Ordinance 34910006.90000
JZL
9/4/03
ORDINANCE NO. 3491
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTERS 21.30, 17.30 AND
20.12 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE; REPEALING THE CITY'S CURRENT HEDGE
REGULATIONS; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City currently regulates hedges through the Edmonds
Community Development Code (ECDC); and
WHEREAS, the City Council finds the City's current hedge regulations as
contained in the ECDC to be legally unenforceable; and
WHEREAS, The City Council finds the regulation of hedges cannot be
effectively implemented by zoning and development codes; and
WHEREAS, in the future the City Council may investigate alternative processes
and methods to better assist the City's citizens to resolve hedge and similar private conflicts that
can affect the enjoyment of their homes; and
WHEREAS, the City Council desires to repeal the City's current hedge
regulations, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. ECDC 21.30.020 is hereby amended to provide in its entirety
as follows:
21.30.020 Fence.
Fence means any construction of wood, metal, masonry or other
non - living material which provides a visual and/or physical
obstruction to an observer at ground level. This definition shall
exclude any portion of a retaining wall which is below finished
grade and which is contiguous with the fence. Any portion of a
base or foundation for the fence which does not serve a necessary
and bona fide purpose of retaining earth shall not be considered a
retaining wall but rather a part of the fence.
Section 2. The title of Chapter 17.30 ECDC Fences and Hedges is
hereby amended to provide in its entirety as follows:
Chapter 17.30
FENCES
Section 3. ECDC 17.30.000(C) is hereby amended to provide in its
entirety as follows:
17.30.00 General.
C. Unless a variance is first obtained, no fence shall be more
than six feet in height as measured from the top of the fence to the
lowest original grade.
Section 4. ECDC 17.30.010 is hereby amended to. provide in its entirety
as follows:
17.30.010 Special height restrictions.
A. Streets and Corners. Height shall normally be limited to
three feet within 10 feet of any street right -of -way or access
easement or 30 feet of any corner, unless an exception is approved.
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B. Exception. If the city engineer finds that no hazard to users
of the street or to nearby property will be created, the city engineer
may approve a fence of up to six feet in height.
C. Hazard. No fence or other obstruction may be constructed
or maintained if it creates a hazard to users of the street or nearby
property (ECDC 18.85.060).
Section 5. ECDC 20.12.025(A)(5) is hereby amended to provide in its
entirety as follows:
20.12.025 Screening.
A. Parking lot Perimeters.
5. The minimum plant density shall be a minimum of one row
of evergreens or two rows of deciduous shrubs. Visibility for
motorists must be taken into account when vegetation adjoins
driveways or vehicle- access points.
entirety.
Section 6. ECDC 21.40.020 defining the term "Hedge" is repealed in its
Section 7. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and
shall take effect five (5) days after passage and publication of an approved summary
thereof consisting of the title.
APPROV
MAY G HAAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY )S6
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3491
02/27/2004
03/02/2004
03/07/2004
03/12/2004
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SUMMARY OF ORDINANCE NO. 3491
of the City of Edmonds, Washington
On the 2nd day of March, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3491. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
CHAPTERS 21.30, 17.30 AND 20.12 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE; REPEALING THE CITY'S CURRENT HEDGE REGULATIONS; AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of March, 2004.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
SU MMARY_O F -OADINAN.CENO- ..349.1.
of the City of Edmonds, Washington
On the 2nd day of March, 2004, the City Council of the City
of Edmonds, passed Ordinance No. 3491. A summary of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING CHAPTERS 21.30, 17.30 AND 20.12 OF
THE EDMONDS COMMUNITY DEVELOPMENT CODE; RE-
PEALING THE CITY'S CURRENT HEDGE REGULATIONS;
tAND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of March, 2004.
CITY CLERK, SANDRA S. CHASE
Published: March 7, 2004.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3491
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
March 07, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Notary Public in and for the
County.
Ill't" WASN=
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001141840