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HomeMy WebLinkAbout2871 RESOLUTION NO. 2871 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting findings of fact and continuing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for off-premises signs within the City of Bremerton. WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption; and WHEREAS, on July 24, 2002, the City Council adopted Resolution No. 2868 imposing a moratorium barring acceptance or approval of any building, land use, or development permit for off-premises signs within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the City Council on the issue of off-premises signs within the City of Bremerton; and WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty days of adoption of the moratorium; and WHEREAS, a public heating was held on August 14, 2002, before the Bremerton City Council; and WHEREAS, the City Council has considered written comments and public testimony and finds it is in the best interest of the City of Bremerton to continue the moratorium for' the protection of the health, safety, and general welfare of the community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: 1 Off-Premises Signs Moratorium Continuation SECTION L Recitals and Finding of Fact Incorporated. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION2. Findings of Fact. The City Council hereby adopts the following findings of fact: 1. The City Council is currently reviewing its policies under the zoning code with regard to the zoning and placement of off-premises signs in the City of Bremerton identified herein as signs that contain a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road directional signs and includes the sign face(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached (hereinafter "off-premises signs"); and 2. A number of off-premises signs are currently located in the City of Bremerton and there is a possibility that the City could, in the near future, receive more applications for off- premises signs that would significantly increase the number of such signs located within the City; and 3. The City Council is concerned about the potential impacts that such signs may create that would be detrimental to public health, safety, and general welfare of the citizens of the City of Bremerton; and 4. The Bremerton Municipal Code does not contain regulations to adequately address the various impacts that off-premises signs present and the protection of the public health, safety, and general welfare would be jeopardized by the continued establishment of such signs prior to a review of the matter and possible adoption of new regulations by the City Council; and 5. 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, economic, hazards to traffic, and aesthetic impacts these signs impose upon neighboring properties and the community as a whole; and 2 Off-Premises Signs Moratorium Continuation 6. The City needs time to review existing information on the affects of these signs and to review the Bremerton Municipal Code in a comprehensive fashion to determine whether it sufficiently addresses the impacts of such uses; and 7. The protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for issuance of any building, land use, or development permit or approval under the Bremerton Municipal Code for off-premises signs until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and 8. The City Council understands that communication displayed by off-premises signs may be protected by the First Amendment of the U.S. Constitution and/or Article I, Section 5 of the Washington State Constitution; and 9. The City Council does not intend by this resolution to impermissibly infringe upon any protected free speech rights; and 10. RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and 11. 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 whether any additional, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible restrictions to regulate such uses. SECTION 3. Continuation of Moratorium. Based on the findings of fact adopted in Section 2, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 2868 to remain in effect for the entire six month period set forth in said resolution. Accordingly, the moratorium shall not expire until midnight on January 23, 2003, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing off-premises signs, which ever is sooner. During said moratorium, no building, land use, or development permit or approval shall be issued, nor shall any such permit or application be accepted for any land use permit or approval for the purpose of off-premises signs within the City of Bremerton. 3 Off-Premises Signs Moratorium Continuation SECTION 4. 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. SECTION 5. 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?5~':~_~ day of ~(~~ _~,~ ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: KATHLEEN MCCLUS[,~EY, City Clerk R:~LEGALXResolutions\Off-Premises Signs Moratorium Extension.doc 4 Off-Premises Signs Moratorium Continuation