§ 78-5. Rules of interpretation.

(a)

Generally. In the interpretation and application of this chapter all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the objectives and purposes of the city; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

Responsibility for interpretation. If any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this chapter, the chief zoning official, or designee, shall be responsible for interpretation and shall look to the comprehensive plan for guidance. Responsibility for interpretation by such official shall be limited to standards, regulations and requirements of this chapter, but shall not be construed to include interpretation of any technical codes adopted by reference in these land development regulations, nor be construed as overriding the responsibilities given to any council, board or official named in other sections or articles of this chapter.

(c)

Rules of construction. The language used in this chapter shall be interpreted according to the following rules unless that interpretation would be inconsistent with the manifest intent of the city council.

(1)

Computation of time. The time within which an act is to be done shall be computed by consecutive calendar days excluding Saturdays, Sundays or legal holidays.

(2)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other city 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 provision or section specify otherwise.

(3)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(4)

Number. Words in the singular shall include the plural and words in the plural shall include the singular.

(5)

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

(6)

Tense. Words used in the past or present tense include the future as well as the past or present.

(7)

Written, 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.

(8)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(9)

Day. The word "day" shall mean a calendar day, unless a working day is indicated.

(10)

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

a.

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

b.

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

c.

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

(Ord. of 9-25-06)