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Mercer Island council adopts permanent rules for temporary structures after debate over notice and fees
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Summary
The council adopted Ordinance 25C‑26 to make temporary‑use regulations permanent, setting a 180‑day permit (with limited 30‑day extension) and keeping most routine permits as Type 1 (no direct mailed notice). Council directed staff to keep a docket open to study adding a low‑cost bulletin notice for Type 1 permits.
Mercer Island’s City Council voted Nov. 18 to adopt Ordinance 25C‑26, establishing permanent regulations for temporary uses and structures — including outdoor dining and seasonal 'bubbles' used by athletic facilities. The measure replaces interim rules that expire Dec. 16 and carries a standard temporary‑use permit duration of 180 days with a possible 30‑day extension.
City Planning Director Jeff Thomas framed the ordinance as the culmination of council direction that began at the 2024 planning session and noted the Planning Commission forwarded recommendations on Sept. 10. Thomas said the city had already applied interim regulations in 2024 and renewed them in 2025 to manage immediate needs while staff drafted permanent code.
The most contested issue in council discussion was public notice. Under the adopted code, many short‑term uses remain Type 1 permits that do not trigger individualized mailed notice or automatic placement in the public permit bulletin. Council members pressed staff about alternatives: Mayor Salim Nees proposed simply placing Type 1 entries in the permit bulletin so neighbors receive basic electronic notice, and staff said that a bulletin‑only approach was feasible but would require internal work to estimate costs. Jeff Thomas warned that requiring full notice and a formal decision notice for Type 1 permits could raise permit fees substantially — “in the range of 10x to 12x from what they are now,” he said.
Council also discussed exemptions for city‑executed events and whether partner events such as the farmers market should be exempt; staff recommended that the farmers market remain subject to permitting because the city acts as a partner rather than sole event organizer. After debate, the council adopted the ordinance by roll call vote and then approved a separate motion directing the city manager to keep the docket item open and return in 2026 with options for adding public notification (bulletin posting) for Type 1 permits.
The council’s action implements a 180‑day temporary‑use permit with inspection requirements (including electrical and fire marshal reviews for structures); staff said an application that is complete can typically be reviewed in about one week. The council did not change the 180‑day limit tonight but opened a pathway for staff analysis of a low‑cost bulletin notice to increase transparency without imposing the full costs and delays of a higher‑tier notice process.
What’s next: Staff will calculate the cost and staff time required to post Type 1 temporary‑use permit notices in the permit bulletin and return options to the council in 2026 under the kept docket item.
