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Land Use Controls RegulationsPrivate_restrictionsEASY

In March 2026, Owen bought a lot in Cedar Ridge Estates. City zoning allows owners to park one recreational vehicle on each residential lot, but the recorded subdivision declaration prohibits visible RV parking overnight. Owen wants to keep his camper in the driveway every night. Which statement is most accurate?

Correct Answer

A) Owen may have to comply with the declaration because a lawful private restriction can be more restrictive than zoning

A private restriction such as a recorded declaration may impose limits that are stricter than local zoning, as long as the restriction itself is lawful. In that situation, the owner generally must comply with both sets of rules, so zoning permission does not erase the subdivision covenant.

Answer Options
A
Owen may have to comply with the declaration because a lawful private restriction can be more restrictive than zoning
B
Owen may ignore the declaration because a private rule can never be stricter than local zoning
C
Owen may park the camper because zoning automatically cancels earlier recorded CC&Rs
D
Owen may use the driveway only after obtaining a variance from the county tax assessor

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Related Topics & Key Terms

Key Terms:

ccrszoning_vs_ccrsrv_parkingdeclarationprivate_restrictions
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