(A) Meanings and intent. The language of the zoning ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in Chapter 159 or other sections of this ordinance have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this ordinance have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary.
(B) Computation of time.
(1) References to "days" are to calendar days unless otherwise expressly stated. Reference to "business days" are references to “regular working days” of the City of Bethany, excluding Saturdays, Sundays and holidays observed by the City of Bethany.
(2) The time in which an act is to be completed is computed by excluding the first day and including the last "day". If the last "day" is a Saturday, Sunday, or holiday observed by the city, that "day" is excluded.
(3) A "day" concludes at the close of business (5:00 p.m.), and any materials received after that time will be considered to be have been received the following "day".
(C) Tenses and usage.
(1) Words used in the singular include the plural. The reverse is also true.
(2) Words used in the present tense include the future tense. The reverse is also true.
(3) The words "must," "will," "shall" and "may not" are mandatory.
(4) The word "may" is permissive, not mandatory or required.
(5) When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."
(6) The word "person" includes a firm, association, organization, partnership, Limited Liability Company, trust, or corporation, as well as an individual.
(7) The words "used" and "occupied" include "intended, designed or arranged to be used or occupied."
(D) Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
(1) "And" indicates that all connected items or provisions apply; and
(2) "Or" indicates that the connected items or provisions may apply singularly or in combination.
(E) Headings and illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure, or illustration, the text controls.
(F) Versions and citations. All references in this zoning ordinance to other city, county, state, or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance are no longer in effect.
(G) Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
(H) Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such a delegation.
(I) Public officials and agencies.
(1) Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made are those of the City of Bethany or individuals or agencies legally authorized to act on behalf of the City of Bethany.
(2) References in this zoning ordinance to the "city" are references to the City of Bethany.
(3) References in this zoning ordinance to the "city council" are references to the City of Bethany City Council.
(4) References in this zoning ordinance to the "planning commission" are references to the City of Bethany Planning Commission.
(5) References in this zoning ordinance to the "board of adjustment" are references to the City of Bethany Board of Adjustment.
(6) References in this zoning ordinance to the "zoning administrator" are references to the zoning administrator of the City of Bethany.
(Ord. 1974, passed 8-6-19)