(A) Conflict with other local regulations. This chapter shall not nullify the more restrictive provisions of covenants, agreements or other titles or laws, but shall prevail notwithstanding such provisions which are less restrictive.
(B) Conflict with state or federal regulations. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision shall prevail, to the extent permitted by law.
(C) Conflict with private restrictions. It is not the intent of this chapter to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this chapter impose a greater restriction than imposed by a private agreement, the provisions of this chapter shall prevail. If the provisions of a private agreement impose a greater restriction than this chapter, the provisions of the private agreement shall prevail. The city does not enforce private covenants.
(D) Conflict with development agreements. To the extent there is an inconsistency between this chapter and a development agreement, the development agreement shall prevail. If the provisions of the development agreement are inconsistent with those of the state and federal government, the more restrictive provision shall prevail, to the extent permitted by law.
(1) A development agreement may be negotiated and executed between a developer and the city to set forth the specific requirements, elements and any other aspects of a development, including vesting of zoning and uses, aesthetic standards and requirements.
(2) The City Council has the sole authority to approve a development agreement. The Council may request a review and recommendation from the Planning Commission regarding the land use provisions of the development agreement.
(3) All development agreements, upon proper execution, shall be recorded with the County Recorder’s office, shall run with the land and shall be binding on any subsequent owners, successors or assigns of the person entering into the agreement.
(E) Severability. The subchapters, sections, paragraphs, divisions, sentences, clauses and phrases of this chapter are hereby declared to be severable. If any subchapter, section, paragraph, division, sentence, clause or phrase of this chapter is declared invalid by a court of competent jurisdiction, or deleted through amendment or repeal, such invalidation or deletion shall not affect the remaining parts of this chapter.
(Prior Code, § 29.01.050) (Ord. 07-13, passed 7-19-2007; Ord. 08-20, passed 11-20-2008)