§ 101-2. Rules of Construction.

In the construction 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 BOCC as expressed in the Monroe County Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and F.S. Ch. 380. The rules of construction and definitions set out herein shall not be applied to any section of these regulations that shall contain any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto.

(1)

Generally.  

a.

All provisions, terms, phrases and expressions contained in this Land Development Code shall be liberally construed in order that the true intent a nd meaning of the BOCC may be fully carried out. Terms used in this Land Development Code, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of Florida for the same terms.

b.

In the interpretation and application of any provision of this Land Development Code, it 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 this Code or another provision of this Land Development Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(2)

Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last day; if the last day is a Saturday, or a Sunday or a legal holiday, that day shall be excluded. However, when a hearing of the board of county commissioners or planning commission is required by these regulations to be held at a site certain, and within a certain time period, and the meeting schedule of either the board or commission makes it impossible to meet both the site and time requirements without scheduling a special meeting, then the hearing shall be set for the next regularly scheduled meeting at the required site without regard to the required time period.

(3)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(4)

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

(5)

Month. The term "month" means a calendar month.

(6)

Nontechnical 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 in law shall be construed and understood according to such meaning.

(7)

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

(8)

Usage of shall and may. The word "shall" is mandatory and the word "may" is permissive.

(9)

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

(10)

Week. The term "week" shall be construed to mean seven days.

(11)

Written; 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.

(12)

Year. The term "year" means a calendar year, unless a fiscal year is indicated.

(13)

Boundaries. Interpretations regarding boundaries of land use (zoning) districts on the land use district map shall be made in accordance with the following, as partially illustrated in this section in the figure entitled Interpretation of Boundaries:

a.

Boundaries shown as following or approximately following any road shall be construed as following the centerline of the road.

b.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

c.

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

d.

Boundaries shown as following or approximately following the shorelines of any key or other island shall be construed as following the mean high-water line of such island or key. In many instances, the boundary lines have been intentionally drawn seaward of the shoreline so that the shoreline itself will be visible.

e.

All islands without a specific land use designation shall be considered zoned as Offshore Island (OS) whether they are labeled as OS, unlabeled, not shown on these maps, or lie beyond the areas covered by these maps.

f.

Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in subsection (13) of this section shall be construed to be parallel to such features and at such distances therefrom as are shown on the map.

Interpretation of Boundaries

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)