July 15, 1999

To:Chair and Members, Etobicoke Community Council

From:Karen V, Bricker, MCIP

Director, Community Planning, West District

Subject:Adult Entertainment Facilities - Interim Control By-law

File No: Z-2157

Purpose:

To advise 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:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that this report be received for information.

Background:

In September, 1997, Etobicoke Council enacted Interim Control By-law No. 1997-168, to prohibit the development of Adult Entertainment Facilities in all Commercial and Regional Open Space zones. In conjunction with this by-law, staff were directed to review the policies regulating the location and development of such facilities and report back with recommendations for possible amendments to the Zoning Code. In July of 1998, Toronto Council extended the term of By-law No. 1997-168 for an additional one-year period.

Comment:

Since the adoption of the interim control by-law, staff have been monitoring the status of by-laws adopted by the former North York Council which sought to regulate Adult Entertainment Parlours through locational criteria. It was anticipated that this approach could then be considered for the balance of the City. The North York by-laws are the subject of a Court challenge and appeal to the Ontario Municipal Board. To date, these matters have not been resolved, and the Municipal Board appeal will not be heard until the legal challenge has been settled.

In April, 1999, City Council considered a report from the City Solicitor on the status of the North York by-laws and recommended, in part, that the Commissioner of Urban Planning and Development Services be directed to review the existing zoning provisions of the former municipalities that regulate adult oriented uses, with a view to harmonizing the provisions. In addition, the Commissioner was directed to report, within six months, on means of harmonizing the provisions either through appropriate zoning regulations and/or licensing provisions under the authority of the Municipal Act.

Conclusion:

It is anticipated that members of Council will be advised once the review of the regulations concerning adult oriented uses has been completed. In the interim, By-law 1997-168 will expire in September, 1999. As the term of this by-law has already been extended to the maximum of two years permitted under the Planning Act, there is no opportunity to renew the by-law. However, a report on the matter should be available within six months which will harmonize controls across the City.

Contact Name:

Richard Kendall, Principal PlannerTel: (416) 394-8227

Community Planning, West District Fax: (416) 394-6063

Karen V. Bricker, MCIP

Director Community Planning, West District

RK/nt

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