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HomeMy WebLinkAbout3578 AN ORDINANCE OF THE CITY OF BREMERTON requiring a study of the impact that the issuance of a business license will have on the Bremerton community if any business is issued or renewed a license, authorizing denial of a business license or renewal on a finding of significant adverse community impact, and providing appellate procedures WHEREAS, the City of Bremerton is concerned with the orderly and systematic growth of its community and the prevention of blight and deterioration of its present community; WHEREAS, the issuance and renewal of business licenses allows the City to promote economic and orderly growth while prevent- ing the deterioration of presently established areas; and WHEREAS, some businesses have been found to appeal to special populations and often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the present community members; and, WHEREAS, existing businesses, find that as the character of the commerical environment changes, their business drops off, property values decrease and merchants serving the general community are forced to move out of their business district, leaving it in a vacant and deteriorating condition; and WHEREAS, businesses which are not compatible with present or future business districts, and which would contribute to or create and adverse situation, should be encouraged to locate in other areas. where their patronage would be more probable and profit- able, and where their impact would be more acceptable, now, therefore: THE CITYCfX/NCILQFTHECITYOFBP/D4ERTONDOESORDAINASFOLLOWS: SECTION 1. The City of Bremerton shall require a study and review of the probable impact on the community of any proposed business activity or continuation of a present business. SECTION 2. No business license or renewal of business license shall be issued to any bUsiness which is determined by the City Planner to be detrimental to the present or planned future community until such present or proposed business has first prepared and submitted to the City Planner a Community Impact Statement, as described in Section 3 below; provided that the following businesses shall be exempt from this requirement: (1) Business regulated and/or licensed by special legislation of the State or Federal government, which legislation (a) gives the City the right to comment on and object to the issuance of the state or federal license, and (b) authorizes the state or federal agency to control the location of the business. SECTION 3. A Community Impact Statement shall contain, - 1 - at a minimum, the following elements: (1) Detailed description of proposed business; names and addressesof all owners thereof; proposed location; description of building and facilities; description of merchandise or services to be sold; proposed hours of operation; profile of expected customers; projected market area'; references to other similar business operations; list of owners or business activities: (2) Analysis of existing business community within/1000 feet of proposed location, including the following factors, at a minimum: a) Type of businesses; b) Profile of customers; c) Narket area; d) Economic growth/deterioration; e) Property values; f) Prox~nity of residential neighborhoods; g) Proximity of schools, churches and public facilities. (3) Impact of proposed business upon the factors described in sub-paragraph 2 above. (4) Impact of proposed business upon the social and business environment of the Bremerton community. (5) Alternative locations for the proposed business; and/or alternative business for the proposed location. SECTION 4. A completed Community Impact Statement shall be filed by the applicant with the City Clerk, Copies of the same shall be distributed by the Clerk to all Council members, all affected City departments, Bremerton $chool District, Bremerton Chamber of Commerce, and to any other parties requesting the same. The City Clerk may assess a charge for the cost of copying any statements issued to private parties. Within thirty days of the date the statement is filed with the Clerk, the City Planner shall either grant the business license, or shall call a hearing for the purpose of consider- ing the same. At the conclusion of the hearing, and any continuances thereof, the City Planner shall either grant or deny the business license, entering written findings of fact supporting his decision should such decision be to deny the business license. It shall be valid grounds for denial of a business license if the City Planner finds that a proposed business will have a signif- icant adverse impact upon the community and will be significantly inconsistent with the purposes of this Ordinance, as stated in the preamble hereof. The possibility of mitigating m,easures shall be taken into account. If a denial is ruled, the applicant may appeal the decision to the City Council by filing an appeal request within ten days of the date of such written decision with the City Clerk. The council must schedule a Public Hearing to consider the appeal no later than ninety days after the filing of the appeal request. After hearing the appeal, the decision of the Council shall be final. SECTION 5. Ail procedural elements of this Ordinance shall have retroactive as well as prospective application to any and all businesses that have not received a final and unconditional business license on the date of enactment hereof. The substantive elements of this Ordinance are deemed to be necessary for the immediate -2- protection of the public health, safety, and welfare, and shall also apply to said businesses. ~ SECTION 6. If any provision of this Ordinance, or its application to any person or circumstances is held by a Court of competent jurisdiction to.be invalid, the remainder of this Ordinance, or the application of the provision to other persons or circumstances, shall not be affected and shall remain enforce- able as originally enacted. APPROVED by the City Council onthe first reading this ~L~ day of ~~ , 1980. PASSED by the City Council of the City of Bremerton, signed by the Mayor and ~tteSted by the City Clerk in authentication of such passage this ;~-~ day of M~~ ..... ' ...... ', 1980. ROBERT B. STEWART, Mayor Protein ATTEST. · City Clerk - 3 -