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,
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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
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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
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