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HomeMy WebLinkAboutPD-156-86 i I Cd> TOWN OF NEWCASTLE Y�t ='r, REPORT File # �a� ��; Res. # By-Law # N'EETING: General Purpose and Administration Committee DATE: Monday, June 16, 1986 REPOT #: PD-156-86 FILE #: PLN 4.1 SUBJECT: SPECIAL EVENTS BY-LAW OUR FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-156-86 be received for information. BACKGROUND AND COMMENTS: On September 3, 1985 the General Purpose and Administration Committee passed Resolution #GPA-510-85 as follows: "THAT the amendment to Zoning By-law 84-63, Special Events - Section 3.22(c) be referred back to Staff and that Staff take a broad look and not a site specific look at the possible solution that would allow the Municipality to consider special events". In consideration of the foregoing direction to Staff, we have reviewed Section 3.22(c) and offer the following comments. Within By-law 84-63 Section 3.22 entitled "Special Uses Permitted" addresses a range of i temporary uses which, from time to time, are contemplated by various property owners or as a result of development activity within the Town. . I . . .2 REPORT NO. : PD-156-86 Page 2 Subsection (a) deals with structures related to construction activity and is intended to accommodate such things as tool sheds, construction offices and other buildings or structures required to facilitate various types of construction activity such as road reconstruction and subdivision development. In addition, Subsection (b) was intended to address those situations where temporary living accommodation is required during the course of construction of a new residence. This section is used extensively in conjunction with an Agreement with the Municipality governing removal of such temporary living quarters following a specified time period. Subsection (c) of Section 3.22 was intended -to facilitate various special events such as circuses, revival meetings, parades, competitions, or other similar recreational activities. However, special events was never defined within By-law 84-63 in order to provide for a broad range of interpretation and flexibility. As a result of the first attempt to utilize this Subsection of the By-law in respect of a proposed Tractor Pull to be carried on at Thistle Valley Trailer Park, the legal authority for this subsection was challenged by the Solicitor of an abutting property. This resulted in a subsequent review by the Town Solicitor who concurred with the opinion offered by Mr. Strike on behalf of his client. Accordingly, Staff recommended repeal of Section 3.22(c) . A Public Hearing was held in respect of this proposed amendment to By-law 84-63 which resulted in tabling of any action for a period of two (2) months to allow further investigation into other matters relating to this issue. Following the two (2) month tabling, the General Purpose and Administration Committee reconsidered the item and resolved to refer the matter back to Staff for further consideration with specific direction to take a broad look and not a site specific look at a possible solution in order to permit the municipality to consider special events. I i . . .3 �v(d) REPORT NO.: PD-156-86 Page 3 In accordance with that direction a further amendment to By-law 84-63 was prepared and circulated to the various parties which had expressed an interest in same. Comments were received from the Town Solicitor, Mr. Strike on behalf of this client hir. Lodge and Mr. Rogers on behalf of his client Mr. Coombes. As Council is aware any by-law passed pursuant to the Planning Act must conform with the provisions of an approved Official Plan. In this case, the operable planning document is the Durham Regional Official Plan which is silent on the matter of temporary uses. It is therefore necessary to review any proposed by-law amendment in the context of the various landuse designations contained within the Official Plan. In order to do so it is necessary to clearly define what is intended by a speci al event for the purposes of such an amendment. Bearing in mind the original intent of this subsection, Staff would suggest that a special event would be any use, the duration of which is normally temporary in nature and which is limited to one or more of the following types of events: I. an exhibition; 2. a fair; 3. a carnival ; 4. a regatta; 5. a religious festival ; 6. a music festival ; 7. a recreational competition. Most of these events require a location with a significant lot area. Lots having such characteristics are normally found within the "Agricultural " or "Major Open Space" areas of the Town and as such, regard must be had for the Official Plan policies in respect of such areas. In that regard, the Regional Official Plan provides that in "General Agricultural " areas, uses such as public fairgrounds would be permitted. However, such uses are not permitted within the "Permanent Agriculture Reserve" area. Similarly, within the areas designated "Major Open Space" uses such as campgrounds and fairgrounds are also permitted. It is therefore Staff' s opinion that in order for the majority of the special events to be held, they must be located within an "A" zone. . . .4 REPORT NO. : PD-156-86 Page 4 JV In addition to the requirements of the Official Plan , regard must be had for the nature of Zoning By-laws and the provisions of the Planning Act. Generally speaking, a Zoning By-law is a very specific piece of legislation defining the uses of land and placement of buildings upon the land, as well as providing prohibitions on the use of lands or structures within floodplains or for regulating the type of construction of buildings or structures. Since the intent of the proposed amendment would be to provide for temporary uses, we must establish whether or not the proposed by-law amendment satisfies the legal authority for passing same. Clearly, the purpose of our Zoning By-law is to prohibit the use of lands within the Town except for such purposes as our set out within the by-law. The proposed amendment would indicate under what circumstances certain lands could be used for purposes which are otherwise prohibited. Staff are satisfied that the proposed amendment is therefore consistent with that aspect of the Planning Act. However, we must also address ourselves to the question of the temporary nature of these uses and the manner in which the Planning Act I addresses such temporary uses. In that regard, Section 38 of the Planning Act provides that the Council of the local municipality may, in a by-law passed under Section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by I the by-law. Clearly, Council must decide whether the proposed amendment is intended to permit defined Special Events for a temporary period of time. Any such by-law to authorize a use for a temporary period must define the area to which it applies and prescribe the time period for which the authorization shall be in effect. Such time period shall not exceed three (3) years from the date of passing of the by-law. However, Council may, by by-law, grant further periods of not more than three (3) years each during which the temporary use is authorized. Depending upon Council 's intent and the definition of the contemplated uses, the amendment could take one of two forms. In the first instance the uses are defined as to the nature, including duration, and permitted in specified zones. This affords more permanence to these uses and could establish them as legally non-conforming if the by-law is subsequently amended in an effort to prevent such uses in the future. l . . .5 i REPORT NO.: PD-156-86 Page 5 In the second instance the same definition is used but Council , pursuant to Section 38, establishes this permission as temporary in order to prevent any question with respect to legal non-conformity should they wish to prevent such uses by refusing to extend the specified approval . In view of this, it is Staff' s opinion that the proposed by-law amendment should be treated as a temporary use by-law and accordingly, specify the area to which it applies and the period of time for which the authorization shall be in effect. Once approved, however, Council would only be able to prevent such a use from occurring if it does not comply with the provisions of the Zoning By-law and Special Events By-law 78-50 or through repeal of the subject amendment. Given the nature of certain of these uses and the distinct possibility that certain of them can result in generation of excessive noise levels, Council may also wish to consider emplacing further controls by means of a Business Licencing By-law and a Noise By-law. If, in consideration of the foregoing, Council deems it appropriate to approve an amendment to By-law 84-63 * governing Special Events, we would recommend for approval the attached by-law amendment. Staff note that in order to facilitate an approval , if that is Council ' s wish, a Public Meeting has been advertised for July 21, 1986. Following said Public Meeting the by-law amendment could be passed by Council on July 28, 1986. Respectfull su itted, T.T. Edwards, M.C.I .P. Director of Planning TTE*j i p May 30, 1986 *Attach. REPORT SENT TO FOLLOWING PERSONS i Mr. I .M. Rogers, Q.C. Pocock, Rogers, O'Callaghan Barristers & Solicitors Continental Court Building Suite 5064 3080 Yonge Street TORONTO, Ontario M4N 3N3 i Mr. Ron Strike - Strike and Strike Barristers & Solicitors 38 King Street West P.O. Box 7 BOWMANVILLE , Ontario L1C 3K8 Mr. James Coombes R.R. #5 BOWMANVILLE , Ontario L1C 3K6 Mr. Lorne K. Lodge c/o I .B.M. Canada Limited 3500 Steeles Avenue East MARKHAM, Ontario L3R 2Z1 v"(d) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78- 50 Being a by-law to regulate the holding of certain public entertainments, festivals and parades within the Town of Newcastle. WHEREAS the Council of the Town of Newcastle deems it expedient to license and regulate the holding of certain public entertainments, parades and festivals within the Town of Newcastle: AND WHEREAS the authority for so doing is contained in The Municipal Act, R.S.O. 1970, Chapter 284, Section 383 (6) , 383 (7) and Section 242: NOW THEREFORE, the Council of the Corporation of the Town of Newcastle ENACTS AS FOLLOWS: 1. In this By-law: j i A public entertainment, parade or festival held for a "charitable purpose" 'means a public entertainment, parade or festival held for, or if its proceeds are used for any one or more of the following purposes: (i) The relief of poverty (ii) The advancement of education (iii) The advancement of religion (iv) Any purposes beneficial to the community not falling under the foregoing heads, providing such purposes are in the interests of social welfare and are for the public benefit. 2. Before any person, corporation, organization or association may hold or conduct II a public entertainment, parade or festival within the limits of the Town of Newcastle, which public entertainment, parade or festival is not for a I charitable purpose, the said person, corporation, organization or association shall: i (a) obtain a license under this by-law from the Clerk of the Town of Newcastle authorizing the holding of such public entertainment, parade or festival. (b) deposit with the Clerk of the Town of Newcastle an amount of money estimated by the Chief of Police of the Region of Durham as sufficient to provide for the cost of adequate additional police protection during the period of the said entertainment, parade or festival, or any or all of them, during which such police protection shall, in the opinion of the said officer, be necessary. (c) deposit with the Clerk of the Town of Newcastle a security in an amount and of the kind fixed by the Council of the Town of Newcastle the amount of which shall not exceed the amount of public liability and property damage insurance carried by the said Town and the security shall provide for the indemnification of the said Town against damage to public and private property as well as indemnification to the said Town for public liability. I By-Law 78- - 2 (d) deposit with the Clerk of the Town of Newcastle an amount of money to be fixed by the relevant authority where the said public entertainment, parade or festival is held, sufficient to repair anticipated minor damage and the cleaning of buildings and grounds after the conclusion of such public entertainment, parade or festival, so that such buildings and grounds may be restored to their previous state without cost to the Town of Newcastle or the Board or body responsible for the administration of such buildings or grounds. (e) deposit with the Clerk of the Town of Newcastle a certificate in writing from the Director of the Region of Durham Health Unit, that all health and sanitation requirements for the said public entertainment, parade or festival have been provided. (f) pay to the Clerk of the Town of Newcastle the license fee hereinafter provided. 3. No license shall be issued by the Clerk of the Town of Newcastle for such public entertainment, parade or festival which is not being held for a charitable purpose, until the provisions of Section 2 above have been complied with in full. 4. The fee for a license under this By-Law shall be $100.00 (ONE HUNDRED DOLLARS) per day or part thereof. 5. Every person, corporation, organization or association who contravene any of the provisions of this by-law shall incur a penalty of not more that ONE THOUSAND DOLLARS($1,000.00)', excluding costs, recoverable under the provisions of the Summary Convictions Act, all the provisions of which are to apply. 6. The provisions of Part XXI of The Municipal Act, R.S.O. 1970, Chapter 284, as amended, shall apply to the provisions of this by-law. 7. This By-law shall come into force and have effect immediately upon the final passing thereof. THIS BY-LAW RE,",D A FIRST, SECOND AND THIRD TIME and finally passed this fourth. . . day of , , , Jule, , . . . . , , , 1978. THE CORPORATION OF THE TOWN -OF NEWCASTLE G. B. Rickard. Mayor J. M. McIlro / Clerk I, Clerk of the Corporation of the Town of Newcastle do hereby certify the above to be a true copy of a By-law passed by the Council of Town of Newcastle on the day of 1978. Clerk THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to permit certain special events to occur within the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 2 of By-law 84-63, as amended, is hereby further amended by adding thereto the following definition of "Recreational Competition": i "RECREATIONAL COMPETITION shall mean any competition carried out for the purposes of entertainment or recreation and which may include tractor pulls, snowmobile races or motorcycle motocross events, but shall not include automobile races or races or competitions involving any other type or form of motorized vehicle." 2. Section 2 of By-law 84-63, as amended, is hereby further amended by adding thereto the following definition of "Special Event": "SPECIAL EVENT shall mean a use, the duration of which is normally temporary in nature but not exceeding seven (7) days in any one calendar year and which is limited to one (1) or more of the following uses: an exhibition, a fair, a carnival , a regatta, a religious or music festival, or a recreational competition." 3. Section 3.22, Subsection (c) is hereby deleted in its entirety and replaced with the following new Section 3.22, Subsection (c). "3.22(c) (i) In addition to the uses permitted within any Agricultural "(A)", Agricultural Exception "(A-7)", "(A-8)11, "(A-11)", "(A-13)11, zone or "(A-21)" zone, a lot may be used for any defined special event. (ii) A special event authorized by Sub-paragraph (i) hereof, shall be subject to the zone provisions of the zone within which the lot is located. (iii) Where the proposed use is considered a special event and is a permitted use within any zone defined by this by-law, such use shall be governed by the zone provisions of such zone and not be this subsection. (iv) Pursuant to the requirements of Section 38 of the Planning Act, 1983, the provisions of this Subsection shall have effect for a period of three (3) years ending on July 28, 1989." i I h I �y 1 - 2 - 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act, 1983. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR