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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. 2 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 3 Off-Premises Signs Moratorium Renewal