NY Appellate Court Holds Zoning Board’s Interpretation of Zoning Code is Irrational and Unreasonable

This post was authored by Patrick Faivre, Touro University Jacob D. Fuchsberg Law Center

The Town’s Code Enforcement Officer found Petitioner had violated section 110-3 of the Zoning Code by parking his camper trailer within 250 feet of the side and rear property lines of his residence.

The primary issue in this case is whether the Board’s interpretation of the zoning code was irrational and unreasonable. The Court first addressed that local zoning boards generally have broad discretion, including in its interpretation of its governing code. However, the interpretation must be rational, reasonable, and consistent with the governing statute, otherwise it will not be upheld. Thus, in the subject action, the Board found Petitioner to have violated section 110-3 of the Town’s Zoning Code, which limits “[t]he number of tents, trailers, houseboats, recreational vehicles, or other portable shelters in a camp.” Furthermore, section 110-2 of the code defines a camp as “[a]ny temporary or portable shelter, such as a tent, recreational vehicle, or trailer.” There were no provisions in the code to clarify how a trailer or recreational vehicle can constitute both a “camp” (§110-2), as well as a “shelter in a camp,” (§110-3). Moreover, the code provides that “[c]amp structures” must be set back at least 250 feet from the property lines of a “camp” and defines a “structure” as “materials assembled, constructed or erected at a fixed location on the ground or attachment to something having location on the ground.” The Court reasoned that although Petitioner conceded that his trailer was within 250 feet of his property, there was no dispute that his trailer was not at a “fixed location” as it could be moved; thus, Petitioner’s trailer did not qualify as a “structure” and could not be in violation of the code.

Regardless, for Petitioner’s trailer to be deemed in violation of section 110-3, Petitioner’s property must fall within section 110-3’s definition of a “camp.” However, as previously referenced, another section of the code defines a camp as “temporary or portable shelter, such as a tent, recreational vehicle, or trailer.” Therefore, under the Board’s interpretation, the Petitioner is in violation of putting a “temporary or portable shelter, such as a tent, recreational vehicle, or trailer” (i.e., a camp), inside another “temporary or portable shelter, such as a tent, recreational vehicle, or trailer.” Ultimately, the Court held this interpretation to be irrational and unreasonable, and reversed the judgment, denied the motion, and reinstated and granted the petition.

Lemmon v Town of Scipio Zoning Board of Appeals, 216 A.D. 3d 1462 (4 Dept. 5/5/2023)