8682-13 Extend Moratorium on Small Loan Businesses

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WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality including restricting areas used for businesses and trades; and WHEREAS, this Council by a vote of at least five members thereof determines that this resolution is an emergency measure, that this resolution shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amend- ed Charter of the City of Lakewood and that it is necessary for the immediate preserva- tion of the public proper, health and safety and to provide for the usual daily operation of municipal departments in that the affected businesses are able to apply for a permit immediately notwithstanding the potential application of criminal and zoning codes; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby extends its moratorium on the granting of permits to operate businesses licensed under Ohio's Mortgage Loan Law or Small Loan Law for a period not to exceed six months from the effective date of this resolution in order to allow Council and the Lakewood Planning Commission to continue to review applicable litiga- tion, case law, state code, criminal codes and the Lakewood Zoning Code relative to these establishments. Section 2. For the purpose of this resolution, businesses licensed under Ohio's Mortgage Loan Law or Small Loan Law shall mean those defined in Rev. Code §§ 1321.51 to 1321.60 and Rev. Code §§ 1321.01 to 1321.19, but not those businesses that are chartered under Ohio law, the law of another state, or federal law as a bank, savings bank, trust company, savings and loan association or credit union, or a subsidiary of any of those depository institutions if the subsidiary is regulated by a federal banking agency and is owned and controlled by the depository institution. Section 3. No occupancy permits or any other permits shall be granted to a busi- ness owner who intends to open or devote any floor area of the business to a business li- censed under Ohio's Mortgage Loan Law or Small Loan Law for the period of this mora- torium. No valid existing business in the City may expand in any way that would estab- lish a business licensed under Ohio's Mortgage Loan Law or Small Loan Law for the du- ration of the moratorium. Section 4. The moratorium shall be in effect for a period of six months from the effective date of this resolution or until changes are enacted to amend the Codified Ordi- nances of the City of Lakewood to address these issues or until Council approves legisla- tion explicitly revoking this moratorium, whichever occurs first. Section 5. This resolution is hereby declared to be an emergency measure neces- sary for the immediate preservation of the public peace, property, health, safety and wel- fare in the City and for the usual daily operation of the City for the reasons set forth and