HomeMy WebLinkAboutR-2013-132 Digital Signs Moratorium - Set Hearing Date RESOLUTION NO. R- 2013 -132
A RESOLUTION adopting Findings of Fact supporting a six -month moratorium, enacted
October 1, 2013 pursuant to Ordinance No 2013 -047, on the acceptance of
applications for the installation, erection, construction, replacement,
modification, or improvement of digital signs up to 72 square feet in size
using changing electronic, digital, or changeable message copy, in all
zoning districts; such moratorium to be effective for six months, through
April 1, 2014; exempting from such moratorium vested applications for
digital sign installation or relocation permits, and applications for repair of
existing digital signs for purposes or implementation of safety
improvements mandated by state or federal standards, and setting October
15, 2013 as the date for the public hearing on the moratorium; and
authorizing the City Manager to study and develop appropriate
comprehensive land use, licensing or registration regulations addressing
such issues for consideration by the City Council.
WHEREAS, pursuant to RCW 36.70A.390 and RCW 35.63 200, the City Council of the
City of Yakima on October 1, 2013 adopted Ordinance No. 2013 -047 imposing a moratorium for
six months prohibiting the filing and acceptance of development applications for, the installation
of, and issuance of permits and approvals for, digital signs up to 72 square feet in size using
changing electronic, digital, or changeable message copy, in all zoning districts, within the City
of Yakima; and
WHEREAS, the City Council on October 1, 2013 also adopted Ordinance No. 2013 -046
which extended a moratorium on the filing and acceptance of development applications for, the
installation of, and issuance of permits and approvals for billboards and for digital signs more
than 72 square feet in size using changing electronic, digital, or changeable message copy, in
all zoning districts, within the City of Yakima; and
WHEREAS, a separate ordinance concerning a new moratorium for digital signs up to
72 square feet in size is warranted so as to give sufficient notice to the public regarding the
expanded scope of such moratorium; and
WHEREAS, RCW 36 70A.390 and RCW 35.63 200 require the City Council to hold a
public hearing within sixty days after imposition of a moratorium to receive evidence and
testimony regarding imposition of the moratorium, to consider whether such moratorium should
be modified or continue in effect as originally adopted, and to adopt findings of fact supporting
such decision, and
WHEREAS, the City Council has held the required public hearing on October 15, 2013
pursuant to notice duly published, and having considered all evidence and testimony presented,
hereby makes the following
Findings of Fact
1. The City Council of the City of Yakima has authority pursuant to RCW 36.70A.390
and RCW 35.63.200 to adopt a moratorium to preserve the status quo pending
development of comprehensive land use controls and regulations, health and safety
regulations, and business licensing or registration regulations and procedures,
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concerning digital signs up to 72 square feet in size using changing electronic,
digital, or changeable message copy.
2. The City is currently engaged in a comprehensive review of sign standards and
regulations pertaining to billboards and digital signs in conjunction with traffic safety
and abatement of visual clutter within the downtown core area, entryways into the
City, and zoning districts within the City.
3. The City Council finds and determines that current City codes and regulations do not
adequately address digital billboards and signs, changeable electronic message
signs and signs using such electronic LED technologies, including but not limited to
concerns regarding safety of drivers and pedestrians detailed in various traffic safety
studies as described in reports of record herein.
4. The City Council finds that a moratorium is necessary and appropriate within all
zoning districts of the City to preserve the status quo and prevent significant
investment pending the development of a comprehensive code and regulations
pertaining to changing electronic, digital, or changeable message signs, both those
greater than 72 square feet in area and those 72 square feet and less in area.
5 The City Council finds and determines that such moratorium shall not apply to
applications for new digital signs or permits for relocation of existing digital signs that
have vested prior to the effective date of this ordinance, permit applications to
conduct repair of existing digital signs, and permit applications to implement safety
improvements for existing digital signs as mandated by state or federal standards
6 The City Council finds, determines and concludes that sufficient need exists for
imposition of a moratorium, to wit: (a) the City has received proposals for installation
of digital and electronic signs within the City; (b) neither City staff nor the Planning
Commission have had sufficient opportunity to review the effects of digital signs with
regard to concerns for economic development, preservation and /or promotion of
traffic and pedestrian safety, prevention of visual clutter and public nuisances
associated with inadequate code provisions and regulation of digital signs, and
development of a comprehensive plan, program or regulation of digital signs within
all zoning districts of the City; and (c) imposition of this moratorium will preserve the
status quo to enable the City to further study the effects of such uses and to devise
appropriate zoning and regulatory controls to address the effects of such uses.
7. The City Council finds and determines that the moratorium adopted and
implemented pursuant to Ordinance No. 2013 -047 should remain in effect according
to its terms, that a separate moratorium is warranted so as to give the public
sufficient notice of the expanded scope of such moratorium regarding digital signs up
to 72 square feet in size, and that such is in the best interests of residents of the City
of Yakima and will promote the general health, safety and welfare, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The Findings of Fact set forth above are hereby adopted as the Findings of Fact
supporting the adoption, implementation and continuation of the moratorium adopted
October 1, 2013 pursuant to Ordinance No. 2013 -047 according to its terms.
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2. The City Manager of the City of Yakima is hereby authorized and directed to perform
those duties and functions set forth in Ordinance No 2013 -047, including but not
limited to, development of proposed comprehensive land use, licensing, and health
and safety regulations pertaining to digital signs described therein and related
facilities and any issues ancillary thereto
ADOPTED BY THE CITY COUNCIL this 15 day of October, 0 13.
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Micah Cawley, ayor
ATTEST:
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City Clerk )1%
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: 10/15/2013
ITEM TITLE: Public Hearing and resolution adopting findings of fact
affirming moratorium regarding digital signs up to 72 square
feet in size as implemented pursuant to Ordinance No. 2013-
047.
SUBMITTED BY: Steve Osguthorpe, AICP
Community Development Director (509) 575 -3533
Mark Kunkler, Senior Assistant City Attorney (509) 575 -3552
SUMMARY EXPLANATION:
On October 1, 2013, in conjunction with a scheduled public hearing to consider extension of a
moratorium implemented April 2, 2013 regarding billboards, and digital signs greater than 72
square feet in size, the City Council adopted Ordinance No. 2013 -047 imposing a six -month
moratorium (through April 1, 2014) prohibiting acceptance, processing and issuance of
applications and approvals of digital signs up to 72 square feet in area. Under state law
pertaining to moratoria, whenever a moratorium is imposed, the City Council must schedule and
hold a public hearing within 60 days to receive public comment and testimony regarding the
adoption, scope and extent of the moratorium. Pursuant to Ordinance No. 2013 -047, the public
hearing on the moratorium has been scheduled for October 15, 2013. The attached proposed
Resolution includes findings of fact in support of the moratorium, and is presented for Council's
review and consideration. If, following the public hearing, the City Council wishes to affirm the
moratorium as originally adopted, the Resolution and findings therein can be approved. If,
however, the City Council desires to amend the moratorium in any way, the Resolution and
findings can be modified to fit the Council's decision. A separate moratorium to reach digital
signs up to 72 square feet was deemed warranted because the scope of the original moratorium
ordinance was expanded. A separate moratorium ordinance will give sufficient opportunity for
the public to provide input specifically on digital signs 72 square feet and less.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
City Manager
SUBMITTAL:
RECOMMENDATION:
Staff recommends approval and adoption of the Resolution.
ATTACHMENTS:
Description Upload Date Type
11 resolution 10/7/2013 Cover Memo