This page provides an overview of how deed restrictions, private restrictive covenants, and city zoning laws apply to City permit applications. 

Deed Restriction Definition

Real estate deed restrictions can limit or restrict the use of a property. Deed restrictions generally run with the land, regardless of whether the property is owned. These restrictions can take the form of conditions, covenants, or restrictions.

Deed restrictions are enforced by the parties named in the restriction. If the City is not a named party, then enforcement is a civil matter between the named parties in the restriction, such as a property owner's association.

Zoning and Deed Restrictions

Before purchasing a property, it is the buyer’s responsibility to check for zoning and deed restrictions. 

The Land Development Code (LDC) and City zoning laws do not affect the enforceability of deed restrictions.  
A deed restriction that is enforceable now should continue to be enforceable, regardless of changes to City zoning regulations. 

City Permit Applications and Deed Restrictions

If a building permit application complies with the Land Development Code, then staff must approve the application whether or not it conforms to a deed restriction. The City cannot prevent landowners from developing property based on a deed restriction.

It is the applicant’s responsibility:

  • To check for any property-specific information, such as deed restrictions or restrictive covenants on the property, before submitting a permit application 

  • For any conflicts between the property-specific information and the request for the proposed development 

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