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Chapter 14 – Rules of Construction and Definitions

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Chapter 14 – Rules of Construction and Definitions CHAPTER 14 – RULES OF CONSTRUCTION AND DEFINITIONS GENERAL OVERVIEW • Need to include a definition of “should”. • The definition of “Quonset Hut” needs to be revised and made more specific. 1 PZC’S PROPOSED AMENDMENTS TO CHAPTER 14: RULES OF CONSTRUCTION AND DEFINITIONS Number Section Amendment Comments 1 21.14.020 J. Amend the add the following at the end of the paragraph: “The The word “should” is word “should” indicates that compliance is highly recommended used throughout the and encouraged but not mandatory.” code and needs to be defined as permissive. 2 21.14.040 Delete the definition of “Quonset hut” and substitute the following: The definition was “A prefabricated structure usually made of corrugated metal, in the overly broad and shape of a longitudinal half cylinder.” described a design style. The proposed definition is narrower, is the one used in the proposed Chapter 10 and is what is commonly understood to be a Quonset hut. 3 21.14.040 Amend the definition of Townhouse Style Structure” to read as The primary purpose of follows: “A residential building with two or more dwelling units in this amendment is to a row primarily attached at the sidewall, in which each dwelling unit provide flexibility and has its own access to the outside, and all dwelling units are separated for units that look like from one another by common fire-resistant walls.” townhouse units to be treated like townhouse units even if they have a front but no rear door, some portion of the next unit over it or a row of townhomes that form an “L” or “U”. EXCEPT FOR THE CHANGES PROPOSED HEREIN, THE PLANNING AND ZOING COMMISSION RECOMMENDS APPROVAL OF THE PROVISIONALLY ADOPTED CHAPTER 14 WITH THE 2011 ADMINISTRATION PROPOSED AMENDMENTS AND THE 2010 PZC PROPOSED AMENDMENTS. ATTACHED HERETO IS A REDLINED/BLUELINED VERSION OF CHAPTER 14 WHICH REFLECTS THE ADMINISTRATION AMENDMENTS IN RED INK AND THE PZC’S AMENDMENTS IN BLUE INK. 1 CHAPTER 21.14: RULES OF CONSTRUCTION AND DEFINITIONS 2 21.14.010 INTERPRETATIONS 3 A. General 4 The director has final authority to determine the interpretation or usage of terms used in this title, 5 pursuant to this section. Any person may request an interpretation of any term by submitting a 6 written request to the director, who shall respond in writing within 30 days. The director’s 7 interpretation shall be binding on all officers and departments of the municipality. 8 B. Record of Interpretations 9 The director shall maintain a file of all interpretations made pursuant to this subsection. 10 C. Appeal 11 Any person may appeal an interpretation by the director regarding a term used in this title to the 12 zoning board of examiners and appeals in accordance with section 21.03.050B. 13 21.14.020 RULES OF CONSTRUCTION AND INTERPRETATION 14 The following rules shall apply for construing or interpreting the terms and provisions of this chapter. 15 A. Meanings and Intent 16 All provisions, terms, phrases, and expressions contained in this title [CHAPTER] shall be 17 construed according to the general purposes set forth in section 21.01.030 and the specific 18 purpose statements set forth throughout this title [CHAPTER]. When, in a specific section of this 19 title [CHAPTER], a different meaning is given for a term defined for general purposes in this 20 chapter 21.14, the specific section’s meaning and application of the term shall control. 21 B. Purpose Statements 22 Statements of purpose or intent in this title are provided to guide interpretation and understanding 23 of the legislative intent behind the substantive regulations of this title. Purpose and intent 24 statements are not substantive requirements, but rather provide a context whereby the provisions 25 of this title are understood. 26 C. Headings, Text and Illustrations, and Text 27 1. Headings and Text 28 In the event of a conflict or inconsistency between the text of this title [CHAPTER] and 29 any heading, caption, figure, illustration, table, or map, the text shall control. 30 2. Illustrations 31 Unless otherwise indicated, illustrations in this title are provided for purposes of 32 describing, clarifying, or providing examples. Such illustrations are not to scale and do 33 not replace, limit, or expand the meaning of the text. 34 D. Lists and Examples 35 Unless otherwise specifically indicated, lists of items or examples that use terms such as “for 36 example,” “including,” and “such as,” or similar language are intended to provide examples and 37 are not exhaustive lists of all possibilities. Unless stated otherwise, a list does not imply a priority 38 or chronological order. Title 21: Land Use Planning PZC Recommendations to Public Hearing Draft from 12/14/09 – 12/12/11 Anchorage, Alaska Page 582 1 E. Computation of Time 2 The time in which an act is to be done shall be computed by excluding the first day and including 3 the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday 4 observed by the municipality, the deadline or required date of action shall be the next day that is 5 not a Saturday, Sunday, or holiday observed by the municipality. References to days are 6 calendar days unless otherwise stated. 7 F. References to Other Regulations/Publications 8 Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall 9 be construed as a reference to the most recent edition of such regulation, resolution, ordinance, 10 statute, regulation, or document, unless otherwise specifically stated. 11 G. Delegation of Authority 12 Any act authorized by this chapter to be carried out by a specific official of the municipality may 13 be carried out by a designee of such official. 14 H. Technical and Non-Technical Terms 15 Words and phrases shall be construed according to the common and approved usage of the 16 language, but technical words and phrases that have acquired a peculiar and appropriate 17 meaning in law or practice shall be construed and understood according to such meaning. 18 I. Public Officials and Agencies 19 All public officials, bodies, and agencies to which references are made are those of the 20 municipality, unless otherwise indicated. 21 J. Mandatory and Permissive Terms 22 The word “shall” is mandatory in nature, establishing an obligation or duty to comply with the 23 particular provision. The word “may” is permissive, indicating compliance is optional. The word 24 “should” indicates that compliance is highly recommended and encouraged but not mandatory. 25 K. Conjunctions 26 Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: 27 1. “And” indicates that all connected items, conditions, provisions or events apply; and 28 2. “Or” indicates that one or more of the connected items, conditions, provisions or events 29 apply. 30 L. Tenses, Plurals, and Gender 31 Words used in the present tense include the future tense. Words used in the singular number 32 include the plural number and the plural number includes the singular number, unless the context 33 of the particular usage clearly indicates otherwise. Words used in the masculine gender include 34 the feminine gender, and vice versa. 35 M. Measurement of Distances For Separation of Land Uses 36 Except where stated otherwise, whenever this title requires measurement of distance between 37 use types, development sites, or lots, such measurement shall be made from the nearest 38 property line of the first reference point to the nearest property line of the second reference point. 39 N. Fractions 40 1. Generally 41 Except where stated otherwise, when any calculation for determining a number of items 42 (such as parking spaces, trees, etc.) results in a fraction, any fraction less than one-half 43 (0.5) shall be rounded down to the preceding whole number, and any fraction of one-half 44 (0.5) or greater [ANY CALCULATION WITH A FRACTIONAL RESULT] shall be rounded Chapter 21.14: Rules of Construction and Definitions Sec. 21.14.030 COMMON ACRONYMS AND ABBREVIATIONS 1 up to the next consecutive whole number. Where the calculation results in a fraction 2 less than one, the fraction shall be rounded up to one. 3 2. Dimensions 4 When any calculation for determining required minimum or allowed maximum dimensions 5 (such as height, lot coverage, open space, etc.) results in a fraction, the dimension shall 6 be measured to the nearest inch. Any fraction of an inch shall be rounded as provided in 7 M.1. above. 8 3. Floor Area Ratio 9 Any calculation for determining required minimum or allowed maximum floor area ratio 10 shall be rounded to two numbers past the decimal point. For example, 2.4287 is rounded 11 to 2.43, and 4.5324 is rounded to 4.53. 12 N. Illustrations 13 Illustrations in this zoning ordinance are provided for purposes of describing, clarifying or 14 providing examples. Such illustrations are not to scale and do not replace, limit or expand the 15 meaning of the text. 16 21.14.030 COMMON ACRONYMS AND ABBREVIATIONS AAC Alaska administrative code GAAB Greater Anchorage area borough AC Asphalt concrete gfa Gross floor area ADA Americans with disabilities act HLB Heritage land bank US department of housing and urban ADT Average daily trips HUD development ADU Accessory dwelling unit HVAC Heating, ventilation, and air conditioning AIM Assembly informational memorandum LED Light emitting diode AMC Anchorage municipal code MHC Manufactured home community Anchorage municipal code of AMCR NESC National electrical safety code regulations National pollutant discharge elimination AO Assembly
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