Daily Development for Thursday, March 22, 2001

ZONING AND PLANNING; COMPREHENSIVE PLAN: Zoning authority may not base denial of subdivision applications solely on violation of county's comprehensive plan's goal of preserving the agricultural character of the area, but must abide by provisions of zoning ordinance, which permitted subdivision.

Urrutia v. Blaine County, 2 P.3d 738 (Idaho 2000).

The Plaintiffs submitted a subdivision application to Blaine County in

1994. At that time the property was zoned A20 which permits single family residences on a minimum of 20 acre parcels. The Board initially approved the subdivision application and found that the application conformed with the zoning ordinances.

Ultimately, however, the Board denied the application based essentially on the Board's conclusion that the subdivision did not comply with the comprehensive plan.

The Idaho Supreme Court held that the Board erred in its reliance on the comprehensive plan alone as a basis for denying the application. It stated that a comprehensive plan and zoning ordinance are distinct concepts serving different purposes. A comprehensive plan reflects the "desirable goals and objectives, or desirable future situations" for the land within a jurisdiction.

Nevertheless, a comprehensive plan does not operate as legally controlling zoning law, but rather serves only as a guide and to advise the governmental agencies responsible for making zoning decisions.

By contrast, a zoning ordinance reflects the permitted uses allowed for various parcels within the jurisdiction.

Comment 1: Many jurisdictions are still feeling their way on the question of the appropriate relationship between long range planning and more specific zoning. Some hold that zoning necessarily must be consistent with long range planning. Other jursidictions recognize that, although the comprehensive plan may state the area's optimal aspirations, it does not necessarily describe practically attainable goals, and the real nitty gritty of land use remains in the zoning trenches.

Comment 2: Unfortunately parties desiring to invest in the development of land must know today what land use rules apply. Comprehensive plans, in general, are neither specific enough nor practical enough to provide an adequate guide. If zoning rules cannot be relied upon, development is hampered for no other reason than bureaucratic gridlock. Of course, this phenomenon has been with us since the tribal chieftan appointed his first assistant. But the "comprehensive plan" for real estate developers calls for efficient and predictable zoning decisions.

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