11 - PAWN SHOP DEFINITION AND ZONINGItem No. 11
memorandum
TO: Mayor & Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: "PAWN SHOP" DEFINITION AND ZONING
DATE: June 6, 2017
BACKGROUND: Recently a potential applicant met with city staff requesting to establish a
pawn shop business in an existing structure. There is no definition of a "pawn shop" in the
Zoning Ordinance. Section 8 -109: Classification of New and Unlisted Uses requires that said
new uses shall be listed, defined, and stated as to what zoning districts said uses will be allowed,
not permitted, and/or require a Specific Use Permit.
STATUS OF ISSUE: The city staff finds the following:
A. Definition of a Pawn Shop: The following definition is derived from the Texas Finance
Code, Section 371.003: "`Pawnshop' means a location at which or premises in which a business
regularly (a) lends money on the security of pledged goods; or (b) purchases goods on condition
that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed
period. For the purposes of this definition, `pawn transaction' means the pledging with a
pawnbroker of a single item of goods as security for a loan of money, and `pledged goods'
means goods deposited with or otherwise delivered into the possession of a pawnbroker in
connection with a pawn transaction."
B. Existing Pawn Shops in Paris: Staff has determined that currently four pawn shops exist in
Paris, within the following zoning districts:
• EZ Pawn -1455 Clarksville Street; zoning is General Retail (GR)
• B & D Jewelry & Pawn Shop -1780 North Main Street; zoning is Commercial (C)
• Paris Jewelry & Loan-2003 Lamar Avenue; zoning is Commercial (C)
• Seay Pawn & Fun -2515 South Church Street; zoning is Commercial (C)
C. Texas Local Government Code (TLGC): Section 211.0035 "Zoning Regulations and District
Boundaries Applicable to Pawnshops" states the following:
"(a) In this section, `pawnshop' has the meaning assigned by Section 371.003, Finance Code.
(b) For the purposes of zoning regulation and determination of zoning district boundaries, the
governing body of a municipality shall designate pawnshops that have been licensed to
transact business by the Consumer Credit Commissioner under Chapter 371, Finance Code,
as a permitted use in one or more zoning classifications.
(c) The governing body of a municipality may not impose a specific use permit requirement
or any requirement similar in effect to a specific use permit requirement on a pawnshop that
has been licensed to transact business by the Consumer Credit Commissioner under Chapter
371, Finance Code."
D. Comments by City Staff: The staff believes that the General Retail (GR) and the Commercial
(C) Zoning Districts are the appropriate districts to allow pawn shop uses. The city staff has
recommended the GR and C districts as permitted uses based on standard city planning practice;
the fact that the four existing pawn shops are located in these districts is incidental to our
decision, although the zoning districts wherein those pawn shops are located provides support to
the staff s recommendation.
The Planniniz & Zoninjz Commission unanimously approved this request at its regular June 5
meeting, with the proviso that outdoor storage not be allowed in GR.
RECOMMENDATION: Approve the definition of pawn shop and recommend that pawn shop
use be allowed in the Commercial (C) and the General Retail (GR) Zoning Districts, within the
City of Paris Zoning Ordinance No. 1710, as stated herein.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTIONS 8 -106
AND 8 -201 TO PROVIDE A DEFINITION FOR "PAWN SHOP" USE AND TO
PROVIDE FOR THE LOCATION OF SUCH USE IN THE GENERAL RETAIL
(GR) AND COMMERCIAL (C) ZONING DISTRICTS; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and
ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957,
and 1965; and
WHEREAS, additional amendments were added to Zoning Ordinance No. 1710
(April 12, 1965) during 1971 through 1987 and 2012 and in 2016 and in 2017;
WHEREAS, the City of Paris staff and officials desire to partially update and amend
portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and
development of the City of Paris, Texas; and
WHEREAS, presently the City of Paris Zoning Ordinance does not have a definition
for pawn shop and therefore does not have a Zoning Ordinance inclusion regarding
district(s) where said uses could be located and regulated; and
WHEREAS, on June 5, 2017, pursuant to Sec. 8 -109, "Classification of New and
Unlisted Uses," the Paris Planning and Zoning Commission held a public hearing, following
notice and publication as required by law, regarding Zoning Ordinance amendments
related to Pawn Shop uses as described herein and, following said hearing, made formal
recommendation to the City Council to approve the requested amendments; and
WHEREAS, on June 12, 2017, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed
amendments to the City Zoning Ordinance, and having considered the recommendations of
the Planning and Zoning Commission and the testimony and evidence introduced at said
public hearing, found and determined that approving the aforesaid amendments would be
consistent with the City Zoning Ordinance, and in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
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Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 8 -106, "Retail and Service Type Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the
same is hereby amended to allow as a permitted use "Pawn Shop," in the General Retail
(GR) and Commercial (C) Zoning Districts.
Section 3. That Section 8 -201 in Section 8 -200, "Special Definitions and
Explanations Noted in Use Regulations," of Zoning Ordinance No. 1710 of the City of Paris,
Texas, be, and the same is hereby amended to add the definition of "Pawn Shop" as item
number 58, with subsequent items renumbered appropriately, to read as follows herein:
"`Pawnshop' means a location at which or premises in which a business regularly
(a) lends money on the security of pledged goods; or (b) purchases goods on
condition that the goods may be redeemed or repurchased by the seller for a fixed
price within a fixed period. For the purposes of this definition, `pawn transaction'
means the pledging with a pawnbroker of a single item of goods as security for a
loan of money, and `pledged goods' means goods deposited with or otherwise
delivered into the possession of a pawnbroker in connection with a pawn
transaction."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris, Texas that
this ordinance, and every provision hereof, shall be considered severable, and the invalidity
or partial invalidity of any section, clause, or provisions of this ordinance shall not affect
the validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above - enumerated sections shall constitute
and be deemed a separate offense.
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Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 12th day of June, 2017, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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Steven J. Clifford, M.D., Mayor