§ 105. Rules of Interpretation.

In the interpretation of the language of this Land Development Code, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the Board.

105.1.   Generally.

A.

All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the Board may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this State for the same terms. The terms used in this Code are intended for use with this Code only and may not apply to other codes or regulations. When a Section number within this Code is referred to, then all Subsections shall apply.

B.

In the interpretation and application of any provision of these regulations, the provision shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Land Development Code imposes greater restrictions upon the subject matter than a general provision imposed by another provision of these regulations or other County ordinance, unless stated otherwise the provision imposing the greater restriction or regulation shall be deemed to be controlling. References to Statutes in this Code are deemed to include successive and replacement regulations.

C.

It is not the intent of this Code to interfere with, abrogate or annul any order of a court of competent jurisdiction, statute, or other provision of law. Further, this Code is not intended to abrogate any legally enforceable easement, covenant, or any other private agreement, or restriction; provided that where the provisions of this Code are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this Code shall govern.

105.2.   Computation of Time.

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday recognized by the Board, that day shall be excluded. The next regular business day shall then be considered the last day.

105.3.   Delegation of Authority.

Whenever a provision of this Code requires any County officer or employee to do some act or perform some duty, this Code shall 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.

Whenever the Code refers to any specific County department or other agency to do some act or perform some duty, this Code shall be construed to allow the performance of such act or duty by the department or its successor that normally performs such act or duty.

In the instance of a conflicting delegation, the County Administrator shall designate the department, County Officer or employee responsible for such act or duty.

105.4.   Gender.

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

105.5.   Non-Technical and Technical Words.

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning of law shall be construed and understood according to such meaning.

105.6.   Number.

A word importing the singular number may extend and be applied to several persons and things as well as to one person and thing. The use of a plural number shall be deemed to include any single person or thing.

105.7.   Shall, May.

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

105.8.   Tense.

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

105.9.   Written or 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.

105.10.   Year.

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

105.11.   Boundaries of Transportation Construction Districts.

Any road used as a boundary of a transportation construction district may be considered within any district it bounds for the purpose of using the transportation impact fees.

105.12.   Used For.

For the purposes of administration and enforcement of Chapter 11 (Impact Fees) of this Code, the phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."

105.13.   Connected Terms.

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

A.

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

B.

"Or" indicates that the connected terms, conditions, provisions or event may apply singularly and in any combination.

C.

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

105.14.   References to Other Laws.

References to applicable laws such as Florida Statutes, the Florida Administrative Code, the United States Code, and to provisions of this Code or the County's Code of Ordinances shall include all amendments and successor provisions thereto.