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ARTICLE VII
SPECIFIC USE RESTRICTIONS
SECTION 1. SINGLE FAMILY RESIDENCES. Each and every Lot in the Subdivision is hereby restricted to one (1) Single Family Residence and related outbuildings and improvements, including guest houses, servants quarters and greenhouses, and use for single-family residential purposes exclusively and no Single Family Residence shall be occupied by more than a single family. For purposes of this restriction, a single family shall be defined as any number of persons related by blood, adoption or marriage living with not more than one (1) person who is not so related as a single household unit, and no more than two (2) persons who are not so related living together as a single household unit, and the household employees of either such household unit. It is not the intent of the Declarant to exclude from a Single Family Residence any individual who is authorized to so remain by any state or federal law. If it is found that this definition, or any other provision contained in this Declaration is in violation of any law, then this Section shall be interpreted to be as restrictive as possible to preserve as much of the original section as allowed by law.
No business or business activity shall be carried on, in or upon any Lot at any time except with the written approval of the Board. No deliveries of stock or merchandise for sale or distribution, no traffic of customers or clients to or from a Lot, and no storage of materials, products or stock are permitted on any Lot. Garage sales or yard sales (or any similar vending of merchandise) conducted on any Lot more than once within a 12-month period shall be considered a business activity and is therefore prohibited.
Notwithstanding the foregoing, a Single Family Residence on a Lot may be used for a Home Occupation provided that:
As used herein, the term "Home Occupation" shall mean a commercial enterprise conducted in a Single Family Residence which is incidental to the principal residential use.
SECTION 2. LIVING AREA REQUIREMENTS AND SET-BACKS.
(a) The total living area of the Single Family Residences constructed on the Lots in the Subdivision, exclusive of porches and garages, shall be not less nor more than the following applicable minimum and maximum number of square feet:
One Hundred Foot Lots:
2,600 square feet minimum for 1-story residence and 3,000 square feet minimum for 2-story residence; no maximum
Seventy-Five Foot Lots:
2,600 square feet minimum; 3,800 square feet maximum
Sixty Foot Lots:
1,800 square feet minimum; 3,000 square feet maximum
(b)
The location of each Single Family Residence on a Lot must be approved in
writing by the Architectural Review Committee with its approval of the plans
and specifications. No building shall be located on any Lot nearer to a Street
than the minimum building setback lines shown on the plat containing such Lot
and no building shall be located on any utility easement. No building shall be
located nearer than five (5) feet to an interior lot line; provided, however, a
detached garage located a minimum of fifty-five (55) feet from the front lot
line may be located three (3) feet from an interior lot line. No residence or
garage shall be located nearer than ten (10) feet from the rear lot line. The
Single Family Residences constructed on the One Hundred Foot Lots must be a
minimum of fifty (50) feet from the front Lot line. The front set-back
line for the Single Family Residence constructed on a Lot other than the One
Hundred Foot Lots shall be as specified on the plat of the Subdivision.
Please see Amendment 1 for important changes to this section.
SECTION 3. TYPE OF CONSTRUCTION. A minimum of 50% of the exterior wall area of all residences constructed on the Sixty Foot Lots, exclusive of doors and windows, shall be masonry or brick veneer construction and a minimum of seventy-five percent (75%) of the exterior wall area of all residences constructed on the Seventy-Five Foot Lots and the One Hundred Foot Lots, exclusive of doors and windows, shall be masonry or brick veneer construction, unless a variance from this restriction is specifically approved in writing by the Architectural Review Committee.
No garage or accessory building shall exceed in height the dwelling to which it is appurtenant without the written consent of the Architectural Review Committee. Every garage and accessory building (except a greenhouse) shall correspond in style and architecture with the dwelling to which it is appurtenant. No structure of any kind or character which incorporates wood construction on the exterior shall be erected on any Lot unless such structure receives at least two coats of paint at the time of construction or the exterior is of redwood or cedar material.
SECTION 4. GARAGES AND DRIVEWAYS. Each
Single Family Residence must have an attached or detached garage with an automatic
garage door opener for a minimum of two (2) automobiles and a maximum of three
(3) automobiles, in the case of the Sixty Foot Lots and the Seventy-Five
Foot Lots, or a maximum of four (4) automobiles in the case of the One Hundred
Foot Lots. Garage doors shall be kept closed when not in use for their intended
purposes. Each Owner shall construct and maintain at his expense a concrete
driveway with a minimum width of ten (10) feet from the garage of his
residence to the abutting Street, including the portion of the driveway in the
street easement, and the owner shall repair at his expense any damage to the
Street occasioned by connecting the driveway thereto.
Please see Amendment 1 for important changes to this section.
SECTION 5. ANTENNAE AND SATELITTE DISHES. All television antennas and other antennas and aerials shall be located inside the attic or under the roof so as to be completely hidden from view. Satellite dishes must be approved by the Architectural Review Committee; provided, however one small satellite dish antennae, having a diameter of 18" or less, which is installed on a Lot so that it is not visible from the Street or adjacent Lots shall not require such approval. The installation of all other antennae must be approved by the Architectural Review Committee.
SECTION 6. ANIMALS AND PETS. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, as determined by the Board; provided, however, those pets which are permitted to roam free, or which in the sole discretion of the Board, endanger health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners or Occupants within the Subdivision may be removed by the Board. No pets shall be kept, bred or maintained for any commercial purpose. Dogs which are household pets shall at all times whenever they are outside a Single Family Residence be on a leash or otherwise confined in a manner acceptable to the Board. Without prejudice to the Board's right to remove any such household pets, no household pet that had caused damage or injury may be walked in the Subdivision. Animal control authorities shall be permitted to enter the Subdivision to patrol and remove pets. Pets shall be registered, licensed and inoculated as required by law.
SECTION 7. WINDOW AIR CONDITIONERS. No window or wall type air conditioners shall be permitted to be used, erected, placed or maintained on or in any Single Family Residence, except that the Architectural Review Committee may, at its discretion, permit window or wall type air conditioners to be installed if such unit, when installed, shall not be visible from a Street.
SECTION 8. RENTING OR LEASING. Single Family Residences may be rented or leased only by written leases and subject to the following restrictions:
All tenants shall be subject to the terms and conditions of this Declaration and the rules and regulations promulgated by the Association as though such tenant were an Owner. Each owner of a Single Family Residence agrees to cause his lessee or the persons living with such Owner to comply with this Declaration and the rules and regulations promulgated pursuant hereto, and is responsible and liable for all violations and losses caused by such tenants or Occupants, notwithstanding the fact that such tenants or Occupants of the unit are fully liable for any such violation. All provisions of this Declaration and of any rules and regulations promulgated pursuant hereto which govern the conduct of owners of a Single Family Residence and which provide for sanctions against Owners shall also apply to all Occupants of a Single Family Residence even though such Occupants are not specifically mentioned.
SECTION 9. VEHICLES AND PARKING. The term "vehicles", as used herein, shall refer to all motorized vehicles including, without limitation, automobiles, trucks, motor homes, boats, trailers, motorcycles, minibikes, scooters, go-carts, campers, buses, and vans. No vehicle may be parked or left upon any Lot in the Subdivision, except in a garage or other area designated by the Board, and in driveways for such temporary periods as may be specified by the Board from time to time. The parking of vehicles on Streets or within road rights-of-way is specifically prohibited. Any vehicle parked or left not in accordance with this section shall be considered a nuisance and may be removed by the Board at the owner's expense. No motorized vehicles shall be permitted on pathways or unpaved Common Area except for public safety vehicles and vehicles authorized by the Board.
SECTION 10. DISPOSAL OF TRASH. No trash, rubbish, garbage, manure, debris, or offensive material of any kind shall be kept or allowed to remain on any Lot, nor shall any Lot be used or maintained as a dumping ground for such materials. All such matter shall be placed in sanitary refuse containers constructed of metal, plastic or masonry materials with tight fitting sanitary covers or lids and placed in an area adequately screened from public view by planting or fencing. All rubbish, trash, and garbage shall be regularly removed and not allowed to accumulate. Equipment used for the temporary storage and/or disposal of such material prior to removal shall be kept in a clean and sanitary condition and shall comply with all current laws and regulations and those which may be promulgated in the future by any federal, state, county, municipal or other governmental body with regard to environmental quality and waste disposal. In a manner consistent with good housekeeping, the Owner of each Lot shall remove such prohibited matter from his Lot at regular intervals at his expense.
SECTION 11. DRAINAGE. Catchbasins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or- Occupant of a Lot may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers or storm drains.
SECTION 12. CLOTHESLINES, GARBAGE CANS, WOODPILES, ETC. All clotheslines, garbage cans, woodpiles, swimming pool pumps, filters and related equipment and other similar items shall be located or screened so as to be concealed from view of neighboring streets and property.
SECTION 13. WEAPONS AND FIREWORKS. The use of fireworks, firearms and other weapons within the Subdivision is prohibited. The term "firearms" includes "B-B" guns, pellet guns, and small firearms of all types. Nothing contained in this Declaration shall be construed to require the Association to take action to enforce this Section.
SECTION 14. TEMPORARY BUILDINGS. Temporary buildings or structures shall not be permitted on any Lot, provided, however, Declarant may permit temporary toilet facilities, sales and construction offices and storage areas to be used by Builders in connection with the construction and sale of residences and by contractors performing land development activities within the Subdivision for Declarant. Builders may use garages as sales offices for the time during which such Builders are marketing homes. At the time of the sale of a Single Family Residence by a Builder any garage appurtenant to such residence used for sales purposes must be reconverted to a functional garage in compliance with the plans approved by the Architectural Review Committee.
SECTION 15. GRASS AND SHRUBBERY. The Owner of each Lot shall landscape his property, including the area between the front of his residence and the curb line of the abutting Street and the side yard of such Lot out to the curb on all corner Lots, in accordance with the Landscaping Guidelines. Grass and weeds shall be kept mowed to prevent unsightly appearance, and all curbs, drives and walkways shall be kept edged. Dead or damaged trees, which might create a hazard to property or persons, shall be promptly removed or replaced, and if not removed by the Owner upon request, then the Association may remove or cause to be removed such trees at the Owner's expense and shall not be liable for damage caused by such removal. The Association may plant, install and maintain shrubbery and other screening devices around boxes, transformers and other above-ground utility equipment, and mow and maintain the grass around such areas. The Association shall have the right to enter upon the Lots to plant, install, maintain and replace such shrubbery or other screening devices, and mow and maintain grass around such areas following reasonable advance notice to the Owner of such Lot.
SECTION 16. TRAFFIC SIGHT AREAS. All Lots located at Street intersections shall be-landscaped so as to permit safe sight across the Street corners. No fence, wall, hedge, or shrub planting shall be placed, or permitted to remain where this would create a traffic or sight problem.
SECTION 17. MAILBOXES. No Lot
shall have a mailbox as cluster boxes will be installed at various locations
within the Subdivision in accordance with U.S. Postal Service requirements.
Each Lot shall have a house number identifying its street address made of
materials and a color or colors specified by the Association in
keeping with the overall character and aesthetics of the community.
Please see Amendment 2 for important changes to this section.
SECTION 18. DISPOSAL UNITS. Each kitchen in each Single Family Residence shall be equipped with a garbage disposal unit in a serviceable condition.
SECTION 19. PRIVATE UTILITY LINES. All electrical, telephone, and other utility lines and facilities which are located on a Lot and are not owned by a governmental entity or a public utility company shall be installed underground unless otherwise approved in writing by the Architectural Review Committee.
SECTION 20. ROOFTOP ELEMENTS. All stack vents and attic ventilators shall be located on the rear slopes of roofs and mounted perpendicular to the ground plate. All exposed roof stack vents, flashings, attic ventilators, etc. on each Single Family Residence must be painted to match the color of the roof of the Single Family Residence unless otherwise approved by the Architectural Review Committee. No solar collectors shall be allowed on any roof slope visible from a Street or Common Area.
SECTION 21. DECORATIONS. On front lawns of Lots and on any portion of a Lot visible from any Street, there shall be no decorative appurtenances placed, such as sculptures, birdbaths and birdhouses, fountains or other decorative embellishments unless such specific items have been approved in writing by the Architectural Review Committee.
SECTION 22. PLAYGROUND EQUIPMENT. All playground equipment on a Lot must be placed at the rear of the Lot and must be placed behind a fence or otherwise screened from public view from any Street abutting the Lot.
SECTION 23. SIGNS. No signs, billboards, posters, or advertising devices of any kind shall be permitted on any Lot without the prior written consent of the Architectural Review Committee other than (a) one sign not in excess of a size prescribed by the Architectural Review Committee advertising a particular Lot and residential structure on which the sign is situated for sale or rent, or (b) one sign to identify the particular Lot during the period of construction of a Single Family Residence thereon as for sale; provided, however, no sign advertising a Lot and residential structure for sale shall contain the word "foreclosure" or any derivative of such word. The right is reserved by Declarant to construct and maintain, or to allow Builders to construct and maintain, signs, billboards and advertising devices on land they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential dwellings. In addition, the Declarant and the Association shall have the right to erect and maintain identifying signs and monuments at subdivision entrances.
In addition to any other remedies provided for herein, the Board of Directors or its duly authorized agent shall have the power to enter upon a Lot to remove any sign which violates this Section provided the violating Owner has been given forty-eight hours' written notice by the Board of Directors of its intent to exercise self-help. All costs of self-help, including reasonable attorney's fees actually incurred, shall be assessed against the violating owner and shall be collected as provided for herein for the collection of assessments.
SECTION 24. FENCES. No fence or wall shall be erected on any Lot nearer to the Street than the minimum setback from the Street shown on the plat of the subdivision containing such Lot. Further, unless otherwise approved by the Architectural Review Committee, no fence shall be constructed across or within a utility easement. The plans for all fences must be approved by the Architectural Review Committe which shall have the power to specify acceptable materials. No chain link fences shall be permitted within the Subdivision.
SECTION 25. WINDOW TREATMENTS. Within three (3) months of occupying a residence, the Owner of such residence shall install window treatments or coverings in accordance with the Construction Guidelines. Expressly prohibited both before and after the initial three (3) months of occupancy are any temporary or disposable coverings non consistent with the aesthetics of the Subdivision, such as reflective materials, sheets, newspaper, shower curtains, fabric not sewn into finished curtains or draperies, paper, plastic, cardboard, or other materials not expressly made for or commonly used by the general public for permanent window coverings in a development of the same caliber as the Subdivision.
SECTION 26. OWNER'S MAINTENANCE. Each Owner and Occupant of a Lot shall at all times be obligated to maintain his property and all improvements thereupon (including the area between the boundary lines of his Lot and curb or edge of adjacent Streets), so as to keep same in a clean, sightly and safe condition and to conform with the Landscaping Guidelines and any specific standards which the Board of Directors may adopt by resolution for the Subdivision. Unless expressly assumed by the Association, an Owner's maintenance obligation shall include, but not be limited to: the maintenance of all visible exterior surfaces of all buildings and other improvements; the prompt removal of all paper, debris, and refuse; the removal and replacement of dead and diseased trees and plantings; the removal of all snow and ice from paved areas; the repair, replacement, cleaning and relamping of all signs and lighting fixtures; the mowing, watering, fertilizing, weeding, replanting and replacing of all approved landscaping; and, during construction, the cleaning of dirt, construction debris and other construction-related refuse from Streets and storm drains and inlets. In the event an Owner fails to maintain his property as specified above, the Association may enter upon the applicable Lot to perform the necessary work as more specifically set forth in Section 8 of Article IX hereof.