ORD 77-27 MORATORIUM ON CONSTRUCTIONORDINANCE NO. 77-27
AT 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 comprehensive
sign ordinance pursuant to its police powers w'~ch 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.
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
sign or structure or portion thereof, temporary or permanent that is
intended for advertising 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 premises; (b) real estate sign
advertising for the sale or rent of ~he proper~y on which i~ s~ands; (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 C3nstruction - Effective December 19, 1977 no advertising 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 e~ent 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 shal
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 acti
5. Moratorium - This ordinance shall be temporary in nature and shall
expire on February 28, 1978.
6. Penalties - Conviction of willful violation of any provision of this
ordinance shall be deemed a misdeameanor and punishable 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 5th day of
December, 1977.
ATTEST:
Norma Sue Frix
Clerk/Treasurer