§ 2.3. Rules of Construction and Interpretation

A.

Rules of Construction. The following rules of construction shall be followed in interpreting words and terms used in this Ordinance:

1.

These regulations will be construed to achieve the purposes for which they are adopted. Interpretations shall be guided by statements of purpose.

2.

Words used in the present tense include the future.

3.

Words used in the singular number include the plural, and words used in the plural include the singular, unless the context of the particular usage clearly indicates otherwise.

4.

The word "shall" or "must" is always mandatory; the word "may" is permissive in nature, except when the context of the particular use is negative (as in "may not"); in which case it is mandatory.

5.

References to "days" will always be construed to be business days, excluding weekends and holidays, unless the context of the language clearly indicates otherwise.

6.

The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied".

7.

"Town" means the Town of Mint Hill, North Carolina.

8.

"Governing Authority," "Commissioners," or "Board of Commissioners" means the Mayor and Board of Commissioners of the Town of Mint Hill, North Carolina.

9.

"Planning Board" means the Planning Board of the Town of Mint Hill, North Carolina.

10.

"Board of Adjustment" means the Board of Adjustment of the Town of Mint Hill.

11.

"Mint Hill Planning Department," "Planning Department," or "Staff" means the "Town of Mint Hill Planning Department."

12.

"Administrator," means the person(s) administrating this Ordinance.

13.

The word "Map" or "Zoning Map" means the Official Zoning Map of the Town of Mint Hill, North Carolina.

14.

The term "zoning jurisdiction" shall also mean "planning jurisdiction" and shall refer to the geographical area in which this Ordinance has applicability.

15.

The word "person" includes a firm, association, partnership, corporation, trust, and company as well as an individual.

16.

Any word denoting gender includes the female and the male.

17.

The word "structure" shall include the word "building."

18.

The word "lot" shall include the words, "plot," "parcel," or "tract."

19.

The term "street" shall also mean "road."

20.

For purposes of this Ordinance, the "use" or "occupation" of a building or land relates to anything and everything that is done to, on, or in that building or land.

21.

The term "screening", "buffering" and "buffer" shall all mean the same and may be used interchangeably.

22.

The following acronyms may be used throughout this Ordinance:

i.

UDO - Unified Development Ordinance

ii.

NCDOT - North Carolina Department of Transportation

iii.

LUESA - Mecklenburg County's Land Use and Environmental Services Agency

iv.

PIM - Public Information Meeting

v.

CD - Conditional Zoning District

vi.

PUD-CD - Planned Unit Development

vii.

BOC - Board of Commissioners

viii.

BOA - Board of Adjustment

ix.

TRC - Technical Review Committee

x.

PCO - Post-Construction Ordinance

B.

Fractional Requirements. When any requirement of this Ordinance results in a fraction of a unit, a fraction of one-half (½) or more shall be considered a whole unit and a fraction of less than one-half (½) shall be disregarded.

C.

Text Controls Over Graphics. This Ordinance contains numerous graphics, pictures, illustrations and drawings. However, in case of conflict between the text and a graphic, picture, illustration or drawing or any other depiction, the Land Use Administrator shall determine the intent of the section.

D.

Conflicting Provisions.

1.

The provisions of this UDO shall be held to be minimum requirements. Whenever the provisions of this UDO are at variance with any other lawfully adopted rules, regulations or ordinances, the most restrictive, or those imposing the higher standards shall govern. Further, where the provisions of this Ordinance are inconsistent with those of the state or federal government, the more restrictive provisions shall apply, however those provisions will be enforced by the designated regulatory agencies.

2.

Where there is a conflict or apparent conflict between provisions of this UDO, the more restrictive provision shall control.

3.

Where it is possible to implement, administer or construe a particular provision in more than one way, it shall be implemented, administered or construed in the way that eliminates or minimizes conflicts with other provisions of this UDO.

4.

This Ordinance is not intended to interfere with, abrogate, or annul any deed restriction or other agreement between private parties. The Town and its staff shall not enforce any such private agreements.

5.

This UDO references and relies upon standards and design requirements in the Mecklenburg County Land Development Standards Manual. The Town of Mint Hill is currently in the process of developing a similar manual with standards and design requirements specific to the Town. Upon the development of such a manual (the "Town of Mint Hill Standards Manual" or whatever other name it may be given), it shall supersede and replace the Mecklenburg County Land Development Standards Manual to the extent there is a conflict.

(Ord. No. 598, 4-14-2011)