A. Language:
1. Terminology: When used in this title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive.
2. Number Of Days: Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Ada County holiday.
3. Minimum Requirements: When interpreting and applying the regulations of this title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this title.
4. Defined Terms: Terms defined in section 8-1A-1 of this chapter shall have their defined meanings when used elsewhere in this title. For the purpose of readability and clarity, such terms are not shown in initial caps.
5. Section Headings: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this title.
6. References: All references to state or federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time.
B. Measurements:
1. Structure height shall be measured as the vertical distance from the average contact ground level at the front wall of a building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
2. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest customer entrance of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet).
3. Illumination levels shall be measured with a calibrated photoelectric photometer or similar device capable of accurate measurement of light.
4. Noise levels shall be measured at the property line with a calibrated noise meter or similar device capable of accurate measurement of sound. See section 8-1A-2, figure 2 of this chapter.
C. District Boundaries: Where uncertainty exists about the location of any district boundary shown on the official zoning map, the following rules shall be used to resolve the uncertainty:
1. Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary.
2. Where a district boundary approximately follows a street, alley, or railroad line, such street, alley, centerline, or the extension of such line, shall be construed as the district boundary. Where a street or alley is officially vacated and that street or alley has not been given a zoning designation, the land that was formerly in the vacated street or alley shall have the same designation as the abutting property on either side of the centerline of the vacated street or alley.
3. Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline.
4. Where a district boundary does not obviously coincide with any of the above lines (property; street, alley, or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along nearest section, a quarter section, or a sixteenth section line.
D. Conflicting Regulations:
1. In case of conflict between the text and the maps of this title, the maps shall prevail.
2. If conflicts occur between different regulations of this title, or between this title and other regulations of this code, the most restrictive regulation shall apply.
3. It is not intended that this title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this title imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this title shall govern. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 772, 7-27-2011)