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O-2005-13
AN ORDINANCE
AMENDING TITLE 17, ARTICLE 5, OF THE LAKEWOOD ZONING ORDINANCE AND CHAPTER 5.24 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE LOCATION OF PAWNBROKER BUSINESSES
WHEREAS, Section 31-15-501, Colorado Revised Statutes, authorizes municipalities to license, tax, regulate, suppress, and prohibit pawnbroker businesses; and,
WHEREAS, the City Council of the City of Lakewood has set the goal of improving the business and residential quality of life in the City; and,
WHEREAS, the concentration of one type of business is not conducive to the need for a diversity of businesses to create a balanced neighborhood and an invigorated economy; and,
WHEREAS, pawnbroker businesses are different from other retail businesses in that they are regulated by statute and ordinance and are monitored by City police to prevent the sale of stolen personal property; and,
WHEREAS, the City Council of the City of Lakewood finds and determines that it is necessary to enact an ordinance to provide for the dispersion of pawnbroker businesses.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Chapter 5.24 of the Lakewood Municipal Code is hereby amended by the addition of a new subsection 5.24.460 to be as follows:
5.24.460 Location of Pawnbroker Businesses.
A. The business premises of a pawnbroker business shall not be located within one (1) mile of the business premises of another pawnbroker business. This restriction shall apply to all pawnbroker business licenses issued under this Chapter 5.24 after the effective date of this Ordinance O-2005-13, which date is May 15, 2005. This restriction shall not apply to the renewal of an existing pawnbroker business license nor shall it apply to the issuance of a pawnbroker license for an applicant who has received a City building permit prior to the effective date of this ordinance for a structure in which a pawnbroker business shall be located.
B. For the purpose of this subsection, the distance between pawnbroker businesses shall be measured in a straight line, without regard to intervening structures, objects, or City limits, from the closest exterior wall of one pawnbroker business to the closest exterior wall of the other pawnbroker business.
SECTION 2. Subsection 17-5-16(2)(a) of the Lakewood Zoning Ordinance is hereby amended by the addition of a new subsection (35) with subsequent subsections to be renumbered accordingly:
(35) Pawnbroker Business, subject to the spacing and licensing requirements established in the Lakewood Municipal Code.
SECTION 3. Subsection 17-5-17(2)(a) of the Lakewood Zoning Ordinance is hereby amended by the addition of a new subsection (35) with subsequent subsections to be renumbered accordingly:
(35) Pawnbroker Business, subject to the spacing and licensing requirements established in the Lakewood Municipal Code.
SECTION 4. Subsection 17-5-18(2)(a) of the Lakewood Zoning Ordinance is hereby amended by the addition of a new subsection (47) with subsequent subsections to be renumbered accordingly:
(47) Pawnbroker Business, subject to the spacing and licensing requirements established in the Lakewood Municipal Code.
SECTION 5. Subsection 17-5-19(2)(a) of the Lakewood Zoning Ordinance is hereby amended by the addition of a new subsection (49) with subsequent subsections to be renumbered accordingly:
(49) Pawnbroker Business, subject to the spacing and licensing requirements established in the Lakewood Municipal Code.
SECTION 6. Subsection 17-5-20(2)(a) of the Lakewood Zoning Ordinance is hereby amended by the addition of a new subsection (61) with subsequent subsections to be renumbered accordingly:
(61) Pawnbroker Business, subject to the spacing and licensing requirements established in the Lakewood Municipal Code.
SECTION 7. Subsection 17-5-21(2)(a) of the Lakewood Zoning Ordinance is hereby amended by the addition of a new subsection (60) with subsequent subsections to be renumbered accordingly:
(60) Pawnbroker Business, subject to the spacing and licensing requirements established in the Lakewood Municipal Code.
SECTION 8. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 9. This ordinance shall take effect forty-five (45) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 28th day of February, 2005; published in full in the Lakewood Sentinel on the 3rd day of March, 2005; set for public hearing on the 28th day of March, 2005; read, finally passed and adopted by the City Council on 28th the day of March 2005; and, signed and approved by the Mayor on the 29th day of March, 2005.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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