§ 1.08.00. Rules of interpretation.

1.08.01

Generally. In the interpretation and application of this Land Development Code all provisions shall be liberally construed in favor of the objectives and purposes of the town and deemed neither to limit nor repeal any other powers granted under state statutes.

1.08.02

Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provisions of this Land Development Code, the town manager shall be responsible for interpretation and shall look to the town comprehensive plan for guidance. Terms not otherwise defined herein shall be interpreted first by reference to the adopted comprehensive plan, if specifically defined therein; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. The particular shall control the general. In case of any difference of meaning or implication between the text of these regulations and any caption, figure, illustration, summary table, or illustrative table, the text shall control. Responsibility for interpretation by the town manager shall be limited to standards, regulations and requirements of this Land Development Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Land Development Code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Land Development Code.

1.08.03

Computation of time. The term "computation of time" means the time within which an act is to be done and shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

1.08.04

Delegation of authority. Whenever a provision appears requiring the head of a department or some other town officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provisions or section specify otherwise.

1.08.05

Gender. The term "gender" includes words importing the masculine gender and shall be construed to include the feminine and neuter. The term "include" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

1.08.06

Number; tense. Words in the singular shall include the plural and words in the plural shall include the singular. Words used in the present tense can include the future.

1.08.07

Shall, may. The term "shall" is mandatory; "may" is permissive.

1.08.08

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

1.08.09

Year. The term "year" means a calendar year, unless otherwise indicated.

1.08.10

Day. The term "day" means a working day, unless a calendar day is indicated.

1.08.11

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

(1)

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

(2)

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

(3)

Boundaries shown as following or approximately following section lines, half-section lines or quarter-section lines shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following natural features shall be construed as following such features.

1.08.12

Relationship of specific to general provisions. More specific provisions of this Land Development Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

(Ord. No. 91-6, § 3(1.08.00), 2-11-1992)