HomeMy WebLinkAbout2907 RESOLUTION NO. 2907
A RESOLUTION of the City Council of the City of
Bremerton, Washington, imposing a moratorium on the acceptance
of applications for any building, land use, or development permit
or approval for Unlisted Uses which, pursuant to BMC 21.02.150,
are not listed in Figures 120 and 140 of the zoning code, Chapter
21.02 as allowable uses by zones in the City.
WHEREAS, BMC 21.02.150 entitled "Unlisted Uses" provides that if a use is not
specifically allowed as an allowable use in Figures 120 and 140 of the zoning code, Chapter
21.02, (hereinafter, "Unlisted Use") and the Unlisted Use is similar to a listed use, the Director of
the Department of Community Development may make a written finding as to what zone and
which approval process the Unlisted Use may be permitted; and
WHEREAS, this provision does not provide adequate criteria for reviewing and
considering applications for Unlisted Uses; and
WHEREAS, the City is facing the potential of applications for development of
Unlisted Uses within the City; and
WHEREAS, because the Bremerton Municipal Code does not adequately address
the placement of these uses and the impacts that these uses may present, the protection of the
public health, safety, and general welfare would be jeopardized by the establishment of such
facilities prior to a review of the matter or adoption of new regulations by the City Council; and
WHEREAS, the citizens of Bremerton would be well-served if the City more
fully addressed and understood the potential impacts in the form of health, safety, economics,
hazards to traffic, and aesthetics Unlisted Uses may impose upon neighboring properties and the
community as a whole; and
WHEREAS, the City needs time within which to research its options and to
review existing information on the effects of these facilities and to review the Bremerton
Municipal Code in a comprehensive fashion to determine what code revisions are necessary to
address the impacts of such uses; and
WHEREAS, the City Council finds that the protection of the health, safety, and
welfare supports imposing a moratorium on the acceptance of all applications for any building,
land use, or development permit or approval under the Bremerton Municipal Code for Unlisted
Uses within the City of Bremerton until additional review has been completed and any necessary
code revisions have been adopted by the Bremerton City Council; and
WHEREAS, since the City does not currently have sufficient regulations to
properly review and consider Unlisted Uses, the enactment of a moratorium on processing
applications prior to holding a public hearing is necessary to protect the public health and
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Unlisted Uses Moratorium
welfare of the community; and
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a
public hearing is held within sixty (60) days of adoption; and
WHEREAS, the purpose of this moratorium is to provide time in which the City
Council may study its existing code, ordinances, and the impacts of such uses, during this
moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the
impacts; and prepare for adoption of permissible regulations relating to Unlisted Uses; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION1. Recitals Incorporated. The recitals set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. Moratorium. Due to the findings set forth herein and as authorized
pursuant and subject to RCW 35.63.200, the Bremerton City Council does hereby declare a
moratorium on the acceptance of applications for any building, land use, or development permit
or approval (including variances and rezones), or any other permit or approval required to site
and/or to develop any Unlisted Use within the City of Bremerton.
SECTION3. Pending Applications. Substantiallycompletedappticationsfor
any building, land use, or development permit or approval (including variances and rezones), or
any other permit or approval required to site and/or to develop any Unlisted Use, filed and
accepted by the City prior to the effective date of this moratorium, shall not be affected by this
moratorium.
SECTION 4. Duration. The moratorium established herein shall terminate on
the date a heating on the moratorium is concluded, unless continued following said hearing, or
60 days from the effective date of this resolution, whichever is sooner. During said moratorium,
no building, land use, or development permit or approval shall be issued nor shall any such
permit application be accepted for any such use within the City of Bremerton. ~'
SECTION $. Public Hearing- Scheduled. Pursuant to RCW 36.70A.390, the
City Council shall hold a public heating on this moratorium within sixty (60) days of its
adoption. A public heating on this moratorium will be held by the City Council during its
regularly scheduled Council meeting on October 22, 2003. Immediately after the public hearing,
the City Council shall adopt findings of fact on the subject of this moratorium, either justifying
its continued position or canceling the moratorium.
SECTION 6. Severabilit¥. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
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Unlisted Uses Moratorium
SECTION 7. Rat!fication. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION 8. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this~if.
day of~a~ , 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
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Unlisted Uses Moratorium