In re Nott
| Decision Date | 23 October 2002 |
| Docket Number | No. 02-040.,02-040. |
| Citation | 811 A.2d 210 |
| Court | Vermont Supreme Court |
| Parties | In re Appeal of Raymond NOTT. (Town of Hartford, Appellant). |
Present AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.
This is a dispute over the construction of a local zoning ordinance pertaining to the operation of a home business. Town of Hartford (the "Town") appeals from a ruling of the environmental court holding that § 3-12.2 of the Hartford Zoning Regulations requires that "no more than three employees who are not full-time residents of the dwelling shall be employed at the dwelling." The Town argues that the environmental court's interpretation of § 3-12.2 is clearly erroneous, based on the plain meaning of the ordinance. Appellee Raymond Nott argues to the contrary, and further challenges the zoning ordinance as violative of the Vermont Planning and Development Act, the Vermont Constitution, and the United States Constitution. We affirm.
Raymond Nott is the owner of a 90-acre parcel of land in the Rural Lands 5 ("RL-5") zoning district of the Town. Nott lives on the site and operates an excavation business from his home. The business consists of building roads, digging cellar holes, installing septic systems, and plowing snow. The business currently employs seven people, none of whom live on the premises. These employees come to the site only as necessary to pick up equipment and receive instructions.
Nott applied for a conditional use approval for approval to operate his business out of his home. On May 26, 2000, the Hartford Zoning Board of Adjustment ("ZBA") granted Nott's request, subject to a number of conditions. Condition 2 provided that "[n]o more than three persons may be employed by the business in compliance with section 3-12.2 of the Zoning Regulations." On June 20, 2000, Nott appealed this decision to the environmental court, challenging the ZBA's interpretation of § 3-12.2, as well as the legality of the Town's interpretation of that section. On August 9, 2001, the environmental court granted a motion for summary judgment filed by Nott, holding § 3-12.2 to mean that "no more than three employees who are not full-time residents of the dwelling shall be employed at the dwelling."
The court asked the parties to attempt to stipulate to language altering the original conditions of approval. After the parties were unable to agree upon a stipulation, the Town filed a motion to amend the conditional use approval on November 19, 2001, to which Nott filed a memorandum in opposition. The parties apparently abandoned any effort to amend condition 2 and agreed on the following language for a new condition 3:
No more than ten round trips of vehicles may occur in any day to the property for business purposes, allocated as four round trips by [Nott] and a total of six round trips for the total of [Nott's] employees. All employee trips are confined to the business hours articulated in Finding of Fact # 15: 6:30 a.m to 6:00 p.m., Monday through Sunday, except during a winter snowstorm. Any vehicle driven by an employee, whether personal or business, shall be included in the calculation of the six round trips allowed per day.
Nott, however, objected to the following fourth line suggested by the Town: "Any vehicle driven by [Nott] other than a car or pick-up truck will be considered to be for business purposes and included in the four round trips per day." On December 17, 2001, the court issued an entry order deciding the disputed language in favor of Nott. This appeal followed.
The Town challenges the environmental court's decision on the grounds that its interpretation of § 3-12.2 of the Hartford Zoning Regulations is clearly erroneous, as the plain meaning of the ordinance limits the total number of employees of a home industry to three, regardless of whether the employees work at or out of the home site.
These positions are to be evaluated under a limited standard of review. This Court will overturn the environmental court's construction of a zoning ordinance only if it is clearly erroneous, arbitrary, or capricious. Houston v. Town of Waitsfield, 162 Vt. 476, 479, 648 A.2d 864, 865 (1994). We will construe a zoning ordinance using the same rules as in the construction of a statute: words are construed according to their plain and ordinary meaning, and the whole of the ordinance is considered in order to try to give effect to every part. In re Vt. Nat'l Bank, 157 Vt. 306, 312, 597 A.2d 317, 320 (1...
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