§ 1-1. Definitions and rules of construction.

The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise:

Generally.

(1)

All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Commissioners may be fully carried out.

(2)

In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.

Board, Board of Commissioners . Whenever the term "Board" or "Board of Commissioners " is used, it shall be construed to mean the Board of Commissioners of the Town of Waxhaw.

Charter. The term "Charter" means the Charter of the Town of Waxhaw, North Carolina.

Code. Whenever the term "Code" is used, it shall be construed to mean the "Waxhaw Code of Ordinances" as designated in section 1-2.

Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half-holiday shall be considered as other days and not as a holiday.

State Law reference— Computation of time, G.S. 1-593.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that the terms "and" and "or" may be interchangeable:

(1)

The term "and" indicates that all the connected terms, conditions, provisions or events apply.

(2)

The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

The term "either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Corporate limits, town limits. The term "corporate limits" or "town limits" means the legal boundaries of the Town of Waxhaw.

County. The term "county" means the County of Union, North Carolina.

Delegation of authority. Whenever a provision appears requiring the head of a town department or some other town officer or town employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty.

Gender. Words of one gender include all other genders.

Governor. The term "governor" means the Governor of North Carolina.

G.S. or General Statutes. The abbreviation "G.S." refers to the latest edition of the General Statutes of North Carolina, as amended.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of persons or officers.

Legislative body. The term "legislative body" means the town mayor and legislative body, or governing body, of the Town of Waxhaw, North Carolina.

May. The term "may" means the act referred to is permissive.

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

Number. Words used in the singular include the plural and the plural includes the singular number.

Oath, swear, sworn, affirm, affirmed. The term "oath" means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and, in those cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Officer, office, employee, commission or department. Whenever any officer, office, employee, commission, department, etc., is referred to by title, such reference shall be construed as if followed by the terms "of the Town of Waxhaw" unless the context clearly requires otherwise.

Official time standard. Whenever certain hours are named in this Code, they mean standard time or daylight saving time as may be in current use in the town.

Owner. The term "owner," when applied to any property, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of the property.

Person. The term "person" extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever," as applied to any unincorporated entity, means the partners or members thereof, and as applied to corporations, the officers or agents thereof.

Personal property. The term "personal property" means every species of property, except real property.

Preceding or following. The term "preceding" or "following" means next before or next after, respectively.

Property. The term "property" includes real and personal property.

Real property. The term "real property" includes lands, tenements and hereditaments.

Shall. The term "shall" means the act referred to is mandatory.

Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. The term "signature" or "subscription" includes a mark when the person cannot write.

State. The term "state" means the State of North Carolina.

Street. The term "street" means any public way, road, highway, street, avenue, boulevard, parkway, dedicated alley, lane, viaduct, bridge and the approaches thereto within the town and shall mean the entire width of the right-of-way between abutting property lines.

Tenant or occupant. The term "tenant" or "occupant," when applied to a building or land, includes any person who occupies the whole or a part of the building or land, whether alone or with others.

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

Town. The term "town" means the Town of Waxhaw, North Carolina.

Written. The term "written" means any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year, unless otherwise expressed.

Zoning administrator. The term "zoning administrator" means one designated by the legislative body or the town manager.

(Code 2015, § 10.05)