Except as provided in section 3-5 of this article, no building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded, converted to another use or structurally altered except in conformity with all of the regulations specified for the district in which such building, structure or land is located and with all other applicable provisions of this appendix.

(a)

Minimum requirements. In their interpretation and application, the provisions of this appendix shall be construed to be minimum requirements, unless specifically indicated to the contrary.

(b)

Conflict with other requirements. Where a requirement imposed by this appendix is at variance with any other provision of this appendix or with the requirements of any other lawfully adopted regulation, the most restrictive requirement, or that which imposes the higher standard, shall govern.

(c)

Permitted uses. Permitted uses listed in the district regulations contained in article IV of this appendix shall be permitted in the respective districts, provided they comply with all applicable provisions of this appendix. All other uses shall be prohibited.

(d)

Private covenants and restrictions. The provisions of this appendix shall not be construed to affect, interfere with, or abrogate any condition, covenant, limitation or restriction contained in any deed, contract or other private agreement relating to the use of any land, building or structure, provided that whenever the provisions of this appendix impose greater restrictions on such use than are imposed by any such condition, covenant, limitation or restriction, the provisions of this appendix shall govern.

No lot area, yard, open space, parking space, or other feature required by this appendix shall be reduced or eliminated except in conformity with the regulations established by this appendix. Any such reduction or elimination resulting from a taking for public purpose by a governmental authority shall not be considered to be a violation of the provisions of this appendix. Any property so affected by such taking shall be subject to the applicable provisions of article VII of this appendix pertaining to nonconforming uses and features.

No part of any lot, yard, open space, parking space, or other feature required by this appendix for a building, structure or use shall be considered as lot, yard, open space, parking space, or other feature for any other building, structure or use, except as may be specifically permitted by this appendix.

Buildings, structures and uses lawfully existing at the effective date of this appendix or subsequent amendment thereto may be continued subject to the provisions of article VII of this appendix pertaining to nonconforming uses and features.

Zoning permits, certificates of zoning compliance, site plans, special use permits, variances, and other approvals required by this appendix are granted based on the basis of specific applications or plans and shall authorize only the construction, arrangement or use set forth by such approved applications or plans. Any construction, arrangement or use not in compliance with that which is specifically authorized by approved applications or plans shall be considered a violation of this appendix.

Nothing contained in this appendix shall be construed to require any change in the plans, construction or intended use of any building or structure for which a permit was lawfully issued prior to the effective date of this appendix or subsequent amendment thereto, provided that the authorized construction is commenced or use is established prior to the expiration of such permit as specified by the provisions of this appendix or other applicable laws.

The town council may establish by ordinance a schedule of fees to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of this appendix or to the filing or processing of appeals or amendments. All applications for rezonings, variances, special use permits, permits, reviews, approvals or other actions for which fees are specified by such fee schedule and shall be accompanied by the required application fee. A schedule of such fees shall be made available in the office of the zoning administrator.

Should any article, section, subsection, paragraph, phrase, definition or other provision or part of this appendix, including the zoning map, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this appendix as a whole or any part thereof other than the part declared to be invalid or unconstitutional.