Land Use & ZoningIntermediateAlabama Exam
Restrictive covenants in a subdivision that conflict with local zoning ordinances are resolved by applying:
AWhichever is more permissive, in general
BWhichever is more restrictiveCorrect
CAlways the zoning ordinance
DAlways the deed restriction
Why Whichever is more restrictive Is Correct
Answer B: Whichever is more restrictive
When deed restrictions and zoning regulations conflict, the more restrictive provision typically governs because it represents the most restrictive use permitted by either.
Key Land Use & Zoning Terms in This Question
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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