(a) Interpretation and application of these regulations.
(1) In the interpretation and application of this chapter, the provisions of the chapter will be construed to be the minimum requirements adopted to promote the purposes set forth in section 7-1-2.
(2) The words "shall", "must", and "will", are mandatory in nature, implying an obligation or duty to comply with the particular provision. The word "may" is permissive in nature.
(3) Except where specifically defined in this chapter, all words shall carry the standard dictionary meanings.
(4) Words used in the present tense include the future tense.
(5) Words used in the singular number include the plural number and the plural number includes the singular number unless the context of the particular usage clearly indicates otherwise.
(6) Words used in the masculine gender include the feminine gender and vice versa.
(7) Any act authorized by this chapter to be carried out by a specific official of the city is, by implication, authorized to be carried out by a designee of such official.
(b) Fractional requirements. When any requirement of this chapter results in a fraction of a unit, a fraction of one-half or more will be considered a whole unit and a fraction of less than one-half will be disregarded. When applying this requirement to the calculation of the number of units permitted on a parcel of land, the following rules shall apply:
(1) This requirement shall apply only to multi-family residential development of five units or greater, not to duplexes, triplexes, and quadraplexes on individual parcels. However, it shall apply to any multi-family residential use (including two, three, and four-unit buildings) as part of a larger multi-family residential project or mixed-use development within the NCD and UR districts.
(2) In situations where the number of dwelling units allowed on a property is a fractional number, all fractions of one-half or greater will be rounded up to the nearest number. For example, a property on which 8.4 units could be constructed will be limited to eight units, while a property on which 8.5 units could be constructed will be allowed nine units.
(3) Such projects receiving increased density under this subsection must also comply with all development standards found elsewhere in this chapter.
(c) Relation of this chapter to any pending actions. The adoption of this chapter shall not affect any action, suit, notice of violation, citation or proceeding which may be pending at the date this chapter becomes effective. All rights and liabilities that have been received or created and any violation that has occurred under any previous provisions of the Code of Ordinances of the City of Asheville which have been superseded by this chapter are still valid and may be preserved and enforced.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3208, § 1, 1-25-05)