Chapter 19.06
GENERAL REGULATIONS

Sections:

19.06.010    Prohibited uses.

19.06.020    Temporary signs.

19.06.030    Antennas.

19.06.040    Wireless communications.

19.06.050    Commerce on public property.

19.06.060    Encroachment into public right-of-way.

19.06.070    Repealed.

19.06.080    Siting of group housing.

19.06.090    Temporary encampment permit.

19.06.010 Prohibited uses.

The following uses are prohibited in all zones except as specifically allowed below.

A. Portable toilets except for temporary encampments, emergency or construction use.

B. Electric fences or any device designed to give an electric shock to any person coming in contact therewith.

C. Houseboats and watercraft used for habitation or commercial purposes.

D. Excavation and removal from the lot, as distinguished from grading on the lot, of black soil, peat, sand, gravel or other natural deposits.

E. The use of any vehicle or trailer as a dwelling.

F. Any signs, except as permitted by this code, or other city or state regulation.

G. The lease of any dwelling or dwelling unit for a period of less than 30 days; provided, rooms in a bed and breakfast, hotel, or motel may be leased for periods of less than 30 days. (Ord. 10C-01 § 3; Ord. 99C-13 § 1).

19.06.020 Temporary signs.

A. General Provisions. All temporary signs in the city are subject to the following conditions:

1. Signs may not be placed on private property without permission of the owner.

2. All signs shall be unlit.

3. Signs shall not obstruct vehicular or pedestrian traffic.

4. It is the responsibility of the person posting a temporary sign to remove it.

5. Except as specified elsewhere in this section, temporary signs shall not exceed 60 inches above the ground and shall not exceed six square feet in area; provided, signs up to 16 square feet in area may be allowed subject to the issuance of a permit from the code official; further provided, both sides of an A-frame sign shall be counted in calculating the sign’s area.

6. Signs in Public Rights-of-Way. Signs may not be placed on public property except for publicly owned rights-of-way. In addition to all other applicable conditions, signs placed in rights-of-way shall be subject to the following conditions:

a. Signs may be placed on rights-of-way adjacent to a single-family dwelling only with permission of the adjoining property owner.

b. Signs shall not create a traffic safety or maintenance problem, and the city may remove and dispose of any signs that do constitute a problem.

c. Signs placed on public property shall be freestanding and shall not be attached to any structure or vegetation. Signs attached to utility poles, traffic signs, street signs, or trees are specifically forbidden.

d. Signs shall be either an A-frame design or shall be attached to a stake driven into the ground well clear of tree roots, irrigation lines and any other underground vegetation or structures that could be damaged by such a stake.

e. A temporary sign, other than a political sign, may only be erected for a maximum of 90 days during any 365-day period.

B. Temporary Signs Allowed in All Zones.

1. Temporary, Noncommercial Signs. Temporary, noncommercial signs are allowed in all zones, subject to the conditions set out in subsection A of this section and the following conditions:

a. Except as allowed in subsection C of this section, banners, pennants, and other similar attention getting devices are not allowed; provided, such signs may be allowed for community-wide civic activities subject to the issuance of a permit from the code official.

2. Temporary Commercial Signs. Temporary commercial signs are not allowed outside of the TC, B and PBZ zones except for real estate signs and garage sale signs.

a. Real Estate Signs. Signs advertising the sale, rental, or lease of property are allowed in all zones, subject to the following conditions.

i. One real estate sign per street frontage is allowed on property being offered for sale, rent, or lease.

ii. Three real estate A-frame signs may be posted in the public right-of-way, subject to the conditions set out in subsection (A)(6) of this section, for the following purposes:

(a) Advertising a real estate open house at a single-family dwelling; provided, no more than four signs total may be posted for property being sold by the same owner;

(b) Directing the public to a multiple-family dwelling in which there is a dwelling unit available for rental or sale.

iii. Real estate sales and rental signs shall be removed within seven days after the sale or rental of the property being advertised.

iv. Real estate signs in public rights-of-way may be posted only during those hours that a real estate or rental agent is actually present at the property and shall be removed at the end of the open house or when the sales or rental office closes each day.

b. Garage Sales.

i. Three signs directing the public to a garage sale may be posted in a public right-of-way subject to the conditions set out in subsection (A)(6) of this section.

ii. Garage sale signs may be posted no more than 24 hours before the beginning of the sale and shall be removed at the end of the sale.

3. Political Signs. Political signs may be posted in the public right-of-way, subject to the conditions set out in subsection (A)(6) of this section.

C. Temporary Commercial Signs in the TC, B, and PBZ Zones. Temporary commercial signs in the form of banners, A-frame sandwich boards and streamers are allowed in the TC, B, and PBZ zones; provided, temporary signs shall not be permanently attached to any structure on the site; and further provided, the temporary signs conform to the following conditions:

1. Banners.

a. Shall be no larger than 48 square feet; however, no business may display more than 10 square feet of banner per 10 feet of business facade as measured by that portion of the building facing the access street, up to a maximum of 48 square feet, but always in proportion to the business building.

b. Shall be limited to one banner per side of the business as it faces and is accessible to the public.

c. Shall be attached to the building housing the business.

d. May hang for up to 30 days at one time, but no more than a total of 120 days per calendar year on a side of the business designated for display. Any side of a business must be free of any banner for a period of no less than 14 days before the next banner is hung.

e. Shall be professionally produced by a person skilled in the art of graphic design.

f. Shall be hung in a manner which does not obstruct traffic or a view of any other business.

g. Shall be well maintained.

2. A-Frames. Each licensed business may post one A-frame sign either on property owned or controlled by the business or in the public right-of-way, subject to the conditions set out in subsection (A)(6) of this section; provided, the sign:

a. Shall not exceed 60 inches above the ground and shall not exceed 24 square feet in area; provided, both sides of the A-frame shall be counted in calculating the sign’s area.

b. May be used on a daily basis, but only during business hours.

c. Shall be located within 100 feet of the business displaying the sign.

d. Shall be professionally produced by a person skilled in the art of graphic design.

e. Shall be well maintained.

3. Streamers, Flags, or Pennants Attached to a String or Wire.

a. May be used a maximum of two times per year for a maximum of seven days each time.

b. Shall be attached to the building housing the business displaying the streamer.

c. Shall not obstruct vehicular or pedestrian traffic or obstruct a view of any other business.

d. Shall be well maintained.

4. Other Temporary Signage. Other forms of portable signs are expressly prohibited. (Ord. 08C-01 § 2; Ord. 02C-05 § 7; Ord. 02C-04 § 9; Ord. 99C-13 § 1).

19.06.030 Antennas.

A. Antennas are not permitted within required yards or setbacks.

B. Dish antennas are not permitted between a building and a street.

C. No part of a dish antenna shall exceed 15 feet above average building elevation. Dish antennas shall not be permitted on rooftops of buildings.

D. The code official shall review the proposed location of a dish antenna to determine that the antenna is located and designed so as to minimize the visual impact on surrounding properties and streets and is reasonably and adequately screened from view from abutting properties.

E. Dish antennas shall not be installed on a portable, or movable device, such as a trailer.

F. Dish antennas shall not exceed 12 feet in diameter.

G. Dish antennas shall be constructed of transparent material such as wire mesh and shall be finished in a dark color and a non-light-reflective surface.

H. Only one dish antenna shall be permitted on any residential lot.

I. A deviation from any of the above standards may be granted by the code official or the design commission for projects which require design commission approval.

J. Dish antennas shall be installed and maintained in compliance with the applicable construction codes set forth in MICC Title 17. (Ord. 04C-12 § 13; Ord. 01C-06 § 1; Ord. 99C-13 § 1).

19.06.040 Wireless communications.

A. Town Center, Commercial/Office, Business and Planned Business Zones.

1. Permitted Use. Attached WCFs are permitted in the Town Center, commercial/office, business and planned business zones. WCFs with support structures are permitted in the commercial/office and planned business zone districts, and are not permitted in the Town Center district.

a. Town Center Zone (TC). The height of attached WCFs shall not exceed the height of the structure it is attached to by more than 15 feet. Wireless support structures are not allowed in the TC zone.

b. Commercial/Office Zone (C-O). The height of attached WCFs shall not exceed the height of the structure it is attached to by more than 10 feet. Structures shall not be located within front yard setbacks. Structures in the side and rear yards must be set back from adjacent property a distance equal to the height of the pole. New WCFs may be located on a monopole and shall not exceed 60 feet in height.

c. Planned Business Zone (PBZ) and Business Zone (B). The height of attached WCFs shall not exceed the height of the structure it is attached to by more than 10 feet. Structures shall not be located within the setbacks. New WCFs may be located on a monopole and shall not exceed 60 feet in height.

2. Approval Process/Review. Wireless communications facilities are subject to review by the code official as outlined in subsection E of this section and MICC 19.15.010(E). When there are more than six antennas at one site, the code official may deem that site full and deny additional antennas.

B. Public Institution Zone (I-90 Corridor).

1. Permitted Use. Wireless communications facilities, including antenna support structures and equipment cabinets, are permitted. Facilities must meet all of the following criteria:

a. Antennas shall not project more than two feet in height over the nearest I-90 retaining wall, unless they are located on an existing structure, and must be screened as much as possible from public views;

b. Equipment cabinet dimensions shall not exceed 480 cubic feet, should be placed underground if feasible and shall be completely screened from pedestrian and park activities with landscaping;

c. Facilities shall be within 15 feet of the pedestrian side of the I-90 retaining wall, unless they are located on an existing structure. Facilities may be located between the retaining walls in the traffic corridor;

d. Facilities shall be at least 300 feet from any single-family dwelling, unless located between and below the top of the retaining walls in the traffic corridor;

e. Applicants shall demonstrate that they have attempted to collocate on existing structures such as other wireless support structures, rooftops, light poles, utility poles, walls, etc.

2. Approval Process/Review.

a. Wireless communications facilities are subject to review by the code official as outlined in subsection E of this section and MICC 19.15.010(E). When there are more than six antennas at one site, the code official may deem that site full and deny additional antennas.

b. No wireless communications facilities are allowed along the Mercer Island Artway, defined as the south side of I-90 between 76th Avenue SE and 80th Avenue SE.

C. Island Crest Way Corridor.

1. WCFs are permitted within the right-of-way boundary along Island Crest Way from SE 40th Street to SE 53rd Place and from SE 63rd to SE 68th Street. WCFs must be attached directly to and incline with existing utility poles, with minimal overhang. WCF antennas shall not exceed 96 inches in length, 12 inches in width, and 12 inches in depth. The WCF must not project over the height of the pole, but a pole with a height of up to 70 feet may replace an existing pole or a pole with a height of up to 110 feet may replace an existing pole if the WCF is being collocated with another WCF consistent with subsection F of this section. All WCFs shall be set back from adjacent residential structures by a minimum of 40 feet.

2. Approval Process/Review. WCFs in the Island Crest right-of-way must be reviewed and approved by the code official in accordance with subsection E of this section and MICC 19.15.010(E) and be approved by the city engineer. When there are more than six antennas at one site, the code official may deem that site full and deny additional antennas. Proponents must provide an agreement with the utility pole owner granting access to the pole.

D. Residential Districts.

1. Permitted Use. WCFs are prohibited in single-family and multifamily residential zones; provided, WCFs are permitted as stated below on the following public and utility properties:

a. South Mercer Island Fire Station, 8473 SE 68th Street. Maximum height: 60 feet;

b. Puget Sound Energy Power Substation, 8477 SE 68th Street. Maximum height: 60 feet;

c. Mercer Island Water Reservoir, 4300 88th Avenue SE. Maximum height: 60 feet;

d. Island Crest Park, if the WCF is either (i) attached to an existing ballfield light standard, or (ii) attached to a new stealth designed replacement ballfield light standard located along the eastern border of Island Crest Park.

i. Maximum number of support structures: A maximum of two support structures (existing or replacement ballfield light standards) with up to three WCFs on each such support structure;

ii. Maximum height: 110 feet; and

e. Certain rights-of-way adjacent to Clise Park.

i. Maximum number of support structures: One stealth support structure with up to three WCFs on such support structure located within the rights-of-way at the intersection of Island Crest Way, 84th Avenue SE and SE 39th Street, in a location at such intersection abutting trees and having the least visual impact while ensuring the maximum protection of mature trees.

ii. Maximum number and location of equipment cabinets: Three equipment cabinets associated with such support structure located in that portion of the SE 39th Street or 84th Avenue SE rights-of-way adjacent to Clise Park, except that if such location does not permit the proper functioning of the WCF as determined by the code official, then the equipment cabinet shall be located in the Island Crest Way right-of-way adjacent to Clise Park.

iii. Maximum height: 110 feet.

WCFs on the above properties may be attached or have a monopole structure. Except as to the Puget Sound Energy Substation referred to above, equipment cabinets shall be placed underground if physically feasible. In Island Crest Park, 84th Avenue SE or SE 39th Street right-of-way, the equipment cabinets may be placed aboveground if the parks director determines there is a significant benefit to the parks by either the retention of trees and/or vegetation or the improvement of park uses. Any aboveground equipment cabinet must be properly screened consistent with subsection (E)(3) of this section. The setback of the support structure from any adjacent residential property line shall be equal to the height of the support structure except in Island Crest Park or those rights-of-way described in subsection (D)(1)(e) of this section, where the setback of the support structure shall be 40 feet from any residential structure.

2. Approval Process/Review. Wireless communications facilities are subject to review by the code official as outlined in subsection E of this section and MICC 19.15.010(E). When there are more than six antennas at one site, the code official may deem that site full and deny additional antennas.

E. Performance Standards.

1. Attached WCFs. Attached WCFs which are visible to the traveling public and/or neighboring residences shall be designed to blend in with the existing structure and be placed in a location which is as unobtrusive as possible consistent with the proper functioning of the WCF, and use compatible or neutral colors. If the aesthetic impacts cannot be mitigated by placement and color solutions, the WCF can be required to be screened.

2. WCFs with Support Structures. WCFs with support structures shall be designed to blend into the existing site and be placed in a location which is as unobtrusive as possible consistent with the proper functioning of the WCF, and use compatible or neutral colors. If the aesthetic impacts cannot be mitigated by placement and color solutions, the WCF can be required to be screened with landscaping and/or fencing.

3. Equipment Cabinets. Equipment cabinets that are visible to the traveling public and/or neighboring residences shall be designed to blend in with existing surroundings, be placed underground if feasible, or placed in a location as unobtrusive as possible consistent with proper functioning of the WCF, and use compatible or neutral colors. Screening may be required using landscaping or fencing.

4. Engineer Review. The city shall require any WCF applicant to present engineering data showing the coverage of its existing WCFs and establish that the proposed WCF is required in order to prevent a significant gap in service coverage. The city may hire an independent engineer or other telecommunications consultant to review the applicant’s data. If such review is required by the city, the applicant shall pay all costs associated with the city hiring an independent engineer or consultant.

5. Priority Locations. WCFs shall be located only in the zones and properties described in this chapter and a WCF applicant shall locate any WCF in the following siting priority consistent with proper functioning of the WCF:

a. Public properties described in subsections B and D of this section;

b. Town Center, commercial/office and planned business zones described in subsection A of this section; and

c. Island Crest Way corridor described in subsection C of this section.

F. Shared Facilities and Collocation. The applicant shall collocate the WCF with an existing WCF site unless the applicant can demonstrate to the city’s satisfaction that such collocation is not feasible due to radio interference, usable signal, other engineering reason, property owner’s refusal to lease property, or zoning restriction. The city also encourages WCF applicants to construct and site facilities with a view toward sharing sites and structures with other utilities, and accommodating the future collocation of other future WCFs.

G. Electromagnetic Radiofrequency Emissions. The city recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission sole jurisdiction in the field of regulation of radio-frequency (RF) emissions and WCFs which meet FCC standards shall not be conditioned or denied on the basis of RF impacts. In order to provide information to its citizens, the city shall maintain file copies of ongoing FCC information concerning WCFs and radiofrequency standards. Applicants for WCFs shall be required to provide the city information on the projected power density of the facility and compliance with the FCC requirements.

H. Height Variance. If strict application of these provisions would preclude an antenna from receiving or transmitting a usable signal, or, if the property owner believes that an alternative exists which is less burdensome to adjacent property owners, an application for a variance may be filed under the provisions of MICC 19.15.020. The code official may grant a height variance upon finding that the criteria in MICC 19.15.020(G)(4) are met, and that one of the following criteria are also met:

1. Compliance with the above provisions would prevent the antenna from receiving or transmitting a usable signal; and the alternative proposed constitutes the minimum necessary to permit acquisition or transmission of a usable signal; or

2. The alternative proposed has less impact on adjacent property owners than strict application of the above provisions; or

3. In Island Crest Park if the parks director supports the variance because there will be a significant benefit to the park by either the retention of trees and/or vegetation or improvement of park uses.

I. Removal of WCFs. If a WCF becomes obsolete or unused, it must be removed within six months of cessation of operation at the site.

J. Administration and Appeals. Applications to construct WCFs shall follow the permit review procedures in MICC 19.15.020. Appeals shall follow the appeal process outlined in MICC 19.15.020(J). (Ord. 11C-11 § 1; Ord. 11C-05 § 1; Ord. 08C-01 § 2; Ord. 04C-02 §§ 1, 3; Ord. 02C-10 §§ 1, 2, 3, 5; Ord. 99C-13 § 1).

19.06.050 Commerce on public property.

A. The purpose of this chapter is to allow for the safe, healthful and aesthetic use of public property for the benefit of private commerce.

B. The provisions of this section shall apply only to public sidewalks, streets and rights-of-way within the Town Center zone.

C. Any person(s), corporation, or company who wishes to use the public right-of-way for the exchange of goods or services shall apply for a private commerce on public property permit. Such permit shall be in the form specified by the code official and shall contain such information as deemed necessary by the code official.

D. Criteria for Permit. A private commerce on public property permit shall be reviewed based on the following criteria:

1. The applicant business has an active business license for a location immediately adjacent to the public property location where the request has been made.

2. The location of the business activity does not create a safety hazard for motorists, bicyclists or pedestrians.

a. The business location maintains sufficient area for the free passage of pedestrians along sidewalks and access to other adjacent businesses.

b. The business location does not obstruct the views of motorists turning into or out of a street or parking lot.

3. The business operation does not generate litter, noise or other nuisances that would be objectionable to the public or other businesses in the immediate area.

a. Adequate refuse containers shall be provided.

b. Hours of operations are sensitive to the surrounding neighborhood.

c. No music or sound is amplified.

d. The area can be maintained in a clean condition.

e. Physical improvements can be removed or secured when not in operation.

4. The design for any improvements is consistent with the design requirements for the Town Center plan.

5. The location and design do not unreasonably obstruct the visibility of any adjacent businesses.

6. The location of a business engaged in the sale of alcoholic beverages is separated from the public space with a barrier, fence, landscaping or other demarcation.

E. A permit to operate a private business on public property shall be reviewed and approved by the design commission; provided, that occasional, temporary business operations involving temporary structures and/or temporary right-of-way obstructions may be approved by the code official or referred to the design commission at the code official’s discretion.

F. All permittees must comply with all applicable city, county, state and federal laws, including the International Fire Code.

G. Permits for ongoing commercial use on public property shall be subject to renewal annually on the date of the original permit approval. Failure to submit a renewal request within 30 days of the annual renewal date shall result in the suspension of the permit.

H. The revocation of a permit shall be governed by MICC 19.15.030.

I. The provisions of this section shall not apply to the annual city-sponsored event known as “Summer Celebration.”

J. The code official may require a bond or assignment of funds as set out in MICC 19.01.060(C) to ensure that public property subject to commercial use under this section is restored to its former condition immediately following cessation of the commercial use.

K. The code official may require evidence of insurance, indemnification or other measures deemed necessary and sufficient to limit the city’s liability for the acts or omissions of persons, corporations, or companies seeking and obtaining permission to use public property for commercial purposes. (Ord. 08C-06 § 1; Ord. 04C-12 § 14; Ord. 99C-13 § 1).

19.06.060 Encroachment into public right-of-way.

A. An encroachment is any intrusion, irrespective of height or size, into a sidewalk, street, or other public right-of-way and includes, but is not limited to, fill material, retaining walls, rockeries, plants either deliberately planted or growing from adjacent property, or any other material or structures.

B. An encroachment into a public right-of-way is not allowed without an encroachment agreement.

C. A land owner seeking an encroachment agreement shall submit an application to the city engineer along with the applicable fee, and shall show the special topographical conditions which warrant an encroachment into the public right-of-way and show that there will be no interference with public use and enjoyment or access from such encroachment.

D. An encroachment agreement shall:

1. Specify the type and location of materials, plants, or structures allowed in the right-of-way;

2. Specify the rights and responsibilities of the city and the adjacent land owner for maintenance and eventual removal of the encroachment.

3. Make provisions for reasonable public access, including view, to the right-of-way and to any adjacent public property;

4. Make provisions for future access to the right-of-way for utilities, drainage, vehicles, and pedestrians;

5. Protect the public health and safety;

6. State that the city shall be entitled to revoke an encroachment agreement at any time, with or without cause and without penalty or liability, and that the property owner shall return the property to the same or better condition than existed prior to the encroachment; and

7. Contain any other criteria deemed necessary by the city engineer.

E. An encroachment agreement does not constitute a surrender by the city of any property rights to the right-of-way.

F. An encroachment agreement runs with the land adjacent to and benefited from the encroachment and is not valid until recorded with the King County assessor’s office.

G. Before a land owner may begin construction of the encroachments allowed under an encroachment agreement, that person shall obtain a right-of-way permit pursuant to MICC 19.09.060 after submitting an application to the city engineer along with the applicable fee. (Ord. 03C-09 § 2; Ord. 99C-13 § 1).

19.06.070 Bonding and insurance.

Repealed by Ord. 03C-10. (Ord. 99C-13 § 1).

19.06.080 Siting of group housing.

A. Special Needs Group Housing.

1. Permitted. Special needs group housing is permitted in all zones subject to the following conditions:

a. The facility shall meet all applicable Washington State licensing requirements.

b. The facility shall comply with all applicable construction codes set forth in MICC Title 17, including maximum occupancy restrictions.

c. Operators of housing for persons with handicaps or with familial status within the meaning of the Federal Fair Housing Amendments Act (FHAA) may not accept individuals whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others.

The code official may require the operator of a special needs group home to deny housing to an individual if the police chief determines, based on the characteristics and relevant conduct of the individuals at issue, that such tenant is a direct threat to the health and safety of others, or that such individual’s tenancy would result in substantial physical damage to the property of others. The police chief’s determination may be appealed to the hearing examiner by the operator or tenant at issue under the appeal procedure set out in MICC 19.15.020(J).

2. Reasonable Accommodation. Reasonable accommodations shall be made to handicapped persons, pursuant to the process provided in MICC 19.01.030, when such accommodations may be necessary to afford such persons equal opportunity to use and enjoy a dwelling, as required by the FHAA.

B. Social Service Transitional Housing.

1. Permitted. Social service transitional housing is permitted in all zones when authorized by the issuance of a conditional use permit (CUP). Review of the conditional use permit application will be based upon the criteria set forth in MICC 19.15.020(G)(3) and the supplemental criteria set forth in subsection (B)(3) of this section.

2. Exceptions.

a. If the police chief determines that the safety of the intended residents in a domestic violence shelter will be compromised by CUP public notice requirements, they may be waived.

b. A domestic violence shelter is not required to comply with subsection (B)(3)(c) of this section, which requires a 600-foot setback.

c. Social service transitional housing facilities that house persons with familial status and persons with handicaps within the meaning of the FHAA is permitted in all zones pursuant to subsection A of this section, and are not required to obtain a CUP.

3. Supplemental Conditional Use Criteria.

a. A determination made by the police chief as to whether a tenant may be a threat to the health or safety of others or whether an individual’s tenancy is likely to result in significant physical damage to the property of others, and, if so, whether conditions can be attached to satisfactorily control those risks.

b. The facility is at least 1,000 feet from any other facility under this classification.

c. The facility is at least 600 feet from the property line of educational or recreational facilities where children are known to congregate, including but not limited to any public park, the I-90 Trail, churches or synagogues, schools, licensed daycares, the Mercer Island Branch of the King County Library, public pools, the Mercerwood Shore Club, Mercer Island Beach Club, the Jewish Community Center, Mercer View Community Center, or the Boys and Girls Club.

d. The facility and program secures and maintains all licenses and/or approvals as required by the state or federal government.

e. The facility shall comply with all applicable construction codes set forth in MICC Title 17, including maximum occupancy restrictions.

f. The program will be operated under the authority of a reputable governing board or social service or government agency or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility.

g. The facility shall operate under a written management plan, including a detailed description of staffing, supervision, and security arrangements appropriate to the type and number of clients and to its hours of operation, which shall be submitted to and approved by the city prior to the first occupancy by any person intended to be served by the facility.

h. The facility has adequate off-street parking. The code official may require the applicant to submit a traffic study.

i. The city shall determine the number of dwelling units or occupancy rooms or suites permitted in the proposed facility based on the following criteria:

i. The specific nature of the occupancy and the persons that will be housed in the proposed facility.

ii. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites.

iii. The impacts on nearby residential uses of the proposed facility.

4. Appeal. The conditional use permit decision made under subsection B of this section may be appealed pursuant to MICC 19.15.020(J).

C. Rooming Houses.

1. Permitted. Rooming houses are permitted in multifamily zones and in the Town Center unless:

a. The rooming house fails to comply with all applicable construction codes set forth in MICC Title 17, including maximum occupancy restrictions;

b. The rooming house does not have adequate off-street parking, which will be determined by a traffic study that shall be promptly provided by the rooming house owner and/or operator if requested by the code official;

c. The police chief determines that any tenant is a threat to the health or safety of others; and

d. The code official determines that the rooming house creates any significant adverse impact affecting surrounding properties; and measures which may be required by the code official to be taken by the rooming house owner and/or operator to mitigate such impacts are not promptly taken or do not satisfactorily mitigate such impacts.

2. Appeal. Determinations made by the code official pursuant to subsection C of this section may be appealed pursuant to MICC 19.15.020(L). (Ord. 06C-06 § 2; Ord. 04C-12 § 15; Ord. 03C-08 § 1).

19.06.090 Temporary encampment permit.

A. General Conditions. Temporary encampments are allowed only pursuant to a permit issued in accordance with the following conditions:

1. A temporary encampment shall be located at a place of worship. If the place of worship is not actively practicing on the site proposed for a temporary encampment, then the place of worship must comply with all other permit requirements for the underlying zone required for siting a new place of worship and temporary encampment.

2. Each lot occupied by a temporary encampment must provide or have available parking and vehicular maneuvering area.

3. The temporary encampment and the parking of any vehicles associated with a temporary encampment application shall not displace the host site’s parking lot in such a way that the host site no longer meets the minimum or required parking of the principal use as required by code or previous approvals unless an alternative parking plan has been approved by the code official.

4. The temporary encampment shall be located within one-half mile of a public transit stop.

5. No temporary encampment shall operate within the city of Mercer Island for more than 90 consecutive days, except that the code official may allow up to five additional days to accommodate moving on a weekend.

6. The city shall not grant a permit for a temporary encampment that is proposed to commence on a lot or lots within one-half mile of any lot(s) that contained a temporary encampment within the last 18 months. For the purposes of this subsection, the 18 months shall be calculated from the last day of the prior temporary encampment within the one-half-mile radius. No more than one temporary encampment may be located in the city at any time.

7. All temporary encampments shall obtain, prior to occupancy of the lots, all applicable city of Mercer Island permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).

8. Each site occupied by a temporary encampment shall be left free of debris, litter, or other evidence of the temporary encampment upon completion of removal of the use.

9. The applicant shall submit a complete application for a temporary encampment permit at least 75 days before any occupancy by the temporary encampment.

10. The encampment shall be limited to a maximum of 100 persons. After the encampment reaches its 100-person capacity, any individual(s) who arrive after sundown (and meet all screening criteria) will be allowed to stay for one night, after which the individual(s) will not be permitted entry until a vacancy is available. Such occurrences shall be logged and reported to the code official on a weekly basis.

11. Because of their temporary nature, temporary structures within temporary encampments shall not be required to meet the design review criteria of Chapter 19.11 or 19.12 MICC. Any permanent structures, as determined by the code official, shall meet all applicable design review criteria and receive any necessary design review permits. All temporary structures for temporary encampments shall comply with the following design criteria:

a. Temporary encampment structures shall be located a minimum of 20 feet from any property line that abuts a residential property, unless otherwise approved by the code official. All other setbacks and yards applicable to permanent structures shall apply to temporary structures related to temporary encampments;

b. A six-foot-high sight-obscuring fence, vegetative screen or other visual buffering shall be provided between the temporary encampment and any abutting residential property and the right-of-way. The fence shall provide a privacy and a visual buffering among neighboring properties in a manner and material approved by the code official. The code official shall consider existing vegetation, fencing, topographic variations and other site conditions in determining compliance with this requirement; and

c. Exterior lighting must be directed downward, away from adjoining properties, and contained within the temporary encampment.

12. No children under the age of 18 are allowed to stay overnight in a temporary encampment unless accompanied by a parent or legal guardian. If any other child under the age of 18 attempts to stay overnight at the temporary encampment, the temporary encampment managing organization shall immediately contact the Washington State Department of Social and Health Services Child Protective Services, or its successor.

13. The temporary encampment shall comply with all applicable standards of the Seattle-King County health department, or its successor.

14. The temporary encampment shall comply with all Washington State and city codes concerning, but not limited to, drinking water connections, human waste, solid waste disposal, electrical systems, cooking and food handling and fire-resistant materials. Servicing of portable toilets and trash dumpsters is prohibited between the hours of 10:00 pm and 7:00 am on Mondays through Fridays, excluding legal holidays, and between the hours of 10:00 pm and 9:00 am on Saturdays, Sundays, and legal holidays, except in the case of bona fide emergency or under permit from the code official in case of demonstrated necessity.

15. The temporary encampment shall permit regular inspections by the city, including the police department, and King County health department to check compliance with the standards for temporary encampments. The Mercer Island fire department shall do an initial fire inspection and safety meeting at the inception of the temporary encampment.

16. All temporary encampments shall have services, such as food, water, and waste disposal, provided by a temporary encampment sponsor and supervised by a temporary encampment managing organization.

17. The managing organization and temporary encampment sponsor shall sign a hold harmless agreement for the temporary encampment.

18. The temporary encampment managing organization shall maintain a resident log for all who are residing at the temporary encampment. Such log shall be kept on site at the temporary encampment. Prospective encampment residents shall provide a verifiable form of identification when signing the log.

19. The temporary encampment sponsor and encampment managing organization shall ensure enforcement of a code of conduct at the temporary encampment site. The code of conduct shall be in substantially the following form or address the following issues:

a. Possession or use of illegal drugs is not permitted;

b. No alcohol is permitted;

c. No weapons are permitted;

d. All knives over three and one-half inches must be turned in to the encampment managing organization for safekeeping;

e. No violence is permitted;

f. No open flames are permitted;

g. No trespassing into private property in the surrounding neighborhood is permitted;

h. No littering on the temporary encampment site or in the surrounding neighborhood is permitted; and

i. No convicted sex offender shall reside in the temporary encampment.

Nothing within this section shall prohibit the encampment sponsor or encampment managing organization from imposing and enforcing additional code of conduct conditions not otherwise inconsistent with this section.

20. The temporary encampment managing organization shall obtain warrant and sex offender checks from the King County sheriff’s office for all current camp residents within the seven days prior to moving to Mercer Island, as well as from all new residents checking into the temporary encampment. If said check reveals the subject is a sex offender or has an active warrant, the temporary encampment managing organization or sponsor shall immediately contact the city of Mercer Island police department. The temporary encampment sponsor shall be responsible for verifying that the warrant and sex offender checks occur, that the log of persons residing at the temporary encampment is kept and that verifiable forms of identification are being provided.

21. Upon determination that there has been a violation of any condition of approval, the code official may give written notice to the permit holder describing the alleged violation. Within seven days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the seven-day period, the code official shall sustain or revoke the permit. When a temporary encampment permit is revoked, the code official shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a temporary encampment permit will be processed pursuant to Chapter 36.70C RCW. The availability of this procedure shall be in addition to the procedures set out in MICC 19.15.030.

22. A designated smoking area shall be provided on site in the location which would result in the least impact on neighboring properties based on distance.

23. The code official may require any other condition as necessary to mitigate impacts from temporary encampments.

B. Permit Application. The applicant for a temporary encampment shall submit all of the following, unless waived by the code official:

1. General application form;

2. A site plan, which extends 50 feet beyond the proposed site’s property boundaries, drawn to scale showing all of the following:

a. All existing structures;

b. Existing parking stalls;

c. Parking stalls proposed to be unavailable for parking vehicles during the temporary encampment;

d. All proposed temporary structures;

e. Proposed electrical and plumbing connections;

f. Location of trash receptacles, including trash dumpsters;

g. Location of toilets and other sanitary facilities;

h. Location and details of any proposed connection to wastewater, potable water, stormwater, electrical supply, or other public or private utility systems;

i. Proposed and existing ingress and egress;

j. Any permanent alterations on the lot to the site or structures; and

k. Designated smoking area;

3. Proposed fencing detail or typical section;

4. Written authorization from a temporary encampment sponsor on which the temporary encampment is located;

5. A hold harmless agreement, on a form approved by the city attorney, with a signature of the temporary encampment sponsor;

6. A copy of any agreements with other parties regarding use of parking, either on site or off site;

7. A copy of any agreement between the temporary encampment sponsor, temporary encampment managing organization, and any schools and/or child care services;

8. A copy of the code of conduct;

9. The applicant shall provide:

a. The date, time, and location of the required informal public meeting;

b. The name of persons representing the temporary encampment managing organization and sponsor at the informal public meeting;

c. A summary of comments provided; and

d. Copies of any documents submitted at the informal public meeting;

10. Any other information deemed necessary by the code official for the processing of a temporary encampment permit; and

11. All applicable application filing fees in an amount established by city ordinance or resolution.

C. Application Process. A temporary encampment permit is an administrative action. In addition to the requirements for the processing of administrative actions specified in Chapter 19.15 MICC, the following additional procedures shall apply:

1. Informal Public Meeting Required. The code official shall require an applicant to conduct an informal public meeting to inform citizens about a proposed temporary encampment prior to submittal of an application. Notice of the informal public meeting shall be provided in the same manner as required for notice of the application, at least 10 days prior to the informal public meeting. Prior to the informal public meeting, the temporary encampment sponsor and managing organization shall meet and confer with the Mercer Island police department regarding any proposed security measures. At the informal public meeting, a representative of the temporary encampment sponsor and managing organization shall present in writing and describe the proposed temporary encampment location, timing, site plan, code of conduct, encampment concerns, management security measures, and any input or comment received on the plan, including any comment or input from the Mercer Island police department, or comment or input from schools and/or child care services under subsection (C)(2) of this section. Copies of the agenda and other materials shall be provided by the applicant at the meeting. The meeting shall be conducted on the subject property whenever feasible.

2. Additional Mailed Notice. The requirements for mailing the notice of application set forth in Chapter 19.15 MICC shall be expanded to include owners of real property within 600 feet of the lot(s) containing the proposed temporary encampment. Prior to any application for a temporary encampment permit, the temporary encampment sponsor, or temporary encampment managing organization, shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the lot(s) proposed to contain the temporary encampment, and shall meet and confer with the operators of any properly licensed child care service within 600 feet of the boundaries of the lot(s) proposed to contain the temporary encampment. The temporary encampment sponsor and the school administration and/or child care service operator shall make a good faith effort to agree upon any additional conditions that may be appropriate or necessary to address school and/or child care concerns regarding the location of a temporary encampment within 600 feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the code official for consideration, for inclusion within the temporary encampment permit. In the event the parties fail to agree on any conditions, either party may provide the code official with a written summary of the parties’ discussions, which the code official may consider in evaluating whether the conditions for the temporary encampment permit are met, or the need for additional conditions upon the temporary encampment permit, without violating the legal rights of the temporary encampments sponsor.

D. Emergencies. The code official may waive these requirements when a catastrophic event necessitates the immediate establishment of a temporary encampment. (Ord. 10C-01 § 2).