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Fox Crossing Village
City Zoning Code

ARTICLE 2

Interpretation and Construction

§ 435.2-01 General rules of construction.

A. 
Generally. In the interpretation and application of this chapter, all provisions shall be construed so the true intent and meaning of this chapter is carried out.
B. 
Minimum requirements. The interpretation and application of any provision of this chapter shall be held to be the minimum requirement adopted for the promotion of the public health, safety, and general welfare and not be deemed a limitation or repeal of any other powers granted by state statute.

§ 435.2-02 Responsibility for interpretation.

In the event a question arises concerning any provision or the application of any provision of this chapter, interpretations shall be issued consistent with Article 6 of this chapter.

§ 435.2-03 Delegation of authority.

If a provision in this chapter states that an elected official, department supervisor, or some other employee is to perform some act, such individual may designate, delegate, or authorize a subordinate to perform the act unless state law or the provision clearly prohibits such delegation.

§ 435.2-04 Internal conflicts.

More specific provisions of this chapter shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

§ 435.2-05 Use of graphics, illustrations, headings, references and statutory citations.

A. 
Purpose. Graphics, illustrations, headings, references, and statutory citations are included to improve the readability of this chapter and increase reader comprehension. Specifically, graphics and illustrations are included to help the reader visualize the meaning of the text. Headings and subheadings generally state the content of that section and are intended to help the reader quickly find information. References and statutory citations are included when the section is related to a state or local law or another section in this chapter. These are included to help the reader understand the relationship among various provisions.
B. 
Interpretation. A graphic, illustration, heading, reference, or statutory citation shall not govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision.
C. 
Effect of deficiency. Because the text controls, no provision shall be held invalid by reason of any deficiency in any graphic, illustration, heading, reference, or statutory citation.

§ 435.2-06 Interpretation of boundaries and designations for base districts.

A. 
Boundary line interpretations. Interpretations regarding boundaries of base land use districts shall be made in accordance with the following rules:
(1) 
Center lines. Boundaries shown as following, or approximately following, any easement, railroad, alley, road, street, highway, or similar feature shall be construed as following the center line of such feature.
(2) 
Property lines. Boundaries shown as following, or approximately following, any platted lot line or other property line shall be construed as following such line.
(3) 
Political boundaries. Boundaries shown as following, or approximately following, any political boundary shall be construed as following such line.
(4) 
Section lines. Boundaries shown as following, or approximately following, a section line, half-section line, or quarter-section line shall be construed as following such line.
(5) 
Natural boundaries. Boundaries shown as following, or approximately following, any natural feature, such as a stream, river, canal, other bodies of water, or topographical features, such as a watershed boundary, shall be construed as following such natural feature as verified by field inspection when necessary.
B. 
Street abandonment. In the event a public road, street, or alley is officially vacated or abandoned, the regulations applicable to the land to which it reverted shall apply to such vacated or abandoned road, street, or alley, unless otherwise provided by Village action.

§ 435.2-07 Interpretation of boundaries and designations for overlay districts.

The location of overlay district boundaries shall be as shown on the Village's Official Zoning Map, or other supplemental map.

§ 435.2-08 General rules of interpretation.

In the construction of this chapter, the following shall be observed, unless such construction would be inconsistent with the text or with the manifest intent of this chapter:
A. 
Gender. Words of the masculine gender include the feminine and neuter, and vice versa.
B. 
Singular and plural words. Words in the singular include the plural and words in the plural include the singular.
C. 
Tense. Words in the present tense include the past and future tense, and the future tense includes the present tense.
D. 
"Must," "shall" and "will." The words "must," shall" and "will" imply a mandatory condition.
E. 
"May" and "should." The words "may" and "should" imply a permissive condition.
F. 
"Includes" and "including." The words "includes" and "including" shall not limit a provision to the specific example(s) listed, but are intended to extend their meaning to all other instances or circumstances of like kind or character.
G. 
"Such as." The phrase "such as" shall not limit a provision to the specific example(s) listed, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
H. 
Conjunctions. When used at the end of a series, the word "and" indicates that all listed items apply. When the word "or" is used at the end of a series, it indicates that one or more of the listed items apply.

§ 435.2-09 Computation of time.

When a time period is specified in this chapter, the first day of the period shall be the first day after the event that triggered the time clock to start. If the last day of the time period is a Saturday, Sunday, or a legal holiday, that day shall be excluded and the time period shall be extended to the next business day.

§ 435.2-10 Calculations.

A. 
Required quantities. When a calculation is made to determine the minimum number of a required quantity (e.g., landscaping and parking spaces) and results in a fraction, the number shall be rounded up to the next whole number.
B. 
Allowable units. When a calculation is made to determine the number of dwelling units that may be allowed based on a density factor and results in a fraction, the number shall be rounded down to the next whole number.