Lantz v. Santa Fe Extraterritorial Zoning Authority

2004 NMCA 090, 94 P.3d 817, 136 N.M. 74
CourtNew Mexico Court of Appeals
DecidedMay 13, 2004
DocketNo. 23,138, 23,143
StatusPublished
Cited by14 cases

This text of 2004 NMCA 090 (Lantz v. Santa Fe Extraterritorial Zoning Authority) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lantz v. Santa Fe Extraterritorial Zoning Authority, 2004 NMCA 090, 94 P.3d 817, 136 N.M. 74 (N.M. Ct. App. 2004).

Opinion

OPINION

FRY, J.

{1} The parties dispute the application of a zoning ordinance that places limits on nonconforming uses of land within a residential zone. Defendant Sheltered Living, Inc. (SLI) obtained administrative approval for a new modular building to be used as office space for its residential care facility, a commercial enterprise that is permitted as a nonconforming use because it predates the existence of the zoning restrictions. Plaintiffs Lee and Gloria Lantz (the Lantzes), neighbors of the facility, sought to reverse this approval on several grounds, including the theory that the new structure constituted an impermissible expansion of the non-conforming use. After two failed administrative appeals, the Lantzes appealed to the district court. The district court agreed with the Lantzes and reversed the final agency decision on the basis that the applicable zoning ordinance effectively prohibits treating a new building as an extension of a non-conforming use. We granted certiorari to consider the meaning of the disputed ordinance. We hold that the ordinance is ambiguous. We further hold that the agency decision was a reasonable interpretation of its own ordinance. See Atlixco Coalition v. Maggiore, 1998-NMCA-134, ¶ 33, 125 N.M. 786, 965 P.2d 370. Consequently, we accord deference to the agency decision and reverse the district court. BACKGROUND

{2} SLI operates a residential care facility known as the Life Healing Center (the facility). The facility is located within the boundaries of the Santa Fe County Extraterritorial Zoning District, and therefore falls under the jurisdiction of the Santa Fe County Extraterritorial Authority (EZA). In 1981, the EZA enacted the Santa Fe County Extraterritorial Zoning Ordinance (the ordinance), the interpretation of which is at the heart of this dispute.

{3} Current provisions of the ordinance restrict the area to residential use and would not permit the facility; however, because the facility lawfully existed prior to the ordinance, the facility has been grandfathered in as a legal non-conforming use. SLI submitted an application to the Santa Fe County Land Use Administrator requesting permission to add a new modular building to serve as office space for the facility. In SLI’s view, the new building was permissible under a section of the ordinance that allows the extension of legal non-conforming uses within certain limits. The administrator granted the initial approval. The Lantzes first appealed to the Extraterritorial Zoning Commission, which confirmed the administrator’s decision. The Lantzes then appealed to the EZA, which likewise found that the controlling zoning ordinance permitted the new modular building as an extension of a legal non-conforming use. Having exhausted their administrative avenues for appeal, the Lantzes sought relief in the district court under NMSA 1978, § 39-3-1.1 (1999) and Rule 1-074 NMRA 2004.

{4} Although the Lantzes raised four issues in the district court, the court’s decision rested on its interpretation of the disputed section of the ordinance that governs the extension of non-conforming use. The district court found that the EZA erroneously interpreted the ordinance as permitting a new building as an extension of a non-conforming use. Accordingly, the district court canceled SLI’s development permit. The EZA and SLI both petitioned this Court for a writ of certiorari. This Court granted the petitions and consolidated them into a single case on appeal.

DISCUSSION

{5} In reviewing the decision of an administrative agency, this Court applies the same statutorily defined standard of review as the district court. Rio Grande Chapter of the Sierra Club v. N.M. Mining Comm’n, 2003-NMSC-005, ¶ 17, 133 N.M. 97, 61 P.3d 806. Accordingly, we will not disturb a final agency decision unless it was fraudulent, arbitrary, or capricious; not supported by substantial evidence; or otherwise not in accordance with law. § 39-3-1.1(D); see also NMSA 1978, § 3-21-4(C) (1999) (providing that appeals from decisions of an extraterritorial zoning authority are taken to the district court as provided in Section 39-3-1.1). In this case, the parties’ arguments are limited to the legal question of whether the agency correctly interpreted the ordinance.

{6} The disputed provision of the Santa Fe Extraterritorial Zoning Ordinance § 8.1(B)(2) (1997) (hereinafter EZO) provides as follows:

2. A non-conforming use of land, use of structure, or non-conforming structure may be enlarged, extended, or altered provided the following conditions, as applicable, are met:
c. A non-conforming use of land may be extended or expanded by up to one half of the original land area occupied at the effective date of adoption or amendment of this Ordinance and a structure containing a non-conforming use may be enlarged or expanded by up to one half of the original floor area existing at the effective date of adoption or amendment of this Ordinance, provided, however, the intensity of the proposed extension or expansion does not increase the intensity of the non-conforming use____

Also relevant is the EZO definition of nonconforming use:

Non-conforming Use — means an activity using land, buildings, signs, and/or structures for purposes which at the time it was established fully complied with all applicable laws and Ordinances but which would not be permitted to be established as a new use in a zone in which it is located by the regulations of this Ordinance or any subsequent amendment to it.

Id. § 2.

{7} Judicial interpretation of an ordinance invokes the same rules of construction as interpretation of a statute. TBCH, Inc. v. City of Albuquerque, 117 N.M. 569, 572, 874 P.2d 30, 33 (Ct.App.1994). In this case, the relevant rules are those that our Supreme Court applied in High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998-NMSC-050, 126 N.M. 413, 970 P.2d 599. First, in the absence of some contrary indication from the enacting body, courts must look to the plain language of an ordinance and give the words their ordinary meaning. Id. ¶ 5. Where language is clear and makes sense as written, there is usually no need to employ judicial rules of construction. TBCH, Inc., 117 N.M. at 572, 874 P.2d at 33; see also Key v. Chrysler Motors Co., 121 N.M. 764, 769, 918 P.2d 350, 355 (1996) (“[C]ourts must exercise caution in applying the plain meaning rule.” (internal quotation marks and citation omitted)). Where an ordinance is ambiguous, however, courts must look beyond the plain language. TBCH, Inc., 117 N.M. at 572, 874 P.2d at 33. Because this is an administrative appeal, the second applicable rule is that we “give persuasive weight to long-standing administrative constructions of statutes by the agency charged with administering them.” High Ridge Hinkle, 1998-NMSC-050, ¶5, 126 N.M. 413, 970 P.2d 599 (internal quotation marks and citation omitted); see also W. Bluff Neighborhood Ass’n v. City of Albuquerque, 2002-NMCA-075, ¶41, 132 N.M. 433, 50 P.3d 182 (“In the face of ambiguity in a code, we ordinarily defer to how the city council, as its author, interprets that code.”), overruled on other grounds by Rio Grande Chapter of Sierra Club, 2003-NMSC-005, ¶ 16 n. 10, 133 N.M. 97, 61 P.3d 806; see also Alba v.

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Cite This Page — Counsel Stack

Bluebook (online)
2004 NMCA 090, 94 P.3d 817, 136 N.M. 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lantz-v-santa-fe-extraterritorial-zoning-authority-nmctapp-2004.