§ 62-804. Rules of construction.  


Latest version.
  • (a)

    The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

    (b)

    For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

    (1)

    In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

    (2)

    The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

    (3)

    Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

    (4)

    The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

    (5)

    The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

    (6)

    Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

    a.

    The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

    b.

    The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

    c.

    The term "either … or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

    (7)

    The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

    (8)

    The term "county manager" means the county manager and the county or municipal officials he may designate to carry out the administration of this division.

    (9)

    A road right-of-way used to delineate transportation impact fee district boundaries may be considered within any district it bounds.

    (10)

    The land use types listed in section 62-818 shall have the same meaning as under article VI of this chapter.

(Code 1979, § 14-204; Ord. No. 01-021, § 21, 4-4-01)