§ 1.08.00. Rules of interpretation.  


Latest version.
  • 1.08.01.

    Generally.

    A.

    The following rules of interpretation shall apply in the administration of the ULDC:

    1.

    In the administration of the ULDC, where there is any conflict between text within the ULDC and any caption, illustration, or graphic presentation, the text shall control.

    2.

    All statements that refer to "section" means sections of this ULDC unless the statement clearly provides a citation to another document.

    3.

    More specific provisions of this ULDC shall be followed in lieu of more general provisions.

    4.

    Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply.

    5.

    In interpreting and applying the provisions of this ULDC, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the general public.

    1.08.02

    Rules for boundary interpretations It is the intent of this Unified Land Development Code that the entire area of the county, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this Unified Land Development Code. Where uncertainty exists with respect to the location of the boundaries of any zoning district in Henry County the following rules shall apply:

    A.

    District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerline.

    B.

    District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines.

    C.

    District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines.

    D.

    District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads, or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map.

    E.

    Where a district boundary line divides a lot that is in single ownership at the time of enactment of this ULDC, the district requirements for each portion of such lot shall be deemed to apply.

    F.

    In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary line paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot.

    G.

    Where zoning district boundaries are in doubt, the administrator shall make such interpretation using the appropriate scale from the official zoning map.

    H.

    All rights-of-way; not otherwise specifically designated, shall be zoned RA.

    1.08.03.

    Rules of construction.

    A.

    Words used in the present tense shall include the future tense.

    B.

    Words used in the singular number shall include the plural number, and words used in the plural number shall include the singular number.

    C.

    A word importing the masculine gender shall extend and be applied to female persons and to firms, partnerships, and corporations, as well as to male persons.

    D.

    The word "may" is always permissive and never mandatory. The word "shall" is always mandatory.

    E.

    The word "month" shall mean thirty (30) days.

    F.

    The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies both political and corporate, as well as to individuals.

    G.

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

    1.08.04.

    Computation of time. Except as required by state or federal law, or as interpreted by the courts, the time within which an act shall be done shall be computed by working days, excluding the first and including the last day. Saturdays, Sundays, and legal holidays in Henry County shall be excluded from the computation.

(Ord. No. 13-03, § I, 3-19-13)