As provided for in F.S. ch. 163, it is "found and declared that the preservation or enhancement of the tax base from which a taxing authority (city) realizes tax revenues is essential to its existence and financial health; that the preservation and enhancement of such tax base (city tax base) is implicit in the purpose for which the taxing authority (city) is established." Therefore, the purpose and intent of this chapter is to establish regulations to preserve and enhance the city's tax base, as well as providing for the health, safety, and welfare of the residents and the businesses.

Further, the purpose of this chapter is to describe the specific uses and restrictions that apply to zoning districts in the city. This chapter is intended to allow development and use of property only in compliance with the purpose and intent of this chapter, the goals, objectives and policies of the city as expressed in the future land use element of the city's comprehensive plan, and to help protect the stability of neighborhoods within the city. Further, limitations on uses and/or other restrictions within the zoning districts may also be governed by Pinellas Planning Council (PPC) countywide rules. Where there is a conflict between regulations contained in this chapter and the countywide rules, the countywide rules shall govern.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

All general provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. The provisions of this chapter shall be liberally construed so as to implement its intents and purposes and for implementation of the mandates of the comprehensive plan. Terms used in this chapter, unless otherwise specifically defined, shall have the meanings prescribed by reference to generally accepted engineering, planning, or otherwise professional terminology if technical; and otherwise, according to common usage or where the context clearly indicates a different meaning. Except as otherwise noted, all other words shall have the meaning normally attributed to them.

Abandonment means to discontinue or cease a use or activity or use of a building/structure for a period as specified in the Code, including but not limited to, vacating of a premises or building, discontinuance of utility service or non-operative status.

Accessory means a building, structure or use that:

(1)

Is subordinate to and serves a principal building and principal use;

(2)

Is subordinate in area, square footage, height and purpose to the principal building and principal use served, except as provided for in this chapter;

(3)

Contributes to the comfort, convenience or necessities of the users or occupants of the principal building and principal use; and

(4)

Is located on the same lot or parcel as the principal building and principal use, provided such use is in keeping with the purpose and intent of the district in which it is located.

Accessory dwelling unit means an ancillary or secondary living unit that may or may not have a separate kitchen, bathroom and sleeping area, existing either within the same structure or on the same lot, as the primary dwelling unit.

Acreage means the fee simple deeded acreage contained in a given lot or tract as platted and recorded in the official records of the county.

Agricultural activities means crop production, including plant nurseries; the maintaining of livestock, including horses, dog kennels, animal boarding, and like uses.

Alteration means any change to a development and/or site, including but not limited to, rearrangement, enlargement, extension, reduction, or moving of any structure or part thereof, and any change of electrical wiring, plumbing or heating system.

Ancillary nonresidential use means a nonresidential use such as off-street parking, drainage retention areas, and open space buffer areas for an adjacent, contiguous, nonresidential use.

Apartment building means a structure containing four or more rental living units.

Assisted living facility (ALF) means a residential equivalent facility providing assisted living care for adults which may be independently sited or a component of a retirement community, comprised of dwelling units, a centralized kitchen facility (no unit kitchens or kitchenettes), whether operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding 24-hour housing, food service and personal or therapeutic services as needed for seven or more persons, not related to the owner or administrator by blood or marriage, who require such services and to provide limited nursing services, when specifically licensed to do so by the state.

Automobile or salvage yards or lots means a lot, group of contiguous lots or parcels used for the dismantling or wrecking of used vehicles and/or the storage and sale of used automotive parts.

Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).

Building means any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building height means the vertical distance from the finished ground elevation to the highest point of the coping or roof, whichever is higher.

Building lines means the extreme outer dimension of any structure, whether constructed or staked out for construction, including all structural components except the chimneys, cornices, sills or eaves; however, where the projection of any chimney, cornice, sill or eave extends more than three feet beyond the building line, the building line shall be considered to be three feet inside the outermost extension of any such projection.

Building site area requirements means those portions of this chapter which regulate the size of the land areas upon which structures and development may be located.

City manager designee (designee), means the city staff authorized by the city manager to perform the duties as described in this chapter.

Clinic means a facility wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the state. Persons treated shall not be lodged therein overnight.

Coastal high hazard area (CHHA) means the area below the elevation of the category 1 storm surge line as established by a sea, lake and overland surges from hurricanes (SLOSH) computerized storm surge model, as reflected in the most recent regional evacuation study, storm tide atlas (hurricane evacuation level A).

Conditional use means a use permitted in a zoning district only after it is authorized by the city council after a public hearing pursuant section 70-226 et seq.

Condominium dwelling unit means a building or group of buildings in which units are owned individually and the structure, common areas and ancillary facilities are owned by all the owners on a proportional undivided basis, and is typically governed by an owner's association.

Continuing care means furnishing, pursuant to an agreement between the provider and a resident, shelter, food, and either nursing care or personal services.

Conversion means the structural and spatial alteration of a residence to produce a different number of dwelling units than presently exists or any change from one use occupancy to another use.

Countywide rules are administrative rules that apply to all municipalities adopted by the Pinellas Planning Council (PPC) that establish definitions, standards, criteria and procedures to implement and administer the countywide future land use plan, including but not limited to, what local government land use plan amendments require PPC review.

Day care center includes any day nursery school, kindergarten, or other facility, as defined by state law which with or without compensation cares for five or more children 17 years of age or under, not related to the operator by blood, marriage or adoption, away from the child's own home. Such facilities shall be licensed and operated in strict accord with the provisions of state law. This term includes adult day care (over the age of 17 years) as defined by state law but does not include a family day care center as defined by state law.

Density means the total number of dwelling units divided by the net land area of the building site.

Design compatibility, means sensitivity of a building and site design to the existing character of a neighborhood, surrounding blocks, or historic or special area. This is measured by how the design of a building or project relates to the design elements of the adjacent building(s), surrounding natural/physical and manmade environment. Compatibility measures include, but are not limited to the following: building relationship to the street and adjacent development such as height, facade details, landscaping, activities); the rhythm of spacing between buildings; the use of building materials which match in dimension, color, pattern and finish/texture; architectural style and building scale and mass. These same measures apply to building additions.

Development or development activity/site means the addition to, or improvement of, property, including but not limited to the following activities:

(1)

Construction, clearing, filling, excavating, grading or paving or otherwise significantly disturbing the soil of the site.

(2)

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(3)

Building or installing a new building/structure, walls/fences, sign, required landscaping or parking areas.

(4)

Enlarging, replacing or substantially restoring a building/structure, sign or parking areas.

(5)

Subdividing land into three or more parcels.

Dwelling means a structure designed for residential occupancy with complete living facilities (such as separate cooking, bathroom and sleeping facilities), including single family, duplexes, triplexes, multifamily dwelling units and modular homes, but not including temporary lodging uses that contain one or more rooms including kitchen facilities.

Dwelling, multifamily, means four or more dwelling units contained in one structure on a single lot or parcel and attached by common vertical walls.

Dwelling, single-family, means a detached dwelling unit structure designed for and occupied exclusively by one family or group living home with six or fewer individuals.

Dwelling, three-family (triplex), means a building designed with three dwelling units attached to each other for occupancy by a single family in each unit.

Dwelling, two-family (duplex), means a building designed with two dwelling units attached to each other for occupancy by a single family in each unit.

Excavation means altering of earth material for purposes other than that incidental to and on the site of construction, including land balancing, authorized by site plan approval. (See section 70-911.)

F.A.C. means Florida Administrative Code.

Family means two or more persons related by blood, marriage or adoption or of more than two unrelated persons living and cooking together as a single housekeeping unit.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces or loading spaces for motor vehicles.

Floor area ratio means a measurement of the intensity of building development on a site. The ratio is the relationship between the gross floor area on a site and the net land area and is derived by adding together the gross floor area of all buildings on the site and dividing by the net land area.

F.S. means Florida Statutes.

Group living home, category A, means a residential facility designed to be occupied by seven to 14 individuals along with a maximum of two full-time supervisors or house parents. These facilities shall provide a physical appearance and a style of life that makes them compatible with other dwellings existing in the neighborhood. Facilities may include foster care facilities, ALFs, displaced youth and adult shelters, care of the developmentally disabled (as defined by state and federal law) and similar family group living facilities. Such facilities are subject to separation requirements pursuant to F.S. ch. 419.

Group living home, category B, includes those uses allowed in category A group living home designed to be occupied by more than 14 individuals along with a maximum of two resident supervisors or house parents. Additionally, these facilities may offer a higher level of personal and therapeutic care and may include mental health care, spouse abuse care, offender halfway houses, and similar care facilities. These facilities shall provide a physical appearance and a style of life that makes them compatible with other dwellings existing in the neighborhood. Such facilities are subject to separation requirements pursuant to F.S. ch. 419.

Guest cottageaka mother-in-law suite and like terms means sleeping quarters within a detached accessory structure, which is to be used exclusively for housing members of the family occupying the main structure, or other nonpaying guests. A guest cottage shall not have kitchen facilities nor to be rented nor otherwise used as a separate dwelling. A guest cottage shall not be permitted to have a separate electric or water meter.

Height of building/structure means the vertical distance measured from the finished grade at the base of the building/structure to the highest point of the building/structure or roof peak or as may be defined in other sections of this chapter. For buildings/structures within the floodplain, height is measured from base flood elevation.

Home occupation means an accessory use in a residential area consisting of an occupation or activity performed entirely within a dwelling and only by members of a family permanently living therein. The home occupation is to be clearly incidental and secondary to the use of the dwelling for dwelling purposes and is not to change the residential character thereof. (See article X.)

Hospital means a medical facility providing overnight care licensed to operate by the state department of children and family services as such.

Hotel means a structure containing a temporary lodging use with sleeping accommodations in which guests are lodged without provision for the hook-up of a stove in any individual room or suite.

Household pets means animals that are normally considered as household pets and that can be maintained and cared for within the living space of a residence. Such animals may include but are not limited to dogs, cats, small rodents, small reptiles, fish, small birds, such as parrots and parakeets and other similar animals.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant or prevents infiltration by stormwater. It includes surfaces such as compacted sand, limerock, or clay, as well as building foundations and paved surfaces such as streets, sidewalks, parking lots and other similar surfaces.

Impervious surface ratio is a measure of the intensity of land use that is determined by dividing the square footage of all impervious surfaces by the square footage of the net land area of a building site or lot.

Improvement means any manmade, immovable item (including but not limited to buildings, fences/walls, signs walls, roofs, and accessory structures) that becomes part of, is placed upon, or is affixed to real estate or development site.

Independent-living unit means a dwelling unit with kitchen facilities for a resident where the residents are capable of caring for themselves and do not require a provider to provide food or personal services.

Junkyard means a parcel of land upon which the principal or accessory use is the accumulation of used, discarded or worn-out materials or manufactured products, which may or may not be reusable or saleable. This shall not include recycling operations for metal, paper or similar materials when located entirely within an enclosed building.

Intensity means the measure of permitted development expressed as a maximum impervious surface ratio and/or floor area ratio per acre of net land area.

Kennel means an establishment where domestic animals are bred, boarded, sold or treated for profit or public service.

Land development code (LDC or code) means the city's set of regulations governing land development, which includes, but is not limited to, chapters 46, 50, 54, 58, 59, 62, 66 and this chapter.

Livestock means those animals normally considered as farm animals such as cattle, goats, sheep, horses, ponies, mules, pigs, chickens, ducks, geese, other similar farm animals and wild animals licensed pursuant to state law. This definition is not intended to include household pets or wild animals living within their native habitat.

Living area, residential, means the floor area of any residential structure (measured in square feet), including only those areas of such a structure which are habitable the year round. Garages, screened porches, breezeways, terraces, stoops, carports, patios or other similar areas shall not be considered part of the living area.

Loading space means a space that provides for the loading or unloading of delivery vehicles.

Lot means an area of land designated on a recorded plat as an individual tract.

Lot, corner means a lot with boundaries abutting two intersecting streets.

Lot depth means the distance measured in the mean direction of the side lines of the lot from the midpoint on the front lot line to the midpoint of the opposite main rear line of the lot.

Lot, double-frontage, means a lot having frontage on two or more streets, but not necessarily at the intersection of two streets.

Lot of record, means a lot which is part of a subdivision, the map of which has been recorded in the office of the circuit court clerk of the county or a parcel of land, the deed of which was recorded in the office of the circuit court clerk of the county prior to the enactment of this chapter.

Lot width means the width of the lot as measured along the front building setback line.

Manufactured home means a modular home which is built to state standards and approved by the state department of community affairs and meets the requirements of the state building code.

Mobile home means a modular home which is built to federal standards and approved by the U.S. Department of Housing and Urban Development but does not meet the requirements of the state building code.

Mobile home park means a lot or parcel of land upon which there are four or more mobile home sites.

Mobile home site means a space or plot of ground within a mobile home park, designated for the accommodation of not more than one mobile home.

Mobile home subdivision means a platted residential subdivision in which the dwelling units consist of mobile homes and accessory residential structures.

Modular homes means one or more rooms including kitchen facilities designed as a unit for one-family occupancy that is wholly manufactured to include electrical and plumbing facilities at an off-site location and requiring no on-site inspection of interior components.

Motel means a structure containing a temporary lodging use that provides lodging for guests and having rental units that may provide food preparation facilities for occupants.

Net land area means that for the purpose of computing density/intensity it shall be that total land area within the property boundaries of the subject parcel or lot, and specifically exclusive of any submerged land or public right-of-way.

Nonconformance means any lot, use or structure or site development that does not conform to the requirements of this chapter and which use or building/structure was legally in existence prior to the enactment of the Code.

Nursing home means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services. This definition does not include hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured and providing care and treatment primarily for the acutely ill when specifically licensed to do so pursuant to state regulations. The facility may be permitted as an accessory use and shall be considered a sheltered nursing facility that is designed for the exclusive use of the residents of a specific community and not the general public.

Official maps means those land use and zoning maps adopted by the city council.

Open space means the land and/or water areas (excluding Lake Seminole, and Long and Cross Bayous) between and around structures, including required recreation areas, up to 25 percent of stormwater detention areas, landscaped areas or preservation areas that are required to be maintained with vegetative growth. This shall not include parking, vehicular use or any paved or graveled areas.

Owner means a person who, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel means any individual unplatted tract of land under uniform ownership, within legally established property lines. If, however, the property lines are such as to defeat the purposes of this land development code or lead to absurd results, then the community development director shall delineate the parcel boundaries.

Parcel, corner, means a parcel with boundaries abutting two intersecting streets.

Parcel depth means the distance measured in the mean direction of the side lines of the parcel from the midpoint of the front parcel line to the midpoint of the opposite main rear line of the parcel.

Parcel, double-frontage, means a parcel having street frontage on two or more streets, but not necessarily at the intersection of the streets.

Parcel width means the width of the parcel as measured at the building front setback line. For corner or through lots, width shall be measured at the building front setback line on the narrowest property line width abutting a street.

Personal services include but are not limited to such services as individual assistance with or supervision of essential activities of daily living, such as eating, bathing, grooming, dressing, ambulating, housekeeping, supervision of self-administered medication and arrangement for appropriate medical, dental, nursing or mental health service.

Professional office means a business or professional use intended to serve the public on or from the premises but not including the on-premises storage for sale and/or the sale of any product or equipment nor the providing of personal services such as barbershop, beauty parlor, tailoring, and shoe repair.

Property line means a line that separates a lot or parcel from an adjoining lot or parcel or right-of-way.

Provider means the owner or operator, whether a natural person, partnership, unincorporated association, or corporation, whether operated for profit or not, which owner or operator undertakes to provide continuing care to individuals for remuneration for the period of care.

Public/semipublic uses means institutional uses such as facilities and services of a public, private or quasi-public nature, including educational, medical and government, civic uses such as schools, hospitals, community centers and religious facilities; and transportation/utility uses that serve the community.

Recreational vehicle means the following types of vehicles:

(1)

Travel trailer means a vehicle, portable structure built on a chassis and towed with a standard automobile, designed to be used as a temporary dwelling for travel, recreation and vacation uses, permanently identified "travel trailer" by the manufacturer on the trailer and when factory-equipped for the road.

(2)

Pickup coach means a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses.

(3)

Motor home means a portable dwelling designed to be used for travel, recreation and vacation uses, constructed as an integral part of a self-propelled vehicle.

(4)

Camping trailer means a collapsible temporary dwelling structure covered with a water-repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses.

(5)

Auto camper means a lightweight, collapsible unit that fits on top of an automobile or into the trunk with the cover removed, and designed for travel, recreation and vacation uses.

Recreational vehicle park means a lot or parcel of land upon which spaces are occupied or intended for occupancy by recreational vehicles designed for travel, recreation and vacation use.

Religious facility/institution means a structure in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. A place of religious assembly shall also include structures for related religious activities on the same site such as educational buildings, administrative buildings and sleeping quarters for personnel (parsonage, convent, monastery, etc.). As part of this definition, uses such as daycare, elementary or secondary schools, colleges/universities, assisted living facilities, professional residential facilities, and emergency shelters are not included as "related religious activities" without proper approval for such use.

Residential equivalent use means a residential-like accommodation other than a dwelling unit, including bed and breakfast, group home, congregate care, nursing home and comparable assisted living facilities. Such uses are eligible to employ the residential equivalent standards as set forth in this chapter for the calculation of density/intensity. No such use shall be eligible to employ the residential equivalent standards for density/intensity for any household that qualifies as a dwelling unit, including any type of use authorized by F.S. ch. 419, community residential homes, which is entitled to be treated as a dwelling unit.

Retirement community means a congregate community designed and intended to provide housing and specialized needs for a resident population of adults, age 55 years or older, and consisting of independent-living dwelling units, assisted-living dwelling units and/or nursing facilities, where continuing care is provided per a written agreement between the provider and resident.

Right-of-way means the area of a highway, road, street or way reserved for public use, whether established by prescription, dedication, gift, purchase, eminent domain or any other legal means. Alleys are specifically excluded from the above provisions.

Satellite antenna means any parabolic or spherical antenna designed to receive television or other signals from orbiting satellites or other devices. A satellite antenna shall be considered as an accessory structure except where it is part of a public utility.

Setback means the shortest required dimension in feet from the nearest front, side or rear property line to a maximum permitted building line or area that permits a use or structure, as prescribed in section 70-865.

Shopping center means a grouping of retail stores erected upon a parcel, lot or contiguous lots.

Sign means any combination of structure and message in the form of an outdoor sign, display, device, figure, drawing, painting, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form, whether placed individually or on a V-type, back-to-back, side-to-side, or used to advertise or inform, any part of the advertising message or informative contents of which is visible any place and as further defined in chapter 66.

Solar energy system means a solar collection (such as solar panels) or other device or structural design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing and storing the sun's radiant energy to use for water heating, space heating or cooling or other applications.

Special exception means a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification and which must be approved pursuant to this chapter, article III.

Structural alteration means any change in the supporting members of the structure such as bearing walls, columns, beams or girders except for the repair or replacement thereof.

Structure means anything constructed or erected, the use of which requires permanent location on the land or attachment to something having a permanent location on the land. Fences a maximum of six feet in height, sidewalks, patio slabs, driveways, paved parking lots, and utility poles shall not be considered as structures. Above-ground propane/utility tanks and generators on single-family lots shall not be considered a structure, but placement of these tanks will be determined by the city upon application and a subsequent site visit before permit approval.

Submerged land means the area situated below the mean high water line or the ordinary high water line of a standing body of water, including estuary, lake, pond, river or stream. For the purpose of this definition, drainage detention areas created as a function of development that are recorded on an approved final site plan or other authorized development order action of the city, and wetlands landward of the mean and/or ordinary high water line shall not be considered submerged land, and thus may be included in the computation of net land area for the purpose of determining permitted density/intensity.

Substantial deviation means any change to an accepted overall development plan, which creates a reasonable likelihood of adverse impact to any devoted portion of the project or adjacent properties.

Temporary lodging unit means an individual room, rooms or suite within a temporary lodging use designed to be occupied as a single unit for temporary occupancy.

Temporary lodging use means a facility containing one or more temporary lodging units, the occupancy of which occurs, or is offered or advertised as being available, for a term of less than one month, more than three times in any consecutive 12-month period. In determining whether a property is used as a temporary lodging use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect ownership interest in the property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration.

Tourist facility use means those facilities and services, such as retail shops, eating and drinking establishments, meeting space and recreation facilities designed primarily to serve tourists, visitors, and seasonal residents in conjunction with the residential and temporary lodging uses where provided for in the resort facilities categories.

Variance means a modification of some particular requirement of this chapter that may be granted by the developmental review board in order to alleviate some unique and unnecessary hardship that may result from a literal enforcement of the provisions of this land development code with respect to the parcel involved.

Vehicle use area means an area used for circulation, loading and parking, except the display of automobiles for sale, lease or repair, motorized vehicles or vessels for sale, lease, repair, or a junk automobile, vehicle or vessel salvage yard.

Veterinary clinic or hospital means an establishment where domestic animals or pets are bred, boarded, sold or treated for profit or public service.

Yard means that open area of a lot or parcel provided as a setback area or unoccupied by any structure.

Yard, front, means a yard across the full width of the lot or parcel extending from the nearest wall or other vertical portion of the structure to the front line of the lot or parcel.

Yard, rear, means a yard extending across the full width of the lot or parcel and measured between the rear line of the lot or parcel and the nearest wall or other vertical portion of the main structure.

Yard, side, means an open unoccupied space, on the same lot or parcel with a structure between the nearest wall or other vertical portion of the structure and the side line of the lot or parcel extending through from the front yard to the rear yard or to the rear line of the lot or parcel where no rear yard is required.

Zoning district means an area of the city designated by a single zone classification with uniform use regulations.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(1)

Conflict with state or federal regulations. If the provisions of the chapter are inconsistent with those of the state or federal government, the more restrictive will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls as determined by the city.

(2)

Conflict with county regulations. If the provisions of this chapter are inconsistent with the county countywide plan and/or rules, of if they conflict with said plan or rules, the more restrictive provision will control. The more restrictive provision is the one that imposes the greater restrictions or more stringent controls as determined by the city.

(3)

Conflict with other city regulations. If the provisions of this chapter are inconsistent with the goals, objectives or policies of the city's comprehensive plan, the comprehensive plan shall govern. If the provisions of this chapter are inconsistent with or in conflict with provisions found in other city adopted ordinances or land development regulations, the more restrictive provision shall apply. The more restrictive provision is the one that imposes the greater restrictions or more stringent controls as determined by the city.

(4)

Conflict with private agreements and covenants. This chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties, except as provided for by state or federal law, judicial decision, or in this chapter. If the provisions of this chapter impose a greater restriction than imposed by a private agreement, the provisions of this chapter will control as allowed by law. If the provisions of a valid, enforceable private agreement impose a greater restriction than this chapter, the private agreement will control. The city does not enforce nor maintain a record of private agreements.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)