HomeMy WebLinkAbout2883RESOLUTION NO. ~ 0 ~'_~
A RESOLUTION of the City Council of the City of
Breme~on, Washington, relating to off-premises signs, adopting
findings of fact renewing 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, the City Council is currently reviewing its policies under the zoning
code with regard to the zoning and placement of off-promises 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, the City 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, because the Bremerton Municipal Code does not contain regulations
to adequately address the various impacts that off-premises signs present, 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
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 additional 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 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
Off-Premises Signs
Moratorium Renewal
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, on July 24, 2002, the City Council adopted Resolution No. 2867
imposing a moratorium barring acceptance for any building, land use, or development permit or
approval 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 (60) days of
adoption of the moratorium; and
WHEREAS, a public hearing was held on August 14 2002, before the City
Council and Resolution 28711 was adopted continuing the moratorium until midnight January
23, 2003; and
WHEREAS, staff is requesting a six (6) month renewal of the moratorium in
order to allow City Council and staff sufficient time to continue gathering relevant information,
complete a thorough analysis of the information, determine what, if any, reasonable regulation is
necessary to mitigate the impacts, and prepare for adoption of permissible regulations to regulate
such uses; and
WHEREAS, pursuant to RCW 35.63.200, a public hearing was held on January
22, 2003, to consider renewing the moratorium for a six (6) month period; and
WHEREAS, the City Council has considered all comments and materials
presented; and
WHEREAS, the City Council finds that the protection of the health, safety, and
welfare supports renewing the 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; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
t Resolution 2871 contains two typographical errors. Resolution No. 2867 (not 2868 as stated in Whereas
paragraph 2 and Section 3) imposed the moratorium relating to off-prerrfises signs.
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Off-Premises Signs
Moratorium Renewal
SECTION 1. Recitals Incorporated. The recitals set forth in this resolution and
resolutions 2867 and 2871 are hereby incorporated as if fully set forth herein and are hereby
adopted as Findings of Fact.
SECTION2. Renewal of Moratorium. Based on the Findings of Fact adopted in
Section 1, the City Council hereby determines that it is necessary for the moratorium enacted in
Resolution 2867 and 2871 to be renewed for an additional six (6) month period. Accordingly,
the moratorium shall not expire until midnight on July 22, 2003, unless the moratorium is
shortened or extended by action of the City Council or until the effective date of any ordinances
establishing new regulations governing off-premises signs covered by this moratorium,
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
within the City of Bremerton.
SECTION3. Severability. 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 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
/~ PASSED by the City
day of ~..~t.8.~i.~, 2003.
Council of the City of Bremerton, Washington this,,~a~
CAROL ARENDS, Council President
APPROVED AS TO FORM:
R:~LEGAL~Resolutions\Off-Premises Signs Morato~um Renewal,doc
/(ATHL~CrC~,:U~KEY,
City Clerk
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Off-Premises Signs
Moratorium Renewal