HomeMy WebLinkAbout2863Ordinance No. 2863
(Amending or Repealing Ordinances)
CFN=131 Zoning Codes
Passed — 8/1/1989
On -Site Public Notification of Proposed Land Use Actions & Related Public Hearings
Amended by Ord. 3424 (Secs. 15.09.030, 15.09.040, & 15.09.050)
Amended by Ord. 3470 (Sec. 15.09.050)
Amended by Ord. 3511 (Sec. 12.04.260)
Amended by Ord. 3561
Amended by Ord. 3600 (Secs. 15.09.030 & 15.09.040)
Amended by Ord. 3752
Amended by Ord. 3906 (Ch. 12.04)
ORDINANCE NO.Y�
AN ORDINANCE of the City of Kent,
Washington, relating to providing on-site
public notification of proposed land use
actions and related public hearings, amending
Kent City Codes Sections 12.04.260, 15.09.030,
15.09.040, and 15.09.050.
WHEREAS, the Kent City Council and Kent Planning
Commission is desirous of providing maximum visible public notice
at development sites of proposed land use action; and
WHEREAS, the current Kent City Code provides that on-site
public notice of proposed land use action shall be provided, but
no specifics as to the type of notice required is provided; and
C,`� C WHEREAS, the applicant of proposed land use actions,
residents affected by such action, and City residents as a whole
would benefit from the providing of maximum notice of proposed
land use actions; and
WHEREAS, the Kent City Council directed the Planning
staff to develop alternatives for ensuring more visible on-site
public notice; and
WHEREAS, the Planning Department presented said
!,,alternatives to the Kent City Council Planning Committee on
'November 1, 1988 and on January 3, 1989; and
WHEREAS, the Planning Department presented said
,alternatives to the Kent Planning Commission at a workshop on
'April 24, 1989 and at a public hearing on June 19, 1989; and
WHEREAS, the Kent City Planning Commission on June 19,
1989 recommended to the Kent City Council adoption of a generic
4 foot by 4 foot on-site public notice board; NOW, THEREFORE,
! THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
!HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 12.04.260 of the Kent City Code is
!(amended as follows:
12.04.260. PRELIMINARY PLAT PROCEDURES.
12.04.261. Application.
A. Application for a preliminary plat shall be filed
Planning Department on forms prescribed by the Planning
with the Pl g p
!Department at least thirty-five (35) days prior to the Hearing
!Examiner hearing at which it is to be considered.
B. Twelve (12) copies of the preliminary plat shall be
submitted, which shall be prepared by a land surveyor registered
,in accordance with the requirements of RCW 18.43.010.
!(Application fees are contained in City of Kent Ordinance #2026).
12.04.262. Preliminary Plat Requirements. The following
"shall be part of the preliminary plat.
A. Vicinity Map. Adequate to show the location of the
plat.
B. Preliminary Plat. Shall include or conform to the
following:
1. The subdivision name and number, the name and
(Iladdress of the owner or owners, and the name and address of the
,licensed land surveyor and subdivision engineer.
2. The date of preparation, the true north point,
is graphic scale and legal description of the property to be
:subdivided.
3. Preliminary plats shall be drawn to an
,appropriate engineering (decimal) scale.
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4. Show the location of existing and proposed
,platted property lines, and existing section lines, streets,
'buildings, water courses, railroads, bridges, and any recorded
',!public or private utility or roadway easements, both on the land
;to be subdivided and on the adjoining lands (land that abuts the
1proposed subdivision), to a distance of one -hundred (100) feet
!from the edge of the subject property.
5. Contours and/or elevations (at five-foot
intervals minimum) shall be shown to that extent necessary to
accurately predict drainage characteristics of the property.
Contour lines shall be extended at least one hundred (100) feet
beyond the boundaries of the proposed plat.
6. Give the names, locations, widths, and other
:dimensions of proposed streets, alleys, easements, parks and other
open spaces, reservations, and utilities.
7. Indicate the acreage of land to be subdivided;
the number of lots; the area of the smallest lot and the
;approximate square footage and approximate percent of total
,acreage in open space.
8. Indicate the approximate dimensions of each lot.
9. Include a statement of soil type, drainage
conditions, present landscaping (describe any natural or man-made
land cover), wildlife present, and any other environmental factors
which may be prescribed by the Planning Department.
12.04.263. Referral to Other City Departments and
,,Agencies. The Planning Department shall distribute four (4)
copies of the preliminary map to the Engineering Department, one
(1) copy to the Building Department; one (1) copy to the Health
Agency; one (1) copy to the Fire Department, and one (1) copy to
each of the public utility agencies serving the area in which the
subdivision is to be constructed. Each department or agency may
file recommendations with the Planning Department within (10) days
of receipt of the preliminary plat; or in the event that a
preliminary plat meeting would be called by the Planning
Department, may present their recommendation at that time.
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12.04.264. Preliminary Plat Meeting. The Planning
IIDepartment shall compare the applicant's tentative and preliminary
;Iplat and shall reach a decision within three (3) working days
!,after the applicant's submission, as to whether a preliminary plat
'meeting is necessary. A preliminary y plat meeting may be deemed
,!necessary when there are significant differences between the
::tentative and preliminary plats. The determination of the
necessity of a preliminary plat meeting shall be based on the
!following considerations:
A. The degree o
g f commonality between the twoP lans
(i.e., is the preliminary plat a refinement of the tentative plat,
or is it a completely new plat for the same property?).
B. The presence or absence of revisions present in the
;preliminary plat resulting from objections raised at the tentative
;plat meeting.
12.04.265. Hearing Examiner Public Hearin
A. The Hearing Examiner shall hold a public hearing on
!any preliminary plat and forward its recommendations to the Kent
IJCity Council. The Hearing Examiner public hearing shall be held
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;;'within one hundred (100) days of the Planning Department's
;!acceptance of the application.
B. �l�e-Planning-Bepatment-91�al�-gimme-etiee-in-Notice
of the public hearing shall be given in the following manner:
1. Three -One (1) notices of the public hearing
!shall be posted on or adjacent to the land to be subdivided at
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last ten (10) days prior to the public hearing. Public notice
Applicant shall apply to the City for issuance of the
Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars Applicant shall
be responsible for placement of the notice board in one
(1) conspicuous place on or adjacent to the property
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sub-iect of the application at least 14 days prior to the
date of the public hearing.Planning Department staff
shall post laminated notice sheets and vinyl information
Packets on the board no later than 10 days prior to the
hearing. Upon return of the Notice Board in good
condition to the Planning Department by the applicant,
$45 dollars of the initial notice board deposit shall be
refunded to the applicant
2. One (1) notice of the public hearing shall be
given in a newspaper of general circulation within the county, and
Ja newspaper of general circulation within the area in which
;property is located, at least ten (10) days prior to the public
hearing.
3. Notice shall be given to all property owners
within a radius of three hundred (300) feet of the exterior
boundaries of the property, subject of the application. If the
.owner of the subject property also owns property lying adjacent to
,,the subject property, the 300 foot radius must be taken from the
exterior boundaries of this adjacent owned property. Such notice
jshall be sent ten (10) days prior to the public hearing.
a. The failure of any property owner to
;receive said notice of hearing will not invalidate the proceedings.';
12.04.266. Health Agency Recommendation The health
;;agencies responsible for approval of the proposed means of sewage
jdisposal and water supply shall file with the City Council, prior
'!to the Council's consideration of the preliminary plat, written
jstatements as to the general adequacy of the proposed means of
;sewage disposal and water supply. (Applicant is responsible for
!;submitting appropriate application forms to the Seattle -King
'County Health Department and for paying the health department
review fee.)
12.04.267. City Council Action. After receiving the
Hearing Examiner's recommendation, the City Council shall, at its
lnext public meeting, set a date for a public meeting to consider
,the adoption or rejection of the recommendation. If at this
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'Jmeeting the City Council deems that a change in the Hearing
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Examiner's recommendation is necessary, the change of the
ilrecommendation shall not be made until the City Council has
(conducted a public hearing and thereupon adopted its own
!!recommendations and approved or disapproved the preliminary plat.
12.04.268. Expiration Date. Preliminary Plat approval
!shall lapse three (3) years from the date of approval unless a
final plat based on the preliminary plat, or any phase thereof, is'
Isubmitted within three (3) years from the date of preliminary plat''
+approval. one one-year extension shall be granted to an applicant;'
;who files a written request with the City Council and Planning
Department at least thirty (30) days before the expiration of this
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ithree-year period, if the applicant can show that he has attempted'
yin good faith to submit the final plat within the three-year
:period.
Additional time extensions beyond this one-year time
;period may be granted by the City Council if the applicant can
!'show unusual circumstances or situations which make it impossible
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!to file the final plat within the four-year time period. The
applicant must file a written request with the City Council and
:'Planning Department for this additional time extension; this
request must be filed at least thirty (30) days prior to the plat
i?expiration date. The request must include documentation as to the
;need for the additional time period. Additional time extensions
shall be granted in not greater than one (1) year increments.
In the case of a phased subdivision, final plat approval
by the City Council of any phase of the preliminary plat will
constitute an automatic one (1) year extension for the filing of
the next phase of the subdivision.
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Section 2. Section 15.09.030 of the Kent City Zoning
Code is amended as follows:
15.09.030. CONDITIONAL USES.
A. Purpose.
1. Conditional use permits, revocable, conditional',
for valid for a time period may be issued by the Hearing Examiner
'for any of the uses or purposes for which such permits are
required or permitted by the terms of this Code. The purpose of
'the conditional use permit is to allow the proper integration into
the community of uses which may be suitable only on certain
conditions in specific locations in a zoning district, or if the
site is regulated in a particular manner.
2. Any use existing at the time of adoption of
jthis code which is within the scope of uses permitted by a
conditional use permit in the district in which the property is
ijsituated shall be deemed a conforming use without necessity of a
;conditional use permit.
3. Any expansion of an existing conditional use
1may be required to apply for a new conditional use permit if the
Planning Director finds that there is a change in the nature of
the use by such expansion.
B. Application. The owner or his agent may make
happlication for a conditional use permit which shall be on a form
1prescribed by the Planning Department and filed with the Planning
;Department. Said application shall be submitted at least
jforty-five (45) days prior to the next regularly scheduled public
!'hearing date, and shall be heard by the Hearing Examiner within
;one hundred (100) days of the date of said application --provided,
"however, that this period may be extended in any case for which an
environmental impact statement is required.
1. Development plans shall be submitted drawn to
;scale, showing the actual dimensions and shape of the lot to be
-built upon; the exact sizes and locations on the lot of buildings
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'jalready existing, if any, and the location on the lot of the
jproposed building or alteration. Said plans shall show proposed
Ilandscaping, off-street parking, signs, ingress and egress and
adjacent land uses. The plan shall include other information as
may be required by the Planning Department.
C. Public Hearing. The Hearing Examiner shall hold a
(public hearing on any proposed conditional use, and shall give
;notice thereof in at least one (1) publication in the local
';newspaper at least ten (10) days prior to the public hearing.
1. Notice shall be given to all property owners
;within a radius of at least two hundred (200) feet and, when
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?determined by the Planning Director, a greater distance of the
!exterior boundaries of the property subject of the application.
;'Such notice to be sent ten (10) days prior to the public hearing.
a. The failure of any property owner to
receive said notice of hearing will not invalidate the proceedings.
2. Public notices shall be posted in three one (1)
'conspicuous places on or adjacent to the property subject of the
'!application at least ten (10) days prior to the date of the public
,hearing. Public notice shall be accomplished through use of 4' x
`i4' Plywood face generic notice board to be issued by the Kent
Planning Department, and as follows:
Applicant shall apply to the City for issuance of the
Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars Applicant shall
be responsible for placement of the notice boards in one
(1) conspicuous place on or adjacent to the property
subject of the application at least 14 days prior to the
date of the public hearing Planning Department staff
shall post laminated notice sheets and vinyl information
Packets on the board no later than 10 days prior to the
hearing. Upon return of the Notice Board in good
condition to the Planning Department by the applicant,
$45 dollars of the initial notice board deposit shall be
_refunded to the applicant
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D. Standards and Criteria for Granting a Conditional
lUse Permit. A conditional use permit shall only be granted after
,the Hearing Examiner has reviewed the proposed use to determine if
it complies with the standards and criteria listed below. A
,conditional use permit shall only be granted if such finding is
;made.
1. The proposed use in the proposed location will
,not be detrimental to other uses legally existing or permitted
lout -right in the zoning district.
2. The size of the site is adequate for the
;proposed use.
3. The traffic generated by the proposed use will
not unduly burden the traffic circulation system in the vicinity.
4. The other performance characteristics of the
proposed use are compatible with those of other uses in the neigh-'
iborhood or vicinity.
5. Adequate buffering devices such as fencing,
jlandscaping, or topographic characteristics protect adjacent
;properties from adverse effects of the proposed use, including
,adverse visual or auditory effects.
6. The other uses in the vicinity of the proposed
isite are such as to permit the proposed use to function
leffectively.
7. The proposed use complies with the performance
Istandards, parking requirements and other applicable provisions of
ithis code.
8. Any other similar considerations that may be
,appropriate to a particular case.
E. Action of Hearing Examiner. Special conditions may
Pe imposed on the proposed development to insure that the proposed'
,use will meet the standards and criteria of Section 15.09.030
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subsection D in granting a conditional use permit. Guarantees and
;evidence that such conditions are being complied with may be
'!required.
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F. Appeal. The decision of the Hearing Examiner shall
Abe final, unless an appeal is made to the City Council within ten
;days after the Hearing Examiner's decision. Said appeal shall be
in writing to the City Council and filed with the City Clerk.
G. One Year Validity. Any conditional use permit
!granted by the Hearing Examiner shall remain effective only for
lone year unless the use is begun within that time or construction
has commenced. If not in use or construction has not commenced
within one year, the conditional use permit shall become invalid.
Section 3. Section 15.09.040 of the Kent City Code is
!,amended to the following:
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15.09.040. VARIANCES. The Board of Adjustment shall
[have the authority to grant a variance where practical
'!,difficulties, unnecessary hardships and results inconsistent with
:'the general purposes of this code might result from the strict
application of certain provisions. A variance may not be granted
Ito allow a use that is not in conformity with the uses specified
<by this code for the district in which the land is located.
;(NOTE: Sign variances are heard by the Kent Hearing Examiner.)
A. Application. The owner or his agent may make
!application for a variance which shall be on a form prescribed by
Ithe Planning Department and filed with the Planning Department.
'!Said application shall be submitted at least forty-five (45) days
;prior to the next regularly scheduled public hearing date, and
Shall be heard by the Board of Adjustment within one hundred (100)
±days of the date of said application --provided, however, that this
jperiod may be extended in any case for which an environmental
;]impact statement is required.
B. Public Hearing. The Board of Adjustment shall hold
is public hearing on any proposed variance, and shall give notice
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jthereof in at least one publication in the local newspaper at
'least ten (10) days prior to the public hearing.
1. Notice shall be given to all property owners
'within a radius of at least two hundred (200) feet and, when
ldetermined by the Planning Director, a greater distance of the
Jexterior boundaries of the property subject of the application.
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ISuch notice to be sent ten (10) days prior to the public hearing.
a. The failure of any property owner to
receive said notice of hearing will not invalidate the proceedings.
2. Public notices shall be posted in three one (1)
(conspicuous places on or adjacent to the property subject of the
!application at least ten (10) days prior to the date of the public
('hearing. Public notice shall be accomplished through use of 4' x
,14' plywood face generic notice board to be issued by the Kent
t, and as follows:
Applicant shall apply to the City for issuance of the
Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars. Applicant shall
be responsible for placement of the notice boards in one
(1) conspicuous place on or adjacent to the property
subject of the application at least 14 days prior to the
date of the public hearing Planning Department staff
shall post laminated notice sheets and vinyl information
packets on the board no later than 10 days prior to the
hearing Upon return of the Notice Board, in good
condition to the Planning Department by the applicant,
$45 dollars of the initial notice board deposit shall be
refunded to the applicant.
C. Conditions for Granting Variance. Before any
variance may be granted, it shall be shown and the Board of
jAdjustment shall find:
1. The variance shall not constitute a grant of
!special privileges inconsistent with a limitation upon uses of
;other properties in the vicinity and zone in which the property,
:Ion behalf of which the application was filed, is located.
2. Such variance is necessary, because of special
Iicircumstances relating to the size, shape, topography, location or''
;;surroundings of the subject property, to provide it with use
;frights and privileges permitted to other properties in the
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11vicinity and in the zone in which the subject property is located;I
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3. That the granting of such variance will not be
materially detrimental to the public welfare, or injurious to the
,property or improvements in the vicinity and zone in which the
;;subject property is situated.
D. Board of Adjustment Action. The decision of the
Board of Adjustment shall be final and conclusive, unless within
;ten (10) days from the date of action, the original applicant or
;fan adverse party makes application the King County Superior Court
;for a writ of certiorari, writ of prohibition, or a writ of
mandamus .
E. One Year Validity. Any variance authorized by the
�jBoard of Adjustment shall remain effective only for one year,
+'unless the use is begun within that time or construction has
commenced. If not in use or construction has not commenced within
ifone year, the variance shall become invalid.
Section 4. Section 15.09.050 of the Kent City Zoning
Code is amended to add the following language:
15.09.050. AMENDMENTS.
A. Purpose. This code may be amended by the City
'Council by changing the boundaries of zoning districts (rezones
t;which change the official zoning map) or by changing any other
;!provisions thereof (text amendments which add, delete or otherwise
;modify the text of the zoning code) wherever the public necessity
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;land convenience and the general welfare require such amendment, by
!following the procedures of this section.
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1. An amendment may be initiated by:
a. Zoning code text and official zoning map
amendments may be initiated by resolution of intention by the City
Council. (Text amendments are heard by the Planning Commission
band City Council; zoning map amendments are heard by the Hearing
;Examiner.)
b. Zoning code text amendments may be
initiated by resolution of intention by the Planning Commission.
C. Official zoning map amendments (rezones),
',including the application of the C -suffix, may be initiated by
application of one or more owners, or their agents, of the
jproperty affected by the proposed amendment, which shall be made
Ion a form prescribed by the Planning Department and filed with the
''Planning Department. Said application shall be submitted at least
forty-five (45) days prior to the next regularly scheduled public
hearing date, and shall be heard by the Hearing Examiner within
lone hundred (100) days of the date of said application --provided,
however, that this period may be extended in any case for which an
-environmental impact statement is required. (O. 2708 §1)
2. Public hearing. The Hearing Examiner shall
hold at least one public hearing on any proposed amendment, and
shall give notice thereof in at least one publication in the local
newspaper at least ten (10) days prior to the public hearing.
a. Notice shall be given to all property
.,owners within at least two hundred (200) feet and, when determined
by the Planning Director, a greater distance of the exterior
boundaries of the property subject of the application. Such
notice to be sent ten (10) days prior to the public hearing.
The failure of any property owner to
;receive said notice of hearing will not invalidate the proceedings.
b. Public notices shall be posted in three-
ne 1 conspicuous places on or adjacent to the property subject
of the application at least ten (10) days prior to the date of the
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lipublic hearing. Public notice shall be accomplished through use
�of 4' x 4' plywood face generic notice board to be issued by the
Kent Planning Department..and as follows
Applicant shall apply to the City for issuance of the
Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars Applicant shall
be responsible for placement of the notice boards in one
1� conspicuous place on or adjacent to the property
subject of the application at least 14 days prior to the
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date of the public hearing Planning Department staff
shall post laminated notice sheets and vinyl information
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packets on the board no later than 10 days prior to the
hearing. Upon return of the Notice Board in good
condition to the Planning Department by the applicant,
$45 dollars of the initial notice board deposit shall be
refunded to the applicant
3. Standards and Criteria for Granting a Request
jfor Rezone. The following standards and criteria shall be used by
;the Hearing Examiner and City Council to evaluate a request for
I!rezone. Such an amendment shall only be granted if the City
jCouncil determines that the request is consistent with these
standards and criteria.
a. The proposed rezone is consistent with the'
'Comprehensive Plan.
b. The proposed rezone and subsequent
Ijdevelopment of the site would be compatible with development in
jthe vicinity.
C. The proposed rezone will not unduly burden:
the transportation system in the vicinity of the property with
?significant adverse impacts which cannot be mitigated.
d. Circumstances have changed substantially
„since the establishment of the current zoning district to warrant
!the proposed rezone.
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e. The proposed rezone will not adversely
iaffect the health, safety, and general welfare of the citizens of
the City of Kent. (0.2708 §1)
4. The Hearing Examiner and the City Council shall
use the standards and criteria provided in Section 15.09.050(D) to
;;evaluate a request for rezone to Ml -C. In addition, the Hearing
'Examiner and City Council shall evaluate a request for M1 -C on the
basis of the following standards and criteria. Such an amendment
!shall only be granted if the City Council determines the request
is consistent with these standards and criteria.
a. The proposed rezone is in close proximity
or contiguous to major arterial
Comprehensive Plan map as being
commercial type land uses.
intersections identified on the
appropriate locations for
b. Rezoning to M1 -C shall not be speculative
in nature but shall be based on generalized development plans and
'uses. (0.2708 §1)
5. Recommendation of the hearing examiner.
,;Following the aforesaid public hearing, the Hearing Examiner shall
mak( a report of findings and recommendations with respect to the
'Proposed amendment and shall forward such to the City Council,
which shall have the final authority to act on said amendment.
6. City Council Action. Within thirty (30) days
of receipt of the Hearing Examiner's recommendation, the City
Council shall, at a regular public meeting, consider said
recommendation.
If the application for an amendment is denied
;by the City Council, said application shall not be eligible for
resubmittal for one year from date of said denial, unless
specifically stated to be without prejudice. A new application
affecting the same property may be submitted if, in the opinion of
the Hearing Examiner, circumstances affecting the application have
changed substantially.
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Section 5. Any act consistent with the authority and
Prior to the effective date of this ordinance is hereby ratified
iand confirmed.
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Section 6. Effective Date. This ordinance shall take
ieffect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
�ATTEST :
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!MARIE JENSEN ITY C ERK
APPROVED, -AS TO FORM:
S7RDRA DRISCOLL, CITY ATTORNE
Y
PASSED the day of (.` �r °< _, 1989.
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;APPROVED the day of , 1989.
% �_ , �
PUBLISHED the day of 1989.
Q
I hereby certify that this is a true copy of Ordinance
INo.•✓i passed by the City Council of the City of Kent,
!Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
�� �t- >., f• C= -r � ,_ (SEAL)
MARIE JENS CITY CLERK
'7520-260
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