View Preservation Permit - Planning Director
If any of the View Preservation or View Restoration steps produce an agreement or decision between the view owner and foliage owner, either party may submit a request for a View Preservation Permit from the Planning Director. The View Preservation Permit will memorialize the private agreement made between the two parties, and is enforceable pursuant to MMC 17.45.080. Approval of the permit will be based upon the Planning Director finding that the agreement or binding arbitration decision is in compliance with MMC Chapter 17.45. Approval of a View Preservation Permit by the Planning Director does not require a public hearing, and cannot be appealed to the Planning Commission.
A request for a View Preservation Permit, to be approved by the Planning Director, requires the following be submitted to the City:
- Uniform Application, providing contact information for the applicant, as well as all property owners involved in the agreement (attach a separate sheet if necessary)
- Application fee of $604
- Letter of authorization signed by both the view owner and the foliage owner to submit a View Preservation Permit, or language in the agreement that all parties are agreed to submit for a View Preservation Permit
- Copy of the agreement and all supplemental information from the informal discussion, mediation, or binding arbitration process
The above items must be submitted in person at the Planning Counter during City Hall hours. Typical processing is approximately one week, and all parties will receive a copy of the View Preservation Permit, once approved. The View Preservation Permit will be kept on file with the City, so all future property owners may have access to the agreement document. The View Preservation Permit is binding on all future owners of the properties where the view and foliage are located.
Enforcement of a View Preservation Permit
A View Preservation Permit can be enforced pursuant to the penalty provisions of MMC 17.45.080, or privately through the courts, for compliance with the permit. In such an action to enforce the permit, the terms of the permit cannot be reopened; the court will only decide whether there is a violation of the permit.