In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general welfare.

(1)

Uniformity of regulations. The regulations established by this Article within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Article, the following interpretations shall apply:

a.

No buildings, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located. Where a lot is divided by a zoning district boundary line by the current official zoning map or by subsequent amendments to the zoning map, the zoning requirements may be extended within the lot for a distance of not more than twenty-five (25) feet.

b.

No building or other structure shall be erected or altered:

1.

To exceed the height limitations;

2.

To accommodate or house a greater number of families;

3.

To occupy a greater percentage of the area;

4.

To have narrower or smaller rear yards, front yards, side yards or other open spaces.

c.

No part of a yard, other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Article shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building unless specific exception therefor is stated in this Article.

d.

No yard or lot existing or approved at the time of passage of this code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this code shall meet at least the minimum requirements established by this code.

e.

Any use not permitted in a zone either specifically or by interpretation by the Board of Trustees in this code is hereby specifically prohibited from that zone.

(2)

Conflict with other provisions of law. Whenever the requirements of this Article are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(3)

Conflict with private covenants or deeds. In case of a conflict between this code and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this code. When provisions within this code are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this code, the provisions of this code shall rule.

(4)

Zoning of annexed territory.

a.

Zoning of land during annexation may be done in accordance with the procedure and notice requirements of this Article. The proposed zoning ordinance shall not be passed before the date when the annexation ordinance is passed.

b.

Any area annexed shall be brought under the provisions of this Article and the map thereunder within ninety (90) days from the effective date of the annexation ordinance, despite any legal review that may be made challenging the annexation. During such ninety-day period, or such portion thereof as is required to zone the territory, the Town shall refuse to issue any building permit for any portion or all of the newly annexed area.

(Ord. 653 §1, 2009)