Covenants, Conditions and Restrictions
Section 1, RESIDENTIAL USE. All lots in this tract shall be known and described as residential lots, and shall be used for single family residential purposes.. No residence shall be erected, altered, placed or permitted to remain on any lot other than one(1) detached single-family residence per lot.
Section 2, SQUARE FOOTAGE, No single family detached dwelling shall be constructed on said lots which contains a floor area within the main structure exclusive of open porches, garages, and breezeways, of less than 2000 square feet. It is expressly understood and agreed that the above minimum floor space requirements may be reduced by ten percent(10%) on any lot by written authorization of the Committee.
Section 3, EXTERIOR SURFACES. The total exterior wall area of the first floor shall not have less than seventy-five(75%) brick, brick veneer, stone, stone veneer or glass. All chimneys shall be of masonry construction.
Section 4, GARAGE. Each residence shall not have less than a two(2) car garage. The garage door of any house must open to the side or rear for inside lots except that a garage door can open toward the street provided the garage is a minimum of thirty feet(30’) behind the front building line. Swing entry garages are allowed.
Section 5, DRIVEWAYS. All driveways shall be concrete, brick
or another masonry construction as approved by the New Construction Committee.
All access to garages must be entered from the public alley in Lots 1 through
24, Lots 27 and 28, of Block 2. All residences constructed in
Section 6, ROOFING. All roofing of residences must be built with concrete tile, clay tile, wood shingles or a composition shingle in brown or gray tones as approved by the New Construction Committee. All roofs must be constructed with at least an 8 ½ pitch.
Section 7, ANTENNAS. No satellite discs, or any other type of instrument or structure, receiving radio or television reception, or other types of sound or video reception, shall be allowed at any place outside the house, or on a lot except that such a structure may be placed in the backyard or a lot so long as it is not visible from the view of any street. No use shall be made of any lot or structure thereon for any type of radio or television or similar broadcasting systems.
Section 8, FENCES AND WALLS. All fences shall be of wood, masonry or ornamental iron construction as approved by the New Construction Committee, and shall not exceed the height of eight(8) feet. All fences constructed of wood must be solid and constructed of standard size planks. Said fence or wall must be completed not later than at the time of completion of the residence. All lot owners with lots contiguous to Allen Place Addition agree to keep in good repair and to maintain the masonry, wood or iron exterior fence, and shall not remove, alter, paint or otherwise change the general aesthetic effect of the perimeter fence. All retaining walls must be of masonry construction faced with brick, stone or reasonable facsimile.
Section 9, MAILBOXES. Mailboxes shall be constructed of brick or ornamental iron to match the residence in a style and form approved by the New Construction Committee.
Section 10, LANDSCAPING. Each lot on which a dwelling unit
is constructed shall have landscaping including but not limited to shrubs,
flowers, at lest two(2) trees in the front yard which shall be approved by the
New Construction Committee , ground cover and grass, either sod or hydro mulch,
of a sufficient quality, quantity and design to be compatible with landscaping
on adjoining lots. An underground sprinkler system must be installed in all
front yards. Landscaping of a lot, including the sprinkler system, shall be
completed within one hundred twenty(120) days after the date of which the house
or residence is complete.
Section 11, SIGNAGE. No sign of any kind shall be displayed to the public view on any lot except one(1) professional sign of not more than six(6) square feet advertising the property during the construction and sale period. Grantor or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing requirements, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. Grantor shall have the right to erect and maintain two billboards of not more than ninety-six(96) square feet so long as Grantor is marketing lots on the Land.
Section 12, GRASS AND TRASH. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and said rubbish, trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for storage or disposal of such material, shall be kept ina clean and sanitary condition. Grass, weeds and vegetation of each lot in the Subdivision shall be kept mowed at regular intervals so as to maintain the lot in a neat and attractive manner. Upon failure to maintain a lot, the Grantor or its assign of said Property may, at its option, have the grass, weeds and vegetation cut when, and as often as necessary in its judgment, and the owners of the property shall be obligated to reimburse the Grantor or its assigns for the cost of such work.
Section 13, ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any property in the Subdivision except that dogs, cats or other household pets may be kept for the purpose of providing companionship to the family.
Section 14, VEHICLES. Trucks with tonnage in excess of one(1) ton shall not be permitted to park on streets, driveways or lots overnight, and no vehicle of any size which normally transports inflammatory or explosive cargo may be kept in the Property at any time. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pickup camper, travel trailer, motor home, camper body, or similar vehicle or equipment may be parked in the open on any lot, or parked on any public street in the Subdivision. No junk vehicles or vehicles in disrepair or neglect shall be stored, repaired or displayed in any lot, street or otherwise in this Property.
Section, 15, OIL DRILLING. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or other structure designed for use in boring for oil or natural gas be erected, maintained or permitted upon or in any lot.
Section 16, OFFENSIVE ACTIVITY. No noxious or offensive activity shall be carried on upon any lot nor anything be done thereof which may be or may become an annoyance or nuisance to the neighborhood.
Section 17, TEMPORARY STRUCTURES. No structure of a temporary character such as a trailer, basement, tent, shack, barn or other outbuilding shall be used on any lot at any time as a residence; however, builders may maintain and occupy model houses. Sales offices during the construction oand sales period will be accepted only with the permission and under the terms and conditions provided by the Grantor herein.
Section 18, OUTBUILDINGS. All outbuildings except greenhouses shall correspond in style and architecture to the residence to which it appertains and shall be of the same materials, both walls and roof, as such residence unless said outbuilding is erected so as not to be visible from the street or to other property owners.
Section 19, SOLAR PANELS. Any roof solar heating units installed must be architecturally acceptable and approved by the New Construction Committee and have no glare reflected to other property owners.
Section 20, AIR CONDITIONING UNITS. No air conditioning apparatus shall be installed on the front of a dwelling house. In the event a compressor system is placed in the required side yard of any lot, the compressor system must be located ten(10) feet behind the front building line, but in instance shall this compressor system extend further than the front wall of the dwelling unit. No evaporative cooler or other window cooler shall be installed on the front wall or window or the side wall or window of the dwelling house.
Section 21, INSPECTION. The Grantor reserves the right during the construction of the improvements to enter upon the subject lot for the purpose of inpecting said construction to ascertain that the approvals and/or restrictions heretofore provided for are being complied with. However, the failure of the undersigned to inspect said improvements during construction does not constitute a waiver or the righs of Grantor, the New Construction Committee or any lot owner to enforce the provisions contained herein at any time after the construction of said improvements has been completed.
Section 22, ASSIGNMENT OF INTEREST. The New Construction Committee may assign, with unanimous approval of all members, to any person or corporation any or all rights, powers, reservations, easements and privileges herein reserved by and to the Committee, and such assignee shall have the same right to so assign. Any individual member of the New Construction Committee may, with unanimous approval of all members, assign to a person or corporation of their choice, either temporarily or permanently, all of its right and obligations as a New Construction Committee member hereunder.