(A) Conflict with other public laws, chapters, regulations, or permits.
(1) This chapter is intended to complement other municipal, state, and federal regulations that affect land use. This chapter is not intended to revoke or repeal any other public law, ordinance, regulation, or permit.
(2) Where the provisions of this chapter impose greater restrictions than those of any statute, other chapter or regulation; the provisions of this chapter shall apply, except as prohibited by statute.
(3) Where the provisions of any statute, other chapter or regulation impose greater restrictions than this chapter, the provisions of that statute, other chapter or regulation shall apply.
(B) Conflict with private agreements.
(1) The existence of any easement, covenant, or other private agreement with respect to property affected by this chapter shall not affect the duty of any interested person to comply with this chapter.
(2) The city shall have no obligation to waive or modify the requirements of this chapter to conform to private agreements, nor shall it be obligated to enforce such agreements.
(C) Conflict between standards in this chapter. In the event of conflict between one or more of the standards in this chapter, priority shall be established based on the following descending hierarchy:
(1) Overlay Zoning District requirements;
(2) Base Zoning District requirements;
(3) Rules of Measurement in § 154.201; and
(4) Sections 154.002 through 154.009.
(Example: if an overlay district standard conflicts with a base district standard, the overlay district standard shall control and take precedence.)
(D) Conflicts between other standards. In cases where two or more standards conflict within the same hierarchy category identified in division (C) of this section, the more restrictive standard shall not necessarily control. For example, if two overlay zoning district requirements conflict, this subsection shall apply. The determination as to which control applies shall be made by the City Council. The following standards shall govern the Council in issuing use interpretations:
(1) Greater consistency with the goals and objectives contained within the adopted Comprehensive Plan;
(2) More supportive of the purposes of this chapter as described in § 154.003, Purpose;
(3) Increased compatibility with adjacent development and surrounding community character;
(4) Enhanced environmental quality and natural resource protection;
(5) Greater protection and preservation of historic and cultural resources; and
(6) A superior level of building form, design, or architecture.
(Ord. 1040, passed 1-5-16)