3 - Accessory Buildings, Uses and Structures
A new subsection to be added to permit a maximum of three ( 3 ) coin -
operated pinball or video machines or other electronically or
mechanically coin- operated entertainment machines as accessory uses
within a commercial zone.
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C 47
REPORT NO.: PD-295-89 PAGE 3
4.1 The effect of the proposed by -law changes would have the effect of
prohibiting video arcade or arcade containing similar machines in
the entire Town of Newcastle. However, a maximum of three (3)
video or similar machines are permitted as assessory use to any
commercial establishment within any commercial zone. Staff feel
that this approach is reasonable and should not create any hardship
to businesses.
4.2 The proposed by -law changes do not prohibit any home owner to keep
video or similar machine in his own home for personal use so long
as the machines are not used for gain or profit. Any existing
establishment that does not conform to the proposed by -law
amendments upon its enactment, would be considered as legal non-
conforming uses.
4.3 Prior to the Town Council passing an amendment to the Comprehensive
Zoning By -law in order to incorporate any change, the Planning Act
requires that the municipality hold a public meeting and further
requires notice to be provided to the residents.
4.4 The proposed amendments are Town wide in nature as they pertain to
text changes and definition amendments, therefore notice to satisfy
the requirements of the Planning Act will have to be placed in
local newspapers and Staff is rerequesting authorization to
proceed.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P.
DIrector of Planning
and Development
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*Attach
8 November 1989
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L'awrenc6 Kotseff
Chief A/ nistrative
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