The easiest way to differentiate between the Preservation process and Restoration process is by what photos are being used as evidence of the view:
- If you have personal photos you want to use to show a foliage owner the view you had in the past and would like to “restore,” then you follow the View Restoration process.
- If you obtained a Primary View Determination from the City to document your view, and this view has been impaired by the growth of trees and foliage, you would “preserve” your documented view through the View Preservation process.
The View Preservation process also allows a party to obtain a View Preservation Permit, which can be enforced pursuant to the penalty provisions of MMC 17.45.080 or pursuant to a private right of action to require compliance with the permit. If, through 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.
View Restoration can only be enforced through a private right of action if the parties are unable to reach agreement. In such an action, an advisory opinion from the City can be considered by the court, and should be given deference, but it is not binding on the view issues.View Preservation & View Restoration webpage