If a lot is zoned for commercial use and is later included in a subdivision which has a restrictive covenant prohibiting commercial use, which is controlling, the zoning or restrictive covenant? Can the other owners of the subdivision enforce the restrictive covenant against recent purchaser who intends to use the lot for commercial use?

Thanks for your question. Use of property must comply with both the applicable restrictive covenants and the applicable zoning ordinance. Neither preempts the other. Thus, the fact that the lot in your example is zoned commercial will not keep the other lot owners from enforcing the restrictions. Conversely, the fact that restrictions permit a particular use will not keep a county or city from enforcing its zoning ordinance.

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