Land Development Code :: Back to Table of Contents

Section 1201.06    Rules of Construction and Interpretation

  1. Meaning and Intent
    All provisions, terms, phrases, and expressions contained in this land development code shall be construed according to this Code's stated purpose and intent.

  2. Text
    In case of any difference of meaning or implication between the text of this Code and any heading, drawing, table, or figure, the text shall control.

  3. Computation of Time
    Periods of time defined by a number of days shall mean a number of consecutive
    calendar days, including all weekend days, holidays, and other non-business days;
    however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be
    excluded.

  4. 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 shall be construed
    as authorizing the department head or officer to delegate the responsibility to
    subordinates, unless the terms of the provision specify otherwise.

  5. Technical and Non-Technical Words
    Words and phrases not otherwise defined in this Code shall be construed according
    to the common and approved usage of the language, but technical words and
    phrases not otherwise defined in this Code that may have acquired a peculiar and
    appropriate meaning in law shall be construed and understood according to such
    meaning.

  6. Mandatory and Discretionary Terms
    The word "shall" is always mandatory, and the words "may" or "should" are always permissive.

  7. Conjunctions
    Unless the context clearly suggests the contrary, conjunctions shall be interpreted as
    follows:
    1. "And" indicates that all connected items, conditions, provisions, or events shall apply; and

    2. "Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.

  8. Tense and Usage
    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.

  9. Gender
    The masculine shall include the feminine.

  10. Interpretation of Zone District Boundaries
    Where uncertainty exists as to the boundaries of zone districts as shown on the
    Official Zoning Map, the following rules shall apply:
    1. Boundaries indicated as appearing to follow the center lines of streets or
      highways shall be construed as following such center lines;

    2. Boundaries indicated as appearing to follow platted lot lines shall be
      construed as following such platted lot lines;

    3. Boundaries indicated as appearing to follow City limits shall be construed
      as following City limits;

    4. Boundaries indicated as following railroad lines shall be construed as
      midway between the main tracks;

    5. Boundaries indicated as approximately following the center lines of
      streams or other bodies of water shall be construed as moving with the
      actual body of water and following the centerline; and

    6. When there is disagreement over the location of zone district boundaries, a
      decision on the correct location shall be rendered by the City Manager with
      an appeal from this decision made to the Board of Zoning and Building
      Appeals. In making his decision, the City Manager shall consider the rules
      set forth in this subsection, the comprehensive plan policies and map of the
      area in dispute, adjacent and surrounding land uses, and if deemed
      necessary, an inspection of the area in dispute.