Which has priority over less restrictive zoning ordinances?

Restrictive covenants hold priority over less restrictive zoning ordinances because they are private agreements or constraints placed on property use, often established by developers or homeowners associations. These covenants are designed to maintain a certain standard within a community or subdivision and can impose limitations that are more stringent than the local zoning laws.

When there is a conflict between a restrictive covenant and a zoning ordinance, the restrictive covenant generally prevails. This is because property owners who agree to these covenants are entering into a legal agreement that they are obligated to follow, regardless of the local government's zoning regulations. The intent of these covenants is to protect property values and maintain a certain aesthetic or community character, making them authoritative over more lenient zoning rules.

Understanding the hierarchy of laws that govern land use is crucial. Zoning ordinances provide a general framework for land use, but when specific covenants are in place, they take precedence, thereby ensuring that the unique characteristics of a particular neighborhood or development are preserved.