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Home My WebLink AboutPD-36-82 35__ );- 3 , i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO 1_0131J0 TEL. (41b)co6-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 22, 1982 REPORT NO.: PD-36-82 SUBJECT: BY-LAWS NUMBERED 10-82 and 13-82: THE CORPORATION OF THE CITY OF OSHAWA RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That By-laws Numbered 10-82 and 13-82 of the City of Oshawa be received and filed. RECOMMENDATION: By-laws Numbered 10-82 and 13-82 of the City of Oshawa were forwarded to the Planning and Development Department on March 9, 1982. The subject By-laws rezone various sites within the City of Oshawa which are presently being used as "places of amusement" to continue as such, and, to require any additional uses of this nature to amend the by-law in order to establish such a use. In addition these By-laws have included specific definitions for these types of activities which are categorized as amusement uses. ,rte L Report No. : PD-36-82 .. .12 Since the various sites are located in areas of the City of Oshawa which would have no effect on the Town of Newcastle, staff foresee no reason for further action on these By-laws. However, we note that the last date for filing objections against these By-laws is March 29, 1982. Respectfu 'submitted, t y T. T. Edwards, M.C.I.P. Director of Planning EP*TTE*mjc March 10, 1982 C TO ALL P1:0PE;PTY OWNE'W; 1N THE CITY Of` OSIIAWA TO ALL PROPERTY OWNERS IN THE TOWN OF WHITBY TO ALL PROPERTY OWNERS IN THE TOWN OF NEWCAST CLCR"' L.? ,;?r; idT NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY THE CORPORATION OF THE CITY OF OSHAWA FOR APPROVAL OF A BY-LAW TO REGULATE LAND USE PASSED PURSUANT TO SECTION 39 OF THE PLANNING ACT TAKE NOTICE that the Council of The Corporation of the City of Oshawa intends to apply to The Ontario Municipal Board pursuant to the provisions of Section 39. of The Planninq Act for approval of By-laws Numbered 10-82 and 13-82 passed on the 18th day of January 1982. Copies of the by-laws are furnished herewith. A note giving an explanation of the purpose and effect of the by-laws and statinq the lands affected thereby is also furnished herewith. ANY PERSON -INTERESTED MAY within twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk of the City of Oshawa notice of objection to approval of the said by-laws or part thereof qivinq details of all or the portion of the by-laws to which you object and detailed reasons therefor, and shall indicate that if a hearinq is held the objector or an aqent will attend-at the hearing to support the objection. ANY PERSON wishing to support the application for approval of the by-laws may within twenty-one (21) days after the date of this notice send by registered mail or deliver to the Clerk of the City of Oshawa notice of his support of approval of the said by-laws together with a request for notice of any hearinq that may he held giving the name and address to which such notice should be qiven. THE ONTARIO MUNICIPAL BOARD may approve of the said by-laws but before doinq so it may appoint=a time and place when any objection to the by-laws will he considered. Notice of any hearinq that may be held will be given only to persons who have �^ filed an objection or notice of support and who have left with or delivered to the Clerk undersigned, the address to which notice of hearinq is to be sent and similarly, to any person who has filed a request for a change in the provisions of the by-laws: THE LAST DAY FOR FILING OBJECTIONS WILL BE MARCH 29TH 1982 DATED AT THE CITY OF OSHAWA THIS 8TH DAY OF MARCH 1982. R.A. HENDERSON, CITY CLERK 50 CENTRE STREET SOUTH - - - _ . OSHAWA, ONTARIO. i 13Y-LAW NUMBER 10-82 OF THE CORPORATION OF THE CITY OF OSHAWA r being a by-law to further amend By-law Number 3415 of the City of Oshawa . BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa by the Council thereof as follows : I . - That By-law Number 3415 as amended is hereby further amended by adding to Paragraph 2 of Part 1 in alphabetical order the following definitions: "PLACE OF AMUSEMENT" - means any land, building or structure or part of any land, building or structure, open for use by the public containing therein three (3) or more amusement machines. "AMUSEMENT MACHINE"- means any mechanical or electronic machine or device intended for use as a game or source of entertainment or amusement offered for use by the public by any person for profit or gain and shall include a pinball machine, television gam&, shooting gallery or other similar machine or device including an automatic machine or slot machine that dispenses as prizes one or more free games, but shall not include any machine used only for the purpose of vending merchandise or services or playing recorded music or any billiard, pool or bagetelle table or any machine that would render the premises a common gaming house within the meaning of The Criminal Code of Canada. -2- 2. That By-law Number 3415 as amended is hereby further amended by amending subsection (g) of Section 32 by deleting therefrom the words "shooting gallery, amusement arcade" . so that subsection (g) of Section 32 will read as follows : " (g) bowling alley, billard academy. " 3 . That By-law Number 3415 as amended is hereby further amended by amending Schedule "A" thereof by adding Special Condition 114 as set out in Schedule "B" to this by-law. 4. Sheet Numbers 3 , 5, 6, 8, 9 and 13 of Appendix "A" to By-law Number 3415 as amended, are hereby further amended by changing the land use designations for the parcels of land shown hatched and marked C-1 with the figure "114" encircled on Schedules "A-1" , "A-2" , "A-3" , "A-4" , "A-511 , "A-6" , "A-7" and "A-8" to this by-law from the land use designations described in Column 5 of Schedule "C" to this by-law to the land use designations described in Column 6 of Schedule "C" to this by-law and as shown on Schedules "A-1" to "A-8" inclusive so that Sheets Numbers 3, 5, 6, 8, 9, and 13 of Appendix "A" shall be amended as shown on Schedules "A-1 " , "A-2" , "A-30' , "A-41' , "A-5" , "A-7", and "A-8 5. Schedules "A-1 " , "A-2 "A-311 , "A-411 , "A-581 , "A-611, "A-711 , "A-88' , "B" and "C" attached hereto shall form part of this by-law, and Schedule "C" shall form Appendix "A" to Special Condition -114. 6: No part of this by-law shall come into force without the approval of the Ontario Municipal Board but subject thereto this by-law shall take effect from the date of its passing. By-law read a first time this 18th day of January 1982 By-law read a second time this 18th day of January 1982 By-law read a third time and finally passed this 18th day of January 1982 MAYOR CLERK SCHEDULE "A-1" TO BY-LAW NUMBER 10-82 PASSED THIS 18TH DAY OF JANUARY 1982 ALLAN C PILKEY R. A. HENDERSON MAYOR CLERK FOR FORMER TOWNSHIP OF EAST WHITBY ZONING SEE BY-LAW 1757 BR F F ITVS R. -3 a R-0 B R-1c NOTE: All dimensions are 9-2A in metres 8R R-2A R-2A R C-2 R-4 R-3 rn FOR THE FORMER TOWNSHIP OF C_2 EAST WHITBY ZONING SEE BY-LAW 1757 'R-1A R-4 R-5 = R-2A R-14 SEE .4 SHEET ALM R-1A Y-1A F Fo, C 1 3 T. R-1A �� ,t R-1A z // ff-1A k � RN[ R QL f 7 dCL R-18 CT. v Y, R-ZA R-1A R-18 V SEE SHEET 5 SEE SHEET 6 NOTES- LEGEND City of Oshow- .7*:. 01 ZONING MAP sheet 3 of 15 Sheets SCHEDULE "A-2" TO BY—LAW NUMBER 10-82 PASSED T1f1S 18T;1 DAY OF JANUARY 1982 ALLAN C . PILKEY R. A. HENDERS014 MAYOR CLERK SEE SHEET EET I SEE SHEET 2 SEE SHEET 3 7"1 n 71 William St. E. _ 120.31 I U) 0 From C-1 , 35 z a I o To C-1 35 14 0 m C O O L cO L 120 31 Richmond St. E =SHEET 6 Scale : 1:2000 v V Qz Q: �v v UC-I _ m C-2 C-2 C-2 >r C2 1 C-1 C-1 eoo -2 y C- 2 C-/ C-! C-1 ,C-1 C-1 m C-� C. (.•_/ ' T r— "LAf �— l I I SEE SHEET 9 NOTE- All dimensions are in metres 'NOTES IEGE NO ` City of Oshowo ZON I NG MAP sheet 5 of 15 sheets . �.r ti.....o► YJ.1 .. w.ou Y4t F�}�.rr SCHEDULE "A-3" TO BY-LAW NUMBER 10-82 PASSED THIS 28TH DAY OF JANUARY 1982 ALLAN C. PILKEY _ R. A. HENDERSON MAYOR CLERK F SEE SHEET I S EE SHEET 2 SEE SHEET 3 �� C IEl 7 i I It' L CO m ml m 10j it R-1A1 R-I. ET �Y •R-18 Q: ct k- �'k tt i R-18 'R-18 I R-1A v I l\ v 7 •- ,, l v m \� s/ems/ a 13.24 V Z -a 1 m From C- m cn J4 ar-!a I R- SEE SHEET m To C-1 li4 SEE SHEET 6 v 13.24 w ;' h - E Q: 'k d U e t- Bond St.W- m m Scale= 1:500 N\ X'. Af-1B 0 0 V iV v C_t f C-2 C-2 aO.D -2 C- f C ... C-2 c: C-1 C-1 c-, ,c-! C-1 i o C-1 ;C-, �-1 ' - SEE SHEET 9 NOTE= All dimensions are in metres -------------- ------- 1 MOTES LEGEND City L t Oshawa ZON I NG MAP sheet 5 of 15 sheets w. SCHEDULE "A-4 " TO BY—LAW NUMBER 10-82 PASSED THIS 18 TH DAY OF JANUARY 1982 ALLAN C. PILKEY R. A. HENDERSON MAYOR CLERK c � Richmond St. W. t_ 26.24 -- R-J� R From C-I 14 I ci To 1 114 14 Z h �_^ 44.28 •� U) 1 o 00 C U � C U — From C-I a- To C-1 114 SEE SHEET � SEE SHEET 6 33.23 — 0 Bond St. W. scale: 1:1000 1 C-2 � � � ��✓ 0 r C 2 C-2 y_ C- C-/ Rt1 -lB k/-lB •o.o C _ c- -2MC- C'2 C-/ R -! C-1 hC 1.1 • C C-1 ' ' I 1 SEE SHEET 9 NOTE: All dimensions are In metres r ! NOTES LECEk0 COY of Oshawa ZONING MAP sheet 5 of 15 sheets ti� SCHEDULE "A-5" TO BY-LAW NUMBER 10-82 PASSED THIS 18 TH DAY OF JANUARY 1982 ALLAN C . PILKEY R. A. HENDERSON MAYOR CLERK 14 6.01 13Z.64 '- R-!B R-/, From C-1 - To C-I 114 0 R-2A — 0 N N ? R R ( 3.05 C // O N SEE SHEET ET 7 139.03 f28.74 f6 ' King St. E. Scale= l:2000 t m m g m m r N m it m @ -v. T. cc R-3 ` F R a ore R-IB R B 3 R-IB a c- AVE —mss R I A i- SEE SHEET 10 NOTE: All dimensions are In metres • VOTES. —TLE GE pp City of Cishowe �~ ~,~^' •^. J •"v � ,,,,,, '—._ �^ !.��__� i ZONING MAP sheet 6 oft 5 sheets .,... _ SCHEDULE "A-6" TO BY-LAW NUMBER 10-82 PASSED THIS 18TH DAY OF JANUARY 1982 ALLAN C. PILKEY R. A. HENDERSON MAYOR CLERK SHEET 4 I�4 49 From C-1 .EST v To C-1 I I¢ ... ._2A R-2A 'A tAtAi - . NIA y'Lfi; <k , N H .QI♦ ZA Q =" R I •J ZA • 'ST 9EET -'_ R 2A Q F. c- 4// / _ — N R-3 T. C-1 e¢.1 "'""°" �' M–IA R-3 SEE SHEET 9 '_ - R-2A G,DD Si+ •/B LI c R-ze CT. \� R-3 R-2 i bf-IB I U Q m M-IX R-2B ? z 3 A g M-/B i 0' m Q .ht 1 w-ti w-ii �y. r BR R-2A 3, R-/B BR A k it-to SEE SHEET 12 NOTE: All dimensions are In metres MOTES- LEGEND city �1 O$IIQWQ OEM .�.• ""'"' ZONING MAP sheet 8 of is sneers j �.. SCHEDULE "A-7" TO BY-LAW NUMBER 10-82 PASSED THIS 18TIl DAY OF JANUARY 1982 ALLAN C. PILKEY R. A. HENDERSON MAYOR CLERK SEE SHEET 5 I1 C-1 V C_ _/ ti R-3 R-4 R-5 C R-28 111" R-18 c M43 R- R-3 King St. E. C/) 20.96 w iB 10.89 From v C) TO C_ R-5 R-IB- LL-4— - SEE SH 20.96 c� Athol St. E. *?_j 12.57 Qc R-5 Scale: 1:1000 ' U) Fr m C- -4 7-R-ZB, To C-1 114 AI-IS Rs r T 0-2 < R-2A 5-2A V 25.15 R-18 R-2A v _/8 R-2A R-3 Rl-1A v Scale: 1:1000 E V, , 11 W 1- R 2q M-/8 e M_/8 I R-PA v M-1B T7 -2i f C-Z C-2 R-5 R-5 V C-2 0�1 C-Z tam cr JV L L SEE SHEET 13 NOTE: All dimensions are in metres kcrr-Es: LEGEND City of OShowa ZON ING MAP Sheet 9 of 15 sheets SCHEDULE "A-8" TO BY—LAW NUMBER 10-82 r PASSED THIS 18TH DAY OF JANUARY 1982 ALLAN C . PILKEY R. A. HENDERSON MAYOR CLERK SEE SHEET 9 II II Ii � �i II II I 1C — M-/8 t v R-, C;\ N w N M-/A C. IVQ R-3 BoJ ✓ II "� "' "' ''�-J " - =� V a m m V O C1 RJR C-i 1 t 0 ' R-3 R-2A er M-2 a M3 M-/A M-/A M-/A ~ s \ ✓ V 1 /\ o �dd m V R-4 R-4 R-2A ZB SEE SHEET 12 SEE SHEET 14 rENT'K O4T H R T •i :r:, R-3 R-2,4 e m g � m M-/A r wE�„ �! I _ v iL•-tw� \ � T P V P � �a Q R-ZA °+ R-ZA v R'Z a C1_/ �ZP s m 2P ZA -2A 2n��pC�� cos v 16.13 _ R-S m � _ From C-1 NOTE:All dimensions are � n To C-1 114 in metres o v' N ^ CD n G1 U City of 0shawo P 165.24 ZON I NG MAP sheet 13 of 15 sheets I K4i •00 WILE• • •i� n40 Scale- 1:3000 SCHEDULE "B" TO BY-LAW NUMBER 10-82 PASSED THIS 18th DAY OF January 1982 MAYOR v - CLERK SPECIAL CONDITION 114 The lands shown on Schedule "A" to this by-law hatched and marked C-1 with the figure "114" encircled and listed on Appendix "A" to this Special Condition shall be subject to the regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of By-law Number 3415, or By-law Number 55-73 , these special regulations shall apply but in the event that this Special Condition is silent on any matter, the provisions applicable to any other Special Condition and to a C-1 use district and By-law Number 55-73 shall apply: 1.1 Defined Areas: The lands subject to this Special Condition are as r, shown on Sheet Numbers 3, 5, 6, 8, 9 and 13 of Appendix "A" to By-law Number 3415 outlined with a heavy line and hatched with the figure "114" encircled and are also listed on Appendix "A" to this Special Condition. 1 .2 Permitted Uses: In addition to any other uses permitted in a C-1 use district ,or by any other Special Condition the . following use shall also be permitted: • (a) a place of amusement. SCIIEDULL "C" TO 13Y-LAW NUMBER 10-82 PASSED THIS 18th DAY OF January 1982 MAYOR CLERK / APPENDIX "A" TO SPECIAL CO&DITION 114 i 1 2 3 4 5 6 ZONING BY-LAW 3415 FIVM TO SCHEDULE APPENDIX A,SHEET NO ZONING CATEGORY ZONING CATEGORY NUMBER LOCATION LEGAL DESCRIPTION 3 C-1 Special Condition C-1 Special Con-- A-1 285 Taunton Road East Conc. 3 Pt. Lot. 8. 33 dition 33 & 114 5 C-1 Special Condition C-1 Special Con- A-2 50 Richmond Street East Durham Cond. Plan #56 35 dition 35 & 114 C-1 C-1 Special Con- A-3 38 Simcoe Street North Plan F. 6, sub. 40.o.w. 5 dition 114 Pt. 5 & 6, sub. to r.o.w. R.P. 40R-1757 44 Bond Street West Plan A, Pt. Lot 4 & Pt. Lot 5 C-1 Special Condition C-1 Special Con- A-4 14 dition 14 & 114 5 now 40R-736, Pt.l 6 C_1 C-1 Special Con- A-5 600 King Street East Plan 357, Sh. 6C, Lot 6,7, dition 114 and 11 now 40R-752,Pt.B.10 C-1 Special Con- A-6 Oshawa Centre Conc. 1, Pt. Lot 14, Now C-1 and 114 40R-3699 Pt 1-3, 40R-522, 8 Special Condition C-1 Special Con- C-1 Spe 84 dition 84 and Pt.l (south-half) 114 ' C-1 Special A-7 53 King Street East Plan 335, Sh.19, pt.Lot C-5 9 C-1 Condition 114. and C-9 to r.o.w. ; A-7 29-31 Celina Street Plan D Pt. Lot 4, Sub. to 9 C-1 C-1 Special I Condition 114 r.o.w. 199 Wentworth Street P.335, Sh.30, Pt. Lot C-3 13 C-1 C-1 Special A-8 Condition 114 West to C-6, ow 4- OR-296,1 Pt.1 l i E X P L A N A T O R Y N 0 T E. EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NUMBER 10-82 . The purpose of By-law Number 10-82 is to require that before any property not presently used as a place of amusement can be used as a •"place of amusement" , (which is defined in the by-law as a building or structure used by the public containing three (3) or more amusement machines, ) a specific amendment to the City of Oshawa general restricted area by-law 3415 must be made so that the suitability of the location can be considered. The by-law permits "places of amusement" in the locations shown in Schedules "A-1" to "A-8" inclusive where places of amusement are presently located or have recently been located and which locations would enjoy the status of a legal non-conforming use. By-law 3415 presently permits "shooting gallery and amusement arcade" in all C-1 and C-2 (commercial) use districts, subject of course to other regulatory by-laws and By-law 10-82 removes "shooting gallery and amusement" arcade as permitted uses . r BY-LAW NUMBER 13-82 OF THE CORPORATION OF THE CITY OF OSHAWA being a by-law to further amend By-law Number 1757 of the former Township of East Whitby. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa by the Council thereof as follows: 1 . That By-law Number 1757 as amended is hereby further amended by adding to Section 2 in alphabetical order the following definitions: "PLACE OF AMUSEMENT" - means any land, building or structure or part of any land, building or structure, open for use by the public containing therein three (3) or more amusement machines. "AMUSEMENT MACHINE"- means any mechanical or electronic machine or device intended for use as a game or source of entertainment or amusement offered for use by the public by any person for profit or gain and shall include a pinball machine, television game, shooting gallery or other similar machine or device including an automatic machine or slot machine that dispenses as prizes one or more free games , but shall not include any machine used only for the purpose of vending merchandise or services or playing recorded music or any billiard, pool or bagetelle table or any machine that would render the premises a common gaming house within the meaning of The Criminal Code of Canada. "PLACE OF ENTERTAINMENT" - means any land, building or structure or part of any land, building, or structure where people assemble for the purpose of being entertained as opposed to participating in any action for their personal enjoyment and shall include but not be limited to a movie or live theatre, a concert auditorium, an arena or stadium but shall not include a place of amusement or a body rub parlour 'as defined in Section 221 (9) of The Municipal Act R.S .O. 1980, c. 302, as amended from time to time, or any successor thereto. -2- 2. No part of this by-law shall come into force without the approval of The Ontario Municipal Board but subject thereto this by-law- shall take effect from the date of its passing. By-law read a first time this 18th day of January 1982 By-law read a second time this 18th day of January 1982 By-law read a third time and finally passed this 18th dayof January 1982 MAYOR r/ CLERK s��> E X P L A N A T O R Y N O T E. EXPLANATION OF THE PURPOSE AND F,FFECT OF BY-I.AW NUMBER 13-82 . By-law Number 13-82 amends the definitions in By-law Number 1757 which is the general restricted area by-law affecting that part of th'e City of Oshawa (formerly the Township of East Whitby) annexed to the City of Oshawa at Regional Government as of January 1st 1974. The by-law adds definitions of an "amusement machine" , "place of amusement" and "place of entertainment" . A "place of entertainment" is defined so as not to include any "place of amusement" . A "place of amusement" is defined as a building or structure wherein three (3 ) or more amusement machines are located. A "place of entertainment" is permitted in all C-1 or C-2 (commecial) use districts in the area to which By-law 1757 applies and the effect of By-law 13-82 is to prohibit "places of amusement" within those use districts .