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What is NYC ZR § 12-01?

Quick Answer

This section outlines the rules of construction applicable to the text of the Resolution, including definitions of terms and the interpretation of conjunctions. It clarifies how specific language should be understood in legal contexts. Applies to all entities interpreting the Resolution's text.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 12-01 Rules Applying to Text of Resolution

ZR § 12-01

The following rules of construction apply to the text of this Resolution:

(a)The particular shall control the general.

(b)In case of any difference of meaning or implication between the text of this Resolution and any caption, illustration, summary table or illustrative table, the text shall control.

(c)The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d)Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e)A "building" or "structure" includes any part thereof. The terms residential building, commercial building and community facility building shall refer to an entire building used exclusively for such use.

(f)The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", "or occupied for".

(g)The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(h)Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows:

(1)"and" indicates that all the connected items, conditions, provisions or events shall apply;

(2)"or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; and

(3)"either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(i)The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(j)References within a Section or cross-references to a Section numbered with four digits shall include all following Sections with numbers whose first four digits are identical with such Section number but references or cross-references to a Section numbered with five digits shall refer only to such specific five-digit Section. For Sections starting with 101-00, references within a Section or cross-references to a Section numbered with five digits shall include all following Sections with numbers whose first five digits are identical with such Section number but references or cross-references to a Section numbered with six digits shall refer only to such specific six-digit Section.

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