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Ordinance 29540006.90000 JGR/ srf / if s 04/13/93 rev. 09/23/93 R:09/24/93srf ORDINANCE NO. 2954 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 17.30, FENCES AND HEDGES; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds, Washington, is a noncharter code city, organized and existing under the provisions of Title 35A of the Revised Code of Washington, and WHEREAS, the City Council formerly enacted Edmonds Community Development Code Chapter 17.30, Fences and Hedges, and the City Council now desires to amend such chapter, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds Community Development Code Chapter 17.30, Fences and Hedges, is hereby amended to read as follows: CHAPTER 17.30 FENCES AND HEDGES Sections: 17.30.000 GENERAL 17.30.010 SPECIAL HEIGHT RESTRICTIONS 17.30.000 GENERAL A. A fence permit shall be required for any fence over three (3) feet in height which is also within ten feet of any - street right -of -way or access easement or within thirty (30) feet of any corner. Height JGR44660.10 -1- shall be measured from the top of the fence to the lowest original grade. B. A fence permit shall be required for any fence within a critical area or its buffer. C. Unless a variance is first obtained, no fence or hedge shall be more than six (6) feet in height as measured from the top of the fence to the lowest original grade. D. When a retaining wall three (3) feet in height or greater is contiguous to and below a proposed fence, the proposed fence may be constructed for the purposes of safety not greater than four (4) feet above the top of the retaining wall or the finished grade, whichever is less, without the necessity for a variance. 17.30.010 .SPECIAL HEIGHT RESTRICTIONS A. Streets and Corners. Height shall normally be limited to three (3) feet within ten (10 ) feet of any street right - of -way or access easement or thirty (30) feet of any corner, unless an exception is approved. 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 or hedge of up to six (6) feet in height. C. Hazard. No fence or hedge may be constructed or maintained if it creates a hazard to users of the street or to nearby property (ECDC Section 18.85.060). Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or JOR44660.10 -2- constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: i j t ATTEST /AUTHENTICATED: CITY CLERK,PrRHONDA J. MARCH APPROVED AS TO FORM: OFFICE OF T E CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 09/24/93 PASSED BY THE CITY COUNCIL: 09/28/93 PUBLISHED: 10/03/93 EFFECTIVE DATE: 10/08/93 ORDINANCE NO. 2954 JOR44W.10 -3- I a SUMMARY OF ORDINANCE NO. 2954 of the City of Edmonds, Washington On the 28th day of September , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2954 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 17.30, FENCES AND HEDGES; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 29th day of September , 1993. STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ss On r, B -2 -1 RECEIVED Affidavit of Publication OCT 0 8 1593 EDMONDS CITY CLERK 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, IANCE NO.. 2954 and State of Washington; that said newspaper is a newspaper of the City of isd ° f th v ovtem. general circulation in said County and State; that said newspaper the City Council of t- .Edmonds, asses e. No: a. A has been approved as a legal newspaper by order of the Superior of the content of c conslsm ng of Court of Snohomish County and that the notice ......... ............................... .... Summary ...of....Ord.i n a. nc. e... No. .... 2. 9. 54 .................... ............................. .. textof this ..... Git ...nf ... Edmonds .......................................................... ......................... . . . . .. be mailed upon 29th day of D3. 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: ..... ©ct.ob er -- .3.,....1.9.93 .......................................................... ............................... ....................................................................................................... ............................... and that said-newspaper was regularly distributed to its subscribers during all of said` period. .................. .......................................................... .y. ---------....... ............................... Principal Clerk Subscribed and sworn to before me this.... 3.rd ................ f ......... .. .....0 *the*St ..............., 19..93.. .................................... ....................Notary Public i ta of Washington, residing at Eve runty. �_ �'c � NoTAgY N� p' - LAG 02 5 - "4 \F J" WASN�to