Amendment to Zoning By-law No. 6752 to

Update Uses Permitted in Commercial Areas

in the Former Township of East York

The East York Community Council, based on the findings of fact and conclusions, recommends the adoption of the report (August 23, 1999) from the Director of Community Planning, East District.

The East York Community Council reports having held a statutory public meeting on September 14, 1999, in accordance with Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act, and the regulations thereunder.

The East York Community Council submits the following report (August 23, 1999) from the Director of Community Planning, East District:

Purpose:

This report responds to a request from the East York Community Council to standardize and update the uses permitted in commercial areas. This report fulfills that objective for Zoning By-law No. 6752. A latter report will address the same issue for Zoning By-law No. 1916.

This report is for consideration by the East York Community Council at the public meeting of September 14, 1999.

Financial Implications:

None

Recommendation:

It is recommended that City Council:

(a)approve amendments to Zoning By-law No. 6752 to standardize and update uses in "C" and "CA" Zones in accordance with the By-law attached to this report; and

(b)authorize the City Solicitor to make such minor changes to the Zoning By-law amendment as may be required to implement Council's direction.

Background:

The East York Community Council at its meeting on January 20, 1999, had before it a communication from Councillor Michael Prue, East York, recommending that appropriate City staff be requested to submit a report to the East York Community Council on policies to standardize and update the uses permitted in commercial areas. The Commissioner of Urban Planning and Development Services was requested to report on this matter

The original communication noted that many neighbourhood stores were restricted to a very limited range of uses and that more liberal policies were required to reflect 1990's commercial markets and to ensure the economic vitality of retail strips.

Comments:

(a)Introduction

Among North American cities Toronto is unusual in the continuing importance of traditional retail strips within the overall commercial structure. Despite the proliferation of shopping centres and the huge growth of big box retail, traditional retail strips have remained and in a few cases have grown, within all parts of the City. They are particularly evident within the Inner City which includes East York, where they continue to account for the majority of retail floor area.

Maps 1 and 2 show retail strips in East York that are designated as "Main Streets Commercial/Residential" in the Official Plan and are subject to the regulatory framework of Zoning By-law 6752. The Pape Avenue retail strip extending from Danforth Avenue to north of Cosburn Avenue is the healthiest and most diverse retail strip. The Donlands Avenue and Coxwell Avenue neighbourhood commercial nodes, both located just south of O'Connor, are also reasonably successful and offer an array of shops, stores, restaurants and business services. The remaining retail areas along Broadview Avenue, O'Connor Avenue, Woodbine Avenue and Dawes Road are discontinuous in nature and are often interspersed with residential uses at grade.

In addition to the above areas which are zoned "C", Maps 1 and 2 identify site-specific exceptions to the general provisions of "C" Zones. These exceptions which are zoned "CA" are also reviewed in this report with respect to allowable uses.

(b)Planning Principles

The review of uses has been initiated by the need for more liberalized provisions respecting allowable uses in commercial areas in order to maintain the vitality of East York's main streets. When uses are too restrictive, reinvestment in these areas suffers because reuse of buildings is discouraged by a regulatory context requiring rezoning for even the most innocuous change of use. At the same time, it is important to recognize that retail strips in East York thrive within close proximity to existing residential neighbourhoods. Inappropriate uses in commercial areas can be detrimental to these neighbourhoods as well as adjacent business owners.

A balance is therefore needed between more liberalized provisions respecting permitted uses for main streets and regulatory provisions which prohibit inappropriate uses. This report carefully reviews uses in commercial areas and proposes changes with this balance in mind.

(c)Review of Uses in "C" Zones

The uses permitted in commercial zones have not been updated for many years. The major purpose of this report is to update the use list for commercial areas to accommodate new uses such as graphic studios and computer repair shops. In addition, under strict interpretation, the current definition for commercial use does not permit renting of goods and services (i.e. video rental stores, Rent-All stores). This report recommends that renting of goods and services be a permitted commercial use.

Appendix A summarizes the primary use permissions pertaining to "C" Zones in Zoning By-law 6752. Section 8.2 specifies that commercial uses are permitted in "C" Zones and Section 4.6 defines the meaning of commercial use. Generally, East York By-law No. 6752 permits a wide range of commercial uses that are very similar to the range of commercial uses permitted on retail strips in the surrounding areas of the City. East York's By-law, however, tends to have more restrictive definitions for some permitted commercial uses. For example, East York's By-law permits service uses in shops in commercial zones and then goes on to list uses permitted in personal service shops and service and repair shops.

Most By-laws in the new City of Toronto tend to use a more generic approach to permitting and prohibiting uses because it allows more flexibility in interpretation and avoids the problem of constantly updating the by-law to reflect new economic uses which may not have existed 10 years ago. For example, North York's By-law permits commercial uses in personal service shops and service shops but defines these terms in a generic fashion instead of listing all permitted uses allowed in shops. This report recommends generic definitions where possible in keeping with similar definitions in other municipalities.

Liberalization of uses in "C" Zones entails revision of Section 4.6 as well as amendments to various defined uses mentioned in this provision. The following is a systematic explanation of proposed amendments to Section 4.6 and related use definitions.

(d)Commercial Use Definition

(i) Primary Definition and Activities

Commercial use is currently generally defined as "the transaction of business, the buying and selling of goods and services in shops stores, offices, banks or similar establishments, Restaurants, Restaurants Take-Out and Restaurants Drive-In (including catering establishments selling food not on premises), and includes" (see Appendix A for list of permitted and excluded uses). It is recommended that this general definition be amended as follows:

4.6Means the buying, renting, repairing and selling of goods and the supplying of services as distinguished from such uses as manufacturing or assembling of goods, warehousing and construction; in shops, stores, offices, banks or similar establishments, and includes:

animal hospitals,

automobile service stations,

custom workshops,

motor vehicle repair shops (exclusive of painting and repairing of bodies and fenders)

restaurants,

restaurants take-out, and

restaurants drive-in (including catering establishments selling food not on premises).

but does not include obnoxious uses or permanent outside open storage and:

adult entertainment parlours,

automatic, coin-operated or ride-through car washing establishments or facilities except where the facility is for private use,

hotels,

the keeping of any billiard pool or bagatelle table by persons for hire or gain,

the keeping or having of any games of skill or chance, or part skill or part chance, excepting bowling alleys which are operated or activated in whole or in part by or with mechanical or electrical means.

The addition of the term renting accommodates such uses as video stores, computer and Rent All stores. The new definition also allows the repairing of goods but makes it very clear that industrial type uses such as manufacturing are not appropriate on Main streets. In addition, restaurant uses have been added to the long list of permitted uses instead of being included in the body of the definition.

(ii) Permitted Uses

Currently, permitted commercial uses includes restaurants, restaurants take-out and restaurants drive-in (including catering establishments selling food not on premises), automobile service stations, motor vehicle repair shops operated wholly within enclosed structures (exclusive of painting and repairing of bodies and fenders), custom workshops, veterinary consulting rooms (not including animal hospitals), and bowling alleys. It is recommended that permitted uses include all of the above except that the limitation on animal hospitals should be repealed. Animal hospitals which allow for the treatment of animals is a common permitted use on retail strips throughout the City and East York residents should also have local veterinary services for their pets.

The term shops includes the defined terms "Personal Service Shop" and "Service and Repair Shop". As described previously, both definitions list a number of allowable uses which can create interpretation problems for a wide variety of similar service and repair uses which are not specifically named. For example, a shop providing graphic services is currently prohibited because it is not specifically named in the current definitions. Another example is a shop that repairs computers and faxes. Such a shop is currently prohibited because it is not specifically listed. It is therefore recommended that these definitions be amended in a more generic fashion as follows to permit such uses as graphic services and computer and fax repair shops.

4.23.CPersonal Service Shop

Shall mean a building or part of a building in which services involving the care of persons or their apparel are performed but does not include a body rub or massage parlour.

4.24.A.2Service and Repair Shop

Shall mean a building or part of a building and whether conducted in conjunction with a retail store or not, for the repair, sale or servicing of articles or products or the provision of services but does not include the manufacturing of goods.

(iii)Excluded Uses

The existing definition of "Commercial Use" specifically excludes a long list of uses (see Appendix I) some of which are listed because they are inappropriate on retail strips due to their obnoxious/nuisance nature (i.e. mushroom raising, poultry hatcheries, etc.) or because they involve open storage (used car sales lots). It is recommended that instead of listing some uses that are obnoxious or involve open storage, which invariably means that other uses that might be obnoxious (i.e. waste recycling) or involve open storage ( i.e. lumber yard) are missed; all obnoxious uses and uses involving open storage should be prohibited on retail strips. It is therefore recommended that the terms obnoxious and open storage which are defined in the by-law in a generic fashion be added to the list of excluded uses on retail strips. This means that other excluded uses such as mushroom raising can be deleted from the list of excluded uses because it would fall under the definition of obnoxious. East York By-law 6752 defines obnoxious as follows:

"4.23.A.1Obnoxious

Shall mean a use which from its nature or operation, creates a nuisance or is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason or unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other material, and includes any use which constitutes a noxious or offensive trade business or manufacture under the Public Health Act, as amended from time to time."

The few remaining excluded uses which do not fall into the above categories including hotels; automatic coin-operated or ride-through car washing establishments or facilities except where the facility is for private use; the keeping or having of any billiard pool or bagatelle table by persons for hire or gain; the keeping or having of any games of skill or chance, or part skill and part chance, excepting bowling alleys; and adult entertainment parlours; should continue to be listed as excluded uses.

(e)Review of Uses in "CA" Zones

There are approximately 20 site-specific amendments to the general "C" zone provisions. All of these amendments are allowed the full gamut of commercial uses as defined by Section 4.6 except for the lands at the south-west corner of Lumsden and Barrington Avenues (Section 8.A.6) and No. 1 Eastdale Avenue (Section 8.A.9). These lands have their commercial permission restricted by the following Zoning By-law definition:

"Neighbourhood Store

When referred to in Sections 8.A.6 and 8.A.9 means a store that serves the needs of the adjacent neighbourhood only and shall include the following: general store, clothing stores, food stores, eating establishments, banks, barber shops, beauty salons, hardware stores, sporting goods stores, dry-cleaning and laundry distributing depots, provided that, where applicable, all such stores are retail establishments, selling new merchandise exclusively, and that all such businesses are conducted wholly within enclosed buildings: but does not include the keeping or having of any billiard, pool, or bagatelle table by persons, for hire or gain, or the keeping or having of any games of skill or chance, or part skill or part chance, which are operated or activated in whole or in part by or with mechanical or electrical means."

A careful inspection of these two properties has not provided any planning rationale for their site-specific commercial use restrictions. It is therefore recommended that Sections 8.A.6 and 8.A.9 should be amended by substituting the term commercial for neighbourhood store. This will allow the repealing of the neighbourhood store definition which creates confusion when interpreting the term store in Section 4.6.

Conclusion:

In the opinion of staff, a slight liberalization of uses on retail strips is warranted in order to promote the continued economic health of these areas by facilitating reuse of existing stores, shops and offices. When uses are too restrictive, inherent delays associated with the approvals process is a disincentive to revitalization. At the same time, opening up uses without conditions can have negative impacts on nearby businesses and residential neighbourhoods.

The recommended amendments to Zoning By-law No. 6752 have been crafted with this delicate balance in mind. A similar review of uses in commercial areas regulated by Zoning By-law No. 1916 is currently underway.

Contact Name:

Ed Mihalcin

Senior Planner East York Office

Tel. No. - 397-4498

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Authority:Community Council Report No. , Clause No.

as adopted by Council on

Enacted by Council:

City of Toronto

Bill No.

By-law No.

To amend Restricted Area Zoning By-law No. 6752, as amended, of the former Township of East York.

Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto Hereby Enacts as follows:

(1)Zoning By-law No. 6752 is hereby further amended by deleting Section 4.6 in its entirety, and replacing it with a new Section 4.6 as follows:

"Commercial Use:

Means the buying, renting, repairing and selling of goods and the supplying of services as distinguished from such uses as manufacturing or assembling of goods, warehousing and construction; in shops, stores, offices, banks or similar establishments, and includes:

animal hospitals,

automobile service stations,

custom workshops,

motor vehicle repair shops (exclusive of painting and repairing of bodies and fenders)

operated wholly within enclosed structures),

restaurants,

restaurants take-out, and

restaurants drive-in ( including catering establishments selling food not on premises).

but does not include obnoxious uses or permanent outside open storage and:

adult entertainment parlours,

automatic, coin-operated or ride- through car washing establishments or facilities except

where the facility is for private use,

hotels,

the keeping or having of any billiard pool or bagatelle table by persons for hire or gain,

the keeping or having or any games of skill or chance, or part skill or part chance, excepting bowling alleys which are operated or activated in whole or in part by or with mechanical or electrical means."

(2)Zoning By-law No. 6752 is hereby further amended by repealing

Section 4.23.A entitled "Neighbourhood Store".

(3)Zoning By-law No. 6752 is hereby further amended by deleting Section 4.23.C in its entirety, and replacing it with a new Section 4.23.C as follows:

"Personal Service Shop:

Shall mean a building or part of a building in which services involving the care of persons or their apparel are performed but does not include a body rub or massage parlour."

(4)Zoning By-law No. 6752 is hereby further amended by deleting Section 4.24.A.2 in its entirety, and replacing it with a new Section 4.24.A.2 as follows:

"Service and Repair Shop:

Shall mean a building or part of a building in whether conducted in conjunction with a retail store or not, for the repair, sale or servicing or articles or products or the provision of services but does not include the manufacturing of goods."

(5)Zoning By-law No. 6752 is hereby further amended by deleting "for neighbourhood stores" in Section 8.A.6 and substituting "for commercial uses" and by deleting "for one neighbourhood store" in Section 8.A.9 and substituting "for commercial uses".

Enacted and Passed this day of , A.D. 1998.

__________________ ___________________________

Mayor City Clerk

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Appendix A

Key East York Zoning By-law No. 6752 Use Provisions

Applying to "C" Zones

Section 8.2Permitted Uses:

Commercial, Institutional, Accessory, Residential, Day Nursery; Notwithstanding Section 4.6 of this By-law, a maximum of 2 pool or billiard tables for hire or gain, which tables may be activated by or with mechanical or electrical means, shall be permitted in conjunction with a premises licensed under the Liquor License Act, as amended from time to time.

4.6 Commercial Use:

Means the transaction of business, the buying and selling of goods and services in shops, stores, offices, banks or similar establishments, Restaurants, Restaurants Take-Out and Restaurants Drive-In (including catering establishments selling food not on premises), and includes:

automobile service stations,

motor vehicle repair shops ( exclusive of painting and repairing of bodies and fenders) operated wholly within enclosed structures,

custom workshops,

veterinary consulting rooms (not including animal hospitals),

bowling alleys;

but does not include:

hotels,

automatic, coin-operated or ride-through car washing establishments or facilities except where the facility is for private use,

used car sales lots,

dry-cleaning or laundry plants, which are not solely intended for neighbourhood retail service,

greenhouses,

kennels,

plumbing shops,

carpentry or wood-working shops,

metal-working shops,

the selling of builder's supplies except in stores,

tire repair shops,

warehousing or storage of any kind, except as an accessory to a retail commercial business,

transportation terminals,

poultry hatcheries, raising of poultry, poultry processing

mushroom raising,

the buying and selling of solid liquid, or gaseous fuels in bulk other than in automobile service stations,

the making or processing of any product which is not solely intended for retail sale on the premises,

the keeping or having of any billiard pool or bagatelle table by persons for hire or gain,

the keeping or having of any games of skill or chance, or part skill and part chance, excepting bowling alleys, which are operated or activated in whole or in part by or with mechanical or electrical means,

the outside display of motor vehicles for sale,

adult entertainment parlours.

4.22.8.BOpen Outside Storage

Means the open air placement and accumulation of goods or materials which are the inputs to or outputs of the industrial, commercial or service and repair activity located on the same lot.

4.23.A.1Obnoxious

Shall mean a use which from its nature or operation, creates a nuisance or is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason or unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other material, and includes any use which constitutes a noxious or offensive trade business or manufacture under the Public Health Act, as amended from time to time.

4.23.CPersonal Service Shop:

Shall mean a building or part of a building in which services involving the care of persons or their apparel are performed including a barber shop, a hair dressing shop, a manicure shop, a shoe repair, a dry cleaning depot and similar service establishments, but does not include a body rub or massage.

4.24.a.2 Service and Repair Shop

Shall mean for the purposes of Section 9.A.1 and Section 8.C, a shop not otherwise classified or defined in this By-law and whether conducted in conjunction with a retail store or not, for servicing or repairing radio and television receivers; vacuum cleaners, refrigerators, washing machines, sewing machines and other domestic appliances, musical instruments, sound and public address systems, hosiery, cameras, toys, jewellery, watches, clocks, safes, and locks, bicycles, wheelchairs, orthopaedic and prosthetic appliances; and any other household goods; and includes a key shop, dry-cleaners shop, a custom framing shop, the business of renting pianos, tents, canopies, chairs, coin machines, costumes, uniforms, bicycles, sound and public address systems and other like articles and equipment.

Insert Map No. 1

Map 1: East York Commercia Areas - West of Greenwood Avenue

Insert Map No. 2

Map 2: East York Commercia Areas - East of Greenwood Avenue