The regulations for opening a pawn shop in Yorkton have been updated and clarified with Yorkton Council鈥檚 unanimous support of second and third readings to the City鈥檚 Zoning Bylaw Monday.
鈥淎 local entrepreneur approached the City in January with the prospect of starting a new pawn brokerage,鈥� explained Michael Eger Director of Planning, Building & Development, at the regular meeting of Council.
City staff reviewed the proposed business for compliance with City Bylaws 鈥� there are special requirements under Business License Bylaw and the applicant was advised accordingly. The applicant subsequently sought out properties for the business and entered into a tentative lease agreement at 50 Broadway St W, explained a report to Council.
During the review, however, the Director of Planning, Building & Development failed to recognize that a pawn broker/shop is a prohibited use under Zoning Bylaw. This essentially means that existing pawn brokers may operate as legally non-conforming uses, but new pawn brokers cannot be allowed, explained Eger.
鈥淭his discovery jeopardizes the applicant鈥檚 ability to start the business at all, let alone within the timelines established in her agreement. In order for staff to issue the necessary permit and license, an amendment to the Zoning Bylaw would firstly be required,鈥� he said.
Eger said the reasoning for the Bylaw oversight is unclear.
鈥淐urrent staff are not aware if the City intentionally prohibited new pawn brokers when the Zoning Bylaw was adopted in 2003, or if it was an oversight. Regardless, the negative perception of pawn brokers that has existed may be changing and it is likely time to reconsider this matter. Second hand goods have become more sought-after by consumers and TV shows such as 鈥淧awn Stars鈥� have helped to popularize the pawn trade,鈥� he explained.
The Report noted, 鈥淚n this regard, and in consideration of the Director鈥檚 error leading to the applicant鈥檚 tenuous lease situation, Administration is of the opinion that amendments should be considered to the current Zoning Bylaw, rather than waiting for adoption of the draft Zoning Bylaw. There is also concern that a specific land use could be overlooked in the new Zoning Bylaw. It is an enormous document and it will be virtually impossible to ensure that there are no oversights either by Council or Administration.
鈥淎s such, Planning Services is prepared to support amendments to the Zoning Bylaw to allow for pawn brokers as a Discretionary (Council-approved) Use in C-1 City Centre Commercial, C-2 Arterial Commercial, CMI-1 Commercial-Industrial (Transitional) zones, and as a Permitted Use in MI-1 Light Industrial and MI-2 Heavy Industrial zones. The approval of a new pawn broker would also be subject to their separation of 175 metres from existing pawn brokers, public education facilities and (commercial) daycare centres 鈥� this regulation helps to prevent ghettoization and ensures better compatibility with neighbouring land uses.鈥�
The amendment was also designed to clarify what can be sold in certain businesses.
鈥淎t the same time, Planning Services would like to address a long-standing issue regarding the sale of second hand goods from retail stores. The Zoning Bylaw currently prohibits developments that offer second hand goods for resale. To get around this issue, recent applications for businesses such as Value Village have been approved as Retail Stores, as new products are sold in addition to selling second hand goods. Other retail stores offering second hand goods have also cropped up, and demand for second hand goods seems to be growing,鈥� continued the report.
鈥溾�he current definition of Retail Stores specifically states that this use class does not include the sale of second hand goods. However, the Bylaw does not otherwise define them or allow for this activity. Again, current staff are unsure if this was done intentionally, or if it was an oversight when the Zoning Bylaw was adopted.鈥�
The application was presented to the Planning & Infrastructure Commission at their March 30, 2016 meeting. The Commission recommended that Council consider approval of the proposed Zoning Bylaw amendment.
Council passed first Reading and approved public notice for the proposed bylaw at the March 21st meeting. The bylaw was advertised on the City website, at City Hall, and in the local newspaper. As of the date of this report, no responses have been received.
