Ordinance 27720006.150.018A
WSS/klt
04/24/90
R:05/11/90
ORDINANCE NO. 2772
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF CHAPTER 17.30.000(A)
TO ESTABLISH GENERAL HEIGHT RESTRICTIONS FOR
FENCES, AMENDING SECTION 21.30.020 RELATING TO
THE DEFINITION OF FENCE AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the current provisions of City ordinance
relating to fences have been difficult for the public to
understand and for the staff to administer;
WHEREAS, the City Council has reviewed the definitions
of "fence" and height restrictions as they relate to specific
contested cases before it and now have the recommendation of the
Planning Board regarding the application of the ordinance
provisions; and
WHEREAS; the City Council finds that in the public
interest to better define its height definitions in order to
insure their uniform application; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code,
Section 17.30.000 GENERAL HEIGHT RESTRICTION, subparagrah A is
hereby amended to read as follows:
17.30.000 GENERAL HEIGHT RESTRICTION
A. The height of a fence shall not be more
than six (6) feet unless a conditional
use permit is first obtained. The height
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of a particular section of fence shall be
measured from the lowest finished grade
at that section of the fence.
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 conditional use
permit.
Section 2. The Edmonds Community Development Code,
Section 21.30.020 FENCE, is hereby amended to read as follows:
21.30.020 FENCE
Fence means any construction of wood, metal,
masonry or other 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 3. 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 the ordinance or a summary thereof
consisting of the title.
APPROVED:
MAYOR, NAUGHTEN
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ATTEST/AUTHENTICATED:
f7
CITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE O THE CITY ATTORNEY:
BY
FILED WITH THE C TY CLERK: May 12, 1990
PASSED BY THE CITY COUNCIL: May 22, 1990
PUBLISHED: May 27, 1990
EFFECTIVE DATE: June 1, 1990
ORDINANCE NO. 2772
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STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOIVISH,
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
NACENCE No 2712 that she is Principal Clerk of THE HERALD, a daily newspaper
H the C{ry of
Inds, WashIn�Son printed and published in the City of Everett, County of Snohomish,
'2nd day of May 1M
aundl of fhe ifIty of
passed Ordlfsoixe No. and State of Washington; that said newspaper is a newspaper of
mmory of the content
dlnanea, wnslstlnp or general circulation in said Count and State; that said newspaper
widrs as fdlkws: g Y ,
ANCE OF THE CITY
NDS W SHIN S ON has been approved as a legal newspaper by order of the Superior
PER 17.30.0 A TO
i GENeRAt.__ GHT Court of Snohomish County and that the notice ........................................
Summary of Ordinance No. 2772
............... .........
*111 be mv;lad upon request.
CIATED this 2Tnd day of May,
19M
JACQUELINE G. PARRETT
City Cleat
Published: May V, 1"o.
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:
7.�...990.......... .
and that said newspaper was regularly distributed to its subscribers
during all of said period.
—.
Principal Clerk
Subscribed and sworn to before me this ....... 2 i
dayof.--. ..... ...........MU ...... ........................... 19..90..
N a y Zr in d for the State of Washington,
si ng at Everett, Snohomish County.
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