Are amendments to the zoning code subject to initiative and referendum?
The courts in this state have indicated previously that amendments to the zoning code are not a proper subject for an initiative. See the cases of Lince v. Bremerton, 25 Wn. App. 309 (1980) and Leonard v. Bothell, 87 Wn.2d 847 (1976). Part of the rationale for these decisions is the doctrine that the powers of initiative and referendum do not apply to actions which have been delegated by the state legislature to the governing body (city council) of a city or town as opposed to the city or town as a corporate entity. RCW 35A.63.100 appears to indicate that the power to enact land use zones has been granted to the city councils in noncharter code cities. Since this is a power which has been specifically granted to the city council by the state legislature, it is not an appropriate subject for the initiative process.
