Peters v. Spearfish ETJ Planning Com'n
| Decision Date | 20 August 1997 |
| Docket Number | No. 19879,19879 |
| Citation | 567 N.W.2d 880,1997 SD 105 |
| Parties | John S. PETERS, Jerry J. Boyer, John H. Esling Trust, People for Responsible and Orderly Development of Lawrence County, Petitioners and Appellees, v. SPEARFISH ETJ PLANNING COMMISSION, Spearfish City Council and the Lawrence County Board of Commissioners, Appellees, and Spring Creek Ranch, LLC., and Landmark Realty and Development Co., Appellants. |
| Court | South Dakota Supreme Court |
Reed C. Richards of Richards and Richards, Deadwood, for appellees Peters, Boyer, Elsing Trust.
Thomas E. Brady, Spearfish, for appellants.
¶1 Landmark Realty and Development Company (Landmark) and Spring Creek Ranch appeal the trial court's construction of a zoning ordinance and its decision that the Spearfish ETJ Planning Commission (Commission), the Spearfish City Council (City) and the Lawrence County Board of Commissioners (County) exceeded their authority and jurisdiction by approving a proposed planned unit development near Spearfish, South Dakota. We affirm.
¶2 Landmark owns a 240-acre tract of land in Lawrence County, South Dakota. The land is located within the extraterritorial jurisdiction zoning area governed by the ETJ Planning Ordinances adopted by City and County and overseen by Commission. 1 Landmark's property is zoned A-1, general agriculture.
¶3 As required by the ETJ Planning Ordinances, Landmark requested Commission's approval of a planned unit development (PUD), Spring Creek Ranch, to be constructed on the tract of land at issue in this appeal. The proposed PUD consisted of fifty-five single family residence estates, three clusters of single family attached residences containing twenty units, one bed and breakfast inn with six to eight guest rooms, and three to six duplex cabin units. The remainder of the tract was designated as "green space" for developing walking, biking, and cross-country skiing trails, with at least fifty percent of the green space slated as "open space," consistent with the requirements for PUDs. Commission recommended approval of the proposed PUD and, after reviewing the request, City and County approved the same.
¶4 John S. Peters, Jerry Boyer, the John H. Esling Trust, 2 and People for Responsible and Orderly Development of Lawrence County (collectively referred to as "Petitioners") filed a petition for a writ of certiorari with the trial court alleging Commission, City and County exceeded their authority and jurisdiction in approving the proposed PUD. The trial court granted Petitioners' petition for certiorari and allowed Spring Creek Ranch to intervene in the matter. Following oral arguments, the trial court concluded the zoning ordinance on which Commission, City and County relied in approving the proposed PUD was ambiguous. It further concluded Commission, City and County exceeded their respective authority and jurisdiction by approving a development which exceeded the allowed population density. Landmark and Spring Creek Ranch appeal.
¶5 Zoning ordinances are interpreted according to the rules of statutory construction and any rules of construction included in the ordinances themselves. Cordell v. Codington County, 526 N.W.2d 115, 117 (S.D.1994). See also 83 AmJur2d Zoning and Planning § 698 (1992). The interpretation of an ordinance presents a question of law which we review de novo. See Matter of Estate of Gossman, 1996 SD 124, p 6, 555 N.W.2d 102, 104 (citing Sioux Valley Hosp. Ass'n v. State, 519 N.W.2d 334, 335 (S.D.1994); King v. John Hancock Mut. Life Ins. Co., 500 N.W.2d 619, 621 (S.D.1993)). When interpreting an ordinance, we must assume that the legislative body meant what the ordinance says and give its words and phrases plain meaning and effect. See Nilson v. Clay County, 534 N.W.2d 598, 601 (S.D.1995).
¶6 Because this matter was presented to the trial court on certiorari, our scope of review is limited to the questions of whether the inferior courts, officers, boards, and tribunals had jurisdiction and whether they have regularly pursued the authority conferred upon them. Save Centennial Valley Ass'n Inc. v. Schultz, 284 N.W.2d 452, 454 (S.D.1979). "When such courts, officers, boards, or tribunals have jurisdiction over the subject matter and of the party, their action will be sustained unless in their proceedings they did some act forbidden by law or neglected to do some act required by law." Id. (citing State v. State Board of Assessment and Equalization, 3 S.D. 338, 53 N.W. 192 (1892)).
¶7 The trial court concluded ETJ Planning Ordinance § 4.10.1 was ambiguous. It interpreted the ordinance to limit residential density for PUDs in an A-1, general agriculture district to one dwelling per forty acres. Based on this interpretation, the trial court concluded Commission, City and County exceeded their authority and jurisdiction in approving the proposed PUD. We agree.
¶8" 'A[n ordinance] or portion thereof is ambiguous when it is capable of being understood only by reasonably well-informed persons in either of two or more senses.' " In re Famous Brands, Inc., 347 N.W.2d 882, 886 (S.D.1984) (citations omitted). Ambiguity also exists when the literal meaning of legislation leads to an absurd or unreasonable conclusion. Matter of Sales Tax Refund Applications, 298 N.W.2d 799, 803 (S.D.1980). The fact the parties disagree as to the meaning to be given to an ordinance, and an appeal such as the one before us results, does not make the ordinance ambiguous per se. See Id. Words and phrases in the ordinance must be given their plain meaning and effect and, if the language is clear, certain and unambiguous, our only function is to declare the meaning of the ordinance as expressed. Appeal of AT & T Information Systems, 405 N.W.2d 24, 27 (S.D.1987).
¶9 ETJ Planning Ordinance § 4.10.1 provides:
A planned residential development, occupying three (3) acres or more shall be permitted in any A-1, PF or SRD District by special permit.
The regulations established in this section are intended to provide optional methods of land development which encourage more imaginative solutions to environmental design problems, such as cluster planning. Residential areas thus established would be characterized by a unified building and site development program, open space for recreation, and the provision for commercial, religious, educational and cultural facilities which are integrated with the treatment. In order to accomplish these objectives the customary district regulations may be modified, provided that overall population densities do not exceed the densities of specific residential districts. (Emphasis added).
¶10 Landmark and Spring Creek argue the emphasized language is unambiguous and a plain reading of the ordinance allows modification of the population density of A-1, general agriculture property to accommodate a PUD. In their brief on appeal, Petitioners argued that the emphasized language is ambiguous. However, in oral argument before this Court, Petitioners switched positions and suggested that the ordinance was unambiguous and a "plain reading" of the ordinance limits the population density of a PUD constructed on A-1, general agriculture property to one dwelling per forty acres.
¶11 Our review of ETJ Planning Ordinance § 4.10.1 indicates the ordinance is ambiguous as to the meaning of "residential districts." "Residential districts" is not defined in § 4.10.1. The term is not applied to A-1 general agriculture property anywhere in the comprehensive zoning plan other than the disputed final sentence of § 4.10.1. The only other reference to "residential districts" in the ETJ Planning Ordinances is in § 3.1.5(A) to describe suburban residential, rural residential and park-forest residential property. This reference does not pertain to or reference A-1, general agriculture property.
¶12 A plain reading of the term "residential districts" results in more than one reasonable definition and leads to more than one interpretation of ETJ Ordinance § 4.10.1. The ordinance's language indicates that the customary district regulations may be waived for a proposed PUD but overall population density requirements may not. 3 The ordinance does not make clear whether the population density for a proposed PUD is to be measured by the density governing the three districts which specifically allow PUDs (A-1, general agriculture, park forest, or suburban residential) or the three zoning districts specifically referred to as residential districts (suburban residential, rural residential, or park-forest residential) in other zoning ordinances. Absent an indication of which population density applies to a proposed PUD, the appropriate population density ranges from one dwelling per 7,500 square feet in suburban residential districts to one dwelling per forty acres in A-1, general agriculture districts, depending on the understanding of the disputed ordinance. This wide range of possible population densities allowed by the ordinance's language results in an ambiguity. Any argument that the ordinance is not ambiguous belies the reality that the plain language of the ordinance results in more than one reasonable understanding of the PUD requirements. The trial court's conclusion ETJ Ordinance § 4.10.1 was ambiguous as a matter of law was proper.
¶13 Having determined the ordinance to be ambiguous, we must now determine the proper construction to be given to it. When a term is not defined, it must be construed according to its accepted usage, and a strained, unpractical or absurd result is to be avoided. Nelson v. South Dakota State Bd. of Dentistry, 464 N.W.2d 621, 624 (S.D.1991). The intent of the zoning regulations must be ascertained and considered when construing an ordinance. See Save Centennial Valley Ass'n, Inc., 284 N.W.2d at 457. "The purpose of the zoning districts is to be gathered from the whole act, and where a word or...
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