Chapter 4.74
COMMUNITY IMPACT STATEMENTS
Sections:
4.74.010 Purpose.
4.74.020 Community impact statement required.
4.74.030 Community impact statement – Contents.
4.74.040 Review and decision making process.
4.74.050 Appeals.
4.74.060 Retroactive effect.
4.74.070 Review of business licenses.
4.74.080 Review procedure – Council action.
4.74.090 Penalties.
4.74.100 Severability.
4.74.010 Purpose.
Businesses which are not family-oriented and which may have an adverse impact upon family commerce, recreation, education and worship should be encouraged to locate in other communities where their patronage would be more probable and profitable, and where their impact would be more acceptable. To identify such businesses before issuing a business license to the same, the city of Edmonds shall require a study and review of probable impact on the community of any proposed business activity oriented towards serving or attracting a special population of customers, and not oriented toward activities reasonably related to the health, education, safety and welfare of the family. [Ord. 2167 § 1, 1980].
4.74.020 Community impact statement required.
No business license shall be issued to any proposed business which is determined by the city clerk to be oriented towards serving or attracting a special population of customers or patrons, and not oriented toward activities rea-
sonably related to the health, education, safety and welfare of the family, until said proposed business has first prepared and submitted to the city a community impact statement as described in ECC 4.74.030 below; provided that, the following businesses shall be exempt from this requirement:
A. Businesses specifically licensed for conducting that particular business by the state or federal government.
B. Businesses which the city clerk determines would have an insignificant adverse impact on the community, and which are not significantly inconsistent with the purposes of this chapter. [Ord. 2167 § 1, 1980].
4.74.030 Community impact statement – Contents.
A community impact statement shall contain at a minimum the following elements:
A. Detailed description of the proposed business; names and addresses of all owners thereof; proposed location; description of building and facilities; description of merchandise or services to be sold or otherwise provided; proposed hours of operation; profile of expected customers; projected market area; reference to other similar business operations.
B. Analysis of the existing business community within a 300 foot radius of the proposed location, including the following factors, at a minimum:
1. Type of businesses;
2. Profile of customers;
3. Market area;
4. Economic growth/deterioration;
5. Property values;
6. Proximity of residential neighborhoods;
7. Proximity of schools, churches and public facilities.
C. Impact of proposed business upon the factors described in subsection B above.
D. Impact of proposed business upon the physical health, mental health, and social environment of the Edmonds community.
E. Alternative locations for the proposed business; and/or alternative business for the proposed location. [Ord. 2167 § 1, 1980].
4.74.040 Review and decision making process.
A. A completed community impact statement, together with 20 copies, shall be filed by the applicant with the city clerk for review by the city council. Copies of the same shall be distributed by the city clerk to the city community development department, police department, fire department, and public works department, and to the Edmonds public library, the secretary of the Edmonds school board, the secretary of the Edmonds chamber of commerce, and to any other parties requesting the same. The city clerk may assess a charge for the cost of copying any completed community impact statement issued to private parties.
B. The clerk shall invite comments, to be made within 30 days, on the community impact statement from the above identified parties. Within 60 days, the clerk shall make recommendations to the city council on whether the applicant's business license shall be granted or denied and/or whether certain steps shall be taken by the applicant to reduce the adverse impacts of its proposed business on the Edmonds community.
C. The city council shall then schedule a public hearing for the purpose of considering issuance of the business license to the applicant. At the conclusion of the public hearing and any continuances thereof, the city council shall either grant or deny the business license, or grant the business license subject to conditions.
D. It shall be valid grounds for the denial of a business license if the city council finds that a proposed business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter. The possibility of mitigating measures agreed to by the applicant shall be taken into account.
E. No business license shall be denied solely on the basis of the content of written, audio or visual communications sold or made available to customers unless the same is found to be obscene as defined by RCW 7.48.050(2). [Ord. 2167 § 1, 1980].
4.74.050 Appeals.
Any person who desires to appeal any decision of the city council to grant, deny, suspend or revoke a business license issued after preparation of a community impact statement must do so within 20 days of the council's decision by commencing an appropriate action in Snohomish County Superior Court. [Ord. 2167 § 1, 1980].
4.74.060 Retroactive effect.
All procedural elements of this chapter 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 chapter are deemed to be necessary for the immediate protection of the public health, safety and general welfare and shall also apply to said businesses. [Ord. 2167 § 1, 1980].
4.74.070 Review of business licenses.
A. The city council shall maintain continuing jurisdiction to review the license of all businesses which were granted after city council review of that business's community impact statement in order to assure that the public interest is served by the businesses having been issued the same.
B. Review proceedings may be initiated in any of the following ways:
1. Upon written request of the mayor or his designee on any of the following grounds:
a. Violation of the Edmonds City Code, including but not limited to zoning, subdivision, building, plumbing, mechanical or fire codes of the city;
b. Conducting activities other than as described in the community impact statement;
c. Violation of any condition of the business license; or
d. There has been a material change in the licensee's business activities and/or in the merchandise or services provided to customers which change may have adverse impact on the community in violation of the goals and purposes of this chapter.
2. Upon petition filed with the city clerk of not fewer than 25 property owners or tenants or 50 percent of all of the property owners or tenants within a 300 foot radius of the subject business, stating that said business has a significant adverse impact on the community and is significantly inconsistent with the criteria for family-oriented businesses established by this chapter. [Ord. 2167 § 1, 1980].
4.74.080 Review procedure – Council action.
A. Upon receipt of a request for review proceedings, the city council shall set a date for a public hearing and direct the city clerk to mail the licensee notice.
B. The city clerk shall send the licensee notice of the date, time and place of the public hearing by mail to the licensee's business address as stated on its business license. Notices shall also be mailed to those persons whose names and addresses appear on the petition, if such was filed.
C. After the public hearing, the city council may revoke the business license on any of the following grounds:
1. The licensee has made a materially false, incomplete or misleading statement in any application for the business license or in the community impact statement.
2. The nature of the business and/or the character of the surrounding area has so changed such that the business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter.
3. There are material violations of zoning, subdivision, building, plumbing, mechanical or fire codes of the city.
4. The licensee has failed or refused to comply with any mitigating measures or conditions imposed by the council.
5. Conducting activities other than as described in the community impact statement. [Ord. 2167 § 1, 1980].
4.74.090 Penalties.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and, upon conviction therefor, be punished as specified in ECC 5.50.020. [Ord. 2167 § 1, 1980].
4.74.100 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or constitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. [Ord. 2167 § 1, 1980].