Chapter 19.01
GENERAL PROVISIONS

Sections:

19.01.010    Purpose.

19.01.020    Validity.

19.01.030    Reasonable accommodation.

19.01.040    Zone establishment.

19.01.050    Nonconforming structures, sites, lots and uses.

19.01.060    Hold harmless/indemnification agreement and covenant not to sue, performance guarantees, liability protection.

19.01.070    Variance and deviation procedures.

19.01.010 Purpose.

The general purpose of this code is to protect and promote health, safety, and the general welfare through the regulation of development within the city of Mercer Island.

To that end, this code classifies the land within the city into various zones and establishes the use of land and nature of buildings within those zones; controls the form of plats and subdivisions; regulates the construction of commercial and residential structures; and protects critical and sensitive areas within the city.

The provisions of this code are designed to consider light, air and access; to conserve and protect natural beauty and other natural resources; to provide coordinated development; to avoid traffic congestion; to prevent overcrowding of land; to facilitate adequate provisions for transportation, water, sewage, schools, parks and other public requirements; and to encourage the use of solar energy practices.

This code is to be interpreted as a whole, in view of the purpose set out in this section.

If the general purpose of this development code conflicts with the specific purpose of any chapter of this development code, the specific purpose shall control. (Ord. 99C-13 § 1).

19.01.020 Validity.

If any section, paragraph, subsection, clause or phrase of this code is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this code. The city council hereby declares that they would have passed this code and each section, paragraph, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraphs, clauses, or phrases were unconstitutional or invalid. (Ord. 99C-13 § 1).

19.01.030 Reasonable accommodation.

A. Eligibility. Any person claiming to have a handicap or disability, within the meaning of the Fair Housing Amendments Act (FHAA), 42 U.S.C. 3602(h) or the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this development code pursuant to the requirement of the FHAA, or the WLAD, that reasonable accommodations be made in rules, policies, practices, or services when such accommodations may be necessary to afford persons with handicaps or disabilities equal opportunity to use and enjoy a dwelling, shall make such request for reasonable accommodation to the code official.

B. Procedure.

1. An applicant for reasonable accommodation must provide verifiable documentation of handicap or disability eligibility to the code official and describe the need for and proposed accommodation.

2. The code official shall determine what adverse land use impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. This determination shall take into account the size, shape and location of the dwelling unit and lot; the traffic and parking conditions on adjoining and neighboring streets; vehicle usage to be expected from the residents, staff and visitors; and any other circumstances determined to be relevant.

3. The applicant’s need for accommodation shall be considered in light of the anticipated land use impacts, and conditions may be imposed in order to make the accommodation reasonable in light of those impacts.

4. A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the code official’s decision. If it is determined that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the code official shall rescind or modify the decision to grant reasonable accommodation.

5. The code official shall act promptly on the request for accommodation and shall not charge any fee for responding to a request for accommodation.

6. Nothing herein shall prevent the code official from granting reasonable accommodation to the full extent required by federal or state law.

7. The code official’s decision shall constitute final action by the city on a request for accommodation, and review of the decision will be available only in superior court. Any appeal must be filed not more than 21 days after the issuance of the code official’s decision. (Ord. 03C-08 § 2; Ord. 99C-13 § 1).

19.01.040 Zone establishment.

A. 

Zone

Symbol

 

Single-Family

R-8.4

 

Single-Family

R-9.6

 

Single-Family

R-12

 

Single-Family

R-15

 

Multiple-Family

MF-2L

 

Multiple-Family

MF-2

 

Multiple-Family

MF-3

 

Business

B

 

Planned Business

PBZ

 

Commercial Offices

C-O

 

Public Institution

P

 

Town Center

TC

B. The location and boundaries of the various zones of the city are shown and delineated on the city of Mercer Island Zoning Map which is set out in Appendix D of this development code and is incorporated herein by reference.

C. The location and boundaries of the various zones as hereafter determined by the city council shall be shown and delineated on zone maps covering portions of the city, each of which maps shall be a part of this code either by adoption as a part hereof or by amendment hereto.

D. Each zone map and all notations and other information shown thereon shall become part of this code.

E. A zone map may be divided into parts and each part may, for purposes of identification, be subdivided into units. Such parts may be separately and successively adopted by means of an amendment of this code and, as adopted, such zone map, or its parts, shall become a part of this code.

F. Changes in the boundaries of a zone shall be made by ordinance adopting an amended map, or part of said zone map.

G. When uncertainty exists as to the boundaries of any zones shown on any zone map, the following rules shall apply:

1. Boundaries shown on a map as approximately following street lines or lot lines shall be construed as actually following such lines.

2. Where a boundary between zones divides a lot into two or more pieces, the entire lot shall be deemed to be located in the first zone on the following list in which any part of the lot is located: R-15, R-12, R-9.6, R-8.4, MF-2L, MF-3, MF-2, P, PBZ, C-O, TC, and B. The location of the zone boundary shall be determined by use of the scale appearing on the zone map unless the location of the boundary is indicated by dimensions.

3. Where property abuts Lake Washington, the land use classification of the upland property extends waterward across the abutting shorelands and beds to the line of navigability/inner harbor line as established in 1984 by the board of natural resources by Resolution No. 461.

4. In case any uncertainty exists, the planning commission shall recommend and the city council shall determine the location of boundaries.

5. Where a public street is officially vacated or abandoned, the land use classification applicable to the abutting property shall apply to such vacated or abandoned street. If a vacated street forms the boundary between two or more zones, the land use classifications of each abutting zone shall extend to the mid-point of the vacated street unless the planning commission recommends and the city council decides otherwise.

H. Except as hereinafter provided:

1. No land, building, structure or premises shall be used for any purpose or in any manner other than a use listed in this code, or amendments thereto, for the zone in which such land, building, structure or premises is located.

2. No building or structure shall be erected nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the requirements of this development code or amendments thereto.

3. No yard or other open spaces provided about any building or structure, for the purpose of complying with the regulations of this code or amendments thereto shall be considered as providing a yard or open space for any other building or structure. (Ord. 99C-13 § 1).

19.01.050 Nonconforming structures, sites, lots and uses.

A. General.

1. Purpose. The purpose of this section is to allow for the continuance and maintenance of legally established nonconforming structures, sites, lots and uses, and to provide standards delineating the circumstances in which nonconforming structures, sites, lots and uses must be brought into conformance with the provisions of all applicable code requirements.

2. Legal Nonconforming Status of Structures, Sites and Uses. All structures, sites and uses that lawfully existed prior to September 26, 1960, shall be considered legally nonconforming. Structures, sites and uses that were constructed or initiated after September 26, 1960, that were in conformance with all applicable code provisions in effect at the time of their creation but are not in compliance with current land use codes as a result of subsequent changes in code requirements are deemed to be legally nonconforming structures, sites and uses.

3. Illegal Nonconformance of Structures, Sites and Uses. Structures, sites and uses that were not in conformance with all applicable code provisions in effect at the time of their creation are illegal and shall be brought into compliance with all applicable provisions of this code.

4. Continuation or Loss of Legal Nonconforming Status of Structures, Sites and Uses. A structure, site or use may be maintained in legal nonconforming status as long as no new nonconformances are created, there is no expansion of any existing nonconformity, and legal nonconforming status is not lost under any of the circumstances set forth in this section. If legal nonconforming status is lost, the structure, site or use must be brought into conformance with all applicable code requirements.

5. Critical Areas. This section shall govern nonconforming structures, sites, lots and uses within any critical area, unless Chapter 19.07 MICC, Critical Lands, establishes more specific standards.

6. Application of Codes. Nothing in this section in any way supersedes the requirements of the construction codes set forth in MICC Title 17, and any other construction-related codes as adopted and amended from time to time by the city.

B. Repairs and Maintenance.

1. Ordinary Repairs and Maintenance. Ordinary repairs and maintenance of a legally nonconforming structure are permitted. In no event may any repair or maintenance result in the expansion of any existing nonconformity or the creation of any new nonconformity.

2. Decks. Repair and maintenance of a legally nonconforming deck, including total replacement, is allowed, as long as there is no increase in the legal nonconformity and no new nonconformances are created; provided, in the R-8.4 zone, any portion of a nonconforming deck that is in a side yard and less than five feet from an interior lot line may be replaced only if the deck is reconstructed to comply with current minimum side yard requirements.

C. Interior Remodel. Interior remodeling of a legally nonconforming structure is permitted and will not result in loss of legal nonconforming status regardless of the cost or extent of the interior remodel, as long as no exterior alteration or enlargement is involved. If exterior alteration in conjunction with interior remodeling is involved, loss of legal nonconforming status will be determined pursuant to the provisions set forth in subsection D of this section.

D. Exterior Alteration or Enlargement of Nonconforming Structures.

1. Detached Single-Family Residential Structures.

a. Reconstruction Following Catastrophic Loss. Any legally nonconforming detached single-family dwelling and/or accessory building or structure that suffers a catastrophic loss shall not lose its legal nonconforming status. Such dwelling or accessory building or structure may be reconstructed regardless of the extent of damage or reconstruction cost, to re-establish the previous legal nonconformity or otherwise, as long as there is no expansion of any existing nonconformity, the reconstruction creates no new nonconformance, and a complete building permit for reconstruction is submitted to the city within 12 months of the date of the loss.

b. Intentional Exterior Alteration or Enlargement.

i. Detached Single-Family Dwelling. A legally nonconforming detached single-family dwelling may be intentionally altered or enlarged without losing its legal nonconforming status as long as no more than 40 percent of the length of the dwelling’s exterior walls, excluding attached accessory buildings, are structurally altered. Any portion of the length of existing walls that are structurally altered shall be included in calculating the 40-percent threshold. In no event shall the alteration or enlargement increase any existing nonconforming aspect of the dwelling or create any new nonconformance. Legal nonconforming status shall be lost, and the structure shall be required to come into conformance with current code requirements, if the 40-percent threshold is exceeded. An increase in height of that portion of a structure that is legally nonconforming because it intrudes into a required yard is an increase in the nonconformity and is not allowed unless the additional height meets the current yard requirements of MICC 19.02.020(C)(1) except:

(A) A change from a flat roof to a pitched roof is allowed under MICC 19.02.020(C)(3)(a); and

(B) A height increase of a single-family dwelling and any accessory building or structure in the R-8.4 zone that is legally nonconforming because it intrudes into a minimum five-foot required side yard is allowed only if the additional height is modulated so that it is a minimum of 10 feet from the side yard property line.

ii. Accessory Buildings or Structures. A legally nonconforming attached or detached accessory building or structure, including but not limited to a carport, garage, shed, gazebo, deck or fence, may be altered or enlarged without losing its legal nonconforming status as long as no more than 40 percent of its exterior perimeter (or length in the case of a fence) is structurally altered. A wall that is shared with the main dwelling shall not be included in the calculation for the attached accessory building. In no event shall any alteration or enlargement increase any existing nonconforming aspect of the building or structure or create any new nonconformance. Legal nonconforming status shall be lost, and the structure shall be required to come into conformance with current code requirements, if the 40-percent threshold is exceeded.

2. Town Center.

a. Reconstruction Following Catastrophic Loss. In the Town Center, a legally nonconforming structure which suffers a catastrophic loss may be reconstructed to its previous legally nonconforming configuration and appearance if the cost of the reconstruction equals or is less than 75 percent of the structure’s current King County assessed value as of the time the loss occurs and is reconstructed within the same building footprint, to the same number of stories, and to the same square footage of the legally nonconforming damaged or destroyed structure. If the damaged or destroyed portion of the structure is reconstructed to other than its previous nonconforming configuration and appearance, the entire structure shall lose its nonconforming status and shall be required to come into conformance with current code requirements; however, minor changes in appearance that bring it into closer conformity with current code requirements shall not result in overall loss of nonconforming status. In any event, if the 75-percent threshold is exceeded, legal nonconforming status shall be lost and the structure shall be required to come into conformance with current code requirements.

b. Intentional Exterior Alteration or Enlargement. Legal nonconforming status of a structure in the Town Center is lost, and the structure shall be required to come into conformance with current code requirements, if there is any intentional exterior alteration or enlargement of a structure that costs in excess of 50 percent of the structure’s current King County assessed value as of the time the initial application for such work is submitted. No structure may be altered or enlarged so as to increase the degree of nonconformity or create any new nonconformance.1

3. Nonconforming Structures Other Than Single-Family or in Town Center.

a. Reconstruction Following Catastrophic Loss. Any legally nonconforming structure not covered under subsections (D)(1) or (2) of this section, that suffers a catastrophic loss may be reconstructed to its previous legally nonconforming configuration regardless of the extent of damage or reconstruction cost. No structure may be reconstructed so as to increase the degree of its nonconformity or create any new nonconformance. Regulated improvements reconstructed to their previous legally nonconforming configuration shall be subject to partial design review as provided by MICC 19.12.010(D)(2); however, no condition may be imposed by the design commission or code official which would have the effect of reducing the number of units contained in a multiple-family dwelling prior to the catastrophic loss.

b. Intentional Exterior Alteration or Enlargement. Legal nonconforming status of any legally nonconforming structure not covered under subsection (D)(1) or (2) of this section is lost, and the structure and site shall be required to come into conformance with all current code requirements, including design review, if there is an intentional exterior alteration or enlargement of the structure over any three-year period that incurs construction costs in excess of 50 percent of the structure’s current King County assessed value as of the time the initial application for such work is submitted; provided, application of this subsection shall not be construed to require an existing structure to be demolished or relocated, or any portion of an existing structure that is otherwise not being worked on as part of the construction to be altered or modified. If there is no current King County assessed value for a structure, a current appraisal of the structure, which shall be provided by the applicant and acceptable to the code official, shall be used as the value point of reference. No structure may be altered or enlarged so as to increase the degree of nonconformity or create any new nonconformance.

E. Abandonment of a Legally Nonconforming Structure or Use.

1. Structure. A legally nonconforming structure shall be deemed to be abandoned, and shall lose its legal nonconforming status and be required to come into conformance with current code requirements, after the structure has been unoccupied continuously for 12 months or more, unless it is listed on the state or federal register of historic buildings or meets the criteria for a historic building pursuant to Chapter 16.01 MICC.

2. Use. A legally nonconforming use shall be deemed to be abandoned and shall lose its legal nonconforming status, and any subsequent use shall be required to conform with current code requirements, after the use has been discontinued for 12 consecutive months or more.

3. Exception. A structure that has been unoccupied continuously for 12 months or more, or a use that has been discontinued for 12 consecutive months or more, shall not be deemed abandoned if the owner of the structure can provide compelling evidence, to the satisfaction of the code official, that the structure is being actively marketed for sale or the owner of the structure otherwise has a reasonably timely and viable plan for resuming occupation of the property or resuming the legally nonconforming use.

F. Nonconforming Sites.

1. Impervious Surface Coverage Limitation. A structure on a site that is legally nonconforming because the maximum allowable surface coverage has been exceeded can be increased in height (up to the maximum height permitted). No new impervious surfaces are permitted outside the footprint of an existing structure unless the site is either brought into conformance with all applicable impervious surface limitations or two square feet of legally existing impervious surface is removed for every one square foot of new impervious surface.

2. Parking Requirements. These parking requirements apply to subsections (F)(2)(a) and (c) of this section in the event of an intentional exterior alteration or enlargement, but do not apply in the event of reconstruction following a catastrophic loss. In the event of catastrophic loss, nonconforming parking may be restored to its previous legally nonconforming configuration.

a. Detached Single-family Dwelling Site. A detached single-family dwelling site that is legally nonconforming because it does not provide the number and type of parking spaces required by current code provisions shall provide parking spaces as provided by MICC 19.02.020(E)(1).

b. Town Center. A structure in the Town Center that is legally nonconforming because it does not provide the number and type of parking spaces required by current code provisions shall provide parking spaces as required by MICC 19.11.130(B)(1)(a) and subsections (I)(1) and (2) of this section, as applicable.

c. Sites Other Than for a Detached Single-Family Dwelling or in Town Center.

i. New Development and Remodels. A site other than those identified in subsections (F)(2)(a) and (b) of this section that is legally nonconforming because it does not provide the number or type of parking spaces required by current code provisions shall provide parking spaces as required by the current code provisions for the zone where the site is situated for all new development and remodels greater than 10 percent of the existing gross floor area.

ii. Change of Use. A site other than those identified in subsection (F)(2)(a) and (b) of this section that is legally nonconforming because it does not provide the number or type of parking spaces required by current code provisions shall provide parking spaces as required by the current code provisions for the zone where the site is situated whenever there is a change of use.

3. Landscaping, Open Space and Buffer Requirements. A site’s landscaping, open space and buffers shall be brought into conformance with current code requirements whenever a structure or use on the site loses its legal nonconforming status. Landscaping, open spaces and buffers should be brought into conformance with current code requirements as much as is feasible whenever any changes are made to a legal nonconforming structure.

G. Nonconforming Lots.

1. Legally Nonconforming Lot. A nonconforming lot shall be deemed to be a legally nonconforming lot if the lot was legally created. In order to establish that a lot was legally created, an applicant seeking permit approval must provide:

a. A long subdivision, short subdivision or plat approved by the city of Mercer Island or King County, separately describing and creating the lot in question; or

b. A deed, contract of sale, mortgage, property tax segregation, or recorded survey separately describing and/or conveying the lot in question if the instrument was executed prior to July 18, 1960, and evidence that the creation of the lot was consistent with all codes in effect at the time of such conveyance or recording date.

2. Illegal Nonconforming Lot. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of its creation is an illegal nonconforming lot and will not be recognized for development.

3. Minimum Requirements for Development of Legally Nonconforming Lot. In order to be used as a building site, an undeveloped legally nonconforming lot must meet the following minimum requirements:

a. The lot must exceed 3,500 square feet;

b. The lot must have a minimum width of 30 feet and a minimum depth of 50 feet;

c. The property owner must provide evidence that establishes that the lot was intended to be a building site at the time of its creation; and

d. The lot must not be subject to consolidation pursuant to subsection (G)(5) of this section.

If the owner provides proof to the satisfaction of the code official, demonstrating that the strict application of subsections (G)(3)(a) through (d) of this section prevents all reasonable use of the lot and that the owner was not involved in the creation of the legal nonconformity, such owner may be permitted to use the lot for one single-family residential dwelling, even if the lot does not meet the size, width, depth and other dimensional requirements of the zone, as long as all other applicable site, use and development standards are met or a variance from such site use or development standards has been obtained.

4. Development of Legally Nonconforming Lot. Subject to the limitations of subsections (G)(3) and (5) of this section, a legally nonconforming lot may be developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the zone, as long as all other applicable site, use and development standards are met or a variance from such site use or development standards has been obtained.

5. Consolidation. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, a legally nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of this code, except as specifically provided in subsection (G)(6) of this section.

6. Continuation of Developed Legally Nonconforming Lot. A legally nonconforming lot that was developed as a separate and complete building site in accordance with the applicable laws at the time of development shall maintain its legal nonconforming status even if the lot has been in the same ownership as a contiguous lot or lots; provided, if separately developed, contiguously owned legally nonconforming lots are subsequently developed as one building site, the lots shall be deemed to be consolidated and may only be used as a single lot thereafter.

7. No New Nonconformities Created. No nonconforming structure, site, lot or use shall be created as a result of the division of land or any modification of a lot line through any subdivision or lot line revision pursuant to Chapter 19.08 MICC.

H. Nonconforming Uses.

1. Change of Use. Any change from a legal nonconforming use shall be to a conforming use only; provided, the continuation of the same or similar use by the same or different owner will not result in loss of legal nonconforming status.

2. Additional Uses Prohibited. While a legal nonconforming use exists on any lot, no separate or new use may be established thereon, even though such additional use would be a conforming one.

3. Expansion of Legal Nonconforming Use. Legal nonconforming uses shall not be expanded or enlarged; however, if the code official determines that expansion or enlargement of the use or an accessory use (including parking) or other site modifications would make the use more conforming to current code standards or is required by city ordinance, state law, or federal law and no new nonconformity is created it may be allowed. Expansion includes increasing the size of the structure in which the use occurs or enlarging the scope, volume, area or intensity of the use in a significant way.

4. Nonconforming Use Associated With Structure that Suffers Catastrophic Loss. In the event of catastrophic loss to a structure, the legal nonconforming status of any use contained in the structure shall not be lost, provided a complete building application to rebuild the structure and reestablish the nonconforming use is submitted within 12 months of the loss.

I. Change of Use – Town Center.

1. Single Tenant. If any applicant proposes a change of use on a lot used or occupied by a single tenant or use, the applicant shall meet those code provisions determined by the code official to be reasonably related and applicable to the change in use. These provisions shall apply to the entire lot. If the development is nonconforming due to the number of parking spaces provided for the existing use, any change in use which requires more parking than the previous use shall provide additional parking consistent with current code parking requirements.

2. Multi-Tenant. If any applicant proposes a change of use on a portion of a lot occupied by multiple tenants or uses, the applicant shall meet those code provisions determined by the code official to be reasonably related and applicable to the change in use. These provisions shall apply only to that geographic portion of the lot related to the use or tenant space on which the change is proposed. If the multi-tenant lot is nonconforming due to the number of parking spaces provided for the existing uses, any change in use, which requires more parking than the previous use, shall provide additional parking consistent with current code parking requirements.

J. Enforcement. The provisions of this section requiring compliance with current code requirements for any illegal nonconforming structure, site or use, for any legally nonconforming structure, site or use that loses its nonconforming status and for any structure or use that is deemed abandoned shall be enforced pursuant to the provisions of MICC 19.15.030. (Ord. 16C-06 § 3 (Exh. A); Ord. 11C-08 § 1; Ord. 04C-12 § 8; Ord. 04C-08 § 5; Ord. 03C-01 § 2).

19.01.060 Hold harmless/indemnification agreement and covenant not to sue, performance guarantees, liability protection.

A. Purpose. Prior to issuing any permit or approving any application the city may require an applicant to provide one or more of the following to protect the city from and against damages to property or injury to persons that may arise from the permitted activity, and to ensure that the applicant performs all permit conditions.

B. Hold Harmless/Indemnification Agreement and Covenant Not to Sue.

1. General. The owner of private property for which a permit application is submitted may be required to provide a hold harmless/indemnification agreement and covenant not to sue approved by the city and recorded with the King County recorder’s office prior to the issuance of the permit. Said agreements shall be negotiated and in a form approved by the city attorney, and shall run with the land and be binding on the applicant and his/her successors, heirs and assigns for such period of time as shall be determined appropriate by the city official charged with issuing the permit or approving the application.

2. Permitted Activity Not in a Critical Area. A hold harmless/indemnification agreement and covenant not to sue may be required in, but not limited to, the following circumstances: adjacency of the permitted activity to roadways or structures; previous poor performance on the part of the applicant or his or her agent; overall construction costs; or when materials, methods of design or methods of construction other than those specifically prescribed by the construction codes set forth in MICC Title 17 may be used. Generally, in such circumstances, said agreements may be required to run with the land for a period of three years from completion of the work; provided, the city may extend such period of time to ensure that such agreements are effective until the final resolution of any pending or potential claims.

3. Permitted Activity in Critical Areas. A hold harmless/indemnification agreement and covenant not to sue may be required in, but not limited to, the following circumstances: the permitted activity will take place on or may impact a watercourse, wetland, shoreline, steep slope or landslide-prone slope, or poor soil conditions or other geologic hazards may exist. Generally, in such circumstances, said agreements shall be required to run with the land without limitation as to a period of years.

C. Performance Guarantees and Liability Protection.

1. Bonding or Assignment of Funds.

a. The city may require an applicant to guarantee that activities allowed through the issuance of a permit or through approval of an application will be undertaken and completed to the city’s satisfaction. This includes, but is not limited to, guarantees that improvements will be constructed; that they shall remain free from defects of materials, workmanship, and installation for a set period of time; and that landscaping shall survive for a set period of time.

b. Guarantees may be required for: significant construction in streets; work on public property not performed by the city; nonresidential landscaping; critical areas stabilization and restoration; permanent site restoration on nonresidential projects; and other activities if the city engineer or city attorney determines there is sufficient potential risk of property damage or injury to persons or the environment in the event the applicant fails to complete the permitted work.

c. The amount of such guarantees and the length of time for which it shall be required, shall be determined by the city official charged with issuing the permit or approving the application for which the guarantee is made.

d. The city may choose to accept such guarantees in the form of either a bond posted with the city, or through an assignment of funds in lieu of bond.

e. If the responsible city official determines that the guaranteed action or improvement fails to meet the criteria under which it was allowed, the city shall give written notice to the applicant. If the condition is not corrected in the time set by the city official, all rights to the bond or to the funds are forfeited and any cash plus interest accrued shall remain the sole property of the city. Otherwise, at the expiration of the specified period, the responsible city official shall release the applicant from the assignment of funds or bond and the applicant may request that said bond or said funds and any interest accrued be returned to the applicant.

f. Any rights granted to the city by this section are in addition to any other rights granted by law.

2. Insurance. Prior to issuing a permit or approving an application, the city may require the applicant to provide a certificate of general liability insurance, with limits of liability in an amount acceptable to the city attorney, from an insurance company authorized to do business in Washington, insuring against injury to persons and damage to property, and may require that the city be named as an additional insured. (Ord. 04C-12 § 9; Ord. 03C-10 § 1; Ord. 99C-13 § 1).

19.01.070 Variance and deviation procedures.

An applicant for a permit under this development code may request a variance or deviation from those numeric standards set out in the code that are applicable to the permit. The applicant shall make such a request to the official or body designated in MICC 19.15.010 (E).

A. Variance.

1. An applicant may request a variance from any numeric standard applicable to the permit or from any other standard that has been specifically designated as being subject to a variance.

2. A variance may be granted if the applicant demonstrates that the criteria set out in MICC 19.15.020(G)(4), and any additional variance criteria set out in the code section under which the permit would be issued, are satisfied.

B. Deviation.

1. An applicant may request a deviation only from those numeric standards that have been specifically designated as being subject to a deviation.

2. A deviation may be granted if the applicant demonstrates that the criteria set out in MICC 19.15.020(G)(5), and any additional deviation criteria set out in the code section under which the permit would be issued, are satisfied. (Ord. 99C-13 § 1).


1

Code reviser’s note: MICC 19.01.050(D)(2)(c) has been deleted as obsolete, per the city’s request, as a scrivener’s error.