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Brookhaven City Zoning Code

DIVISION 1

LANGUAGE AND ORDINANCE CONSTRUCTION

Sec. 27-1311. - Meanings and intent.

Words and terms expressly defined in this zoning ordinance including those defined in article XIII, division 4 have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this zoning ordinance have their ordinary dictionary meaning.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.411), 11-27-2018)

Sec. 27-1312. - Computation of time.

(a)

References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular city government working days, excluding Saturdays, Sundays and holidays observed by city government.

(b)

The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, holiday observed by city government or other day on which city offices are closed, that day is excluded.

(c)

A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.412), 11-27-2018)

Sec. 27-1313. - Tenses and usage.

(a)

Words used in the singular include the plural. The reverse is also true.

(b)

Words used in the present tense include the future tense. The reverse is also true.

(c)

The words "shall," "will," and "shall" are mandatory.

(d)

The word "may" is permissive, not mandatory or required, but the phrase "may not" means that the referenced action is expressly prohibited.

(e)

Phrases that include numbers, such as "up to x," "not more than x" and "a maximum of x" all include "x."

(f)

The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.

(g)

The words "used" and "occupied" include "intended and designed to be used or occupied."

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.413), 11-27-2018)

Sec. 27-1314. - Conjunctions.

Unless the context otherwise expressly indicates, conjunctions have the following meanings:

(1)

"And" indicates that all connected items or provisions apply; and

(2)

"Or" indicates that the connected items or provisions may apply singularly or in combination.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.414), 11-27-2018)

Sec. 27-1315. - Headings and illustrations.

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure or illustration, the text governs.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.415), 11-27-2018)

Sec. 27-1316. - Versions and citations.

All references in this zoning ordinance to other city, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance with the other specifically referenced city, state or federal regulation are no longer in effect.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.416), 11-27-2018)

Sec. 27-1317. - Lists and examples.

Unless otherwise expressly indicated, lists of examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.417), 11-27-2018)

Sec. 27-1318. - Public officials and agencies.

References in this zoning ordinance to public officials and agencies will be interpreted as follows:

(1)

References to the "city" are references to the City of Brookhaven.

(2)

References to the "city council" are references to the Brookhaven City Council.

(3)

References to the "community development director" are references to the director of the City of Brookhaven Community Development Department who is responsible for overall zoning ordinance administration and assignment of day-to-day staffing duties and responsibilities.

(4)

References to the "planning commission" are references to the City of Brookhaven Planning Commission.

(5)

References to the "board of appeals" are references to the City of City of Brookhaven Board of Appeals.

(6)

Unless otherwise expressly stated, all other employees, public officials, bodies and agencies to which references are made are those of the city or individuals or agencies legally authorized to act on behalf of the city.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.418), 11-27-2018; Ord. No. 2019-05-04, § I(Attch.), 5-28-2019)