776 S.E.2d 749
S.C. Ct. App.2015Background
- Scarlet Williams converted a garage into living space and began grooming dogs at home after leaving PetSmart.
- Lexington County zoning administrator McPherson learned (via anonymous tips) Williams was operating an in-home grooming business on an RL5-zoned street.
- County Ordinance classifies “Kennels, Catteries, and Stables” to include commercial grooming and generally prohibits such uses in RL5 areas; “Home occupation” permits are allowed in RL5 but expressly exclude “animal impoundment activities (kennel).”
- The Richmond Farms HOA approved the home-based grooming business as not violating subdivision covenants.
- McPherson denied a home-occupation permit; the Lexington County BZA unanimously upheld the denial; the circuit court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the home-occupation exception allows Williams to operate a dog-grooming business at her RL5 residence | Williams: the home-occupation prohibition on "animal impoundment activities (kennel)" does not encompass grooming; ordinary meaning of "kennel" excludes grooming | County: county ordinance’s definition of kennels expressly includes grooming; read together Sections 21.10 and 21.22 prohibit grooming as a kennel activity in RL5 | Court: Affirmed — grooming falls within the ordinance’s kennel definition and is barred from home-occupation permits in RL5 |
Key Cases Cited
- Austin v. Bd. of Zoning Appeals, 362 S.C. 29 (Ct.App.2004) (standard of review for BZA factual findings and legal correctness)
- Rest. Row Assocs. v. Horry Cty., 335 S.C. 209 (1999) (courts should not substitute their judgment for zoning bodies)
- Charleston Cty. Parks & Recreation Comm’n v. Somers, 319 S.C. 65 (1995) (statutory/ordinance language controls if plain and unambiguous)
- Eagle Container Co., LLC v. Cty. of Newberry, 379 S.C. 564 (2008) (construe statutory language in context; no need for extrinsic aids if plain)
- Grant v. City of Folly Beach, 346 S.C. 74 (2001) (related statutes/ordinances on same subject should be construed together)