1. General Statement of Intent. Pawnbrokers and delayed deposit service facilities have potential deleterious side effects on surrounding areas containing residential, public and family uses. These negative impacts are lessened when such facilities are located in areas with compatible uses. Therefore, it is the intent of these regulations to prevent the location of pawnbrokers and delayed deposit service facilities in areas with residential, public and family uses. Further, it is the intent of these regulations to provide for sufficient locations for the establishments in areas with compatible facilities and uses.
2. Definitions.
A. “Delayed deposit service” means a person or entity who, for a fee, does the following:
(1) Accepts a check dated subsequent to the date it was written.
(2) Accepts a check dated on the date it was written and holds the check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation, express or implied, made to the maker of the check.
B. “Pawnbroker” means any person or entity whose business consists of buying personal property subject to the right of repurchase or redemption, or of receiving actual possession of personal property as security for loans with or without a mortgage or bill of sale. This definition does not include banks, trust companies, building and loan associates and similar businesses.
3. Location.
A. Pawnbroker or delayed deposit services may be owned and operated in Restricted Industrial Districts (I-1) and General Industrial Districts (I-2). However, pawnbrokers and delayed deposit services may not be located or operated within 1,000 feet of:
(1) Any residentially zoned property.
(2) Childcare facilities, nursery schools, preschools, elementary schools, junior high schools, or high schools.
(3) A church, synagogue, mosque or other religious house of worship.
(4) Park or recreational facilities operated and improved by the City, Linn County, the Linn County Conservation Board or the State of Iowa.
(5) Adult oriented business, pawnbroker, or delay deposit service facility.
B. The distance between the properties and/or facilities identified in (3)(A)(1)-(4) and a pawnbroker or delayed deposit facility shall be measured in a straight line, without regard to intervening structures, from the closest property line of the pawnbroker or delayed deposit facility to the closest property line of the properties and facilities identified in (3)(A)(1)-(4).
C. The distance between any two pawnbrokers or delayed deposit facilities or between adult entertainment establishments and pawnbrokers or delayed deposit facilities shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business.
4. Restrictions.
A. A person shall not operate a delayed deposit service in the City of Hiawatha unless the person is licensed by the State of Iowa to conduct such a business, as required by the Code of Iowa, Chapter 533D.
B. Visibility into the store shall be maintained by utilizing clear, transparent glass on all windows and doors, and by keeping all windows free of obstructions for at least three (3) feet into the store. Product may be displayed for sale in the window provided that the display, including signage, does not occupy more than thirty percent (30%) of the window area. Interior and exterior bars, grills, mesh or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or window.