§ 8.3 - Relationship Between Comprehensive Plans and Zoning

• Jurisdiction: Washington

§8.3 RELATIONSHIP BETWEEN COMPREHENSIVE PLANS AND ZONING

Preparation of a comprehensive plan typically precedes the adoption of zoning controls. Comprehensive plans essentially serve as "guides" or "blueprints," with little regulatory force or effect. Coffey v. City of Walla Walla, 145 Wn.App. 435, 439, 187 P.3d 272 (2008); see also Citizens for Mount VeVernon vCity of Mount Vernon, 133 Wn.2d 861, 873-74, 947 P.2d 1208 (1997).

Although comprehensive plans do not directly regulate site-specific land use decisions, they do establish principles and policies that are implemented through zoning and other development regulations. Viking Props., Inc. v. Holm, 155 Wn.2d 112, 126, 118 P.3d 322 (2005). The GMA and 1990 amendments to each of the earlier zoning enabling acts make clear that a local government's zoning regulations may not be inconsistent with its comprehensive plan. Woods v. Kittitas Cnty., 162 Wn.2d 597, 613, 174 P.3d 25(2007) (GMA development regulations must be consistent with and sufficient in scope to carry out the goals set forth in the comprehensive plan); see also RCW 36.70A.040 (GMA); RCW 35.63.125 (Planning Commissions Act); RCW 35A.63.105 (Optional Municipal Code); RCW 36.70.545(Planning Enabling Act). A development regulation need not strictly adhere, but must "generally conform," to the comprehensive plan. Spokane Cnty. v. GMHB, 176 Wn.App. 555, 575, 309 P.3d 673 (2013).

Although consistency with the comprehensive plan is the statutory standard for official controls, it is the local government's adopted development regulations that control individual land use decisions, even if such regulations are inconsistent with comprehensive plan language. When, for example, a newly adopted comprehensive plan provides for a particular type of use in an area, but the zoning code has not been updated to allow such a use, an application for the use would be denied, as the zoning regulations prevail. Citizens for Mount Vernon, 133 Wn.2d 861. Courts will resolve conflicts between a jurisdiction's comprehensive plan and its specific zoning regulations in favor of the zoning regulations. Chinn v. City of Spokane, 173 Wn.App. 89, 102, 293 P.3d 401 (2013). By the same token, if a comprehensive plan prohibits a particular use but the zoning code permits it, the use would be permitted. Weyerhaeuser v. Pierce Cnty., 124 Wn.2d 26, 43, 873 P.2d 498 (1994); see also Deer Creek Developers, LLC v. Spokane Cnty., 157 Wn.App. 1, 18, 236 P.3d 906...