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17-1-1001 Conflict with State or Federal Regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.
17-1-1002 Conflict with Other City Regulations. If the provisions of this Zoning Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.
17-1-1003 Conflict with Private Agreements and Covenants. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Ordinance, the provisions of the private agreement will control. The city does not enforce or maintain a record of private agreements.
17-1-1004 Negative Use Restrictions Prohibited as Against Public Policy. Notwithstanding Section 17-1-1003, and subject to the following sentence, a private agreement that purports to impose recorded negative use restrictions upon real property in the City so as to prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store or drug store purposes after a grocery store or drug store owner or operator of a store in excess of 7,500 square feet has terminated operations at the site, when such uses would otherwise be permitted, including as a special use, under the Zoning Ordinance, and which negative use restriction has a term of more than one year, shall be against public policy, shall be void and unenforceable, and shall be subject to the City's remedial and enforcement powers under Section 17-16-0508, Section 17-16-0509, Section 17-16-0511 (with each day such negative use covenant remains of record or otherwise effective constituting a separate and distinct offense) and Section 17-16-0512. The foregoing prohibition shall not apply to an owner or operator of a grocery store or drug store which terminates operations at a site for purposes of relocating such operations into a comparable or larger store located within the city and within one-half mile of the site where operations have terminated, provided such relocation and the commencement of operations at the new site occurs within two years and the negative use restriction imposed does not have a term in excess of three years. The Zoning Administrator shall have discretion to extend the one-half mile limit set forth in the preceding sentence by one-half mile (i.e., to one mile) and to extend the two year commencement of operations period by one year (i.e., to three years) upon written request of an owner or operator and such requesting party's presentation of evidence establishing extenuating circumstances that establish good cause for such extension(s). The requesting party shall also provide notice and a copy of such written evidence to the alderman or aldermen in which the closed store and the new store are located at the same time such submission is made to the Zoning Administrator. The foregoing prohibition in this Section 2 shall apply regardless of whether the private agreement is incorporated in a deed restriction, a restrictive covenant, a lease or memorandum of lease, or any other recorded instrument.
(Added Coun. J. 9-14-05, p. 56223)