The following general rules shall apply for construing or interpreting the terms and provisions of this code.
(A) Tenses, plurals, gender and persons. Words used or defined in one tense or form shall include other tenses and derivative forms. Words used in the singular number shall include the plural number and words used in the plural shall include the singular number. The masculine gender shall include the feminine and the feminine gender shall include the masculine. The word "person" includes individuals, firms, corporations, associations, trusts and any other similar entities, including the federal government, another town, county or school district, except as exempt by law.
(B) Illustrations and photographs. Illustrations and photographs are included in this code for illustrative purposes only. In case of any difference of meaning or implication between the text of this chapter and any illustration or photograph, the text shall control.
(C) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “for example,” “including,” and “such as,” or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
(D) Computation of time. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the town. References to days are calendar days unless otherwise stated.
(E) References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.
(F) Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
(G) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: “And” indicates that all connected items, conditions, provisions or events apply; and “Or” indicates that one or more of the connected items, conditions, provisions, or events apply.
(H) Interpretations. The Zoning Administrator has final authority to determine the interpretation or usage of terms used in this development code. Any person may request an interpretation of any term by submitting a written request to the Administrator, who shall respond in writing within 30 days. The Community Development Department shall keep a public record of all interpretations and determinations on usage of terms rendered by the Administrator.
(a) The actual or projected characteristics of the activity in relationship to the stated characteristics of each use type;
(b) The relative amount of site area or floor space and equipment devoted to the activity;
(c) Relative amounts of sales from each activity;
(d) The customer type for each activity;
(e) The relative number of employees in each activity;
(f) Hours of operation;
(g) Building and site arrangement;
(h) Vehicles used with the activity;
(i) The relative number of vehicle trips generated by the use; and
(j) How the use advertises itself.
(2) Use interpretation standards.
(a) No similar use interpretation shall allow a use in a zoning district when that use is a permitted or conditional use in any other zoning district.
(b) No similar use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this code.
(c) No similar use interpretation shall permit any use in a zoning district unless the use is more similar to the uses listed for the respective zone than to permitted or conditional uses allowed in other zoning districts.
(d) If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any similar use interpretation permitting that use shall require a conditional use permit.
(3) Effect of similar use interpretation. No similar use interpretation finding a particular use to be permitted or conditionally permitted in a specific district shall authorize the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the town or other governmental agencies having jurisdiction. These permits and approvals include, but are not limited to conditional use permits, building permits, and certificates of occupancy.
(Ord. 2020-02, passed 4-13-2020)