A Property Owner’s Guide to Zoning Issues in Washington State
Zoning laws in Washington, which are guided by the state’s Growth Management Act (GMA), are intended to create a balance between community-wide development goals and individual property rights.
However, when your plans for your property are denied, these regulations may feel less like a balance and more like a barrier. Hurdles like proving a specific hardship to obtain a variance or meeting the detailed conditions for a special permit are common challenges for property owners.
A denial from the planning department is not always the final word, however. There are established legal pathways to seek exceptions, apply for permits, or challenge a decision that you believe is incorrect. At Dickson Frohlich Phillips Burgess, our practice focuses on helping property owners understand and work through these processes.
If you have a question about a notice you received or a permit that was denied, call us at (206) 621-1110.
Key Takeaways for Zoning Issues in Washington State
- A denial is a starting point, not a final dead end. Zoning codes include established legal pathways, such as variances, conditional use permits, and administrative appeals, to challenge a decision or request a specific exception to the rules.
- State law is actively changing local zoning rules. Recent legislation like House Bill 1110 now requires many cities to allow denser housing in single-family zones, creating new development opportunities that may not yet be reflected in outdated local codes.
- Thorough documentation is your most important tool. Before contacting city officials, gather all property-related documents, including deeds, surveys, and past permits, and take dated photos of the property to build a factual foundation for your case.
Why Zoning Rules Are More Than Just Lines on a Map
Zoning ordinances might seem like arbitrary rules that stop you from using your property the way you want. A regulation that dictates how far your new garage must be from the property line feels like nothing more than bureaucratic red tape getting in the way of your project.
But this “red tape” has the power to halt a development, costing you thousands in lost time, design fees, and construction delays. These regulations directly impact your property’s value by limiting its potential for future use. The landscape is also changing quickly. With recent statewide laws encouraging more housing density, local zoning codes are in flux, creating both new opportunities and the potential for new disputes.
What Is a Zoning Ordinance?
Think of a zoning ordinance as the local rulebook for what is built and where. It’s a city-wide blueprint that separates incompatible uses, ensuring for example, that a noisy factory is not built next to a quiet residential neighborhood. These local rules are authorized under Washington’s Planning Enabling Act.
What Are the Most Common Types of Zoning Issues You Might Face?
- Use Restrictions: You may want to run a small business from your home, but the property is located in a residential-only zone.
- Development Standards: Your architectural plans might exceed the height limit for the area, or the building’s placement does not meet setback requirements (the minimum distance a structure must be from the property line).
- Changes in Zoning: Your city could be proposing to rezone your neighborhood. This might change what you are able to do with your property in the future and could affect its value.
What Are the First Steps to Take When You Encounter a Zoning Problem?
Before you feel defeated, here is a calm, methodical way to approach the situation.
Step 1: Understand Exactly What the Issue Is
Read the notice or denial letter carefully, and then read it again. Identify the specific ordinance code that is cited and the precise reason given for the decision or violation. This document is your starting point, as it tells you exactly which rule the city believes you have broken or failed to meet.
Step 2: Gather All Your Property-Related Documents
Collect every relevant document. This includes property deeds, official surveys, original building permits, and any past correspondence you’ve had with the planning department. This paperwork creates a history of your property. It sometimes reveals that your use was legally established years ago, a concept known as a “nonconforming use.”
Step 3: Document the Current State of Your Property
Take clear, dated photographs of your property, paying special attention to the area related to the zoning issue. If the problem involves a property line, your intended building site, or other physical characteristics, visual evidence is invaluable later in the process.
Step 4: Research the Specific Ordinance
Look up the municipal or county code cited in the notice you received. Most local governments in Washington, from Seattle to smaller towns, publish their zoning codes online. While the language is dense, reading the text of the ordinance is a necessary step. Pay close attention to definitions and any listed exceptions to the rule.
Step 5: Avoid Talking to Neighbors or Officials Before You Have a Plan
It is natural to want to vent your frustration or try to immediately explain your side of the story to the planning department. Instead, hold off for now. Anything you say could be noted and potentially used to undermine your position later. The best approach is to fully understand your situation first and then communicate through a clear, strategic channel.
Step 6: Consult with an Attorney Who Handles Land Use and Zoning Matters
A law firm that handles these types of cases reviews your documents, analyzes the specific ordinance, and gives you a clear assessment of your options. Our firm handles these issues regularly and identifies pathways forward that you might not see on your own.
What Are Your Options for Resolving a Zoning Dispute?
Once you and your land use attorney understand the specifics of the problem, you can begin to explore potential solutions. Most zoning codes are not entirely rigid and have built-in mechanisms for flexibility. Here are some of the most common tools we use to help our clients resolve these issues:
Applying for a Variance
Does your property have a unique feature (such as a steep slope, an odd shape, or a protected wetland) that makes it impossible to follow the standard rules? A variance is a request for a minor exception to the rules because your property has a specific, demonstrable hardship. Simply wanting an exception is not enough and you must show that the rule impacts your property differently than it does other properties in the same zone.
The process involves filing an application, providing evidence of the hardship, and attending a public hearing. We help clients build the case by gathering the necessary evidence and presenting a clear argument that meets the legal standard for a hardship.
Obtaining a Conditional Use Permit (CUP)
Do you want to open a small daycare in a residential neighborhood or a coffee shop in a zone that is mostly for offices? Some uses are not automatically allowed in a zone but may be approved if they meet certain conditions.
A Conditional Use Permit (CUP) allows a specific use that would not otherwise be permitted, as long as it does not negatively impact the surrounding area. To obtain a CUP, you must demonstrate that your proposed use is compatible with the neighborhood and meets all of the specific conditions laid out in the ordinance, such as providing adequate parking or limiting hours of operation. We assist clients in preparing a detailed application that addresses these conditions proactively.
Challenging an Incorrect Interpretation (Administrative Appeal)
A zoning official may have misinterpreted their own code or overlooked a key fact about your property. You have the right to appeal this decision to a higher authority, such as a hearing examiner or a board of adjustment. This requires filing a formal appeal within a strict deadline.
The argument is typically a legal one, focused on why the official’s interpretation of the ordinance was incorrect as applied to your property. Our role is to build that legal argument and present it clearly and persuasively during the appeal hearing.
Rezoning Your Property
Are you a developer who sees potential for a multifamily building in an area zoned for single-family homes, especially in light of recent housing pushes? Rezoning is the process of changing the actual zoning designation of a property. This is a more difficult and political process than seeking a permit or variance because it involves amending the city’s official zoning map.
This process typically requires showing that the rezoning aligns with the city’s comprehensive plan and serves the public good. Given recent trends in Washington to increase housing density, particularly near transit, these arguments are more relevant than ever.
How Recent Washington State Zoning Reforms Might Affect Your Property
The rules for property development and use in Washington are undergoing significant changes. Actions at the state level are directly influencing what you are able to do with your property. Be aware of these shifts.
The Push for “Middle Housing” (HB 1110)
In 2023, Washington passed a major housing law, HB 1110, which requires many cities to allow denser housing types (such as duplexes, fourplexes, and townhomes) in areas previously zoned exclusively for single-family homes.
If you own a single-family lot, you may now have the right to build additional units on your property, even if your local zoning code has not yet been updated. This could present a new development opportunity. On the other hand, your neighbors might be planning similar projects, which could change the character of your street over time.
Focus on Urban Density in King County
Local jurisdictions like King County and the City of Seattle are actively updating their comprehensive plans to encourage more housing and development, particularly around transit hubs. Your property may be “upzoned,” which means it could be re-designated to allow for larger buildings or more units.
While this increases property value, it may also lead to more construction and density in your neighborhood. Staying informed about your local comprehensive plan updates is a good way to anticipate these changes.
The Bottom Line on State vs. Local Control
While most zoning decisions are still made at the local level, the state is setting new minimum requirements for what cities are required to allow. This creates confusion when old local codes conflict with new state mandates.
If you believe your project aligns with new state laws but is being denied based on an outdated local ordinance, you may have grounds for a challenge. Our firm stays current on these evolving laws to advise clients on their rights in this changing regulatory environment.
Frequently Asked Questions About Washington Zoning Laws
How long do I have to fix a zoning violation?
This depends on the specific notice you received. You are given a set timeframe, typically 15 to 30 days, to either correct the violation or file an appeal of the notice. Act within this window, as ignoring the deadline leads to fines and further legal action from the city or county.
Can I be compensated if a zoning change devalues my property?
Generally, a change in zoning that reduces a property’s value is not considered a “taking” that requires compensation from the government. However, if a new regulation denies all economically viable use of your land, it may be possible to file what is known as an inverse condemnation claim.
What is a “nonconforming use,” and can the city force me to stop?
A “nonconforming use” is a use of property that was legal when it first started but is no longer permitted under new zoning laws that have since been passed. You usually have a right to continue that use (a status also called being “grandfathered in”), but you may not be able to expand it, rebuild it if it’s destroyed, or resume it after a long period of abandonment.
My neighbor is violating a zoning ordinance. What can I do?
Report the violation to your local code enforcement office. This is the department responsible for investigating and enforcing the city or county’s ordinances. When you make a report, be prepared to provide specific details and documentation, such as photos, if possible.
How much does it cost to hire an attorney for a zoning issue?
The cost varies depending on the difficulty of your case. A straightforward consultation and letter costs less than a fully contested hearing before a zoning board or an appeal in court. At our firm, we believe in transparency. We discuss the potential costs, fees, and the overall process with you upfront so you can make an informed decision about how to proceed.
Your Property Rights Don’t End When a Zoning Dispute Begins
You may be concerned about the difficulty of the legal process or the potential for a lengthy dispute. That is where we help.
Our role at Dickson Frohlich Phillips Burgess is to manage that process for you. We work to build a strong case based on the law and the facts of your situation and present it effectively to the decision-makers involved.
For a clear evaluation of your zoning issue and your legal options, call our office today at (206) 621-1110.
