§ 52-35e. Nondepository financial institutions.
(a)
Definitions.
(1)
Nondepository financial institution. Any check cashing business, payday advance/loan business, or car title loan business, as defined in this section. This definition excludes:
a.
A state or federally chartered bank, savings and loan association or credit union, or a pawnshop;
b.
Any business that grants or brokers "tax refund advance" loans or other such loans whose value is based on the value of a federal income tax refund due to the consumer; and
c.
A convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least seventy-five (75) percent of the total gross revenue generated on site.
(2)
Check cashing business. An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that provides one (1) or more of the following:
a.
An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;
b.
An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or
c.
The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.
(3)
Payday advance/loan business.
a.
An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that engages in any of the following activities:
1.
Acts or operates as a loan broker between consumers and lending companies;
2.
Issues a "letter of credit" or similar document on behalf of a consumer to a lender;
3.
Collects any or all of the following fees:
i.
A referral fee for referring a consumer to lending company;
ii.
An application fee for filling out the CSO documents; or
iii.
Interest on the funds distributed to the consumer, or payments based on the amount of money distributed to the consumer; or
4.
Requires the consumer to provide the CSO or lending company with a postdated check or authorization to make an electronic debit against an existing financial account.
(4)
Car title loan business.
a.
An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that engages in any of the following activities:
1.
Acts or operates as a loan broker between consumers and lending companies;
2.
Issues a "letter of credit" or similar document on behalf of a consumer to a lender;
3.
Collects any or all of the following fees:
i.
A referral fee for referring a consumer to lending company;
ii.
An application fee for filling out the CSO documents; or
iii.
Interest on the funds distributed to the consumer, or payments based on the amount of money distributed to the consumer.
b.
The CSO or lending company uses a consumer's vehicle title as collateral for a loan.
(b)
Applicability. The following regulations shall apply to all new establishments seeking to obtain a certificate of occupancy as a nondepository financial institution, including new buildings or in any existing building or portion of a building.
(1)
No new nondepository financial institution may be located within one thousand (1,000) feet of another nondepository financial institution, measured in a direct line from property line to property line.
(2)
No new nondepository financial institution may be located in a building that is closer than five hundred (500) feet from the rights-of-way of State Highway 183, State Highway 114, State Highway 161/President George Bush Turnpike, Interstate Highway 635, Loop 12, Spur 348, Spur 482, or State Highway 356 (Irving Boulevard).
(3)
No new nondepository financial institution may be located on a property whose lot line is less than two hundred (200) feet from any single-family residential property line that is zoned for single-family, duplex, or townhouse uses.
(4)
Parking requirements for nondepository financial institutions.
a.
All nondepository financial institutions located within a freestanding building with no other commercial tenant shall provide a minimum of twenty-five (25) parking spaces or one (1) parking space for every one hundred (100) square feet, whichever is greater. All parking shall be located on site. Notwithstanding other provisions set forth in Comprehensive Zoning Ordinance No. 1144, all required spaces must be on site, and shall not be provided through a shared parking agreement, shared parking easement, or on any other off-site location through any method or agreement.
b.
All other nondepository financial institutions that are not subject to the preceding provision shall provide one (1) parking space for every one hundred (100) square feet of gross floor space.
(5)
If there is any conflict between this section 52-35e and an adopted S-P-l, S-P-2, or development plan in a PUD district, the more specific standard shall apply.
(6)
Modifications of the requirements outlined in this section may be accomplished through either an S-P-l (detailed site plan) or a development plan in a PUD district.
(c)
Existing nondepository financial institutions.
(1)
It is the declared purpose of this section that in time all nondepository financial institutions shall come to conform to the provisions of this section.
(2)
A nondepository financial institution that does not conform to these standards and that existed lawfully on the date the use commenced shall be deemed a nonconforming use. A nonconforming use may be continued, so long as it does not increase its level of nonconformity.
(3)
If a nondepository financial institution ceases operations at a particular location for at least thirty (30) consecutive days, or a certificate of occupancy for a different type of use is issued for the same location, a new certificate of occupancy shall not be issued for a new nondepository financial institution at that location without first complying with all the requirements of this section 52-35e.
(4)
With the exception of subsection 52-35e (c)(3) above, existing nondepository financial institutions as of April 23, 2009, that do not comply with the requirements of subsection 52-35e (b) shall be governed by the provisions of section 52-47 of Comprehensive Zoning Ordinance No. 1144.
(Ord. No. 2009-9070, § 1, 4-23-09; Ord. No. 2011-9247, § 1, 3-24-11)