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HomeMy WebLinkAbout2349-08 - ADMIN Ordinance - City Council - 2008/02/04ORDINANCE NO. 2349-08 AN ORDINANCE RELATING TO PAWNSHOPS, AMENDING CHAPTER 36 OF THE ST. LOUIS PARK CODE OF ORDINANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Purpose. The purpose of this Ordinance is to address issues relating to the appropriate locations of pawnshops in the City in order to protect and enhance residential areas and commercial areas located adjacent to residences. The City Council has determined that a reasonable approach is to both separate pawnshops from residential areas and to avoid the concentration of pawnshops, currency exchanges, payday loan agencies, gun shops, liquor stores, and sexually -oriented businesses in commercial areas abutting residential districts. This Ordinance will allow pawnshops either alone or in combination with other uses, in larger commercial areas located away from residential districts. It will also avoid the concentration of pawnshops and the other listed businesses. Section 2. Subsection 36-194(6)(17) of the St. Louis Park Code of Ordinances designating pawnshops as a permitted use in the C-2 general commercial district is deleted in its entirety. Section 3. Section 36-194 of the St. Louis Park Code of Ordinances is amended by adding the following subsection designating pawnshops as a use permitted by conditional use permit in the C-2 general commercial district: (d)(15) Pawnshops. The conditions are as follows: a. The lot must beat least 1,000 feet from the property line of a site containing another pawnshop, currency exchange, payday loan agency, gun shop, liquor store or sexually -oriented business. In the case of a shopping center or multi -use building, the distance shall be measured from the portion of the center or building occupied by the pawnshop. b. The pawnshop use shall not operate in conjunction with a sexually -oriented business. c. The lot shall be located a minimum of 350 feet from any parcel that is zoned residential, or has an educational (academic) use, religious institution, park, library or community center. In the case of a shopping center or multi -use building, the distance shall be measured from the portion of the center or building occupied by the pawnshop. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial. Access to and from local residential streets is prohibited. e. In -vehicle sales or service are prohibited. f. Fire arm transactions are prohibited. Ordinance No. 2349-08 -2- g. The use shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise is permitted. h. Exterior loudspeakers or public address systems are prohibited. i. Visibility into the store shall be maintained by utilizing clear, transparent glass on all windows and doors, and by keeping all windows free of obstructions for at least three feet into the store. Product may be displayed for sale in the window as long as the display, including signage, does not occupy more than 30 percent of the window area. j. Interior and exterior bars, grills, mesh or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or more than ten percent of any individual window or contiguous window area. k. Neon accents and back -lighted awnings shall be prohibited. 1. Parking space requirements shall be determined pursuant to Section 36-361(c) (1). If a pawnshop is combined with another use such as a currency exchange or payday loan agency, each use shall be considered a separate use for purposes of determining minimum parking requirements. Section 4. Section 36-142(22) is amended to read in its entirety as follows: Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. Section 5. Section 36-142 of the St. Louis Park Code of Ordinances is amended by adding the following subsections: Currency exchange means any business or person except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company that is engaged in the business of cashing checks, drafts, money orders, or traveler's checks for a fee. Payday loan agency means any business that has as its primary activity the providing of short- term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. Section 6. Separability. Every section, provision or part of this Ordinance is declared separable from every other section, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. Ordinance No. 2349-08 -3- Section 7. This Ordinance shall be deemed adopted and take effect fifteen days after its publication. Ordinance No. 2343-07 shall remain in effect until that time. First Reading January 7, 2008 Second Reading February 4, 2008 Date of Publication February 7, 2008 Date Ordinance takes effect February 22, 2008 Reviewed for Administration: Attest: Adopted by the City Council February 4, 2008 Appred as to Form and Execition: City Attorney a 1 p newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 7 day of February 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of , 2008, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefg hijklmnopq rstuvwxyz Subscribed and sworn to or affirmed before me on this 7 day of February , 2008 Notary Public MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-31-09 City of St. Louis Park (Official Publication) ORDINANCE NO 2349-08 AN ORDINANCE RELATING TO PAWNSHOPS, AMENDING CHAPTER 36 OF THE ST LOUIS PARK CODE OF ORDINANCES THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 Purpose The purpose of this Ordi- nance is to address issues relating to the appropriate lo- cations of pawnshops in the City in order to protect and enhance residential areas and commercial areas located adjacent to residences The City Council has determined that a reasonable approach is to both separate pawn- shops from residential areas and to avoid the concentra- tion of pawnshops, currency exchanges, payday loan agencies, gun shops, liquor stores, and sexually -oriented businesses in commercial areas abutting residential dis- tricts This Ordinance will allow pawnshops either alone or in combination with other uses, in larger commercial areas located away from residential districts It will also avoid the concentration of pawnshops and the other list- ed businesses Section 2 Subsection 36-194(b)(17) of the St Louis Park Code of Ordinances designating pawnshops as a permitted use in the C-2 general commercial district is deleted in its entirety Section 3 Section 36-194 of the St Louis Park Code of Ordinances is amended by adding the following sub- section designating pawnshops as a use permitted by conditional use permit in the C-2 general commercial dis- trict (d)(15) Pawnshops The conditions are as follows a l he lot must be at least 1,000 feet from the property line of a site containing another pawnshop, currency exchange, payday loan agency, gun shop, liquor store or sexually -oriented business In the case of a shop- ping center or multi -use building, the distance shall be measured from the portion of the center or building oc- cupied by the pawnshop b The pawnshop use shall not operate in conjunction with a sexually -oriented business c The lot shall be located a minimum of 350 feet from any parcel that is zoned residential, or has an educa- tional (academic) use religious institution, park, Li- brary or community center In the case of a shopping center or multi -use building, the distance shall be measured from the portion of the center or building oc- cupied by the pawnshop d Access shall be to a roadway identified in the com- prehensive plan as a collector or arterial Access to and from local residential streets is prohibited e In -vehicle sales or service are prohibited f Fire arm transactions are prohibited g The use shall be contained within a completely en- closed building, and no outside storage, display or sale of merchandise is permitted h Exterior loudspeakers or public address systems are prohibited i Visibility into the store shall be maintained by utilizing clear transparent glass on all windows and doors, and by keeping all windows free of obstructions for at least three feet into the store Product may be displayed for sale in the window as long as the display including signage, does not occupy more than 30 percent of the window area 1 Interior and exterior bars, grills, mesh or similar ob- structions, whether permanently or temporarily af- fixed, shall not cover any exterior door or more than ten percent of any individual window or contiguous window area k Neon accents and back -lighted awnings shall be pro- hibited I Parking space requirements shall be determined pur- suant to Section 36-361(c) (1) If a pawnshop is com- bined with another use such as a currency exchange or payday loan agency, each use shall be considered a separate use for purposes of determining minimum parking requirements Section 4 Section 36-142(22) is amended to read in its entirety as follows Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the bor- rower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan Items held by the lender which are not redeemed by a bor- rower may be put up for sale at the facility to the general public The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted Section 5 Section 36-142 of the St Louis Park Code of Ordinances is amended by adding the following sub- sections Currency exchange means any business or person except a bank, trust company, savings bank, savings and loan as- sociation, credit union or industrial loan and thrift com- pany that is engaged in the business of cashing checks, drafts, money orders, or traveler's checks for a fee Payday loan agency means any business that has as its primary activity the providing of short-term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less Payday loan agencies do not include banks Section 6 Separability Every section, provision or part of this Ordinance is declared separable from every other section, provision or part of this Ordinance If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judg- ment shall not invalidate any other section, provision or part of this Ordinance Section 7 This Ordinance shall be deemed adopted and take effect fifteen days after its publication Ordi- nance No 2343-07 shall remain in effect until that time Adopted by the City Council February 4 2008 Jeffrey W Jacobs /s/ Mayor Published in St Louis Park Sailor February 7, 2008 (Feb 7, 2008) a3 -pawnshop ord