DeTroia v. Schweitzer, 87 N.Y.2d 338 (1995)
A zoning ordinance’s single and separate ownership exception, designed to protect landowners from amendments that render their previously conforming property useless, should be broadly construed to include deficiencies in frontage and width, not just total square footage.
Summary
DeTroia sought a building permit for their undersized lot, arguing they were exempt from dimensional requirements due to a “single and separate ownership” clause in the zoning ordinance. The Zoning Board of Appeals (ZBA) denied the permit, interpreting the exemption to apply only to lots deficient in square footage, not width or frontage. The Court of Appeals reversed, holding that the ZBA’s narrow interpretation undermined the purpose of the exemption, which is to protect landowners from zoning amendments that render their previously conforming property unbuildable. The Court emphasized that zoning ordinances should be construed in favor of the property owner, particularly regarding single and separate ownership exceptions.
Facts
The DeTroias owned a vacant lot in Farmingdale, New York, which had been under separate ownership since 1899. The lot’s frontage and width were less than 75 feet, as required by the zoning ordinance enacted after the lot’s separate establishment. The lot exceeded the minimum square footage requirement. The DeTroias sought a building permit, claiming they were exempt from the dimensional requirements under the single and separate ownership exception in the zoning ordinance. The ordinance stated that undersized plots under single and separate ownership at the time of the ordinance adoption could be improved with buildings complying “so far as practicable” with the ordinance.
Procedural History
The Village Zoning Board of Appeals (ZBA) denied the DeTroias’ building permit application. The Supreme Court reversed the ZBA’s decision. The Appellate Division reversed the Supreme Court, finding the ZBA’s determination had a rational basis. The New York Court of Appeals reversed the Appellate Division, reinstating the Supreme Court’s judgment.
Issue(s)
- Whether the single and separate ownership exception in the Farmingdale zoning ordinance, which refers to a “plot smaller in area,” should be interpreted to apply only to lots substandard in total square footage or whether it also encompasses lots with insufficient frontage or width.
Holding
- Yes, the single and separate ownership exception should be interpreted to encompass lots with insufficient frontage or width, because a term of greater comprehension includes a lesser term, and the purpose of the exception is to protect landowners from zoning amendments that render their previously conforming property unbuildable.
Court’s Reasoning
The Court reasoned that the ZBA’s interpretation violated the principle that a broader term includes a narrower term, stating, “the reference to a ‘plot smaller in area’ (Code of Village of Farmingdale § 105-154 [emphasis supplied]) in the single and separate ownership exemption, rather than specifying an exemption based solely in terms of square feet, should be interpreted as subsuming all of the dimensional restrictions included in ‘Lot area’ under section 105-39.”
The Court also noted that the ZBA’s interpretation undermined the purpose of the single and separate ownership exemption, which is to prevent zoning ordinances from having a potentially unconstitutional confiscatory effect on long-term property owners. The Court observed that the ordinance should be interpreted to avoid objectionable, absurd, anomalous, and unjust results. It stated, “Lots rendered substandard as to width or frontage by a zoning ordinance are deprived of value in the same way as ones rendered deficient as to square footage.”
Finally, the Court cited the rule that any ambiguity in zoning regulations must be resolved in favor of the property owner, referencing Matter of Allen v Adami, 39 NY2d 275, 277. The Court concluded, “Any ambiguity in the language used in such regulations must be resolved in favor of the property owner”.