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The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.
12.2.1 Meanings and Intent
All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed according to the general purposes set forth in Section 1.3 and the specific purpose statements set forth throughout this Ordinance. When, in a specific section of this Ordinance, a different meaning is given for a term defined for general purposes in this Chapter 12, the specific section’s meaning and application of the term shall control.
12.2.2 Headings, Illustrations, and Text
In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.
12.2.3 Lists and Examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as “for example,” “including,” and “such as,” or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
12.2.4 Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the Town. References to days are calendar days unless otherwise stated.
12.2.5 Computation of Density
Net available density is determined by dividing the gross parcel size by the minimum lot size of the zoning district where the parcel is located, and then rounding down to the whole number. This operation yields a certain number of units per acre with no decimals.
12.2.6 References to Other Regulations/Publications
Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.
12.2.7 Delegation of Authority
Any act authorized by this Ordinance to be carried out by a specific official of the Town may be carried out by a designee of such official.
12.2.8 Technical and Non-Technical Terms
Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
12.2.9 Public Officials and Agencies
All public officials, bodies, and agencies to which references are made are those of the Town of Cary, unless otherwise indicated.
12.2.10 Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words “may” and “should” are permissive in nature.
12.2.11 Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(A) “And” indicates that all connected items, conditions, provisions or events apply; and
(B) “Or” indicates that one or more of the connected items, conditions, provisions or events apply.
12.2.12 Tenses, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance