§ 13-104. Rules of interpretation.

(a)

Interpretation and application.

(1)

Minimum requirements. The provisions of this chapter shall be construed to be the minimum required by the commission. In the interpretation and application of this chapter, all provisions shall be liberally construed in favor of the objectives and purposes of the commission and deemed neither to limit nor repeal any other powers granted under state statute.

(2)

Comprehensive plan. The language and provisions of this chapter and the comprehensive plan shall be construed in pari materia with F.S. ch. 163.3161 et seq., and definitions provided in F.S. § 163.3164 et seq. as they apply to the interpretation of this chapter are incorporated by reference as the same may from time to time be amended.

(3)

The sanctity of and the necessity of preserving private property rights shall be recognized by Sumter County and its staff and review boards.

(b)

Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this chapter, the director shall be responsible for interpretation and shall look to the comprehensive plan and to section 13-12 for guidance. Responsibility for interpretation by the development services director shall be limited to standards, regulations and requirements of this chapter, but shall not be construed to include interpretation of any technical codes adopted by reference in this chapter, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this chapter.

(c)

Computation of time.

(1)

The time within which an act is to be done shall be computed by excluding the first and including the last day and shall be extended to the next working day is the last day falls on a holiday or weekend.

(2)

Whenever a person is required to do some act the prescribed period shall commence three (3) days after the notice or paper is mailed. When the notice or paper is served by certified mail, the time period shall commence upon receipt.

(3)

Failure to strictly comply with the time rules set forth in the code shall not constitute grounds for challenge by any person of any action by Sumter County, its staff or review boards. Staff, review boards and the commission shall liberally grant continuances upon good faith requests where a time period set forth in the code is not complied with. Provided, however, this clause shall not change the time limit for appealing any decision of any authority as set forth in section 13-370 of this code.

(d)

Delegation of authority. The head of a department is authorized to delegate to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(e)

Grammar.

(1)

When not inconsistent with the context, words used in the present tense include the future, words used in the plural include the singular, and words used in the singular include the plural.

(2)

The words "shall" and "will" are always mandatory and not merely directory.

(3)

The word "should" is an advisory condition or recommended but not mandatory.

(4)

The word "may" is considered to denote a permissive condition.

(5)

The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(6)

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

(f)

Boundaries. Interpretations regarding boundaries of land use classifications, flood zones, and zoning districts shall be made in accordance with the following:

(1)

Boundaries indicated as following the centerlines of streets, highways, streams or railroads shall be construed to follow such centerlines.

(2)

Boundaries indicated as following lot lines, other property lines, city limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

(3)

Boundaries shown as following section lines, quarter-section lines or quarter-quarter section lines shall be construed as following such lines.

(4)

Boundaries indicated as following natural features, such as shorelines, shall be construed as following such features, and in the event of change in the natural feature, shall be construed to follow such change.

(5)

Where a land use classification on the future land use map divides a lot or parcel, the boundaries of each land use on the zoning map shall be determined by measurement, using the scales of the future land use map and zoning map.

(6)

Where any right-of-way is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of right-of-way added by virtue of such vacation or abandonment.

(7)

Interpretations of the location of flood zone and floodway boundaries shall be made by the floodplain administrator using the best available data including but not limited to data obtained from federal or state agencies.

(g)

Relationship of specific to general provisions. More specific provisions of this chapter shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

(h)

Measurement of distances between uses. Where this chapter requires that one (1) use be separated from another use, the measurements shall be made from the property line of the lot or parcel which is nearest. A use within a multi-tenant building shall be measured from the line of the leasehold or other space actually controlled or occupied by such use which is nearest to the other use.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15)