(A) Generally. The provisions of this chapter shall be held to be minimum requirements. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the more restrictive or that imposing the higher standard shall govern. The Commission shall have the authority and duty to interpret and enforce the provisions of this chapter.
(B) Interpretation of text. For the purposes of this chapter, all words, terms and expressions contained herein shall be interpreted in accordance with the following rules of construction, unless the context requires otherwise:
(1) The particular controls the general;
(2) The word SHALL is mandatory, the word MAY is permissive;
(3) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular;
(4) The words USED FOR or OCCUPIED FOR include the words INTENDED FOR, DESIGNED FOR, ARRANGED TO BE USED FOR, ERECTED FOR, CONSTRUCTED FOR, RECONSTRUCTED FOR, REPAIRED FOR, MOVED FOR, STRUCTURALLY ALTERED FOR or EXTENDED FOR THE PURPOSE OF;
(5) The word PERSON includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; and
(6) (a) Any word or term not defined herein shall be used with a meaning of common standard use.
(b) Any words, terms or phrases not defined herein, shall be construed according to their common, ordinary and accepted meaning.
(C) Map interpretation.
Where uncertainty exists as to the boundaries of zoning districts or overlay districts, as shown on the official zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of roads shall be construed to follow the lines; provided however, that where the centerline of a road as built lies outside the road line, the zoning district boundary shall be deemed to follow the centerline of the road as built;
(2) Boundaries indicated as approximately following the parcel lines shall be construed as following the parcel lines;
(3) Boundaries indicated as approximately following city limits shall be construed as following the city limits;
(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
(5) Boundaries indicated as approximately following the centerlines of rivers, acequias, ditches, reservoirs or other bodies of water shall be construed to follow the centerlines of those bodies of water;
(6) Boundaries indicated as parallel to, or extensions of, features listed in divisions (1) through (5) above shall be construed to follow those features. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
(7) 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 (1) through (5) above, the Commission shall interpret the zoning boundaries; and
(8) Where a zoning district boundary divides a parcel which was in single ownership at the date of adoption of this chapter, the Commission may, upon application by the landowner and pursuant to the process provided by § 154.061, permit readjustment of that zoning district boundary a maximum distance of 100 feet in any direction on the parcel, provided that the landowner shall demonstrate the following:
(a) The boundary readjustment is consistent with the comprehensive plan map designation existing on the parcel;
(b) The predominant zoning district includes at least 55% of the subject property, and the readjustment will not reduce in area the predominant zoning district which exists on the subject property;
(c) The boundary readjustment shall follow existing or proposed property lines, public roads or acequias; and
(d) That the boundary readjustment shall result in a single zoning district for the existing parcel or proposed parcels.
(Ord. 2004-05, passed 9-15-2004)