[1]
Code reviser's note: As referred to in this chapter, the preamble to Ord. 1364 reads as follows:
WHEREAS, the City of Enumclaw is primarily a residential and agricultural community; and
WHEREAS, the traditional orientation of the community, and that which is planned for the future, is for family commerce, recreation, education and worship; and businesses and activities which are not family oriented are inconsistent with the existing development and further plans for the Enumclaw community, and may have an adverse impact upon the same; and
WHEREAS, such 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 family 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 the central business district, leaving it in a vacant and deteriorating condition; and
WHEREAS, businesses which are not family oriented, and which would contribute to this adverse situation, 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[.]
The city of Enumclaw shall require a study and review of the probable impact on the community of any proposed business activity oriented towards serving or attracting a special population of customers, and not oriented towards activities reasonably related to the health, education and welfare of the family.
(Ord. 1364 § 1, 1982)
No business license or renewal of business license shall be issued to any business which is determined by the city clerk to be oriented towards serving or attracting a special population of customers, and not oriented towards activities reasonably related to the health, education and welfare of the family, until such proposed business has first prepared and submitted to the city clerk a community impact statement, as described in EMC § 5.03.030; provided, that the following businesses shall be exempt from these requirements:
A. 
Businesses regulated and/or licensed by special legislation of the state or federal government, which legislation:
1. 
Gives the city the right to comment on and object to the issuance of the state or federal license; and
2. 
Authorizes the state or federal agency to control the location of the business.
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, as stated in the preamble of the ordinance codified in this chapter.
(Ord. 1364 § 2, 1982)
A community impact statement shall contain, at a minimum, the following elements:
A. 
Detailed description of proposed business; names and addresses of all owners thereof; proposed location; description of building and facilities; description of merchandise or services to be sold; proposed hours of operation; profile of expected customers' projected market area; references to other similar business operations.
B. 
Analysis of existing business community within 300 feet of 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 of this section.
D. 
Impact of proposed business upon the social environment of the Enumclaw community.
E. 
Alternative locations for the proposed business; and/or alternative business for the proposed location.
(Ord. 1364 § 3, 1982)
A completed community impact statement shall be filed by the applicant with the city clerk. Copies of the same shall be distributed by the clerk to all councilmembers, all city facilities, secretary of the Enumclaw school district, secretary of the Enumclaw Chamber of Commerce, and to any other parties requesting the same. The city clerk may assess a charge for the cost of copying any statements issued to private parties. Within 30 days of the date the statement is filed with the clerk, the city shall either grant the business license, or shall call a hearing for the purpose of considering the same. At the conclusion of the hearing, and any continuances thereof, the city shall either grant or deny the business license, entering written findings of fact supporting its decision should such decision be to deny the business license. It shall be valid grounds for denial of a business license if the city 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, as stated in the preamble of the ordinance codified in this chapter. The possibility of mitigating measures shall be taken into account. If a denial is ruled, the applicant may appeal the decision to the city council by filing an appeal request within 10 days of the date of such written decision with the city clerk. The council must schedule a public hearing to consider the appeal no later than 90 days after the filing of the appeal request. After hearing the appeal, the decision of the council shall be final.
(Ord. 1364 § 4, 1982)
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 of the ordinance codified in this chapter. The substantive elements of this chapter are deemed to be necessary for the immediate protection of the public health, safety and welfare and shall also apply to said businesses.
(Ord. 1364 § 5, 1982)