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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 1 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, 2 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. 3 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 4 Off-Premises Signs Moratorium