(A) The provisions of this chapter shall not apply to:
(1) A cemetery or burial plot while used for that purpose;
(2) A parcel which was the subject of a written agreement to convey entered into and recorded in the Office of the County Recorder prior to the effective date of this chapter; or
(3) Land which the Planning Commission or the City Commission finds to be unsuitable for land subdivision due to flooding, inadequate drainage, steep slopes, rock formations or other features likely to be harmful to the safety and general health of residents, or land which cannot be adequately served by utilities or other public facilities or public access; the land shall not be subdivided unless adequate methods are provided for overcoming the conditions.
(B) This chapter shall not repeal, annul or in any way impair or interfere with existing provisions of other laws and ordinances except those specifically repealed by or in conflict with this chapter.
(C) This chapter shall not interfere with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the city is a party.
(D) Where this chapter imposes a greater restriction upon land than is imposed or required by any existing provisions of law, other ordinances or private restrictions, the provisions of this chapter shall control. The owner shall enforce private covenants and restrictions to the best of the owner’s ability; the city shall assume no responsibility for the enforcement thereof. Any restrictive covenant shall not conflict with or invalidate this or other city ordinances.
(Ord. 82, passed 10-23-2002)