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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by adopting a separate moratorium while allowing the Home Profession uses to continue; and WHEREAS, the City has rescinded the moratorium on Home Professions in Ordinance No. 017-07 as the impact of that moratorium was greater than was desired by Council; and WHEREAS, the immediate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: FAILED ____________ Michelle Merlino, City Clerk APPROVED AS TO FORM: Sponsored by: FAILED ____________ FAILED _______________ City Attorney John Clauson, Councilman