Title
ZONING REGULATION OF RESTAURANTS AND NIGHTCLUBS
1. That the City of Barrie Comprehensive Zoning By-law 2009-141 and Comprehensive Zoning By-law 85-95 be amended to implement the following measures:
a) Section 3 Definitions be amended by adding a definition for “Nightclub” after the definition for “Naturalized Buffer” as follows:
Nightclub shall mean an establishment that provides alcoholic refreshments and dancing for any period of time during its hours of operation. This shall include establishments which for a majority of their operational hours function as restaurants and convert to offer alcoholic beverages and dancing after the dinner hour, late at night and into the early hours of the morning.
b) Section 3 Definition of an “Outdoor Patio” be amended by adding the word “nightclub” after the words “community centre” so that the definition of Outdoor Patio is as follows:
Outdoor Patio shall mean an outdoor patron area ancillary to a restaurant, conference centre, community centre, nightclub, private club and assembly hall.
c) Section 4 General Provisions and General Standards Table 4.6 be amended by inserting the word Nightclub between Museum and Nursery Garden Supply Centre under the Uses column and inserting the words 1 space per 4 persons following parking standards.
d) Section 4 General Provisions be amended by adding a new section 4.13 as follows:
4.13 NIGHTCLUBS
4.13.1 General Provisions
a) Maximum capacity: 600 persons, including outdoor patio areas, where capacity is the lesser of licensed capacity or occupancy load as calculated under the Building Code or Fire Code requirements.
b) Minimum setback from any Residential zone including residential exception zones: 200m.
c) Minimum distance setback from any nightclub: 200m, measured from the property boundary.
d) Where existing adjoining nightclubs or restaurants are connected by internal passageways used by patrons or staff, the capacity of all the connected uses must be totaled for the purposes of calculating the maximum capacity referred to in subsection 4.13.1(a) and subsection 6.2.6 of this by-law.
e) A new zoning schedule “Schedule 1: City Centre Revitalization Area” be added, showing the boundaries of the Allandale Community Improvement Project Area and the Downtown Next Wave Community Improvement Project Area, as denoted on Appendix “A” attached to Staff Report PLN005-12.
f) Section 6 Commercial Uses, Table 6.2, be amended by inserting a new use Nightclub between Miniature Golf (outdoor) and Nursery Garden Centre, and placing an X in the corresponding column denoting the use shall be permitted in the C1, C2 and C4 zones.
g) Section 6 Commercial be amended by adding 6.2.6 and 6.2.7 after 6.2.5 as follows:
6.2.6 Where nightclubs and restaurants are permitted within the area identified on the attached “Schedule 1: City Centre Revitalization Area,” the capacity of the restaurant or nightclub shall not exceed 350 persons which, for the purpose of this section, shall include any seasonal or permanent outdoor commercial patio area in association with the use, and may include any patio area located either on the subject premises or adjacent to the subject premises, or within the City owned right of way, and shall be based on the lesser of licensed capacity, or occupancy load as calculated under the Building or Fire Code.
6.2.7 All other provisions applicable to nightclubs in section 4.13.1 shall apply to nightclubs in the City Centre Revitalization Area, except that the provisions of section 4.13.1(a) - (d) and section 6.2.6 and 6.2.7 shall not apply to any restaurant or nightclub which is in association with or in combination with a hotel/convention centre, located in the City Centre Revitalization Area.
2. That a map and inventory of existing nightclubs as defined in the proposed zoning by-law amendments be updated to establish a baseline record of legally existing nightclubs at the time of passage of the by-law outlined in Staff Report PLN005-12.
3. That in accordance with Section 34(17) of the Planning Act, no further public notification is required with respect to the amendments as proposed. (PLN005-12) (File: D14TE-BAR)