Chapter 5.04


5.04.010    Purpose – Family orientation of community.

5.04.020    Required when.

5.04.030    Contents.

5.04.040    Filing – Grant or denial of business permit.

5.04.050    Retroactive effect.

5.04.010 Purpose – Family orientation of community.

A. The city is primarily a residential community providing a labor force for nearby industrial areas. The traditional orientation of the community, and that which is planned for the future, is for family commerce, recreation, education and worship. Businesses and activities which are not family-oriented are inconsistent with the existing development and future plans for the Blaine community, and may have an adverse impact upon them. Such businesses have been found to appeal to special populations which are not normally residing in family-oriented communities; they often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the family members. Existing businesses find that as the character of a commercial environment changes, and that the more notorious the city becomes as a source and outlet of certain businesses the less attractive it is for new families. Existing businesses find that as the character of the commercial environment changes, property values decrease and the central business district deteriorates as to family shopping and the development of new family-oriented businesses.

B. 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. To identify such businesses before issuing a business permit to them, Blaine shall require a study and review of the probable impact on the community of any proposed business activity oriented toward activities reasonably related to the health, education and welfare of the family. (Ord. 1568 § 1, 1980; prior code § 5-1501)

5.04.020 Required when.

No business permit shall be issued to any proposed business which is determined by the city council to be oriented toward serving or attracting a special population of customers, and not oriented toward activities reasonably related to the health, education and welfare of the family, until the proposed business has first prepared and submitted to the city council a community impact statement, as described in BMC 5.04.030; provided, that the following businesses shall be exempt from this requirement:

A. Businesses regulated and/or licensed by special legislation of the state or federal government;

B. Businesses which the city council 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 BMC 5.04.010. (Ord. 1568 § 2, 1980; prior code § 5-1502)

5.04.030 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, description of building and facilities, description of merchandise or services to be sold, proposed hours of operation, profile of expected customers, projected market area, and references to other similar business operations;

B. Analysis of the existing business community within 300 feet of the proposed location, including following factors, at a minimum:

1. Type of business,

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 the proposed business upon the factors described in subsection B of this section;

D. Impact of the proposed business upon the social environment of the Blaine community;

E. Alternative location for the proposed business, and/or alternative business for the proposed location. (Ord. 1568 § 3, 1980; prior code § 5-1503)

5.04.040 Filing – Grant or denial of business permit.

A. A completed community impact statement shall be filed by the applicant with the city clerk. Copies of it shall be distributed by the clerk to all council members, the public library, the secretary of the Blaine School Board, the secretary of the Blaine Chamber of Commerce, and to any other parties requesting them. The city clerk may assess a charge for the cost of copying any statements issued to private parties.

B. Within 30 days of the date the statement is filed with the clerk, the city council shall either grant the business permit or shall call a public hearing for the purpose of considering the same. At the conclusion of the public hearing, and any continuances thereof, the city council shall either grant or deny the business permit, entering written findings of fact supporting its decision.

C. It shall be valid grounds for denial of a business permit 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, as stated in BMC 5.04.010. The possibility of mitigating measures shall be taken into account. No business permit shall be denied solely on the basis of the content of written, audio or visual communications sold or made available to customers. (Ord. 1568 § 4, 1980; prior code § 5-1504)

5.04.050 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 occupancy permit on June 3, 1980. The substantive elements of this chapter are deemed to be necessary for the immediate protection of the public health, safety, welfare and morals, and shall also apply to said businesses. (Ord. 1568 § 5, 1980; prior code § 5-1505)