016-07 - Ordinance - Moratorium on Signage for Home ProfessionsFailed at June 11, 2007 Council Meeting
ORDINANCE NO. 016-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON IMPOSING A MORATORIUM ON SIGNAGE FOR
HOME PROFESSIONS ALLOWED AS ACCESSORY USES IN
RESIDENTIAL ZONES AND SETTING A PUBLIC HEARING ON
THE MORATORIUM
WHEREAS, the City is in the process of reviewing its development regulations and it
has come to the City Council’s attention that the City has insufficient regulations for home
occupations and home professions; and
WHEREAS, a moratorium enacted pursuant to RCW 35.63.200 is one method by
which a city may preserve the status quo so that new regulations will not be rendered moot by
intervening uses; and
WHEREAS, a moratorium is necessary to provide the City with sufficient time to
study the issues inherent in home occupations and home professions as accessory uses in
residential zones, and to develop sufficient development regulations to govern such uses; and
WHEREAS, the City has adopted a moratorium on Home Occupations and Home
Professions was accessory uses within residential zones under Ordinance No. 005-07; and
WHEREAS, the overriding concerns associated with Home Professions, as opposed
to Home Occupations, is the impact of commercial signage within a residential community; and
WHEREAS, the impacts of signage associated with Home Professions can be managed
by adopting a separate moratorium while allowing the Home Profession uses to continue; and
WHEREAS, the City has rescinded the moratorium on Home Professions in
Ordinance No. 017-07 as the impact of that moratorium was greater than was desired by Council;
and
WHEREAS, the immediate enactment of a moratorium on signage for home
professions allowed as accessory uses within all residential zones is necessary to protect the public
health, safety or welfare and is a legitimate exercise of the City’s police power, and
WHEREAS, RCW 35.63.200 requires that a public hearing be set within 60 days of the
adoption of a moratorium; and
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying
adoption of this ordinance; now therefore,
Failed at June 11, 2007 Council Meeting
Ordinance No. 016-07
Page 2 of 3
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A moratorium is hereby imposed upon signage for home professions within all
residential zones in the City. While this moratorium is in effect, no sign for home professions shall be
allowed within any residential zone in the City and no permit shall be issued for such use, unless the
was an established legal use prior to the effective date of this ordinance.
Section 2. As used in this ordinance, “home profession” shall have the meanings as
defined in Part B2 of Ordinance No. 1748; and
Section 3. This moratorium shall remain in effect until September 25, 2007, unless earlier
terminated pursuant to the terms of Section 4 below.
Section 4. It is the intent of the Council to adopt new development regulations related to
home occupations and home professions within certain residential zones within the City, which will also
address issues associated with signage. It is anticipated that the new regulations will be adopted prior
to the expiration of this moratorium. It is the intent of the Council to repeal the moratorium as soon as
the new development regulations are adopted. However, if the City Council deems it necessary, the
moratorium may be renewed for one or more six-month periods if a subsequent public hearing is
held and findings of fact are made prior to each renewal.
Section 5. Pursuant to RCW 35.63.200, a public hearing shall be held on the moratorium
at 7:00 P.M. on July 23, 2007 at the Port Orchard City Hall, 216 Prospect, Port Orchard, Washington.
Section 6. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
Section 7. Each and every provision of this Ordinance shall be deemed severable. If any
provision of this Ordinance should be deemed to be unconstitutional or otherwise contrary to law by a
court of competent jurisdiction, then it shall not affect the validity of the remaining sections so long as
the intent of the Ordinance can be fulfilled without the illegal section.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
Failed at June 11, 2007 Council Meeting
Ordinance No. 016-07
Page 3 of 3
attested by the Clerk in authentication of such passage this 11th day of June 2007.
____FAILED_______________________
KIM E. ABEL, MAYOR
ATTEST:
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Michelle Merlino, City Clerk
APPROVED AS TO FORM: Sponsored by:
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City Attorney John Clauson, Councilman