HomeMy WebLinkAbout3353Ordinance No. 3353
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3424
ORDINANCE NO. 33-5-13
AN ORDINANCE of the City Council of the City
0A1413of Kent, Washington, amending Chapter 15.08 of the Kent
a go 4— City Code by adding a new Section 15.08.035 entitled
g 7� "Wireless Telecommunications Facilities" (File No. ZCA-
god 97-4); providing definitions, exemptions, and general and
specific requirements; and providing conditions for
approving the location and construction of wireless
telecommunication facilities as permitted uses and
conditional uses.
WHEREAS, the City of Kent has received and expects to receive requests
to site wireless telecommunications facilities within its municipal boundaries; and
WHEREAS, the City of Kent finds that it is in the public interest to permit
the siting of wireless telecommunications facilities within its municipal boundaries; and
WHEREAS, it is the intent of the City of Kent to protect and promote the
public health, safety and welfare by regulating the siting of wireless telecommunications
facilities through issuance of appropriate permits; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION]. Anew section, Section 15.08.035 is added to the Kent City
Code as follows:
Sec. 15.08.035. Wireless Telecommunications Facilities.
A. Purpose and Goals. The purpose of this Section 15.08.035 is to establish
general guidelines for the siting of wireless telecommunications facilities
("WTFs"), specifically including, without limitation, towers and antennas,
in light of the following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless
telecommunications services to provide those services quickly,
effectively, and efficiently;
3. Encouraging location in non-residential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities to
minimize adverse impacts through careful design, siting,
landscaping, screening, and innovative camouflaging techniques;
and
7. Considering potential adverse impacts to the public health and
safety from these facilities except where preempted by other laws,
rules, and regulations.
In furtherance of these goals, the City of Kent shall give due consideration
to the City of Kent's comprehensive plan, zoning map, existing land uses,
and environmentally sensitive areas in approving sites for the location of
WTFs, including towers and antennas.
B. Definitions. As used in this Section 15.08.035 only, the following terms
shall have the meanings set forth below:
1. "Abandon" or "Abandonment" means:
(a) to cease operation for a period of one hundred eighty (180)
or more consecutive calendar days; or
(b) to reduce the effective radiated power of an antenna by
seventy-five percent (75%) for one hundred eighty (180) or
more consecutive calendar days, unless new technology or
the construction of additional cells in the same locality
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allows reduction of effective radiated power by more than
seventy-five (75%), so long as the operator still serves
essentially the same customer base.
2. "Antenna" means any exterior transmitting or receiving device used
in communications that radiates or captures electromagnetic waves.
3. "Backhaul network" means the lines that connect a provider's
WTFs/towers/cell sites to one or more cellular telephone switching
offices, and/or long distance providers, or the public switched
telephone network.
4. "Camouflage" means to disguise, hide, or integrate with an existing
or proposed structure or with the natural environment so as to be
significantly screened from view.
5. "Co -locate" means use of a WTF by more than one service provider.
6. "COW" means "Cell on Wheels" or "Cellular on Wheels."
7. "EIA" means Electronic Industries Association.
8. "FAA" means the Federal Aviation Administration.
9. "FCC" means the Federal Communications Commission.
10. "Guyed Tower" means a wireless communication support structure
which is typically over one hundred feet (100') tall and is steadied
by wire guys in a radial pattern around the tower.
11. "Height" means, when referring to a tower or other WTF, the
distance measured from the finished grade of the parcel at the base
of the WTF to the highest point on the tower or other WTF,
including the base pad and any antennas.
12. "Lattice Tower" means a support structure which consists of a
network of crossed metal braces, forming a tower which is usually
triangular or square in cross-section.
13. "Monopole Tower" means a support structure which consists of a
single pole sunk into the ground and/or attached to a foundation.
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14. "Non -whip antenna" means an antenna that is not a whip antenna,
such as dish antennas, panel antennas, etc.
15. "Pre-existing WTF" means any WTF for which a building permit
has been properly issued prior to July 7, 1997, including permitted
WTFs that have not yet been constructed, so long as that permit or
approval has not expired.
16. "Telecommunications" means the transmission, between or among
points specified by the user, of information of the user's choosing
without change in the form or content of the information as sent and
received.
17. "Telecommunications service" means the offering of
telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the public,
regardless of the facilities used.
18. "Tower" means any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for
telecommunications, telephone, radio and similar communication
purposes. The term includes the structure, all structural supports,
and all related buildings and appurtenances.
19. "Whip antenna" means an omnidirectional dipole antenna of
cylindrical shape that is no more than six inches (6") in average
diameter.
20. "Wireless Telecommunications Facility" or "WTF" includes
"Personal Wireless Service," "Personal Wireless Service Facilities,"
and "Facilities" as defined in Title 47, United States Code, Section
332(c)(7)(C), including all future amendments, and also includes
facilities for the transmission and reception of radio or microwave
signals used for communication, telecommunication, cellular phone,
personal communications services, enhanced specialized mobile
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radio, and any other services licensed by the FCC, and also includes
any other unlicensed wireless services.
C. Applicability.
1. New Uses. All WTF proposals made in the City of Kent, whether
for new construction or for modification of existing facilities, shall
be subject to the regulations set forth in this code, except as
provided in subsection D.
D. Exemptions. The following are exempt from the provisions of this Section
15.08.035 and are allowed in all zoning districts.
1. Existing Uses. WTFs that currently exist on July 7, 1997, or for
which a valid building permit has been obtained and remains in
effect on July 7, 1997, except this exemption does not apply to
modifications of existing facilities.
2. Industrial/scientific equipment. Industrial processing equipment
and scientific or medical equipment using frequencies regulated by
the FCC.
3. Amateur Radio Station Operators or Receive -Only Antennas. Any
tower or antenna that is under seventy (70) feet in height and is
owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive -only antennas.
4. Home satellite services. Satellite dish antennas less than two meters
in diameter, including direct -to -home satellite services, when used
as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in
the City cannot exceed thirty (30) days, unless extended by permit
issued by the Planning Director or unless the City has declared an
area -wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
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E. General.
1. Principal or Accessory Use. WTFs may be considered either
principal or accessory uses. A different use of an existing structure
on the same lot shall not preclude the installation of WTFs on that
lot.
2. Not Essential Services. WTFs shall be regulated and permitted
pursuant to this Section 15.08.035 and shall not be regulated or
permitted as essential public services.
F. General Requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or add
to an existing WTF shall demonstrate to the City's satisfaction that
the proposed facility is located at the least obtrusive and the most
appropriate available site to function in the applicant's grid system.
2. FCC Licensing. The City will only process WTF permit
applications upon a satisfactory showing of proof that the applicant
is an FCC licensed telecommunications provider or that the
applicant has agreements with an FCC licensed telecommunications
provider for use or lease of the facility.
3. Compliance with other laws. Applicants must show, to the
satisfaction of the Planning Director, compliance with current FCC
and FAA rules and regulations and all other applicable federal,
state, and local laws, rules and regulations.
4. Lot Size. For purposes of determining whether the installation of
WTFs complies with district development regulations including, but
not limited to, setback requirements, lot -coverage requirements, and
other requirements, the dimensions of the entire lot shall control,
even though the WTFs may be located on leased parcels within that
lot.
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5. Height. Unless further restricted or expanded elsewhere in this
Section 15.08.035, no WTFs may exceed the following height and
usage criteria:
(a) for a single user, up to ninety (90) feet in height; and
(b) for two or more users, up to one hundred twenty (120) feet
in height.
6. Security fencing. WTFs shall be enclosed, where appropriate, by
security fencing not less than six feet in height; provided however,
that the Planning Director or, where applicable, the Hearing
Examiner may waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant
materials that effectively screens the view of the WTF compound;
provided, however, that the Planning Director or, where applicable,
the Hearing Examiner may waive these requirements if the goals of
this Section 15.08.035 would be better served.
8. WTFs Mounted on Structures or Rooftops. WTFs mounted on
existing structures or rooftops shall be designed and located so as to
minimize visual and aesthetic impacts to the adjoining land uses and
structures and shall, to the greatest extent practical, blend into the
existing environment.
9. Aesthetics. WTFs shall meet the following requirements:
(a) WTFs shall be painted a neutral color so as to reduce visual
obtrusiveness.
(b) At a WTF site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend into the
existing natural and constructed environment.
10. Lighting. Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required for any
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WTF, the lighting must cause the least disturbance to the I
surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks and
separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of
WTFs shall certify that they have obtained all franchises, licenses,
or permits required by law for the construction and/or operation of
a wireless telecommunication system in the City of Kent and shall
file a copy of all required franchises, licenses, and permits with the
Planning Director.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and
they shall have and maintain all necessary approvals to operate as
such, including holding necessary franchises, permits, and
certificates. The method of providing backhaul, wired or wireless,
shall be identified.
G. Tower Requirements.
1. Tower setbacks. All towers, support structures and accessory
buildings must satisfy the minimum setback requirements for that
zoning district.
2. Support systems setbacks. All guywires, anchors, and other support
structures must be located within the buildable area of the lot and
not within the front, rear, or side yard setbacks and no closer than
five (5) feet to any property line.
3. Monopole construction required. All towers will be of a tapering
monopole construction; however, the Planning Director or, where
applicable, the Hearing Examiner, may allow another type tower
upon a showing that it would cause less impact to the surrounding
property than a similar monopole structure or would further the
purposes and goals in this Section 15.08.035.
4. Inventory of Existing Sites. Each applicant for a tower shall provide
an inventory of its existing WTF sites that are either within the
jurisdiction of the City of Kent or within one mile of its borders,
including specific information about the location, height, and design
of each facility.
5. EIA standards. Towers shall be constructed so as to meet or exceed
the most recent EIA standards. Prior to issuance of a building
permit, the building official shall be provided with an engineer's
certification that the tower's design meets or exceeds those
standards.
6. Site selection and height. Towers shall be located to minimize their
number and height and to minimize their visual impacts on the
surrounding area in accordance with the following policies:
(a) Ensure that the height of towers has the least visual impact
and that the height is no greater than necessary to achieve
service area requirements and to provide for potential co -
location; and
(b) Demonstrate that the owner or operator has, to the greatest
extent practical, selected a new tower site that provides the
least visual impact on residential areas. This shall include
an analysis of the potential impacts from other vantage
points in the area to illustrate that the selected site and
design provides the best opportunity to minimize the visual
impact of the proposed facility.
(c) Site so as to minimize being visually solitary or prominent
when viewed from surrounding areas, especially residential
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areas. The facility should be camouflaged to the maximum
extent feasible.
7. Co -location priority. Co -location of antennas by more than one
carrier on existing towers is preferred to construction of new towers,
provided that the co -location is consistent with the following:
(a) Redesign restrictions. A tower that is modified or
reconstructed to accommodate the co -location of an
additional antenna shall be of the same tower type as the
existing tower, or of a less obtrusive design (such as a
monopole), if practical.
(b) Height. Except as may be modified in subsection I(1)(a), an
existing tower may be modified or rebuilt to a taller height,
not to exceed thirty feet (30') over the tower's existing
height or one hundred twenty feet (120'), whichever is
lower, to accommodate the co -location by another provider
or operator of an additional antenna system in any district
except DC, DCE, NCC and all SR districts. This additional
height shall not require an additional distance separation.
(c) Onsite relocation. A tower that is being rebuilt to
accommodate the co -location of an additional antenna may
be relocated on its existing site within fifty feet (50') of its
existing location. If consistent with the purposes and goals
in subsection A, the Planning Director or, where applicable,
the Hearing Examiner, may permit the onsite relocation of
a tower which comes within the separation distances to
residential units or residentially zoned lands.
8. Separation distances between towers. Separation distances between
towers shall be measured between the proposed tower and
preexisting towers. Measurement shall be from base of tower to
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Table 1:
base of tower, excluding pad, footing or foundation. The separation
distances shall be measured by drawing or following a straight line
between the nearest point on the base of the existing tower and the
proposed tower base, pursuant to a site plan of the proposed tower.
The separation distances (listed in linear feet) shall be as shown in
Table 1, unless the distance is reduced by the Planning Director
when administratively approving a WTF or by the Hearing
Examiner through issuance of a Conditional Use Permit.
H. Administratively Approved WTFs. The Planning Director may
administratively approve the uses listed in this subsection, once each I
applicant has applied for and provided all necessary information required
in this code and in the City's application form.
1. Time for approval. Within sixty (60) calendar days from the date
the City receives a complete, valid, and properly executed
application, the Planning Director shall either approve, approve with
conditions, or deny the application. If the Planning Director fails to
11
Lattice
Guyed
Monopole 75
Monopole
Ft in Height or
Less Than 75
Greater
Ft in Height
Lattice
5000
5000
1500
750
Guyed
5000
5000
1500
750
Monopole
75 Ft in
1500
1500
1500
750
Height or
Greater
Monopole
Less Than
750
750
750
750
75 Ft in
Height
H. Administratively Approved WTFs. The Planning Director may
administratively approve the uses listed in this subsection, once each I
applicant has applied for and provided all necessary information required
in this code and in the City's application form.
1. Time for approval. Within sixty (60) calendar days from the date
the City receives a complete, valid, and properly executed
application, the Planning Director shall either approve, approve with
conditions, or deny the application. If the Planning Director fails to
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approve or deny the application within this sixty (60) calendar day
period, then the application shall be deemed approved unless the
time for determination is extended by agreement of the City and the
applicant.
2. Administratively Approved Uses. The following uses may be
approved by the Planning Director after conducting an
administrative review:
(a) Industrial/Commercial zones. Locating WTFs, including the
placement of additional buildings or other supporting
equipment used in connection with WTFs, that do not
exceed ninety feet (90') in height for a single user and one
hundred twenty feet (120') in height for two or more users
in the following districts: MA; M1; Ml -C; M2; M3; CM -1;
CM -2; GC; and GWC.
(b) Antennas on existing structures. Locating a WTF other than
a tower as an accessory use by attachment to any building or
structure other than a single-family dwelling or multi -family
structure of fewer than eight dwelling units in any zoning
district provided:
(i) The antenna does not extend more than twenty feet
(20') above the highest point of the structure if a
whip antenna, or ten feet (10') above the highest
point of the structure if a non -whip antenna; and
(ii) The antenna complies with all applicable building
codes; and
(iii) All associated equipment is placed either within the
same building or in a separate structure that matches
the existing building or structure in character and
materials.
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(c) WTFs on existing towers. Locating a WTF through co -
location by attaching the antenna to an existing tower.
(d) WTFs within allowable building height. Locating WTFs,
including placement of additional buildings or other
supporting equipment used in connection with the WTF in
O, CC, MRG, MRM, MRH, AG, and A-1 districts, so long
as the WTF does not exceed the allowable building height
for that district.
(e) COWS for greater than thirty (3 0) day periods. Upon a
proper showing of extreme necessity (for example, if repair
or modification of an existing WTF clearly and legitimately
cannot be completed within thirty (30) days), locating a
COW at a single location for more than thirty (30) calendar
days; however, purely economic convenience shall not be
considered a viable factor in making this determination.
3. Authority to waive certain requirements. In connection with this
administrative approval, the Planning Director may, in order to
encourage camouflaging and co -location of WTFs, administratively
waive separation distance requirements between WTFs by up to
fifty percent (50%) in non-residential zones. Additionally, the
Planning Director may, in order to encourage the use of the least
obtrusive type of WTF, administratively allow the reconstruction of
an existing WTF to that less obstructive use.
4. Appeal. If an administrative approval is denied, the applicant may
appeal the decision to the Hearing Examiner within twenty (20)
calendar days of the date of the Planning Director's decision.
I. Conditional use permits. Applications for conditional use permits under
this subsection shall be subject to the procedures and requirements of
Section 15.09.030 of the Zoning Code, except as modified by this
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subsection. If the WTF is not subject to administrative approval pursuant
to subsection H, then a conditional use permit shall be required.
1. Conditional WTF uses. Specifically, conditional use permits shall
be required for the following WTFs:
(a) Industrial/Commercial zones. Locating WTFs that exceed
ninety feet (90') in height for a single user or one hundred
twenty feet (120') for two or more users or locating antennas
on existing structures that exceed the height limitations in
subsection H(2)(b) in the following districts: MA; M 1; M 1-
C; M2; M3; CM -1; CM -2; GC; and GWC.
(b) Government property. Locating WTFs (1) separate from
existing structures on property owned, leased, or otherwise
controlled by the City or other governmental entity or (2)
attached to existing structures on property owned, leased or
otherwise controlled by the City or other governmental
entity exceeding the height limitations in subsection
H(2)(b), but only on the condition that the total height, of
the attached WTF, including the structure, does not exceed
one hundred twenty feet (120'), unless permitted under
subsection I(1)(a); however, this subsection shall not apply
in DC, DCE, and NCC districts.
(c) WTFs exceeding allowable building height. Locating WTFs
that exceed the allowable building height in the following
districts: O; CC; MRG; MRM; MRH; AG; and Al.
(d) Tower construction under allowed separation distances.
Locating towers that do not meet the separation distance
requirements in subsection (G)(8) or that do not meet
administratively approved separation distance limits.
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2. Factors Considered in Granting Conditional use Permits for
Towers. In addition to Sec. 15.09.030(D), the Hearing Examiner
shall also consider the following factors when considering a CUP
application for WTF towers:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and
residential district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(g) Availability of suitable existing towers, other structures, or
alternative technologies not requiring the use of towers or
structures.
(h) Obstruction of or interference with views.
(i) Consistency with purpose and goals set forth in subsection
A of this Section 15.08.035.
3. Availability of Suitable Existing Towers, Other Structures, or
Alternative Technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the Hearing
Examiner that no existing tower, structure, or alternative technology
that does not require the use of towers can accommodate the
applicant's proposed WTF. An applicant shall submit information
requested by the Hearing Examiner related to the availability of
suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
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or alternative technology can accommodate the applicant's proposed
WTF may consist of any of the following:
(a) No existing WTF is located within the geographic area that
meets applicant's engineering requirements.
(b) Existing WTFs are not of sufficient height to meet
applicant's engineering requirements.
(c) Existing WTFs cannot practically be reconstructed to
provide sufficient structural strength to support applicant's
proposed antenna and related equipment.
(d) Electromagnetic interference would occur between two or
more WTF systems.
(e) The fees, costs, or contractual provisions required by the
owner in order to share an existing WTF or to adapt an
existing WTF for co -location are unreasonable. Fees or
costs that exceed new WTF development shall not be
presumed to render sharing facilities unsuitable.
(f) Other limiting factors render existing WTFs unsuitable.
(g) An alternative technology that does not require the use of
towers or structures would be unsuitable. Costs of
alternative technology that exceed new WTF development
shall not be presumed to render the technology unsuitable.
4. Separation requirements. The Hearing Examiner may reduce tower
separation distance requirements, including administratively
approved separation distance reductions, if the purposes and goals
of this Section 15.08.035 would be better served; however,
development of multiple tower locations on a single site (often
referred to as "antenna farms") are specifically discouraged
wherever possible.
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J. Removal of Abandoned Towers.
1. Abandonment and removal. The owner or operator of any
abandoned tower shall notify the City's Planning Director, in
writing, of that abandonment and shall remove the same within
ninety (90) calendar days. Failure to remove an abandoned tower
within ninety (90) calendar days shall be grounds to remove the
tower at the owner's expense. If there are two or more users of a
single tower, then the City's right to remove the tower shall not
become effective until all users abandon the tower.
2. Partial abandonment and removal. If the antennas on any tower are
removed or relocated to a point where the top twenty percent (20%)
or more of the height of the tower is no longer in use, the tower
shall be deemed partially abandoned. The owner or operator of any
partially abandoned tower shall notify the City's Planning Director,
in writing, of that partial abandonment and shall remove the
partially abandoned portion within ninety (90) calendar days.
Failure to remove a partially abandoned tower within ninety (90)
calendar days shall be grounds to remove the abandoned portion of
the tower at the owner's expense.
3. Security and lien. Each applicant, prior to commencement of
construction, shall post sufficient security in the form of a bond,
assignment of funds, cashier's check, or cash, in a form acceptable
to the City, to cover the estimated cost of demolition or removal of
the tower and support structures, including complete site restoration.
If for any reason the posted funds are not adequate to cover the cost
of removal, then the City may charge the facility owner or operator
with the City's total cost incurred in removing the abandoned
structures. If the owner or operator fails to make full payment
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within thirty (30) calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
K. Nonconforming Uses.
1. Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance shall be
permitted. Any construction other than routine maintenance on a
preexisting tower shall comply with the requirements of this Section
15.08.035.
2. Damage or destruction not the fault of owner/occupant. Bona fide
nonconforming WTFs that are damaged or destroyed without fault
attributable to the owner or entity in control may be rebuilt without
first having to obtain administrative approval or a conditional use
permit and without having to meet separation requirements. The
type, height, and location of the tower onsite shall be of the same
type and intensity as the original facility. Building permits to
rebuild the facility shall comply with applicable building codes and
shall be obtained within 180 days from the date the facility is
damaged or destroyed. If no permit is obtained or if the permit
expires, the tower or antenna shall be deemed abandoned as
specified in subsection J.
SECTION 2. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
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SECTION 3. - Effective Date_. This Ordinance shall take effect and be in
force five (5) days from the time of its final approval, passage, and publication as provided
by law.
ATTEST:
APPROVED AS TO FORM:
LUBOVICT-F, CITY A
PASSED: day of ,./ , 1997.
V
APPROVED: _� 'day of , 1997.
PUBLISHED: '-- day of 51997.
I hereby certify that this is a true copy of Ordinance No. S_3 passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated. �(�'
—,zl �, ,T— (SEAL)
BRENDA jW-QB-ER, CITY CLERK DEPS
.7)0AW,9 SQA 4J
P ALAWNORDINANOW IRELES6.ORD
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