Contract Zoning Change?

[Inspector 102]

Local property was rezoned for general comercial through local zoning ordinance. Recorded Statement of Covenants states that certain uses are not allowed on property, even though zoning classification would otherwise allow them. The covenants state that enforcement is to be done by legislative body of City. Through local zoning, can the compliance officer prohibit uses based on covenants, or is this a civil issue between legislative body and owner? I have also submitted to my legal counsel for Plan Commission for opinion, but looking for others to comment also.

 

[Yankee]

civil!!!!!!!!!

 

[Uncle Bob]

Inspector 102,

"The covenants state that enforcement is to be done by legislative body of City"

Developer cannot order government bodies to enforce their covenants.

Uncle Bob

 

[mtlogcabin]

We have one subdivision that we have to enforce the covents regarding the size, setbacks and height before we can issue a permit. It was done back in the 80's and the city agreed to it.

I would say unless it is a PUD you would normally not enforce it. Ask your attorney

 

[texas transplant]

I 102,

By all means go by what the attorney tells you, however like UB said the developer cannot force the City to enforce covenants, however if that enforcement is part of a PUD (like mtlog said) or a development agreement that was approved by the city council, you may be in the convenant enforcement business on this one. Mostly depends on whether or not the City Council was party to an agreement.

 

[Uncle Bob]

Suggestion:

When requesting city attorney decisions; make the request in writting and only accept decision in writing; signed.

Unfortunately; this is a CYA world we live in,

Uncle Bob