Revised Code of Washington

Wash. Rev. Code § 35.63.080 (2026)

✓ current as of May 2026

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(1) The council or board may provide for the preparation by its commission and the adoption and enforcement of coordinated plans for the physical development of the municipality. For this purpose the council or board, in such measure as is deemed reasonably necessary or requisite in the interest of health, safety, morals, and the general welfare, upon recommendation by its commission, by general ordinances of the city or general resolution of the board, may:

(a) Regulate and restrict:

(i) The location and the use of buildings, structures, and land for residence, trade, industrial, and other purposes;

(ii) The height, number of stories, size, construction, and design of buildings and other structures;

(iii) The size of yards, courts, and other open spaces on the lot or tract;

(iv) The density of population;

(v) The setback of buildings along highways, parks, or public water frontages; and

(vi) The subdivision and development of land;

(b) Eliminate the minimum gross floor area requirements for single-family detached dwellings or reduce the requirements below the minimum performance standards and objectives contained in the state building code; and

(2) The council of a city where ordinances adopted in accordance with this section are in effect may, on the recommendation of its commission, provide for the appointment of a board of adjustment to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent and in accordance with general or specific rules therein contained.

[ 2018 c 302 s 3; 1979 ex.s. c 170 s 4; 1965 c 7 s 35.63.080. Prior: 1935 c 44 s 5; RRS s 9322-5.]

Notes:

Severability—1979 ex.s. c 170: See note following RCW 64.04.140.

Notes of Decisions

Cited in 14 cases, 1961–2019 · leading case: Duckworth v. City of Bonney Lake, 586 P.2d 860 (Wash. 1978).

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Duckworth v. City of Bonney Lake, 586 P.2d 860 (Wash. 1978). · cites it 2× “The power of the City to plan for its physical development through zoning stems from RCW 35.63.080 which provides in part: For this purpose the council .”

Rogers v. City of Toppenish, 596 P.2d 1096 (Wash. Ct. App. 1979). · cites it 2× “" RCW 35.63.080. Having decided to embark on this endeavor, the city had the statutory power to "regulate and restrict the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; .”

State Ex Rel. Stand. Mining & Dev. Corp. v. City of Auburn, 510 P.2d 647 (Wash. 1973). · cites it 2× “RCW 35.63.080 authorizes the legislative authority of the municipality to impose restrictions upon the use of land in such measure as is deemed reasonably necessary or requisite in the interest of health, safety, morals and the general welfare, upon recommendation by its…”

Convention Ctr. Coalition v. City of Seattle, 730 P.2d 636 (Wash. 1986). “RCW 35.63.080. Ordinances enacted by cities pursuant to this authority will be upheld as valid exercises of police power if they promote the public health, safety or welfare, and bear a reasonable and substantial relation to accomplishing the purpose pursued.”

Pierce v. King Cnty., 382 P.2d 628 (Wash. 1963). “Nevertheless, despite the beneficial results and the public necessity involved in the establishment of the zoning laws, they constitute a serious impairment of the right to use and enjoy property, and they do interfere with the possession thereof. Thus, as we have indicated,…”

Shelton v. City of Bellevue, 435 P.2d 949 (Wash. 1968). “) RCW 35.63.080. All regulations shall be worked out as parts of a comprehensive plan which each [planning] commission shall prepare for the physical and other generally advantageous development of the municipality .”

State Ex Rel. Gunning v. Odell, 362 P.2d 254 (Wash. 1961). “There is only a minute entry in the record? of the proceedings of the board of county commissioners, for the meeting held on February 26, 1959, which states that the board sustained the action of the planning commission in recommending the adoption of a resolution rezoning the…”

Lund v. City of Tumwater, 472 P.2d 550 (Wash. Ct. App. 1970). “The same is true of a city council which establishes or amends zoning ordinances, pursuant to RCW 35.63.080 et seq. and RCW 35.63.120. However, when a city council purports to act pursuant to its own zoning ordinance to issue special use permits, it is not legislating, but is…”

Sharninghouse v. City of Bellingham, 480 P.2d 233 (Wash. Ct. App. 1971). “2d 550 (1970) decided that an administra *202 tive body other than a board of adjustment as defined in the zoning statutes (RCW 35.63.080 et seq., and RCW 35.63-.120) may be authorized to issue such permits.”

Tekoa Constr., Inc. v. City of Seattle, 781 P.2d 1324 (Wash. Ct. App. 1989). “RCW 35.63.080. Ordinances that are enacted by the City of Seattle pursuant to this authority will be upheld as valid exercises of police power if they promote the public health, safety or welfare, and bear a reasonable and substantial relation to accomplishing the purpose…”

Evergreen State Builders, Inc. v. Pierce Cnty., 516 P.2d 775 (Wash. Ct. App. 1973). “The same is true of a city council which establishes or amends zoning ordinances, pursuant to RCW 35.63.080 et seq. and RCW 35.63.120. However, when a city council purports to act pursuant to its own zoning ordinance to issue special use permits, it is not legislating, but is…”

Bersos v. Cape George Colony Club, 484 P.2d 485 (Wash. Ct. App. 1971). “” 4 In this regard, see the analogous provision for cities and towns found in RCW 35.63.080.”

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