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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 1 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. 2 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: 3 Unlisted Uses Moratorium