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