265 Conn. 376 | Conn. | 2003
Opinion
The defendants, Enfield Shade Tobacco, LLC, (Enfield Shade), Alexander K. Chickosky, Henry A. Maturo and Constance B. Talarski,
The following facts and procedural history are relevant to the resolution of both issues in this appeal. The town is a municipality that has duly adopted a zoning map and a zoning ordinance in accordance with General Statutes § 8-2.
Maturo and Talarski leased their parcels to Enfield Shade for the purposes of farming tobacco. On numerous occasions in June and July, 2001, Enfield Shade operated a helicopter on the Maturo parcels and
The plaintiffs brought the present action seeking to enjoin the defendants from launching or landing a helicopter on properties in the town.
I
The defendants first claim that the trial court improperly construed the town’s zoning ordinance as barring the launching and landing of a helicopter in a residential zone. Specifically, they claim that a helicopter used for
“[Z]oning regulations are local legislative enactments; see Spero v. Zoning Board of Appeals, 217 Conn. 435, 441, 586 A.2d 590 (1991); and, therefore, their interpretation is governed by the same principles that apply to the construction of statutes. See, e.g., Smith v. Zoning Board of Appeals, 227 Conn. 71, 89, 629 A.2d 1089 (1993), cert. denied, 510 U.S. 1164, 114 S. Ct. 1190, 127 L. Ed. 2d 540 (1994); Double I Ltd. Partnership v. Plan & Zoning Commission, [218 Conn. 65, 73, 588 A.2d 624 (1991)]. Thus, in construing [zoning] regulations, our function is to determine the expressed legislative intent. E.g., McCrann v. Town Plan & Zoning Commission, 161 Conn. 65, 73, 282 A.2d 900 (1971); see Smith v. Zoning Board of Appeals, supra, 87. Moreover, [zoning] regulations must be interpreted in accordance with the principle that a reasonable and rational result was intended; e.g., Fullerton v. Dept. of Revenue Services, [245 Conn. 601, 612, 714 A.2d 1203 (1998)]; and the words employed therein are to be given their commonly
We begin our analysis with the plain language of the provisions of the town’s zoning ordinance governing permitted uses in a residential zone. Chapter 9 of the town’s zoning ordinance, which sets forth the permitted uses within the town’s residential zones, begins with the prefatory statement that “[t]he following . . . uses are permitted in One Family Residence Districts.” Enfield Zoning Ordinance, c. 9, § 9-1. We construe the subsections of chapter 9 as representing the exclusive list of permitted uses in a residential zone because chapter 3, § 3-1.1 of the Enfield zoning ordinance provides in relevant part that “[n]o building, structure, or premises shall be used or occupied . . . except in conformity with the regulations herein specified for the district in which it is located.” All uses that are not expressly permitted, therefore, are prohibited uses. The launching or landing of a helicopter is not among the permitted uses and, therefore, is prohibited in a residential zone under chapter 9 of the town’s zoning ordinance.
The defendants rely on two provisions of the town’s zoning ordinance, § 9-1.10 (a) and (d), in support of their claims. Bona fide farming operations, which are permitted in the R-44 zone, are defined as “[agriculture, forestry, truck and nursery gardening greenhouses, livestock and poultry raising and dairy farming . . . .” Enfield Zoning Ordinance, c. 9, § 9-1.10 (a). The defendants contend that launching and landing a helicopter to spray pesticides on crops falls within the meaning of “agriculture” as that word is defined in General Stat
We reject both of these claims. As we previously concluded herein, § 3-1.1 of the Enfield zoning ordinance prohibits all uses that are not expressly permitted. While spraying crops with pesticides from the air might come within the broad definition of agriculture found in the ordinance and § 1-1 (q) of our General Statutes, we cannot conclude that launching and landing a helicopter, activities that implicate significant noise and safety considerations, are permitted implicitly in a residential zone. Our conclusion is supported by the fact that the ordinance permits a heliport in an industrial zone provided that a special permit is obtained. Enfield Zoning Ordinance, c. 12, § 12-3.1.11. There is no similar provision in chapter 9 of the town’s zoning ordinance regarding residential zones.
The defendants next claim that the trial court improperly determined that the defendants were operating a “heliport” on industrially zoned property, and that a special permit therefore was required in order to make such use lawful. Specifically, the defendants, relying on a definition of heliport found in General Statutes § 15-34 (27),
As we previously have stated herein, our review of the defendants’ legal claim is plenary. We begin our analysis with chapter 12 of the town’s zoning ordinance, which governs permitted uses of land within the town’s industrial zones. Section 12-3.1 of the Enfield zoning ordinance provides in relevant part: “Uses specified in Sections 12-3.1.1 through 12-3.1.12 below may be permitted in accordance with the provisions of Chapter 16 [relating to special permits] . . . and all other uses are expressly prohibited.” Section 12-3.1.11 of the Enfield zoning ordinance expressly allows for heliport use in an industrial zone, provided, however, that a special permit is obtained in accordance with chapter 16 of the ordinance. The ordinance, however, does not further define “heliport.”
General Statutes § 15-34 (27), on which the defendants rely, is codified in chapter 266 of our statutes,
Moreover, application of the statutory definition of heliport would lead to the result that the town intended to require a special permit for helicopter landings and launchings only when the helicopter used an “area of defined dimensions”; General Statutes § 15-34 (27); and not when, as in the present case, the helicopter landed and took off wherever convenient to accomplish its purposes. The landing and launching of a helicopter clearly raises issues of public safety. We conclude that the defendants’ interpretation of the town’s zoning ordinance using the statutory definition of heliport would not lead to a reasonable and rational result given those issues of public safety. In addition, under the interpretation espoused by the defendants, the special permit requirement of chapter 16 of the zoning ordinance easily could be avoided by failing to designate a marked area of defined dimension for the helicopter’s landing and launching.
We conclude that the trial court properly applied a commonly approved meaning of heliport as found in the dictionary. Webster’s Third New International Dictionary defines a heliport as “a landing and takeoff place for a helicopter . . . .” Such a broad definition is consonant with appropriate regulation of an activity that poses a threat to public safety. Section 16-7 of the Enfield zoning ordinance provides in relevant part that
Furthermore, the dictionary definition of heliport is in accord with the interpretation proffered by the plaintiffs, one of whom is the town’s zoning enforcement officer. “Ordinarily, this court affords deference to the construction of a statute applied by the administrative agency empowered by law to carry out the statute’s purposes. ... A court that is faced with two equally plausible interpretations of regulatory language, however, properly may give deference to the construction of that language adopted by the agency charged with enforcement of the regulation.” (Citations omitted; internal quotation marks omitted.) Wood v. Zoning Board of Appeals, supra, 258 Conn. 698-99.
The judgment is affirmed.
In this opinion the other justices concurred.
Enfield Shade is a grower of tobacco and Alexander K. Chickosky is Enfield Shade’s president Constance B. Talarski and Henry Allen Maturo are two property owners who have leased parcels of land to Enfield Shade for the purpose of growing tobacco.
General Statutes § 8-2 (a) provides in relevant part: “The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality, the height, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes . . . .”
General Statutes § 8-12 provides in relevant part: “If any building or structure has been erected, constructed, altered, converted or maintained, or any building, structure or land has been used, in violation of any provision of this chapter or of any bylaw, ordinance, rule or regulation made under authority conferred hereby, any official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. . . .”
In their complaint, the plaintiffs also sought damages, fines, attorney’s fees and other relief that is not at issue in this appeal.
The defendants appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.
We understand the defendants to equate the term “use” of a helicopter with “launching and landing” it. The plaintiffs have not sought to stop the use of the helicopter for spraying crops, only the landing and launching of it on the Maturo parcels and the Talarski parcel.
General Statutes § 1-1 (q) provides in relevant part: “Except as otherwise specifically defined, the words ‘agriculture’ and ‘farming’ shall include cultivation of the soil . . . raising or harvesting any agricultural or horticultural commodity . . . the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment . . . [and] the production or harvesting of . . . any agricultural commodity . . . .”
During oral argument in this court, the defendants abandoned any claim that the use of the helicopter was a legal accessory use of afarming operation.
General Statutes § 15-34 (27) provides: “ ‘Heliport’ means an area of defined dimensions, either at ground level or elevated on a structure, designated for the landing and take off of helicopters, which may be restricted solely for that purpose.”