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HomeMy WebLinkAbout3608 ORDINANCE NO. 3608 AN ORDINANCE OF THE CITY OF BREMERTON requiring a study ,,of the impact that the issuance of a business license will have on the present or planned Bremerton community. if any business is issued or renewed a license, authorizing denial of a business license on a finding of significant adverse community impact, and providing ~'~ appellate procedures; and repealing Ordinance 3578. WHEREAS, the City of Bremerton is concerned with the orderly and systematic growth of its community and the prevention of blight and deteri- oration of its present community; WHEREAS, the City of Bremerton comprehensive plan, the Bremerton Area Plan; A Comprehensive Policy Guide for Growth and Development contains among others the following community goals and policies: 1. Achieve and maintain a healthy, high quality environment for the social, economic and physical development of the Bremerton Area. 2. Establish and implement policies, programs and processes which reflect the needs of the community and will con- tinually enhance the health, safety and general welfare of the residents of the Bremerton Area. 3. Manage growth in a way designed to be beneficial for both present and future Bremerton Area residents, so that overall public benefits of such growth exceed the public costs. 4. Promote economic activities which are consistent with community values. WHEREAS, the issuance and renewal of business licenses allows the City to promote economic and orderly growth while preventing 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 commercial 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 ORDINANCE NO. 3608 PAGE 2 WHEREAS, businesses which are not compatible with present or future business districts, and which would contribute to or create an ad- verse situation, should be encouraged to locate in other areas where their patronage would be more probable and profitable, and where their impact would be more acceptable, now, therefore: THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: SECTION 1. Intent. The City of Bremerton shall require a study and review of the probable impact on the community of any proposed business activity, or the continuation of any existing business under a business license renewal process. No business license shall be issued or renewed to any business which is determined by the City Planner to be detrimental to the community or have a significant adverse effect on the present or planned community or to the community goals and policies of the City as expressed in the City's comprehensive plan. SECTION 2. Community, Impact Checklist. All applicants for a new or renewed business license shall be required to complete a Community Impact Checklist in addition to the business license application. The Community Impact Checklist shall accompany the business license applica- tion through all review steps. The City Planner shall review the Community Impact Checklist, information contained in the business license application and other available information and determine if the proposed business has any potential for detrimental or significantly adverse effects to the present or planned future community or to the community goals and policies expressed in the City's comprehensive plan. SECTION 3. Determination to Require a Community ~mpact Statement and Notice. If it is determined by the City Planner that the proposed business could be potentially detrimental to the present or planned com- munity or significantly adverse to the community goals and policies expressed in the City's comprehensive plan the City Planner shall, by certified mail, notify the business license applicant of the requirement for the applicant to prepare and submit a Community Impact Statement to the City Planner as described in Section 7 below. The City Treasurer shall be notified of the require- ment to prepare and submit a Community Impact Statement and the City Treasurer shall not act on the requested business license until the public hearing and determination described in Section 8 below. The City Clerk and City Council shall also be notified of the requirement to prepare and submit a Community Impact Statement. ORDINANCE NO. 3608 PAGE 3 Upon submittal of an adequate Community Impact State- ment copies shall be distributed to all Council members, all affected City departments, Bremerton School District, Bremerton Chamber of Commerce, and to any other parties requesting the same. The City may assess a charge for the cost of copying any statements issued to private parties. SECTION 4. Exempt Businesses. The following businesses shall be exempt from the requirement to submit a Community Impact Statement: a. Businesses which the City Planner determines would not be detrimental or have a significant adverse effect on the present or planned community or the community goals and policies as expressed in the City's comprehensive plan and which are consistent with the purpose and intent of this ordinance. SECTION 5. Appeal of Requiremen% to Subm~ Communi.ty. Impact Statement. Upon notification of the requirement to prepare and submit a Community Impact Statement the applicant for the business license shall have 10 days to appeal that requirement to the City Council by submitting in writing such appeal to the Secretary of the Bremerton Planning Depart- ment. Upon receipt of such appeal the City Planner shall forward all per- tinent documents to the City Council for determination regarding the appropriateness of the requirement to prepare and submit a Community Impact Statement. The City Council shall schedule a public hearing to consider the appeal within 90 days of the receipt of the written appeal. Notice for the hearing shall be the same as in Section 8. The decision of the City Council shall be final. SECTION 6. Notice and Appeal of Determination Not to ReQuire a Community. Impact Statement. Upon the determination by the City Planner that a Community Impact Statement is not required the City Planner shall cause to be published in the principle local newspaper a notice of such determination and of the method to appeal this decision to the Bremerton City Council. Such appeal shall be filed with the Bremerton Planning Department Secretary within 10 days of the publication of notice. Upon receipt of such appeal the City Planner shall forward all pertinent documents to the City Council for a determination regarding the appropriateness of the determination not to require a Community Impact Statement. The City Council shall schedule a public hearing to consider the appeal within 90 days of the reciept of the written appeal. Notice for the hearing shall be the same as in Section 8. The decision of the City Council shall be final. SECTION 7. Community. Impact Statement Contents. A Community Impact Statement shall contain, at a minimum, the following elements: ORDINANCE NO. 3608 PAGE 4 (1) Detailed description of proposed business~ names and addresses of all owners thereof~ proposed location; description of buildings and facilities; a detailed description of merchandise or ser- vices to be sold; proposed hours of operation; profile of expected custo- mers; projected market area; references to other similar business operations; summary of businesses operated in the past by the owners. (2) Analysis of existing business and residential community within 500 feet of proposed location, including the following factors, at a minimum: (a) Type of business; (b) Profile of customers; (c) Market area; (d) Economic growth/deterioation; (e) Property values; (f) Proximity and description 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, business and residential environment of the Bremerton community. (5) Alternative locations for the proposed business~ and/or alternative business for the proposed location. SECTION 8. Hearin~ to Determine Impacts and Effects of Proposed Business and Determination to Issue or Not Issue a Business License. A public hearing before the City Planner on the Community Impact Statement and business license issuance shall be held within 30 days of the receipt of an adequate Community Impact Statement. Notice of such hearing and the availability of the Community Impact Statement shall be published in the principle local newspaper and mailed to the propert~v owners within 250 feet of the proposed business location as their names appear on the records of the County Treasurer ten days prior to the hearing. Also, if applicable, the proposed location of the business shall be posted with notice of said hearing. Upon completion of the public hearing the City Planner shall file written findings of fact and conclusions and shall decide if a business license shall or shall not be issued for the proposed business and shall so direct the City Treasurer. It shall be valid grounds for denial of a business license if the City Planner finds that a proposed business will have a significant adverse impact upon the present or planned community, the community goals and policies of the City's comprehensive plan or will be significantly inconsistent with the purposes of this Ordinance. ORDINANCE NO. 3608 PAGE 5 SECTION 9. Appeal of Decision to Issue or Not Issue a Business License. The decision of the City Planner that a proposed business should or should not be issued a business license shall be appealable to the City Council. Notice of the decision by the City Planner and method of appeal shall be delivered to the applicant by certified mail and shall be published in the principle local newspaper. Upon notification the applicant or any other interested party shall have 10 days to file a written appeal with the Secretary of the Bremerton Planning Department, Upon receipt of such appeal the City Planner shall forward all pertinent records to the City Council for a determination regarding the appropriateness of the decision of the City Planner to issue or not issue the requested business license. The City Council shall schedule a public hearing to consider the appeal within 90 days of the receipt of the written appeal. Notice for the City Council hearing shall be the same as in Section 8. The decision of the City Council shall be final. SECTION 10. Forms and Fees. The City Planner and City Treasurer are hereby authorized to develop such forms from time to time necessary to carry out the intent of this ordinance. Any fees to be required of a business license applicant or appelant to fulfill the process and procedure of this ordinance shall be established by the Council. Once established the fees will be automatically adjusted each January 1 in accordance with the National Consumer Price Index for all urban consumers established in November of each year. Section 11. Des.~gnated Representative. The City Planner may assign duties and responsibilities under this ordinance to a designated representative. Such assignment and designation shall be made in writing. SECTION 12. Application of Ordinance. All 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 protection of the public health, safety and welfare, and shall also apply to said businesses. SECTION 13. Sev~ra.bility. 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 enforceable as originally enacted. ORD'I'NANCE NO. 3608 PAGE 6 APPROVED by the City Council on the first reading this ~'~ day o~ ~~_~_~ , ~o. PASSED by the City Council of the City of Bremerton, signed by the Major and attested by .the City Clerk in authentication of such passage this/__~day of ~_~_~_~_~ , 1980 ATTEST: KATHLEEN L. MANDIO, CITY CLERK