HomeMy WebLinkAbout2867 RESOLUTION NO. ~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, imposing a moratorium on the acceptance
of applications for and the issuance of any building, land use, or
development permit or approval for off-premises signs within the
City of Bremerton.
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
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Off-Premises Signs Moratorium
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,
economic, hazards to traffic, and aesthetic impacts these signs impose upon neighboring
properties and the community as a whole; and
WHEREAS, 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
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
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
WHEREAS, the Bremerton 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
WHEREAS, the Bremerton City Council does not intend by this resolution to
impermissibly infringe upon any protected free speech rights; 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 whether any additional, reasonable regulation is necessary
to mitigate the impacts; and prepare for adoption ofperrnissible restrictions to regulate
such uses; NOW THEREFORE,
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Off-Premises Signs Moratorium
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. 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 to RCW 35A.63.220, the Bremerton City Council does hereby declare a moratorium
upon the acceptance of applications for and the issuance of any building, land use, or
development permit or approval (including variances and rezones), or any other permit or
approval required to construct, install, or relocate any off-premises signs as described in the
recitals of this resolution.
SECTION 3. Duration. The moratorium established herein is established for a
period of six months from the effective date of this resolution or until the effective date of any
ordinances establishing new regulations governing off-premises signs, whichever is sooner, and
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 as identified in the Bremerton
zoning code.
SECTION 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council
shall hold a public hearing on this moratorium within sixty (60) days of its adoption.
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 5. 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.
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Off-Premises Signs Moratorium
SECTION 6. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION 7. 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,~,~a~
day of (~..~o-. ,2002.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
ROG'F~ A. LUBOVICH, City~ KA~HLEEN MCCLtJSKEY, City Clerk
R:XLEGALXResolutions\Off~Premises Signs Moritorium.doc
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Off-Premises Signs Moratorium