ORD 77-03 MORATORIUM ON CONSTRUCTION OR ADVERTISING SIGNORDINANCE NO. 77 3
AN ORDINANCE OF THE CITY OF WINSLOW DECLARING
MORATORIUM ON CONSTRUCTION, ERECTION, OR MAJOR
REPAIR OR ALTERATION OF ANY ADVERTISING SIGN
WITHIN THE CITY OF WINSLOW, PROVIDING FOR A
VARIANCE PROCEDURE TO PREVENT UNDUE HARDSHIP
AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES
FOR VIOLATION THEREOF.
Policy - The City of Winslow is presently preparing a compre-
hensive sign ordinance pursuant to its police powers which ordinance
will regulate for the health, safety and welfare all existing and
future signs located within the City Limits; the final sign
ordinance will provide for removal under a phased procedure of
all existing signs in violation thereof and provide controls and
standards for the erection or construction of any new advertising
signs and that therefore any advertising signs which are erected
between the date of this ordinance and the effective date of the
ordinance now under preparation may create hardship to the owner
thereof or permit an unfair competitive advantage and effectively
interfere with the proper administration of the sign ordinance to
be adopted and that therefore this ordinance is necessary to take
effect immediately for the protection of the public health,
safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINSLOW DO
ORDAIN AS FOLLOWS:
1. Definition - an "advertising sign" as used herein shall
mean any structure or portion thereof that is intended for adver-
tising purposes or on which letters, figures, or pictorial matter
are, or are intended to be, displayed for advertising purposes.
This definition shall not be held to include (a) an unlighted sign
not in excess of 2 feet by 4 feet in area which does not extend
above the roof line of any structure on the property or 10 feet,
whichever is lower, and is used solely to state the name, address,
occupation and/or nature of the enterprise conducted on the pre-
mises; (b) real estate sign advertising for the sale or rent the
F.operty on which it stands; (c) any temporary street banners
erected for not over 10 days upon approval of the City Council;
and (d) any unlighted sign placed within a commercial enterprise
store window for purposes of promoting any on premise or off
premise event.
2. New Construction - Effective March 14, 1977 no adver-
tising sign shall be erected or constructed within the city
limits of Winslow except as provided under the terms of this
ordinance.
3. Repair of Existing Advertising Signs - No major repair
or alteration of any existing advertising sign shall be permitted
except upon approval of the City Engineer for reasons of public
safety. A major repair or alteration is any action regarding an
advertising sign other than routine maintenance done in the
normal course of business to preserve the esthetic and physical
integrity of the existing advertising sign.
4. Variance Procedures - Any person or corporation feeling
aggrieved by any provision of this ordinance may petition the
city council for a variance therefrom. In the event the City
Council feels that a true hardship is imposed upon the petitioner
by strict application of the provisions of this ordinance , the
City Council may grant a variance upon such terms and conditions
as it deems appropriate. In the event the City Council feels
that additional factual information is required before acting
upon the petition, the petition may be referred to the City
Hearing Examiner to conduct a factual hearing and to make the
appropriate recommendations to the City Council. Any action by
the City Council shall be final unless a petition for certiorari
is filed with the Kitsap County Superior Court within 10 days
after the City Council takes any final action.
5. Moratorium - This ordinance shall be temporary in
nature and shall expire on September 30, 1977.
6. Penalties - Conviction of willful violation of any pro-
vision of this ordinance shall be deemed a misdemeanor and punish-
able by a fine of not more than $500 or six months in jail, or
both such fine and imprisonment. In addition to the criminal
penalties hereunder the City may, through the City Attorney, seek
a temporary restraining order or injunction prohibiting violation
of this ordinance in the Winslow Municipal Court or the Superior
Court of Kitsap County.
7. Merger - In the event any article, section or provision
of this Ordinance is held invalid, all other provisions shall
remain in full force and effect.
Passed by the City Council of the City of Winslow on
this 7th day of March, 1977.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Robert W. McKisson
of Beresford, Booth, Lehne, McKisson
& Baronsky
City Attorneys