HomeMy WebLinkAbout1536RESOLUTION NO. /5' 3/o
A RESOLUTION of the City Council of the
City of Kent, Washington, imposing a moratorium on
the acceptance of applications for and the issuance of
any building, land use, or development permit or
approval for billboards.
WHEREAS, the City Council is currently reviewing its policies with
regard to the zoning and placement of off-premises signs as set forth in the Kent
zoning code (hereinafter "billboards") in the City of Kent; and
WHEREAS, a number of billboards are currently located in the City of
Kent; and
WHEREAS, there is a possibility that the City could, in the near future,
receive more applications for billboards that would significantly increase the number
of such signs located within the City, especially in light of the new corridor projects
planned or under construction in the City of Kent; and
WHEREAS, the City Council is concerned about the potential impacts
that such signs may create that would be detrimental to public health, safety, and
general welfare of the citizens of the City of Kent; and
WHEREAS, the Kent City Code relating to billboards may not
adequately address the various impacts that these uses present and the protection of the
public health, safety, and general welfare would be jeopardized by the establishment
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of such establishments prior to a review of the matter and possible adoption of new
regulations by the City Council; and
WHEREAS, the citizens of Kent would be well-served if the City more
fully addressed and understood the potential impacts in the form of health, safety,
economic, and aesthetic impacts these signs impose upon neighboring properties and
the community as a whole; and
WHEREAS, the City needs time to review existing information on the
affects of these signs and to review the Kent City Code in a comprehensive fashion to
determine whether it sufficiently addresses the impacts of such uses; and
WHEREAS, the City Council finds that the protection of the health,
safety, and welfare supports imposing a moratorium on the acceptance of all
applications for issuance of any building, land use, or development permit or approval
under the Kent City Code for billboards until additional review has been completed
and any necessary code revisions have been adopted by the Kent City Council; and
WHEREAS, the Kent City Council understands that communication
displayed by billboards may be protected by the First Amendment of the U.S.
Constitution and/or Article I, Section 5 of the Washington State Constitution; and
WHEREAS, the Kent City Council does not intend by this resolution to
impermissibly infringe upon any protected free speech rights; and
WHEREAS, the purpose of this moratorium is to provide time in which
the City Council may study its existing code, ordinances, and the impacts of such uses,
during this moratorium period; determine whether any additional, reasonable
regulation is necessary to mitigate the impacts; and prepare for adoption of
permissible restrictions to regulate such uses; NOW THEREFORE,
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals Incor.porated. The recitals set forth in this
resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Moratorium. Due to the findings set forth herein and as
authorized pursuant to RCW 35A.63.220, the Kent City Council does hereby declare a
moratorium upon the acceptance of applications for and the issuance of any building,
land use, or development permit or approval (including variances and rezones), or any
other permit or approval required to construct, install, or relocate any billboard as
identified in the Kent Zoning Code or described in the recitals of this resolution.
SECTION 3. Duration. The moratorium established herein is
established for a period of six months from the effective date of this resolution or until
the effective date of any ordinances establishing new regulations governing billboards,
whichever is sooner, and during said moratorium, no building, land use, or
development permit or approval shall be issued nor shall any such permit application
be accepted for any such use as identified in the Kent zoning code.
SECTION 4. Public Hearing. Pursuant to RCW 35A.63.220, the City
Council shall hold a public hearing on this moratorium at the regular City Council
meeting scheduled for May 4, 1999, at 7:00p.m. in the Kent City Council Chambers,
which date is within sixty (60) days of this ordinance's adoption.
SECTION 5. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 6. Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
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SECTION 7. Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASS ED at a regular open public meeting by the City Council of the City
of Kent, Washington, this c20 day of ~ , 1999.
CONCURRED in by the Mayor of the City of Kent this ~ day of
~ ,1999.
ATTEST:
APPROVED AS TO FORM:
EY
I hereby certify that this is a true and correct copy of Resolution No.
I .S3 (::, 2assed by the City Council of the City of Kent, Washington, the oLo day
of ~ ,1999.
~~~ BRENDA JACOBER! YCLERK
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