Fort Smith |
Code of Ordinances |
FORT SMITH MUNICIPAL CODE |
Chapter 27. UNIFIED DEVELOPMENT ORDINANCE |
Article 27-100. GENERAL PROVISIONS |
§ 27-109. Relationship to private restrictions.
A.
The provisions of the UDO are not intended to affect any deed restriction, covenant, easement, or any other private agreement or restriction on the use of land.
B.
Where the provisions of the UDO are more restrictive or impose higher standards than any private restriction, the requirements of the UDO shall control.
C.
Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of the UDO, such private restriction shall control if properly enforced by a person having the legal right to enforce such restrictions.
D.
Private restrictions shall not be enforced by the city.