§ 42-4. Conflict with public and private provisions.  


Latest version.
  • (a)

    Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulations, statue, or other provision of law, except as expressly repealed. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provision is more restrictive or imposes a higher standard shall control.

    (b)

    Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or other private agreement or restriction imposes duties and obligations more restrictive or higher standards than the requirements of these regulations, or where in the determination of the planning and zoning commission or the city council that such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative.

(Code 1994, ch. 9, § 4-200; Ord. No. 248, exh. A(art. 4), 3-24-1997)