§ 6-2-1. RULES OF INTERPRETATION.

The provisions of this Ordinance shall be construed to achieve the purposes for which they are adopted. In interpreting and applying the provisions of this Ordinance, these provisions shall be held to be the minimum requirements for the promotion of public health, safety, comfort, morals, convenience, and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, building restrictions, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, rules, regulations, or permits, or by easements, covenants, building restrictions, or agreements, the provisions of this Ordinance shall govern. For the purposes of this Ordinance, the following additional rules of interpretation shall apply:

(A)

In the event of a conflict between the text of these provisions and any caption, figure, illustration, table, or map, the text of these provisions shall control.

(B)

The words "shall," "must," and "will," as used in these provisions, are mandatory and indicate an obligation to comply with the particular provisions to which they apply.

(C)

The word "may" as used in these provisions is permissive.

(D)

Words used or defined in one tense or form shall include other tenses and derivative forms.

(E)

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

(F)

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

(G)

The following regulations establish the purpose and the procedures for rounding certain measurements:

1.

Purpose: Rounding is intended to streamline the development review process.

2.

Applicability: The Zoning Ordinance requires the application of three (3) types of measurements: linear (i.e., feet and inches), area (i.e., square feet), and itemized (such as number of parking spaces and number of loading berths).

a.

Linear measurements (i.e., feet and inches) may be rounded, except those linear measurements relating to the horizontal or vertical dimensions of any parking or loading aisles, drives, driveways, modules, spaces, or stalls.

b.

Area measurements (i.e., square feet) may be rounded. However, no linear measurement (i.e., feet and inches) used to determine an area measurement shall be rounded.

c.

Itemized measurements (such as number of parking spaces and number of loading berths) shall not be rounded, except as permitted for off-street parking spaces within Section 6-16-2-12 of this Ordinance.

d.

Where a percentage of any measurement is required (such as to determine maximum permitted lot coverage, to determine the maximum permitted encroachment for a yard obstruction, or to determine whether an application for variation is major or minor), the percentage shall be applied after the rounding has occurred. Numbers resulting from applying a percentage to a linear, area, or itemized measurement shall not be rounded.

e.

In accordance with the provisions of this Subsection (G), the Zoning Administrator shall round a measurement if rounding that measurement obviates the need for an application for zoning relief; further, the Zoning Administrator shall not round a measurement if rounding that measurement creates a need for an application for zoning relief.

3.

Rules: Where rounding is permitted, it shall be accomplished in the following manner:

a.

Where linear measurements (i.e., feet and inches) are conducted to determine conformance with a standard less than or equal to five (5) feet:

(1)

Numbers ending in fractions less than one-fourth (¼) shall be rounded down to the nearest whole foot;

(2)

Numbers ending in fractions greater than or equal to one-fourth (¼) but less than three-fourths (¾) shall be rounded to the nearest one-half (½) foot; and

(3)

Numbers ending in fractions greater than or equal to three-fourths (¾) shall be rounded up to the nearest whole foot.

(4)

Examples of rounding where linear measurements are conducted to determine conformance with a standard less than or equal to five (5) feet include:

(a)

One and one-eighths (1 1/8 ) feet is rounded down to one (1) foot;

(b)

Three and three-eighths (3 3/8 ) feet is rounded up to three and one half (3½) feet;

(c)

Four and five-eighths (4 5/8 ) feet is rounded down to four and one-half (4½) feet; and

(d)

Two and three-fourths (2¾) feet is rounded up to three (3) feet.

b.

Where linear measurements (i.e., feet and inches) are conducted to determine conformance with a standard greater than five (5) feet:

(1)

numbers ending in fractions less than one-half (½) shall be rounded down to the nearest whole foot; and

(2)

Numbers ending in fractions greater than or equal to one-half (½) shall be rounded up to the nearest whole foot.

(3)

Examples of rounding where linear measurements are conducted to determine conformance with a standard greater than 5 feet include:

(a)

Nine and one-fourth (9¼) feet is rounded down to nine (9) feet;

(b)

Seven and one-half (7½) feet is rounded up to eight (8) feet; and

(c)

Eighteen and three-fourths (18¾) feet is rounded up to nineteen (19) feet.

c.

Where area measurements (i.e., square feet) are conducted:

(1)

Resulting fractions shall be dropped; and

(2)

Numbers ending in a whole number less than five (5) square feet shall be rounded down to the nearest ten (10) square feet; or

(3)

Numbers ending in a whole number greater than or equal to five (5) square feet shall be rounded up to the nearest ten (10) square feet.

(4)

Examples of rounding area measurements include:

(a)

Fourteen and one-half (14½) square feet is rounded down to ten (10) square feet;

(b)

Forty-three (43) square feet is rounded down to forty (40) square feet;

(c)

Six thousand eight hundred seventy-four (6,874) square feet is rounded down to Six thousand eight hundred seventy (6,870) square feet;

(d)

Eighty-eight and one-fourth (88¼) square feet is rounded up to ninety (90) square feet;

(e)

Seventy-five (75) square feet is rounded up to eighty (80) square feet; and

(f)

Four thousand two hundred ninety-eight (4,298) square feet is rounded up to four thousand three hundred (4,300) square feet.

(Ord. 57-0-98)