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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 1 Billboard Moratorium 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, 2 Billboard Moratorium 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. 3 Billboard Moratorium 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 P:\Civii\R.esolution\billboard morator.dcc 4 Billboard Moratorium