The filed record
Options to Address COVID-19 Impacts on Live Music Venues and Artists
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The decision
2021-10-06 · Toronto Music Advisory Committee · adopted
As filed
The Toronto Music Advisory Committee: 1. Received the report (September 22, 2021) from the Chief Planner and Executive Director, City Planning, and the Executive Director, Municipal Licensing and Standards for information.
On the agenda
As the city filed it
This report provides information in response to the March 25, 2021 request from the Economic and Community Development Committee for staff to review zoning, licensing and other measures to allow live music venues to operate as other business types that would be permitted to remain open, pursuant to Ontario's Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Staff were also requested to review and make any recommendations with respect to the City's Noise By-law (Toronto Municipal Code, Chapter 591) to recognize that, while COVID-19 health regulations are in effect, artists are required to work from home.
Show the rest of As the city filed it, 2,765 more characters as filed
Conversion of live music venues to other uses During the COVID-19 pandemic, public health measures and provincial emergency orders limited the ability for live music venues to operate at regular capacity, or required them to close entirely. During this time, live music venues may consider temporarily shifting to different uses that would be permitted under different public health measures or restrictions, in order to avoid financial hardship and possible permanent closure. The determination of compliance with zoning for an interior use conversion is made by staff in the Toronto Building Division through a range of zoning review applications or during a building permit application. If the interior use conversion complies with the zoning by-law, no further action is required except for an application for a building permit where it is necessary. If the interior use conversion does not comply with zoning, several paths of implementation are available: - Committee of Adjustment minor variance applications; - Zoning By-law amendment applications; and - Temporary Use By-laws. In addition to complying with the applicable zoning regulations, live music venues planning to operate as a different business licence category must also ensure compliance with the City's Licensing By-law (Toronto Municipal Code, Chapter 545). Therefore, if a venue intends to operate as a different business type, they must ensure they obtain the proper licence (if applicable) and adhere to any licensing requirements. Musicians working from home Public health restrictions also limited the ability for musicians and artists to work in production studios and live music venues due to capacity limits and restrictions on non-essential businesses. As a result, they may have been required to work from home or temporarily suspend their operations. Generally speaking, a musician practicing an instrument or singing within their own home, with minimal use of rehearsal equipment such as speakers, amplifiers and mixers, is an incidental and ancillary enjoyment of the home, and can continue as-of-right. Conversely, a group of musicians practicing an instrument or singing, with extensive use of rehearsal equipment such as speakers, amplifiers and mixers, would generally be considered a performing arts studio or production studio, and this use is not permitted in residential zones. The public portrayal of the use, for example by advertising the home as a production studio available for use, is also a factor in considering classification of the use as a performing arts studio or production studio. Amendments to the Noise By-law are not required to allow artists to work from home. The Noise By-law regulates the level of sound, not the content or where it is being played.
Staff recommended
The Chief Planner and Executive Director, City Planning, and the Executive Director, Municipal Licensing and Standards Division recommend that: 1. The Toronto Music Advisory Committee receive this report for information.