Town Initiated Zoning By-law Amendment Adult Entertainment Establishments Township of Collingwood Zoning By-law services designed to appeal to erotic or sexual appetites or inclinations includes: i) services of which a principal feature or characteristic is the nudity or partial nudity of any person; and ii) services in respect of which the word nude, naked, topless, bottomless, sexy or nu any other word or picture, symbol or representation having like meaning or implication as used in any advertisement. 3.3 (c) Adult specialty store means a retail establishment specializing in the sale of a variety of goods and materials made or designed to appeal to erotic or sexual appetites, but does not include a retail store or convenience retail store. 3.3 (d) Adult video store means an establishment where pre-recorded video tape, video discs, films and/or slides made or designed to appeal to erotic or sexual appetites or depicting sexual acts are offered for rent or sale where the proportion of adult videotapes to non-adult videotapes offered is equal to or exceeds the ratio of 10:100 (adult videotape to non-adult videotape). An adult video store shall not include facilities for the screening or viewing of such products. 3.18 (a) Body rub means the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person s body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. 3.18 (b) Body rub parlour means and includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. 2. SECTION 3: DEFINITIONS of By-law No. 83-40, as amended, is amended by adding but shall not include any adult entertainment establishment following the last word at the end the following existing definitions: (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) 3.28 Clinic, Health 3.30 Commercial 3.85 Home Industry 3.86 Home Occupation 3.89 Hotel 3.113 Motel 3.135 Practitioner, Drugless 3.141 Retail Store, Convenience 3.147 Service Commercial Use, Personal 3.160 Tavern 3. SECTION 3: DEFINITIONS of By-law No. 83-40, as amended, is amended by adding and any adult entertainment establishment following the last word at the end the following existing definitions: 3.16 Base Lodge 3.140 Retail Store 2
Town Initiated Zoning By-law Amendment Adult Entertainment Establishments Township of Collingwood Zoning By-law 4. SECTION 3: DEFINITIONS of By-law No. 83-40, as amended, is amended by adding or any adult entertainment establishment between the words amusement and otherwise in Section 3.132 Place of Entertainment. 5. Section 5.2 Accessory Uses of By-law No. 83-40, as amended, is amended by adding the following subsections: (xi) be considered an accessory use, building or structure if accessory to an adult entertainment establishment. (xii) permit any adult entertainment establishment as an accessory use, building or structure. 6. Section 5.14 Parking Requirements of By-law No. 83-40, as amended, is amended by adding the following parking requirements: 5.14(a)(xxv) Adult entertainment parlour 1 parking space for every 9 square metres of gross floor area. 5.14(a)(xxvi) Body rub parlours, adult specialty stores and adult video stores 1 parking space for every 20 square metres of gross floor area. 7. SECTION 5: GENERAL PROVISIONS of By-law No. 83-40, as amended, is hereby amended by adding the following new Section: 5.25 Adult Entertainment Establishments Adult entertainment establishments are only permitted through a sitespecific amendment to this By-law and subject to the following provisions: (a) Adult entertainment establishments are only permitted on an interior lot. (b) An adult entertainment establishment is not permitted on any property located closer than 800 metres to the property line of another parcel containing or zoned for a residential, institutional, park (c) or retail commercial use. An adult entertainment parlour must be located within a freestanding, single storey building and must be the sole use on a lot. (d) A body rub parlour, adult specialty store or adult video store is permitted in a multi-occupancy building to a maximum of 15% of the gross floor area of the building or 150 m 2, whichever is less. (e) Accessory uses are not permitted in conjunction with any adult entertainment establishment and an adult entertainment establishment shall not be considered an accessory use. (f) Adult entertainment establishments are only permitted on lots connected to full municipal services. 8. SECTION 15: VILLAGE CORE GENERAL COMMERCIAL (C5) ZONE of By-law No. 83-40, as amended, is amended by adding but shall not include any adult entertainment establishment at the end of the following uses in Section 15.1(b): Theatre Health Spa 9. SECTION 17: VILLAGE CORE RESORT COMMERCIAL (C7) ZONE of By-law No. 83-40, as amended, is amended by adding but shall not include any adult entertainment establishment at the end of the following uses in Section 17.1(a): Hotels, lodges, inns, motels Retail uses, service commercial uses and personal service totally within the hostels, lodges, inns and motels 3
TOWN OF THE BLUE MOUNTAINS NOTICE OF ADOPTION OF OFFICIAL PLAN AMENDMENT NOTICE OF PASSING OF ZONING BY-LAW AMENDMENTS TAKE NOTICE THAT the Council of the Town of the Blue Mountains passed By-law No. 2011-1 which adopted Official Plan Amendment No. 12 in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.p. 13 and passed Zoning By-law Amendments No. 2011-2 and 2011-3, under Section 34 of the Planning Act, as amended on the 10th day of January, 2011. The purpose and effect of the Official Plan Amendment and Zoning By-law Amendments is to establish policies for adult entertainment uses. The effect of these Amendments are to permit adult entertainment establishments on lands designated Employment Lands, define uses and establish criteria for the design, built form and location of such uses. This is a town-wide initiative therefore a key map has not been provided. At this time there are no active applications under the Planning Act, pertaining to adult entertainment establishments. OFFICIAL PLAN AMENDMENT Take notice that any person or public body will be entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision (including the person s or public body s address) is made to the approval authority, being the County of Grey Planning and Development Department, 595 9 th Avenue East, Owen Sound, Ontario, N4K 3E3. A notice of the proposed decision from the County of Grey will set out the requirements and last date for filing a notice of appeal of the Official Plan Amendment. ZONING BY-LAW AMENDMENTS Take notice that any person or agency may appeal to the Ontario Municipal Board in respect of the Zoning By-law Amendments by first obtaining a prescribed Appellant Form and filing same with the Clerk of the Corporation of the Town of The Blue Mountains not later than the 8th day of February, 2011 and completing said Form setting out the objection (s) of the Zoning By-law (s) and the reasons in support of the objection (s), together with the required $125 fee for each appeal made payable to the Minister of Finance. And take notice that only individuals, corporations and public bodies may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. Copies of the complete proposed Official Plan Amendment and Zoning By-law Amendments are available for inspection during regular office hours in the Planning Department at the Municipal Office, 26 Bridge Street, Thornbury, Ontario or by contacting the Planning Department directly at (519) 599-3131, extension 262 or visit the Town s website, www.thebluemountains, and click on the Local Government tab and then click on By-laws. DATED at the Town of The Blue Mountains, this 19 th day of January, 2011. Corrina Giles Town Clerk Town of The Blue Mountains P.O. Box 310 26 Bridge Street THORNBURY, Ontario NOH 2P0 (519) 599-3131 5