§ 232-599. Pawn shops, pawnbroker establishments and check cashers.

(a)

Definitions.

Check means a type of negotiable instrument as defined in 13 Pa. C.S. 3104 (f), (g) and (h) and domestic postal orders.

Check casher means any person and/or business entity, whether operating as a proprietorship, partnership, association, limited liability company or corporation, that engages in the cashing of checks for a fee, including, but not limited to, those licensed by the Department of Banking of the Commonwealth of Pennsylvania pursuant to the Pennsylvania Check Casher Licensing Act, 63 P.S. 2301, et seq.

Pawnbroker means any person and/or business entity, whether operating as a proprietorship, partnership, association, limited liability company or corporation, that:

(1)

Engages in the business of lending money on the deposit or pledge of personal property, other than choses in action, securities, or written evidences of indebtedness; or

(2)

Purchases personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or

(3)

Lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security, including, but not limited to, those licensed by the Department of Banking of the Commonwealth of Pennsylvania pursuant to the Pennsylvania Pawnbrokers License Act, 63 P.S. 281-1, et seq.

Pawnbroker establishment means a pawnbroker, as defined herein.

(b)

Locational restriction.

(1)

A check casher, pawnbroker and/or pawnbroker establishment shall be permitted only in general industrial districts, subject to all the regulations applicable to such a zoning district, and further subject to the additional regulation that it shall be unlawful to establish an check casher, pawnbroker and/or pawnbroker establishment within 1,000 linear feet of another check casher, pawnbroker and/or pawnbroker establishment. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the boundary line of the property on which the check casher, pawnbroker and/or pawnbroker establishment is located or conducted, to the nearest boundary line of any other premises on which a check casher, pawnbroker and/or pawnbroker establishment is located.

(2)

No building, premises, structure or other facility that contains any check casher, pawnbroker and/or pawnbroker establishment shall contain any other kind of check casher, pawnbroker and/or pawnbroker establishment.

(c)

Non-conforming uses.

(1)

Any business lawfully operating on the effective date of this section that is in violation of the locational requirements set forth in subsection (b) shall be deemed a non-conforming use.

(2)

Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more check casher, pawnbroker and/or pawnbroker establishment are within 1,000 feet of one another and otherwise in a permissible location, the check casher, pawnbroker and/or pawnbroker establishment first established and continually operated at a particular location is the conforming use and the later-established business is non-conforming.

(d)

Exterior portions of check casher, pawnbroker and pawnbroker establishments.

(1)

It shall be unlawful for a check casher, pawnbroker and/or pawnbroker establishment to allow the exterior portion of the establishment to have flashing lights, or any words, lettering, drawings, and/or pictorial representations of any manner except to the extent permitted by the provisions of this section.

(2)

It shall be unlawful for a check casher, pawnbroker and/or pawnbroker establishment to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a check casher, pawnbroker and/or pawnbroker establishment existing and operating at the time of adoption of this section.

(e)

Signage.

(1)

Notwithstanding any other Township ordinance, code or regulation to the contrary, it shall be unlawful for any check casher, pawnbroker and/or pawnbroker establishment, or any other individual, partnership, firm, association, corporation, or other legal entity, to erect, construct, or maintain any sign for the check casher, pawnbroker and/or pawnbroker establishment other than one primary sign and one secondary sign, as provided herein.

(2)

Primary signs shall have no more than two display surfaces. Each such display surface shall:

a.

Not contain any flashing lights;

b.

Be a flat plane, rectangular in shape;

c.

Not exceed 75 square feet in area; and

d.

Not exceed ten feet in height or ten feet in length.

(3)

Secondary signs shall have only one display surface. Such display surface shall:

a.

Be a flat plane, rectangular in shape;

b.

Not exceed 20 square feet in area;

c.

Not exceed five feet in height and four feet in width; and

d.

Be affixed or attached to any wall or door of the enterprise.

(4)

Primary and secondary signs shall otherwise comply in all respects with the requirements of the Township sign ordinance, sections 232-711, et seq.

(Ord. No. 2007-03, §§ I—V, 2-12-07)

Editor's note

Ord. No. 2007-03, §§ I—V, adopted February 12, 2007, did not specify manner of inclusion; hence, inclusion as § 232-599 is at the discretion of the editor.