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VN-128
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VN-128
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2/26/2007 5:38:40 PM
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2/21/2007 3:15:57 PM
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2 <br />1 <br />'this is a correct procedure. There are ,instances where the Council <br />`,has used one meaning..for a term in one ordinance and a different <br />meaning in another ordinance. <br />The bet example of this is the .definition of front yard in <br />Section 2-7?0 of`the Zona.ng Code where the'term building line has. <br />been interpreted,: by the Council to refer~to the structure on the <br />property. There: is a different definition in the platting'regula- <br />tions where the term is used to mean the building setback line. <br />This latter `.meaning is the common-usage of the.-term. <br />If we were to determine the meaning of_the term "front yard-" <br />in th"e swimming',.pool ordinance by taking 'the available definitions <br />from other ordinances, then we would have to_ ake_ he definition <br />of`-front yard in the Zoning Code and. the defnton of building <br />line from the platting regulations. Doing this would'defne the <br />front yard, in this.. case as being from the street line- on the short <br />street side-of the: lot to`-the building setback. line in depthand <br />from one side lot line to the other in width. flee draw ing. A) <br />- It is also possible.-that. the Council's intent was to use the <br />"commonl~sense" definition of front-yard in the swimming pool ordinance <br />and say that the front yard is that area between the fronti~of the- <br />house and the street. (See d~awi:ngs B-1 and B-2). <br />.Lastly,, .of course, the Council could have intended the same <br />meaning as'in the Zoning..Code.- (See drawing C-1 and C-2).' <br />'-" It `i.s .the Attorney`s opinion that; the technical rules of <br />interpretation would-have us use whatever .definitions are available <br />in the ordinances no matter which ordinance they are in. This <br />practice .has not been followed,' however, in .the pasta It might _ <br />be desirable to standardize the definitions used throughout the <br />ordi.r~ances_ so that we pare not using- different definitions in <br />different places.- <br />Such standardization might require us to reword"some of our <br />requirements, such as those on parking in front yards: in industrial <br />di_stri_cts. In that one-case it is certainly desirable-that the <br />definition be clear since that provision-has been the source--of <br />more variance requests than .any other. in the past year and. confusion <br />over its--meaning led one developer t~ install his parkingareas- <br />;incorrectly. It appears we are going to have to resort to prosecu- `~ <br />_ tion to correct this condition. <br />Returning ,to the request :at hand,.:: we' would note that this pro- <br />blem ar;ises~:solely becauae the house has been. faced toward the long <br />_- <br />
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