September 9, 1999

To:Planning and Transportation Committee

From:Acting Commissioner, Urban Planning and Development Services

Subject:Regulation of Hours of Operation - Body Shops/Automobile Service Centres

Purpose:

The purpose of this report is to update Committee on the status of the matter of the regulation of hours of operation of body shops/automobile service centres.

Funding Sources, Financial Implications and Impact Statement:

There are no Financial implications with this report.

Recommendations:

That Committee receive this report for information.

Background:

The Emergency and Protective Services Committee, as it was previously constituted, received a series of reports pertaining to this issue including a report dated November 25, 1998 from the City Solicitor, and reports dated January 22, 1999 and May 5, 1999 from the Commissioner of Urban Planning and Development Services.

Each of these reports recommended that the regulation of the hours of operation of such businesses could be accomplished by amending the Licensing By-law No. 20-85.

However, after reviewing the staff reports before it and upon review of the written and oral submissions from the interested parties, Committee determined that issue as originally presented to staff had grown to encompass not only the hours of operation of body shops and auto service centres, but also car washes and retail gasoline outlets including their associated retail establishments. It was Committee's concern that to address the true issues, there was a need to rationalize and harmonize not only the by-laws pertaining to hours of operation, but also the zoning by-laws and other by-laws that control the impact of a business on its neighbours.

As a result of the debate, Committee:

1.Referred to the Planning and Transportation Committee for consideration the concept of harmonization of all by-laws pertaining to the zoning and hours of operation of body shops/auto service centres, car washes and similar operations; and

2.Requested that the Planning and Transportation Committee give special attention to establishing separate classification to define autobody shops in the licensing By-law No. 20-85.

Further, it was staff's understanding that the matter was to be referred to the Licensing Sub-Committee, once it was fully constituted.

Comments and/or Discussion and/or Justification:

1.Existing By-laws

Currently, regulations of hours of operation of retail gasoline service stations remain in effect in the former Borough of East York and the former City of Toronto.

East York By-law No. 112-92 provides that, subject to any variation approved by Council, all "gasoline shops" be closed between the hours of 7:00 p.m. of each day and 7:00 a.m. of the next following day, Monday to Sunday inclusive.

The City of Toronto Municipal Code provides that, subject to any exemptions provided for in the by-law or variation approved:

i) during the months of January, February, March, April, November and December, all gasoline outlets be closed between the hours of 7:00 p.m. of each Monday, Tuesday, Wednesday, Thursday and Friday and 7:00 a.m. the next following day and between the hours of 7:00 p.m. of each Saturday and 12:00 midnight.

ii)during the months of May, June, July August, September, and October, all gasoline outlets be closed between the hours of 6:00 p.m. of each Monday, Tuesday, Wednesday, Thursday and Friday and 6:00 a.m. the next following day and between the hours of 6:00 p.m. of each Saturday and 12:00 midnight.

2.. Public Garage Project

Following the debate at Committee, the Municipal Licensing and Standards Division of Urban Planning and Development Services instituted a pilot project in the West District that brought together the enforcement staff of Municipal Licensing and Standards (zoning, property standards and licensing) and Works and Emergency Services (boulevards) in an effort to address the issues resulting from the operation of public garages.

The project to date resulted in approximately 21 businesses being investigated. A number businesses were identified as operating without a license and enforcement has been commenced. Several notices have been issued for zoning infractions as well as for property standards violations. There has been a positive response regarding property standards issues and a few of the operators have started cleaning up and are making significant repairs to their building. Some of the zoning issues are serious and will take some time to resolve but these are being pursued.

At the same time, WES has done a review of boulevard parking and has placed curbing on boulevards where illegal parking and storing of vehicles was taking place. Operators have either removed vehicles or have applied for the necessary approvals. WES is also in the process of marking those spaces which have been approved. This will help with enforcement in the future. Staff advise that fewer vehicles are being left/parked/stored on the street in the vicinity of the garages.

Conclusions:

The issue of the hours of operation of body shops/automobile service centres remains unchanged pending a review by the Licensing Sub-Committee of the matter, and further direction of Committee on the concept of harmonization of all by-laws pertaining to the zoning and hours of operation of body shops/auto service centres, car washes and similar operations.

Pending that direction, Municipal Licensing and Standards Division has instituted a pilot project in the West District that brought together the enforcement staff of Municipal Licensing and Standards (zoning, property standards and licensing) and Works and Emergency Services (boulevards) in an effort to address the issues resulting from the operation of public garages.

Contact Name:

Frank Weinstock

City Hall, 12th Floor, East Tower (392-0404)

Reviewed by:

_______________________________________________________________

HAROLD BRATTENJAMES RIDGE

Acting Executive DirectorActing Commissioner

Municipal Licensing and StandardsUrban Planning and Development Services