What is the difference between a restrictive covenant and a zoning ordinance?

A restrictive covenant and a zoning ordinance are both types of land use regulations, but the two are not the same. A restrictive covenant is a legal agreement between two parties that affects the use of their property. This agreement does not consider the broader community or public good and is not enforced by the government. For example, if two homeowners want to ensure that a shared driveway remains accessible to both parties, they can create a restrictive covenant. A zoning ordinance, on the other hand, is an enforceable law that is created by a government entity, such as a city, county, or state. The purpose of a zoning ordinance is to create a more livable, sustainable, and attractive community. It applies to an entire area, and controls things like maximum building height, minimum lot size, the type of activities allowed in a certain area, and whether a building can be used for residential or commercial purposes. Zoning ordinances are often subject to public comment and must be updated to reflect changes in the community. In Florida, all zoning ordinances are governed by the Department of Economic Opportunity. These ordinances are created to ensure that all communities in the state are safe, attractive, and create a good quality of life.

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