Zoning

Zoning is a governing body’s means to regulate the growth and development of a specified area. Zoning may also take the form of restrictions regarding use of property and restrictions regarding construction on real property. A governing body will adopt detailed maps that specify zoned areas, and the uses permitted within zoned areas.

Growth Management Act

Washington’s Growth Management Act is codified in RCW 36.70A.  A purpose of the Washington’s Growth Management Act is to prevent urban sprawl, protect the environment, and preserve natural resources industries.  Washington’s Growth Management Act also requires counties and cities meeting certain criteria to create and adopt a comprehensive plan.

Comprehensive Plan

A Comprehensive Plan created pursuant to Washington’s Growth management Act is a complicated and detailed document used by governing bodies in planning for the future.  A Comprehensive Plan usually includes maps, principles, standards, policies, goals, and descriptions for use by planning officials in planning for the physical development of commerce, industry, housing, transportation education, agriculture, recreation and public lands.

Urban Growth

Growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource.

Urban Growth Area

An Urban Growth Area (UGA) is generally an area of land, designated by a county and/or city, within which urban growth is encouraged and non-urban growth is discouraged. Likewise, outside of the UGA, urban growth is discouraged and non-urban growth is encouraged. UGA areas and densities may be adjusted based upon 20 year population projections made by the office of financial management of a county. Each UGA shall permit urban densities and shall include greenbelt and open space areas. However, cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

Variance

Generally, a Variance is a departure from the literal enforcement of a standard, requirement or regulation relating to the use of real property. Variances are usually based on the physical characteristics of the real property. Consideration usually include:

1. Whether there are exceptional or extraordinary circumstances or conditions applying to the real property that do not apply generally to other nearby real property
2. Whether the land or structure in question cannot be reasonably used and cannot yield a reasonable return if used only in accordance with the standard, requirement or regulation
3. Whether a variance will preserve a substantial property right possessed by other owners of nearby real property
4. Whether the variance would be detrimental to the community
5. Whether the variance complies with the governing body’s comprehensive plan.

Special Use Permit

Generally, a Special Use Permit allows an owner of real property to use the real property in a manner different than what is mandated in a specified standard, requirement or regulation. The intended use of the real property may not be detrimental to the community.

Administrative Process

In most jurisdictions, a person who seeks a Variance or Special Use Permit must complete an application and submit it to the governing body. Thereafter, a public hearing will be held before either a Board of Adjustment or a Hearing Examiner. At the public hearing, the governing body and the Applicant will each have an opportunity to give a presentation regarding the requested Variance or Special Use Permit. Members of the public in attendance may also voice their support of opposition to the requested Variance or Special Use Permit.