APPENDIX C – FEESAPPENDIX C – FEES\Article 02 Rules of Construction and Interpretation


2.1.  Rules of Construction

In the construction of these regulations, the provisions and rules of this section shall be preserved and applied, except when the context clearly requires otherwise.

A.    Words used in the present tense include the future; words used in the past tense include the present.

B.    Singular numbers include plural numbers; plural numbers include singular numbers.

C.    “Used for” and similar language include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,”and “occupied for.”

D.    “Including,” “such as” and similar language are used to present examples for clarification purposes, not to limit the intent strictly to listed items.

E.     “Shall (not),” “will (not),” “must (not),” and “may not” are mandatory.

F.     “May,” “can,” “should,” and “could” are permissive.

G.    “Prohibited” means not allowed and there are no provisions for an allowance in these regulations, except variances granted by the Board of Zoning Appeals.

H.    “Authorized” means that applicable permits or other approvals have been received.

I.      “Allowed” means in conformance with applicable provisions of these regulations.

J.     “Person” includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.

K.    “City” means City of Rose Hill, Kansas.

L.     “City Council” means the Mayor and City Council of the City of Rose Hill.

M.   “Planning Commission” and “Commission” mean the Rose Hill City Planning Commission.

N.    “Board” means the Rose Hill City Board of Zoning Appeals.

O.    “Zoning Administrator” means the Rose Hill City staff position appointed by the Mayor with the consent of City Council to administer and enforce these regulations. The title of Zoning Administrator and all authorities, duties, responsibilities, etc. assigned to that position shall apply equally to any individual or firm with which the City contracts and appoints to carry out the function of Zoning Administrator.

P.     Unless otherwise specified, all distances shall be measured horizontally.


2.2.  Rules of Interpretation

A.    The provisions included in these regulations shall be considered minimum requirements.

B.    When the conditions of any provision in these regulations overlap or conflict with those of any other applicable law, ordinance, resolution, rule or regulations, the more restrictive of these conditions shall apply.

C.    The provisions in these regulations shall govern when they are more restrictive than the provisions of any easement, covenant or other legally binding instrument affecting private property.

D.    No building, structure or use lawfully existing at the time these regulations are adopted shall be made unlawful by said adoption; any building, structure or use that exists unlawfully at the time these regulations are adopted shall remain unlawful only if, and to the extent they are in conflict with these regulations.

E.     Any structure or use authorized by zoning permit, conditional use, special use, variance or other provision of previous zoning regulations of the City shall remain authorized after the adoption of these regulations, provided it is in compliance with said authorization at the time these regulations are adopted.

F.     Should these regulations unintentionally omit specific requirements or fail to account for unanticipated circumstances related to the development of structures or land uses, the City’s authority to regulate such shall be limited according to applicable provisions of Kansas State Statutes.





























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