JWIC Inc. v. City of Sylvester

This appeal stems from our grant of an application for interlocutory appeal filed by the appellant, JWIC, Inc. “JWIC”. We granted the application to consider whether the trial court erred by ruling that apartments are not a permitted use in the R-OI Restricted Office-Institutional zoning district of the appellee, City of Sylvester. For the following reasons, we conclude that the trial court erred in its ruling. 1. JWIC applied for a land disturbance permit with the City for the building of a 49-unit apartment complex on property located in the City’s R-OI zoning district. JWIC contended that apartments constituted multi-family dwellings under the ordinance’s definition of that term, and that, as multi-family dwellings were a permitted use as a matter of right in the R-OI district, apartments were permitted there. The City, on the other hand, contended that apartments were not permitted in the R-OI district, but instead were only permitted in the R-M Group Development zoning district. That district is a “floating” district that does not appear on the City’s zoning map, as do its eight other zoning districts, but it permits group development in each of the ordinance’s eight actual districts by a special exception permit approved by the planning commission and the city council. The City contended that, as apartments were only mentioned in the ordinance as being permitted as part of a group development, apartments could only appear in such a district by grant of a special exception permit.

The City never issued a land disturbance permit to JWIC, prompting JWIC to bring this action for injunctive, declaratory, and mandamus relief. JWIC subsequently moved for partial summary judgment, contending that the zoning ordinance permitted apartments in the R-OI zoning district as a matter of right. The trial court denied JWIC’s motion, ruling that multi-family dwellings and apartments are not synonymous, that apartments are not a permitted use in the R-OI district as a matter of right, and that apartments are only permitted in the R-M Group Development district. The trial court certified its order for immediate review, and this Court granted an interlocutory appeal.