Loading...
1.8.1.   Review of Private Agreements
   A.   The Town may review and comment on private agreements, when necessary, including, but not limited to: the establishment and operation of an owners' association; maintenance of private infrastructure held in common by an owners' association; maintenance and operation of off-street parking agreements; easements in favor of the Town; or access easements in favor of the general public.
   B.   The Town is not responsible for monitoring or enforcing private agreements, covenants, or deed restrictions between individuals or members of an owners' association.
(Ord. 2020-36, passed 12-2-2019)
1.8.2.   Existing Agreements or Vested Rights
Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights, provided such agreements or vested rights are lawfully established and remain in effect.
(Ord. 2020-36, passed 12-2-2019)
1.9.   CONFLICT
1.9.1.   Conflicts with State or Federal Law
If a provision of this Ordinance is inconsistent with State or federal law, the more restrictive provision controls, to the extent permitted by law.
(Ord. 2020-36, passed 12-2-2019)
1.9.2.   Conflicts with Other Town Codes or Laws
If a provision of this Ordinance is inconsistent with another provision found in other adopted ordinances of the Town, the more restrictive provision shall govern, unless the terms of the more restrictive provision specifies otherwise.
(Ord. 2020-36, passed 12-2-2019)
1.9.3.   Conflicts between the Standards in this Ordinance
   A.   Generally. In cases where two or more standards in this Ordinance conflict with one another, the more restrictive standard shall control.
   B.   Development Review Procedures. In cases where the standards in Section 2.3, Application Processing, or information in the Procedures Manual conflict with the standards in Section 2.2, Application Review Procedures, the standards in Section 2.2, Application Review Procedures, shall control.
   C.   Overlay Districts.
      1.   In cases where applicable overlay zoning district standards are in conflict with applicable general zoning district standards, the overlay district standards shall control.
      2.   In cases where applicable overlay zoning district standards are in conflict with applicable conditional zoning district standards, the more restrictive standards shall control.
   D.   Authorized Deviations or Incentives. Development configured in accordance with an allowable deviation (e.g., administrative adjustment) or incentive (e.g., sustainable development incentives) authorized by this Ordinance shall not be considered to conflict with otherwise applicable more restrictive standards in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.9.4.   Conflicts with Private Agreements
In cases where the standards in this Ordinance conflict with private agreements, covenants, or deed restrictions and the standards in this Ordinance are more restrictive, the standards in this Ordinance shall control.
(Ord. 2020-36, passed 12-2-2019)
Loading...