In Re the Conditional Use Permit Granted to Van Zanten

SABERS, Justice

(concurring in part and dissenting in part).

[¶ 26.] I concur on Issue 1, but dissent on Issue 2 because Van Zantens’ proposed hog confinement is a “feedlot” under the old ordinance.

[¶27.] The old ordinance defines “feedlot” as:

[ A] parcel of land whereon there is contained an operation of feeding or raising animals in excess of one hundred (100) animal units per acre and in excess of five hundred (500) animal units per parcel of land. Animal Unit: One (1) animal unit is equivalent to 1 beef cow, steer, feeder or beef animal; 1 horse; .7 dairy cow; 1.7 swine; 6.7 sheep; 33 hens, cockerels, capons, broilers, or ducks; and 10 geese or turkeys.

Lake County Zoning Regulations, Art. II, § 214. “The meaning of terms in a zoning regulation is a matter of law for the court.” Schrank v. Pennington County Bd., 1998 SD 108, ¶ 20, 584 N.W.2d 680, 683 (citing Cordell v. Codington County, 526 N.W.2d 115, 117 (S.D.1994)).

[¶ 28.] Van Zantens’ proposed hog confinement would be located on a parcel of land and would raise and feed in excess of 1,000 hogs. The structure would have double curtain side walls for natural ventilation.8 From April to October, the side curtains would be lowered to allow for air flow through the building. The definition of “feedlot” contained in the ordinance is broad and does not describe the type of structures involved in “an operation of feeding or raising animals.” However, it refers to fowl, such as hens, cockerels, capons, broilers, and ducks, which are normally fed and raised within some type of structure. Therefore, this “feedlot” includes a “parcel of land” which would contain “an operation of feeding or raising animals.”

[¶ 29.] Although the County passed amendments to its zoning ordinances to more specifically address the issue of hog confinements, Van Zantens’ proposed hog *867confinement is a “feedlot” under the broad definition contained in the old ordinance and cannot be built within 1,320 feet of a residence. Because the evidence establishes that the proposed site is less than 1,320 feet from the Millers’ home, Van Zantens are not entitled to a conditional use permit. Therefore, the trial court got it right, but for the wrong reason, and we should affirm. Kehn v. Hoeksema, 524 N.W.2d 879, 881 (S.D.1994).

. Mr. Van Zanten testified regarding the construction of the proposed structure:

There's 2 by 4 studs every 16 inches and then there’s a curtain that’s on the- outside of that, and the curtain is thermostatically controlled to provide the proper environment for the hogs. When the curtain is up no air can get through the building and the curtain stays down or is up from approximately October to April, so in effect there is a wall in the building from October to April.