§ 27-108.01. Interpretations and rules of construction.


Latest version.
  • (a)

    Words and phrases are to be interpreted as follows:

    (1)

    The particular and specific control the general.

    (2)

    In case of any difference of meaning or implications between the text and any caption, illustration, summary table, or illustrative table, the text controls.

    (3)

    Words used in one tense or form include other tenses and derivative forms, unless the obvious construction of the wording indicates the contrary.

    (4)

    Words used in the singular include the plural (and vice versa) and words used in the masculine gender include the feminine and neuter, unless the obvious construction of the wording indicates the contrary.

    (5)

    When the Zoning Ordinance refers to development or activity occurring on one property and its impacts on another property, it is assumed that more than the land itself may be impacted. Buildings, structures, and people may also be impacted, as the case may be.

    (6)

    Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line (tangent in the case of a curved line) in relation to which the distance is specified. All land areas shall be measured horizontally. All heights shall be measured vertically.

    (7)

    Words and phrases not specifically defined or interpreted in this Subtitle or the Prince George's County Code shall be construed according to the common and generally recognized usage of the language. Technical words and phrases, and others that have acquired a peculiar and appropriate meaning in the law, shall be construed according to that meaning.

    (8)

    Time computation: In computing periods of time, the day of the act (after which the designated period of time begins to run) is not to be included. The last day of the period computed is to be included unless:

    (A)

    It is a Saturday, Sunday, or County legal holiday, in which case the period runs until the end of the next day that is neither a Saturday, Sunday, nor County legal holiday; or

    (B)

    The act is the filing of a paper in a court or County office, and the offices on the last day of the period are:

    (i)

    Not open;

    (ii)

    Closed for a part of that day, in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor County legal holiday; or

    (iii)

    Not open the entire day during ordinary business hours. When the time is more than seven (7) days, intermediate Saturdays, Sundays, and County legal holidays shall be considered as other days. If the period of time is seven (7) days or less, intermediate Saturdays, Sundays, and County legal holidays shall not be counted.

    (9)

    Unless otherwise specified, an "area" of land means "contiguous area."

    (10)

    The word "approve" includes "approve with conditions, modifications, or amendments."

    (11)

    A "building," "structure," "land," or "property" includes the words "or part thereof," unless the obvious construction of the wording indicates the contrary.

    (12)

    The word "buy" also includes the words "offer to buy."

    (13)

    Conjunctions: Unless the context indicates the contrary, where a regulation involves two (2) or more items connected by the conjunctions "and," "or," or "either...or," the conjunction shall be interpreted as follows:

    (A)

    "And" indicates that all the connected items shall apply;

    (B)

    "Or" indicates that the connected items may apply singly or in any combination;

    (C)

    "Either...or" indicates that the connected items shall apply singly but not in combination.

    (14)

    The words "erected" and "constructed" also include "modified," "reconstructed," "built," "rebuilt," "altered," "placed," "relocated," "moved," and "maintained."

    (15)

    The words "including" and "such as" do not limit a term to the specified examples, but are intended to extend its meaning to all other instances or circumstances of like kind or character.

    (16)

    The terms "land use" and "use of land" also include "building use" and the "use of a building."

    (17)

    When something is referred to as being "required," it means required as a part of the regulations and procedures in the applicable zone.

    (18)

    The word "sell" also includes "dispense," "offer for sale," "display for sale," or "intend to sell."

    (19)

    The words "shall," "must," "may only" or "may not" are always mandatory and not discretionary. The word "may" is permissive.

    (20)

    Such as: See "including" (paragraph 15, above).

    (21)

    Whenever "proposed" or "planned" uses are referred to, and it is intended that these uses are ones which may occur on property but are not part of any specific development proposal, the uses are those land uses proposed in the applicable Master Plan, General Plan, or Functional Master Plan.

    (22)

    Whenever one Division, Subdivision, Section, Subsection, etc., references another Division, etc., by referring to Division "above" or Division "below," it is intended that the Division "above" or "below" is the next one preceding (above) or following (below).

    (23)

    It is not intended that specific requirements be interpreted separately from all other requirements in the Ordinance. The Zoning Ordinance shall be read as a whole.

    (24)

    Adjectives and adverbs: Adjectives or adverbs appearing before a series of nouns or verbs, respectively, apply to the entire series unless specifically noted or the obvious sense of the phrase dictates otherwise.

    (25)

    The word "following" means next after.

    (26)

    The word "preceding" means next before.