Revised Code of Washington

Wash. Rev. Code § 36.70.810 (2026)

✓ current as of May 2026

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The board of adjustment, subject to appropriate conditions and safeguards as provided by the zoning ordinance or the ordinance establishing the board of adjustment, if there be such, shall hear and decide:

(1) Applications for conditional uses or other permits when the zoning ordinance sets forth the specific uses to be made subject to conditional use permits and establishes criteria for determining the conditions to be imposed;

(2) Application for variances from the terms of the zoning ordinance: PROVIDED, That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply;

(a) because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;

(b) that the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.

(3) Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this chapter or any ordinance adopted pursuant to it.

[ 1963 c 4 s 36.70.810. Prior: 1959 c 201 s 81.]

Notes of Decisions

Cited in 10 cases, 1968–1986 · leading case: Messer v. Snohomish Cnty. Bd. of Adjustment, 578 P.2d 50 (Wash. Ct. App. 1978).

Sort: Relevance Newest Treatment

Messer v. Snohomish Cnty. Bd. of Adjustment, 578 P.2d 50 (Wash. Ct. App. 1978). · cites it 8× “RCW 36.70.810. Where the office of zoning adjustor is also established, the same powers, duties and procedures which apply to the *785 board of adjustment apply to the zoning adjustor.”

Keller v. City of Bellingham, 578 P.2d 881 (Wash. Ct. App. 1978). “201; RCW 36.70.810; RCW 36.70.820. The petitioners made no attempt to comply with the administrative procedures established by the zoning ordinance.”

Bartz v. Bd. of Adjustment, 492 P.2d 1374 (Wash. 1972). “RCW 36.70.810 provides: The board of adjustment, subject to appropriate conditions and safeguards as provided by the zoning ordinance or the ordinance estabhshing the board of adjustment, if there be such, shall hear and decide: (1) Applications for conditional uses or other…”

Ling v. Whatcom Cnty. Bd. of Adjustment, 585 P.2d 815 (Wash. Ct. App. 1978). “The granting of variances by the Whatcom County Board of Adjustment is governed by RCW 36.70.810, "Board of adjustment — Authority", and Whatcom County Code 2.”

St. Clair v. Skagit Cnty., 715 P.2d 165 (Wash. Ct. App. 1986). · cites it 5× “The Superior Court based its ruling upon the provisions of RCW 36.70.810(2) and Skagit County Code 14.”

Beach v. Bd. of Adjustment of Snohomish Cty., 438 P.2d 617 (Wash. 1968). “16, to which the former statutes refer. [1] County boards of adjustment, organized pursuant to RCW 36.”

Beach v. Bd. of Adjustment, 438 P.2d 617 (Wash. 1968). “County boards of adjustment, organized pursuant to RCW 36.”

Johnston v. Grays Harbor Cnty. Bd. of Adjustment, 541 P.2d 1232 (Wash. Ct. App. 1975). “810, the board of adjustment shall set the time and place for a public hearing on such matter, and written notice thereof shall be addressed through the *382 United States mail to all property owners of record within a radius of three hundred feet of the exterior boundaries of…”

Sherwood v. Grant Cnty., 40 Wash. App. 496 (Wash. Ct. App. 1985). “That the granting of the variance will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to the property or improvements in the…”

Bartz v. Bd. of Adjustment, 487 P.2d 782 (Wash. Ct. App. 1971). · cites it 3× “030, 1 allowing the granting of a permit for the expansion of a nonconforming use, is a proper extension of the *499 authority granted boards of adjustment under RCW 36.70.810. 2 We answer in the negative.”

— Wash. Rev. Code § 36.70.810(1) — 2 cases

Messer v. Snohomish Cnty. Bd. of Adjustment, 578 P.2d 50 (Wash. Ct. App. 1978). “RCW 36.70.810. Where the office of zoning adjustor is also established, the same powers, duties and procedures which apply to the *785 board of adjustment apply to the zoning adjustor.”

Bartz v. Bd. of Adjustment, 487 P.2d 782 (Wash. Ct. App. 1971). “030, 1 allowing the granting of a permit for the expansion of a nonconforming use, is a proper extension of the *499 authority granted boards of adjustment under RCW 36.70.810. 2 We answer in the negative.”

— Wash. Rev. Code § 36.70.810(2) — 1 case

St. Clair v. Skagit Cnty., 715 P.2d 165 (Wash. Ct. App. 1986). “The Superior Court based its ruling upon the provisions of RCW 36.70.810(2) and Skagit County Code 14.”

— Wash. Rev. Code § 36.70.810(2)(a) — 1 case

St. Clair v. Skagit Cnty., 715 P.2d 165 (Wash. Ct. App. 1986). “The Superior Court based its ruling upon the provisions of RCW 36.70.810(2) and Skagit County Code 14.”

— Wash. Rev. Code § 36.70.810(3) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.