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a. The modification will not create a greater impact on any nearby residential <br />use than would be created without the modification; and <br />b. The modification will not detract from the character of nearby uses; and <br />c. The modification will not be injurious to public health, safety or welfare; and <br />d. The modification is consistent with the policies of the Everett general plan; <br />and <br />e. Landscaping or other means of screening is provided to reduce the visual <br />impact of the outdoor use, activity or storage areas on surrounding properties <br />and public right-of-way. <br />6. Appeals of Outdoor Use, Activity and Storage Modification Requests. The planning <br />director’s determination may be appealed as provided for in EMC Title 15, Local Project <br />Review Procedures, for the applicable review process. <br />Section 35. EMC 19.40.010 is hereby amended as follows, with strikeout text deleted and underlined <br />text added. <br />19.40.010 Fences height and location. <br />A. Residential Zones—Fence Height and Setbacks. Fences shall not exceed a height of: <br />1. Forty-two inches within twenty feet of the right-of-way abutting the front lot line. <br />2. Six feet within the street side setback or the abutting right-of-way. <br />3. Seven feet within the interior side or rear setbacks. <br />4. Exceptions. <br />a. Fences within twenty feet of the right-of-way abutting the front lot line may <br />be up to six feet in height if the fence is at least ten feet from the sidewalk, is at <br />least seventy percent transparent from three feet to six feet, and is not chain <br />link or other type of similar material. If no sidewalk exists, the minimum <br />distance required is determined by the city engineer. <br />b. For corner lots or double fronting lots, the front and street side or rear fence <br />heights can be switched if the front of the house faces the street side or rear. <br />c. Arbors. Arbors may exceed the maximum fence height within the front <br />setback twenty feet of the front lot line for a distance of up to twenty percent of <br />the lot frontage on the street, provided the height of the arbor does not exceed <br />eight feet.