Citizens For A Better Norwood

Thursday, February 10, 2011

Keith Moore's response to WNNA's PUD request

At Tuesday night's Council meeting, WNNA President Lynn Ellis spoke to City Council regarding WNNA’s letter (see 2/7/11 blog below) to City officials asking for a PUD or other regulatory mechanism to prevent predatory businesses from occupying vacant commercial buildings on Montgomery Rd. Following her remarks, Ward 1 Councilperson Keith Moore responded by presenting copies of a draft ordinance we’re publishing today, along with his guest blog:

Guest Blog by Keith Moore

Several years ago, the Planning Commission, the Law Department and the Building Department were working on limiting the kinds of businesses that could open on Montgomery Road. That got bogged down in a host of details and legal questions about how it should be worded. Ted's Pawn Shop was a signal to me that it was time to get back to work on it.

Last week, I met with Chris Brown from the Law Department and Greg Orosz, who is working on an overhaul of the Zoning Code. Chris prepared a draft ordinance to ban a number of less than desirable uses. It covers not just Montgomery Road, but all of Norwood.

Changes to the Zoning Code start in the Planning Commission. Once they approve a change, it goes to Council. At Tuesday night‘s Council meeting, Council sent Chris' draft below to the Planning Commission to begin the process of putting some restrictions in place. There is more discussion needed on the draft, but I wanted to get the process started again.

The whole process of changing the Zoning Code takes some time, even when everybody agrees on everything and all the paperwork is right.

I want to be clear that a zone change won't stop the pawn shop. They are too far along in the permitting process. But it's a start and will hopefully prevent something like this in the future.

Keith Moore
Ward 1
Norwood City Council

1121.05 Compliance with Use Regulations

(a) No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered no shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

(b) No building, structure, and land shall be used for any of the following uses:
(1.) the storage or processing of scrap metal or junk vehicles
(2.) Junk Yards
(3.) Motor vehicle wrecking
(4.) Escort services
(5.) Sexual encounter centers
(6.) Class-B Retail
(7.) Sanatorium
(8.) Special assistance shelter
(9.) Alcohol and drug rehab clinic or shelter
(10.) Transitional Housing
(11.) Adult Motel
(12.) Day-Labor Business
(13.) Non-therapeutic Massage Parlor

1111.117 Class B Retail

“Class B Retail” means non-FDIC insured financial institutions, short-term-loan establishments, pawn shops, firearms sales, dollar stores, sale of used merchandise except consignment, tattoo parlors, furniture-rental establishments; rent-to-own establishments of merchandise and equipment.

1111.101 Pawn Shop

“Pawn Shop” means any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the property back again to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

1111.126 Short Term Loan Establishment

“Short term loan establishment” means a business engaged in providing short-term loans of money of an original term of less than 31 days, with or without security given by the borrower or with or without a comake, guarantor, endorser or surety, to members of the general public as an element of its operation and which is not a bank or a savings and loan association. Short term loan establishments shall include businesses offering what is, or is marketed as, payday loans, signature loans, title (to vehicles, boats or other personal property, but no real estate) loans, check-cashing loans, small loans and other similar loans; but, does not include pawn shops.

Read on