§ 23-123. Rules of construction.

For the purposes of the administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply:

(1)

In the case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The word "shall" is always mandatory and not discretionary, and the word "may" is permissive.

(3)

Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender.

(4)

The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."

(5)

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

"And" indicates that all the connected terms, conditions, provisions, or events shall apply.

b.

"Or" indicates that the connected items, conditions, provisions, or events shall apply singly or in any combination.

c.

"Either … or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(6)

The word "includes" 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.

(7)

All time periods contained within this article shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest effective date of service of such notice of impact fee statement or the date of the school board's decision in the event of an appeal.

(Ord. No. 92-28, § 1.03, 9-22-92; Ord. No. 2007-12 , §§ 1, 2, 10-23-07; Ord. No. 2011-05 , § 2, 6-7-11)