2013-12 AMENDING ZONING ORDINANCE - CONSUMER CREDIT SERVICES AND PAWNBROKER

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Excerpts from Plan Commission Minutes of February 7,2013: Cal.No. 12-49 Petition of BILLY TYUS, ASSISTT CITY MANAGER, for amendments to the City of Decatur Zoning Ordinance. Mr. Billy Tyus was sworn in by Mrs. Poland. Mr. Tyus presented the recommendation of staff: The City of Decatur's current Zoning Ordinance does not define certain state licensed credit services such as pawnbroker/pawn shops, title loan, payday loan and consumer instard ent loan businesses ("Consumer Credit Services"). The Zoning Ordinance does recognize define "financial institutions," including banks, mortgage lenders, credit unions under its definition of "Financial Institutions and Services." The City of Decatur's Zoning Ordinance allows "Check Cashing Services" within B-2 Commercial Districts. However, it does not specifically define "pawnbroker/pawn shop, payday loan/title loan and consumer installment loan businesses." With the addition of definitions specific to these types of businesses, the Zoning (Ordinance will clarify and allow these permitted uses and establish minimum separation limitations. Staff has prepared amendments for inclusion in Section 11 (Definitions) and Se ion XII.A (Permitted uses in B-2 Commercial District) to define "Pawnbroker" and "Consumer Credit Services" and allow these as permitted uses in the B-2 District. An ordinance amendment would also require a minimum distance between Consumer Credit Service establishments. SECTION 11 is proposed to be amended by adding the following: "CONSUMER CREDIT SERVICES: Include Consumer Installment Lenders 205 ILCS 670/1 et seq. as amended, Payday Loan Lenders 815 ILCS 122/1-1 et. seq. as amended and Title Secured Lenders 205 ILCS 670/1 et. seq as amended as defined and regulated by the State of Illinois. "PAWNBROKER: As defined and regulated by the State of Illinois, 205 �LCS 510. SECTION XII.A. is proposed to be amended by adding the following: "Consumer Credit Services, when located at least 1500 feet from any o her Consumer Credit Service. Measurements shall be made from the nearest point on 1 he lot lines of each property containing the proposed and existing Consumer Credit Service." "Pawnbroker" The Illinois Department of Financial and Professional Regulations (IDFPR) has exclusive authority to license pawnbrokers/pawn shops and Consumer Credit Services. A search of licenses shows that there are 24 Consumer Credit Service establishments and three (3) active pawnshops in Decatur. Seven (7) of the 24 existing Consumer Credit Service establishments and on (1) of the three (3) pawnshops are located in the B-2 Commercial District according to the Official Zoning District Map. These uses will be permitted uses within the B-2 Commercial Districts if these z1anges are approved while other existing establishments not located in the B-2 district will be allowed to continue to operate as nonconforming uses. The Macon County & Decatur Comprehensive Plan includes both"Quality of Li " and "A Diversified Economy" in its list of goals. The Plan refers to Decatur's Downtown District and its older,