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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 ...2 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. ...3 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 WM *FW *cc *Attach 8 November 1989 q-` W L'awrenc6 Kotseff Chief A/ nistrative Officer r��fi8