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Providence Village City Zoning Code

§ 5

COMPLIANCE REQUIRED; INTERPRETATION; RULES OF CONSTRUCTION.

5.1 
Compliance Required
1. 
Applicability.
Compliance with the Zoning Ordinance shall apply to all land, buildings, structures or appurtenances located within the Town which are hereafter:
(1) 
Occupied,
(2) 
Used,
(3) 
Erected,
(4) 
Altered,
(5) 
Removed,
(6) 
Placed,
(7) 
Demolished, or
(8) 
Converted.
2. 
Compliance with Zoning District.
The land, buildings, structures or appurtenances described in 5.1(1) above shall be in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per this Ordinance.
5.2 
Interpretation
1. 
Restrictiveness.
Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern.
2. 
Abrogation.
The provisions of these regulations are not intended to abrogate any easement, covenant, restriction or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.
3. 
Cumulative Effect.
The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
4. 
Error Correction.
In the event that any property or Zoning District set forth on the Zoning District Map as provided in Subsection 4.3 Zoning District Map of this Ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented according to the following.
(a) 
Applicants -
The property owner of said tract or any member of the Town Council may submit an application to the Town Secretary to initiate the error correction process.
(b) 
Process -
The error correction shall be processed as a zoning map or text amendment according to the processes for such amendments set forth in this Ordinance.
5. 
Town Manager Authority to Interpret the Zoning Ordinance
(a) 
Unless specified within a section, the Town Manager, or a Town employee designated by the Town Manager, shall have the authority to interpret and enforce this Zoning Ordinance.
(b) 
A person aggrieved by the Town Manager’s, or Town employee’s, interpretation may appeal the interpretation to the Council.
5.3 
Rules of Construction:
The language set forth in these regulations shall be interpreted in accordance with the following rules of construction.
1. 
Number.
The singular number includes the plural and the plural the singular.
2. 
Tense.
The present tense includes the past and future tenses and the future the present.
3. 
Mandatory and Permissive Language.
The word “shall” and “must” are mandatory while the word “may” is permissive.
4. 
Gender Terms.
The masculine gender includes the feminine and neuter.
5. 
Parentheses.
Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
6. 
Conflicts.
If there is an expressed conflict:
(a) 
The text of this Ordinance controls over the charts or any other graphic display in this Ordinance; and
(b) 
The use regulations control over the district regulations in this Ordinance.
(Ordinance 2014-060-01, sec. 5, adopted 4/14/14; Ordinance 2014-060-01, sec. 5, adopted 3/9/15; Ordinance 2014-060-02, sec. 5, adopted 12/15/15; Ordinance 2014-060-03, sec. 5, adopted 5/17/16)