July 22, 1998
To:Chairman and Members, Etobicoke Community Council
From:Karen V. Bricker, MCIP, Commissioner of Urban Development, Etobicoke
Subject:Adult Entertainment Facilities - Interim Control By-law
File No. 580.70
Purpose :
To advise Members of the Etobicoke Community Council of the status of the Interim
Control By-law for Adult Entertainment Facilities in the former City of Etobicoke.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications.
Recommendation:
It is recommended that this report be received for information and that Interim Control
By-law No 1997-168 not be extended.
Background:
In September, 1997, the former Etobicoke Council enacted Interim Control By-law No.
1997-168, regulating Adult Entertainment Facilities. The purpose of this by-law was to
prohibit the development of restaurants which contain an adult entertainment component in
all Commercial and Regional Open Space (ROS) zones. At that time, staff were directed to
review the policies regulating the location and development standards for adult
entertainment facilities and report back with possible recommendations for amendments to
the Zoning Code.
Comments:
The enactment of the interim control by-law, was intended to regulate the introduction of
Adult Entertainment in proximity to residential zones. Current zoning requirements prohibit
restaurants with an entertainment component from locating within 90 m of residentially
zoned lands. While restaurants are recognized as a permitted use within the Regional Open
Space (ROS) zone, Centennial Park is the only location within the former municipality of
Etobicoke with such zoning. The introduction of a restaurant within the park would be
considered a private venture in a public park and would be subject to the park's master plan
policies and associated scrutiny by staff and possibly Council. Under such circumstances it
is unlikely that an Adult Entertainment Facility would be allowed to open within the park.
Interim Control By-law No. 1997-168 is scheduled to expire in September, 1998. While the
term of an interim control by-law can be extended, the Planning Act stipulates that when
such a by-law has been in effect, Council may not pass another interim control by-law for a
period of three years, for those same lands. Renewal of the interim control by-law at this
time, could hinder future municipal objectives which may require the introduction of another
interim control by-law for commercial lands. Given the existing 90 m setback requirement,
it would be appropriate to allow the interim control by-law to lapse.
In order to maintain fairness and equity across the City, a consistent approach is necessary
to regulate Adult Entertainment. Planning staff have determined that the former North York
Council has passed zoning by-laws which sought to regulate "adult entertainment parlours"
through various locational criteria which could be adopted for the rest of Toronto. However,
a court challenge of these by-laws and an Ontario Municipal Board appeal have been
launched by affected landowners. The Ontario Municipal Board appeal will not be heard
until the legal challenge is completed.
Conclusions:
Given the possible city-wide implications associated with regulating adult entertainment,
and the need to ensure consistency across the City, it may be appropriate to give further
consideration to the approach and standards recently adopted by the former North York
Council. Staff will report further once the status of the North York by-laws and regulatory
approach have been resolved. Until such a time, it would be appropriate to allow Interim
Control By-law No. 1997-168 to lapse.
Contact Name:
Richard KendallTel: (416) 394-8227
Principal Planner, Development and Design DivisionFax: (416) 394-6063
Karen V. Bricker, MCIP
Commissioner of Urban Development
