BYLAW - Amend by law 2213 78 - 19940330 - 353394D>'
!''''"-
(General)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3533-94.D
BEING A BY-LAW to amend By-law No. 2213-78
WHEREAS it is deemed advisable to amend By-law number 2213-78.
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows:
1. That Section 3.148 is hereby amended by deleting the contents of that section and
replacing them with the following:
''3.148 Adult Entertainment Parlour:
means any premises or part thereof in which is provided, in pursuance of a trade, calling,
business or occupation, goods or services appealing to or designed to appeal to erotic or
sexual appetites or inclinations, excluding however a Class "B" Adult Videotape Parlour.
With reference to this use, the following terms shall apply:
(1) "goods" includes books, magazines, pictures, slides, films, phonograph records,
prerecorded magnetic tape and any other reading, viewing or listening matter.
However, "goods" excludes such reading, viewing or listening matter provided
such goods are not "adult videotape" as defined herein and provided the net
revenue generated from the sale of such goods constitutes less than 2% of the
gross receipts in a fiscal year of a trade, calling, occupation or business operated
from any premises or where such goods are not adult videotapes and the net floor
area devoted to the sale of such goods constitutes less than 2% of the total area
of a trade, calling, occupation or business operated from any premises.
(2) "videotape" means cinematographic film, videotape, video disc, computer
diskettes, or other medium which may produce visual images that may be viewed
as moving pictures.
(3) "adult videotape" means any videotape, the contents of which are designed or held
out as designed to appeal to erotic or sexual appetites or inclinations, through the
pictorial, photographic or other graphic depiction of subject matter distinguished
or characterized by the portrayal of one or more persons involved or engaging in
specified sexual activities as defined by this By-law, or by an emphasis on the
display of specified human body areas. "Adult videotape" also includes a
videotape classified by the Ontario Film Review Board as "restricted" arid required
to be characterized with the added information piece "adult sex film".
(4) "Class A Adult Videotape Parlour" means an adult entertainment parlour in which
any person offers to provide adult videotapes to the public, where the proportion
of the floor area set aside for the display of adult videotapes provided is greater
than 10% of the total floor area of the premises.
(5) "Class B Adult Videotape Parlour" means a retail store in which any person
offers to provide adult videotapes to the public, where the proportion of the floor
area set aside for the display of adult videotapes is 10% or less than 10% of the
total floor area of the premises.
(6) "services" includes activities, facilities, performances, exhibitions, viewings and
encounters but does not include the exhibition of film where such film has been
approved under the Theatres Act.
..
~"-'"'
----'
- 2 -
(7) "services designed to appeal to erotic or sexual appetites or inclinations" includes:
i service of which a principal feature or characteristic is the nudity or partial
nudity of any person;
ii service in respect of which the word "nude", "naked," "topless," "bottomless,"
"sexy," or any other word or any other picture, symbol or representation having
like meaning or implication is used in any advertisement.
(8) "to provide" when used in relation to goods includes to sell, offer to sell or
display for sale, by retail or otherwise such goods and "providing" and "provision"
have corresponding meanings. When used in the context of adult videotapes "to
provide" also includes offers to rent, license, lease, exchange or trade, whether
consideration is effected by means of membership, subscription or price of
admittance;
"to provide" when used in relation to services includes to furnish, perform, solicit,
or give such services and "providing" and "provision" have corresponding
meanings."
2. That Section 3 is hereby amended by adding the following as Subsection 3.157:
"3.157 Body Rub Parlour
means 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 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.
For the purposes of this use, body rub shall include the kneading, manipulating, rubbing,
massaging, touching or stimulating by any means of the person's body or part thereof, but
does not include medical or therapeutic treatment given by a person otherwise duly
qualified, licensed or registered to do so under the laws of the Province of Ontario."
3. That Section 27.B.6.1 "General Industrial Specific (M5-1) Exception Zone" is hereby
amended by adding the following to the list of permitted uses:
" an adult entertainment parlour provided the land, building or structure used for
such purposes complies with all provisions of By-law 3496-93, the Adult
Entertainment By-law, as amended, or successor legislation thereto
a body rub parlour provided the land, building or structure used for such purposes
complies with all provisions of By-law 3493-93, the Body Rub Parlour By-law,
as amended, or successor legislation thereto"
4. That Section 6.26.1 is hereby amended by adding the following as Section 6.26.1.19:
"6.26.1.19 Adult Entertainment and/or Body Rub Parlour 16.2 spaces for each
100 square metres of
floor area"
5. That Section 6.26.1.7 is hereby amended by replacing the "Type of Use" provision and
replacing it with the following:
"Auditorium, arena, hall, restaurant, theatre, club, billiard hall, places of amusement and
other places of assembly"
6. That Sections 3.28, 3.61 and 3.86 are hereby amended by adding the words "however
shall not include an adult entertainment or body rub parlour" to the end of the sections.
', __
- 3 -
7. That Section 3.100 is hereby amended by adding the words "however shall not include
a body rub parlour" to the end of the section.
8. That Sections 3.106.i, 3.106.ii, and 3.107 are hereby amended by adding the words
"however shall not include an adult entertainment parlour" to the end of the sections.
9. That Sections 3.29 and 3.127 are hereby amended by adding the words "an adult
entertainment or body rub parlour" to the end of the sections.
10. That Section 3.153 is hereby amended by deleting the contents of that section and
replacing them with the following:
"3.153 Place of Entertainment:
means a motion picture or other theatre, arena, auditorium, public hall, bowling alley, ice
or roller skating rink, billiard hall, proprietary club, or place of amusement, however, shall
not include an adult entertainment parlour or body rub parlour."
11. That Section 3 is hereby amended by adding the following as subsection 3.158:
"3.158 Place of Amusement
means any premises or part thereof wherein more than five (5) amusement devices are
provided for the use of the public for profit or gain, however shall not include an adult
entertainment or body rub parlour."
12. That Section 3 is hereby amended by adding the following as subsection 3.159:
"3.159 Amusement Device
means any mechanical or electronic machine or device intended for use as a game,
entertainment or amusement and offered for public use, whether or not in a place of
amusement, by any person for profit or gain. Without limiting the generality· of the
foregoing, amusement devices include a pinball machine or device including an automatic
machine or slot machine that dispenses as prizes one or more free games, but shall not
include any device used only for the purpose of vending merchandise or providing
services or playing recorded music or any device that would render the premises a
common gaming house within the meaning of the Criminal Code of Canada."
13. That Section 3 is hereby amended by adding the following as subsection 3.160:
14.
15.
"3.160 Billiard Hall:
means an establishment wherein the combined total number of pool, billiard and bagatelle
tables offered to the public for hire or gain exceeds three (3)."
That Section 21.1 and 23.1 are hereby amended by deleting "places of entertainment"
from the list of permitted uses and replacing it with the following:
"places of entertainment, provided the use complies with the requirements of all
applicable regulatory and/or licensing by-laws of the Town of Aurora".
That Section 19 is hereby amended by adding the following as Section 19.5:
"19.5 Accessorv Uses:
In all Commercial Zones, a maximum of five (5) amusement devices shall be permitted
as an accessory use within any premises licensed under the Liquor License Act and a
maximum of three (3) in any premises not licensed under the Liquor License Act. Pool,
billiard and bagatelle tables offered to the public for hire or gain shall be permitted as an
accessory use provided the combined total number of tables does exceed three (3)."
--,,----·=~""""*·~<--~~------~-~~-~-=---'r~·-=-----·-------~·-·-·
/~-~""-,
·----
- 4 -
16. That Section 15:20 is hereby amended by deleting the contents of the section and
replacing them with the following:
"Notwithstanding the.provisions of Section 15.2.3, the maximum lot coverage for the
lands shown zoned R6-16 shall be 35 percent. All other provisions of Sections 15.1,
15.2, 15.3 and 15.4 shall apply."
17. No part of this By-law will come into force until the provisions of the Planning Act have
been complied with, but subject to such provisions the By-law will take effect from the
day of passing thereof.
READ A FIRST AND SECOND TIME THIS 16th DAY OF March, 1994.
READ A THIRD TIME AND FINALLY PASSED THIS 30th DAY OF MARCH , 1994.
~ll}~~
J, WE~AY~R L.ALU.
,,.
(,--
·-.__/.
'-~.---
Explanatory Note
Re: Zoning By-law
By-law J533-94:.,Dnas the following purpose and effect:
To amend By-law 2213-78 the Zoning By-law in effect in the Town of Aurora to:
• add definitions of Adult Entertainment Parlour, Body Rub Parlour, Billiard Hall, Place of
Amusement, Amusement Device and terms related to these uses;
• revise the definition of Place of Entertainment to include a Place of Amusement and cross
reference the licensing/regulatory by-laws where applicable;
• revise a number of defmitions to clarify that Adult Entertainment and/or Body Rub
Parlours are not permitted;
• add Adult Entertainment and Body Rub Parlours as permitted uses in the "General
Industrial Specific (M5-l) Exception Zone" subject to compliance with the
licensing/regulatory by-laws;
• add a parking standard for Adult Entertainment and Body Rub Parlours, Billiard Halls and
Places of Amusement;
• permit a maximum of three amusement devices within unlicensed premises, and a
maximum of five in licensed premises as an accessory use in all Commercial zones;
• permit a combined maximum of three pool, billiard or bagatelle tables as accessory use
in all Commercial zones; and,
• revise the text of the R2-16 zone to correct a previous typographical error
DB# c;;:z I FOLIO# k I '
OB#
('H':H"\t=O ~~~~~~= DATE
DEC 2 2 1994
R 940255
FOLIO#[l'l' I Ontario Municipal Board T n \II~·~ :. i . ' 1 I i:i p i'
BEFORE:
M.E. JOHNSON
Vice-Chair
"' -< f -1-d 1 .~'' c • j 1 l) <> -J
Commission des affaires municipales de I'O~Wi~ ~.-1 ·) E, D -'
Beavertop Investments Limited has appealed to
the Ontario Municipal Board under sub~ctiga:; 28 A10 '1 0 34(19) of the Planning Act, R.S.O. 1990, c.P. 13,' •
against Zoning By-law No. 3533-94.0 ofth;;, J<>)Nn _ ,
of Aurora ·c-1.c:M j uc1 f\li; f'!tNT
)
)
)
Tuesday, the 20th day of
December, 1994
THE APPEAL having been withdrawn;
THE BOARD ORDERS that the appeal against 7oning By-law No. 3533-94.0 is hereby
dismissed.
~~::~~~-:."'\ ~M-wll~l<'
/(_ j/J-i)llj
--z: S UF /L.e-o
4~-¥~·
SECRETARY
DB# I :=:-:--J
[.,_
'L
~ ISSIJI' DATE
AUG 3 0 1994
Ontario Municipal Board
eblmmission des affaires municipales de !'Ontario
3\ BWOP Investments Limited has appealed to
'94 ~\IIJ the Ontario Municipal Board under· subsection
_,,~4,{1~!¢ the Planning Act, R.S.O. 1990, c. P.13
CLERK'S Dtt~inst Zoning By-law No. 3533-94.D ofthe Town
of Aurora
BEFORE:
The Corporation of the Town of Aurora has
requested the Ontario Municipal Board to issue an
order under subsection 34(31) of the Planning Act,
R.S.O. 1990, c. P.13, declaring those parts Of
Zoning By-law No. 3533-94.D not in issue in the
appeal by Beavertop Investments, are deemed to
come into force on Wednesday, the 30th day of
March, 1994
R 940255
D.S. COLBOURNE
Vice Chair
)
)
)
Thursday, the 25th day of
August, 1994
The Board having received a request from the Town of Aurora for an order providing that
the parts of By-law 3533-94.D not in issue in the appeal·shall be deemed to come into
force on Wednesday, the 30th day of March, 1994;
THE BOARD ORDERS that Zoning By-law 3533-94.D be deemed to have come into
force on Wednesday, the 30th day of March, 1994, except for Section 3 of said By-law;
. /~:f[ij_~J/G ~ ~ >:: i:<tl{ F~
-2-
Pursuant to subsection 34(32) of the Planning Act, the Board hereby dispenses with the
giving of notice of motion.
SECRETARY
'