CITY OF PELHAM ORDINANCE NO. 135-214 AN ORDINANCE TO AMEND APPENDIX A, ARTICLE XIV, SECTION 2 BY REMOVING ITEM 6 AND AMENDING APPENDIX A, ARTICLE XV, BY ADDING SECTION 10 OF THE CODE OF ORDINANCES OF THE CITY OF PELHAM WHEREAS, it is the responsibility of the governing body of the City of Pelham to set policies and enact regulations which improve the quality of life for everyone who lives, works or does business in the City and to attract new residents and new and diverse businesses and industry to become a part of the community; and WHEREAS, it is an inherent fimction of the City of Pelham to facilitate growth and diversification of the City’s economic platform through business recruitment, retention and expansion; and WHEREAS, the City of Pelham has experienced a proliferation of certain businesses, including those which are licensed and authorized to operate under Title 5 of the Alabama Code, Chapter 18A Deferred Presentment Services Act and Title 5 of the Alabama Code, Chapter 19. Alabama Pawn Shop Act; and WHEREAS, the Council finds that the over development of payday loan, car title loan, check cashing, gold and silver brokers, tattoo parlor, pawn shop, massage parlors, vape shop, tobacco shop, and used automobile sales businesses, within the territorial confines of the Pelham city limits ‘would be detrimental to the City’s development and effectively limit the ability of the City to attract diverse types of business; and WHEREAS, it is in the best interest of the overall economic development of the City of Pelham to provide for orderly growth and balance the development of all businesses in order to have a diverse and stable economy. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Pelham, Alabama that the City of Pelham has determined it is in the best interest of the City to amend Appendix A, Article XIV, Section 2 by removing Item 6. “Banks and Lending Institutions” and Amending Appendix A, Article XV, by adding Section 10 of the Code of Ordinances of the City of Petham. APPENDIX A, ARTICLE XIV, SECTION 2 — Permitted Uses Removing Item 6. - Banks and Lending Institutions APPENDIX A, ARTICLE XV SECTION 10, Allowing Certain Businesses in B-2 Zones with Distance Separation 1. The following businesses shall be allowed only in B-2 zones: a.) Payday Loan Businesses b.) Automobile Title Loan Businesses ¢.) Check Cashing Stores 4.) Gold and Silver Brokers ©.) Tattoo Parlors £) Pawn Shops g,) Regulated Massage Parlors bh.) Vape Shops i.) Tobacco Shops 4.) Used Automobile Sales Businesses‘The City of Pelham Commercial Development Authority (CDA) shall review all business license applications submitted from the kinds of businesses listed in (a.) through (j.) above. As part of the CDA’s reviews, it will conduct public hearings in which the items described below in (i) through (v.) will be considered and comments from the applicants and other interested parties will be heard. The CDA will also consider any exception requests made related to the distance requirements or other items listed below. After completing an applicable public hearing, the CDA will vote on a recommendation to make to the Pelham. City Council and then submit its recommendation. The Pelham City Council will also consider the items listed below in (i.) through (v.), as well as any requested exceptions, and, shall make the final decision regarding the granting of applicable business licenses. i Protection of public health, safety and welfare ii, Protection of property, including property use, value and enjoyment Traffic and pedestrian safety There shall be a one mile radius separation between like businesses v. Consistency with the City of Pelham’s Comprehensive Plan 2. These restrictions shall not apply to any banking or lending institutions that are insured AND regulated by agencies of the United States of America or the State of Alabama, 3. Used automobile sales businesses shall be exempt from the distance separation restriction as referenced in number one (1.) above. 4, We Buy Gold and Silver businesses shall be required to comply with the State of Alabama pawn shop regulations. 5, These restrictions shall only apply to check cashing businesses where this is the sole or primary purpose for the business rather than an incidental service offered to its customers. 6. All current existing businesses shall be “grandfathered” at their existing physical location. 7. This ordinance shall become effective on the 28" day of May 2017. THEREUPON Ron Scott __,amembermoved and Beth Me Millan member seconded the motion that Ordinance No. 135-214 be given vote. The roll cal vote on said motion was as follows: Rick Hayes Council President Ron Scott ‘Council Member Beth McMillan Council Member Maurice Mercer Council Member EER £ Mildred Lanier Council Member * Ordinance No. 135-214 passed by majority vote of the Council and the Council President declared the same passed.ADOPTED this 23" day of May 2017. Rick Hayes S Coupeil Pregident Ron Scott Council Member Leth qrewnche Beth McMillan Council Member rice Merger [SEAL] ATTEST APPROVED: Marsha Yates, “2 Clerk POSTING AFFIDAVIT 1, the undersigned qualified City Clerk of the City of Petham, Alabama, do hereby certify that the above and foregoing ORDINANCE 135-214 was duly ordained, adopted, and passed by the City Council of the City of Pelham, Alabama at a special called meeting of such Council held on the 23" day of May 2017 and duly published by posting an exact copy thereof on the 24" day of May 2017 at four public places within the City of Pelham, Alabama, including the Mayor’s Office at City Hall, City Park, Library, Water Works and www.pelhamalabama,gov. I further certify that said ordinance is on file in the office of the City Clerk and a copy of the full ordinance may be obtained from the office of the City Clerk during normal business hours. Marsha Yates, “de City Clerk