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Home My WebLink About1994-08 05-09 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of May, 1994, at 7 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check Cashing Establishments, and Temporary Employment Businesses within the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 94 -08 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; REGULATING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS STORES, PAWNSHOPS, CHECK CASHING ESTABLISHMENTS, AND TEMPORARY EMPLOYMENT BUSINESSES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background. 1.01. The City's zoning ordinance does not contemplate nor adequately address the classification of secondhand goods stores, pawnshops, and other similar uses. 1.02. The City's zoning ordinance classifies employment agencies as a permitted use in a C1 Service /Office zoning district. The characteristics of temporary employment agencies differ, however, in material respects from other permitted uses in the C1 zoning district. 1.03. The City's zoning ordinance classifies financial institutions as a permitted use in a C1 Service /Office zoning district. The characteristics of check cashing establishments differ, however, in material respects from other permitted uses in the C1 zoning district. 1.04. In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: 1. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. ORDINANCE NO. 94 -08 2. The concentration and density of such uses in the City and its neighborhoods. 3. The effect of such uses on other uses in the surrounding area. 1.05. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to: (a) pawnshops, secondhand goods stores, and other similar uses; (b) check cashing businesses; and (c) temporary employment businesses. Such a study will address the land use and zoning issues, including those referenced above. The study will also address the City's licensing regulations regarding secondhand goods stores and pawnshops and the extent to which the licensing regulations require modifications in order to maintain harmony and consistency between the zoning and licensing regulations. 1.06. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.07. The City Council has directed that such a study be undertaken. 1.08. Minnesota Statutes, section 462.355, subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. Section 2. Definitions. 2.01. "Pawnshop" is a business which loans money on deposit or pledge of personal property, or other valuable thing, or which deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or which loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. 2.02. "Secondhand goods store" is a business that regularly engages in selling or receiving tangible personal property ORDINANCE NO. 94 -08 (excluding motor vehicles) previously used, rented, owned, or leased, but does not include: a. The sale of secondhand goods where all of the following are present: (1) The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization; (2) The items offered for sale are owned by the occupant; (3) The sale does not exceed 72 consecutive hours; (4) No more than four sales are held in any 12 -month period; and (5) None of the items offered for sale was purchased for resale or received on consignment for the purpose of resale. b. The sale of goods at an auction held by an auctioneer, provided that the location of the sale is not regularly used for such sales. c. The sale of secondhand goods taken as part or full payment for new goods where the business is not the primary business of a person. d. A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. e. Goods sold at an exhibition that does not last longer than ten days in any 12 -month period. f. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses. g. Sales made by the sheriff or other public officials in the discharge of their official duties. h. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 2.03. "Check- cashing business" is a business, other than a bank, savings and loan, or credit union, which provides as its principal activity the cashing of checks for a fee. ORDINANCE NO. 94 -08 2.04. "Temporary employment business" is a business which provides as its principal activity the employment of persons on a short -term basis such as daily, weekly, or monthly. Section 3. Planning and Zoning Study; Moratorium. 3.01. A study is authorized to be conducted by City staff to determine how uses such as: (a) secondhand goods store, pawnshops, and other similar uses; (b) check cashing businesses; and (c) temporary employment businesses, should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; and d. the need, if any, for modifications to the licensing regulations regarding secondhand goods stores and pawnshops. 3.02. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.03. A moratorium on the development of: (a) secondhand goods stores, pawnshops, and other similar uses; (b) check cashing businesses; and (c) temporary employment businesses, is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No license or building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor many any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire on December 1, 1994, or such earlier date as may be further adopted by ordinance. The moratorium period may be extended for a reasonable time by ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. ORDINANCE NO. 94 -08 Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 9th day of 1994. Todd Paulson, Mayor ATTEST: /N,I,t�Ta A Deputy Clerk Date of Publication April 20, 1994 Effective Date May 20, 1994 (Brackets indicate matter to be deleted, underline indicates new matter.)