(a) Conflict of laws. In their interpretation and application, the provisions of this Development Code shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Development Code are more or less restrictive than the requirement of any other lawfully adopted rules, regulations or ordinances, including any applicable state or federal regulations, the more restrictive regulation or the regulation imposing the higher standards shall govern.
(b) Meanings and intent. All provisions, terms, phrases, and expressions contained in this Development Code shall be construed according to the stated purposes in this Development Code. All provisions, terms, phrases, and expressions contained in this Development Code shall be construed according to the general purposes set forth in § 9-4-30 and the specific purpose statements set forth throughout this Development Code. The stated purpose in a specific Section of this Development Code shall control over the general purposes stated in § 9-4-30 to the extent of any conflict in the stated purposes.
(c) Headings, illustrations and text. In the event of a conflict or inconsistency between the text of this Development Code and any heading, caption, figure, illustration, table, or map, the text shall control.
(d) 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 shall not be interpreted as exhaustive lists of all possibilities or requirements.
(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) Delegation of authority. Any act authorized by this Development Code to be carried out by a specific official of the City may be carried out by a designee of such official. The Board of Trustees, in open session, shall be authorized to carry out any act or designate any official to carry out any act authorized by this Development Code.
(g) Technical and nontechnical terms. Words and phrases not otherwise defined in this Development Code shall be construed according to the common and approved usage of the language. Technical words and phrases not otherwise defined in this Chapter which may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning. The most recent version of Webster's Dictionary or the most recent version of Black's Law Dictionary may be used to interpret the definition of a word or phrase not defined in this Development Code.
(h) Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Creede unless otherwise indicated.
(i) Mandatory and discretionary terms. The words "shall," "must," or "will" are always mandatory, and the words "may" or "should" are always discretionary.
(j) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items, provisions, or events shall apply; and
(2) "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.
(k) Tenses and plurals. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural and the plural shall include the singular.
(l) Relationship to third-party agreement. The Development Code is not intended to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of private agreements or restrictive covenants running with land. Where the Development Code imposes a greater restriction than that of any other law, contract, or deed, the provisions of the Development Code shall control. Nothing in the Development Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with the Development Code. In no case shall the City be obligated to enforce the provisions of any easement, covenants or agreements between private parties.
(m) Authority of City Manager to interpret. The City Manager, or his or her designee, has authority to render an interpretation or usage of terms used in this Development Code as applied to a specific development applications or activity or where such term or phrase is not defined in this Development Code. The City Manager shall use the rules of interpretation set forth in this Section and shall render interpretations in writing upon request. The written interpretation of the City Manager may be appealed to the Board of Adjustment in accordance with § 9-3-140, Appeal.
(Ord. 395 §3, 2016)