(A) Meanings and intent. All provisions, terms, phrases and expressions contained in this chapter shall be construed according to the purpose and intent set out in § 152.002.
(B) Headings, illustrations and text. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure or illustration, the text shall control. In the event that any sections of the text appear to conflict with each other, the executive director is hereby authorized to interpret the intent of the chapter. The executive director's interpretation may be appealed to the Board.
(C) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including", "such as" or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
(D) Computation of time.
(1) General. All references to "days" are to the county working days unless otherwise expressly stated. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by the county, that day shall be excluded.
(2) Date of decision. The date of a decision or recommendation of the Commission or the Board of County Commissioners shall be the date of the public meeting or hearing at which the decision or recommendation is made. If the administrative official makes the decision, the date of the decision shall be the date specified on the property owner's notification letter in the application file.
(E) References to other regulations, publications and documents. Whenever reference is made to a resolution, ordinance, statute, regulation or document, that reference shall be construed as referring to the most recent edition of the regulation (as amended), resolution, ordinance, statute, regulation or document or to the relevant successor document, unless otherwise expressly stated.
(F) Delegation of authority. Whenever a provision appears requiring the head of a department or another officer to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
(G) Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning.
(H) Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the county, unless otherwise expressly stated. Whenever reference is made to a public official's ordinance or name of a public agency, that reference shall be construed as referring to the most up-to-date ordinance or agency name, or to the relevant successor official or agency.
(I) Mandatory and discretionary terms. The words "shall", "will" and "must" are mandatory. The words "may" and "should" are advisory and discretionary terms.
(J) 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 may 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 includes the plural and the plural includes the singular.
(L) Minimum requirements. The standards of this chapter are minimum requirements. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this chapter shall not relieve the recipient of responsibility for complying with all other applicable requirements of any other county, state or federal agency.
(M) Conflicting provisions.
(1) Conflict with state or federal regulations. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.
(2) Conflict with other local regulations. If the provisions of this chapter are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of a county, city, town or other unit of local government, the more restrictive provision will control. No text amendment, rezoning, zoning variance or condition attached to any form of development approval shall have the effect of nullifying, abrogating or diminishing the provisions of any other local ordinance.
(3) Conflict with private easements, agreements or covenants. This chapter is not intended to abrogate, annul or otherwise interfere with any private easement, agreement, covenant, restriction or other legal private relationship. The Planning Department is responsible for enforcing this chapter; it does not enforce private agreements, easements, covenants or restrictions.
(N) Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply.
(1) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow those center lines.
(2) Boundaries indicated as approximately following section lines, corporate limit lines or platted lot lines shall be construed as following those lines.
(3) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(4) Boundaries indicated as following shore lines shall be construed to follow those shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow those center lines.
(5) Boundaries indicated as parallel to or extensions of features indicated in divisions (N)(1) through (4) above shall be so construed.
(6) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (N)(1) through (5) above, the Board shall interpret the district boundaries.
(7) The vacation or relocation of right-of-way and lot lines shall not affect the location of district boundaries; provided that, whenever any right-of-way is vacated by proper authority, the districts adjoining each side of the vacation shall be extended according to the reversion rights of the abandoned right-of-way.
(8) When the precise location of a town or city corporation line is in doubt, the Commission may determine the location of the boundary as defined by the appropriate authority or jurisdiction and revise the zone maps accordingly, without conducting a public hearing. This only affects the district boundary line and not the corporate limit line.
(9) In the event of annexation of lands to a town or city, the zoning classification existing at the time of annexation shall remain until changed by amendment procedures.
(10) Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Board, upon appeal, shall interpret the applicable regulations for either portion of the lot not to exceed 50 feet beyond the district boundary line into the remaining portion of the lot.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)