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Article III - Use Restrictions

Wood Meadow II CIA,

ABRIDGED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WOOD MEADOW II SUBDIVISION

This document extracts the pertinent information for the Wood Meadows II By Laws.

ARTICLE III - USE RESTRICTIONS

        Section 1. 

    "Land Use and Building Type"

    All Lots shall be known and described as lots for residential purposes only (herinafter sometimes referred to as "residential lots"), and no structure shall be erected altered, placed, or permitted to remain on any residential Lot other than one single-family dwelling not to exceed two (2) stories in height and a detached or an attached garage for not less than two or more than four cars. Carports on residential lots are prohibited. As used herein, the term "residential purposes" shall be construed to prohibit the use of said Lots for duplex houses, garage apartments, or apartment houses; and no Lot shall be used for business or professional purposes of any kind, nor for any commercial or manufacturing purpose. No building of any kind or character shall ever be moved onto any Lot within said subdivision, it being the intention that only new construction shall be placed and erected thereon.


        
Section 2. 
    
        "Architectural Control"

    No building shall be erected, placed or altered on any Lot until the construction plans and specifications and a plot plan showing the location of the structure theron have been approved by the Architectural Control Committee as to harmony with existing structures with respect to exterior design and color with existing structures with respect to exterior design and color with existing structures, as to location with respect to topography and finished grade elevation and as to compliance with minimum construction standards more fully provided for in Article IV hereof.


        Sec
tion 3.

    "Dwelling Size"

    The ground floor of the main residential structure, exclusive of open porches and garages, shall not be less than 1,000 square for one-story dwelling, nor shall the ground floor area plus the upper floor area of the main residential structure of a one and one-half (1 1/2), or a two story dwelling be less than 1,400 square feet. 


        Section 4.

    "Type of Construction, Materials and Landscape"

     (a) No residence shall have less than 51 percent masonry construction or its equivalent on its exterior wall area, except that detached garages may have wood siding of a type and design approved by the Architectural Control Committee.

     (b) No roof of any structure shall be constructed or covered so that exposed material is:
                        1. Asphalt shingles having a weights of 290 pounds or less per square;
                        2. Composition type shingles having a weight per square of less then 235 pounds; or
                        3. Wood shingles having a grade of less than No. 2.
      (c) No window or wall type air conditioners shall be permitted to be used, erected, placed or maintained on or is any building in any part of the Properties.

      (d) No fence or wall shall be erected, placed, or altered on any Lot nearer to the street than the minimum building setback lines as shown on the subdivision plat. The erection of chain link fences facing upon a street on any Lot is expressly
prohibited.


        Section 5.

    "Building Location"

    No building shall be located on any Lot nearer to the front lot line or nearer to the side street line than the minumum building set back lines as shown on recorded plat. No building shall be located never than five (5) feet to any interior Lot line, except that a garage or other permitted accessory building located sixty-five (65) feet or more from the front lot line may be located within three (3) feet of an interior Lot line, provided however, the foregoing minimum side yard provision to the contrary notwithstanding, in no event shall the sum of the side yard dimensions of any Lot (except in the case of a garage or other permitted accessory building set back 65 feet as above provided) be less than fifteen percent (15%) of the width of the Lot measured (to the nearest foot) along the front setback line shown on the recorded plat. No main residence building nor any part thereof shall be located on any interior Lot nearer than fifteen (15) feet to the rear Lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of a building on any Lot to encroach another Lot. For the purposes of these restrictions, the front of each Lot shall coincide with and be the property line having the smallest or shortest dimension abutting a street. Unless otherwise approved in writing by the Architectural Control Committee, each main residence building and garage will face the front of the Lot, and each detached garage will face and be located at least sixty-five (65) feet from the front of the Lot on which it is situated and will be provided with the driveway access from the front of the lot only.


        Section 6.

    "Minimum Lot Area"

    No Lot shall be resubdivided, nor shall any building be erected or placed on any lot having area of less than 6,000 square feet; provided, however that nothing contained herein shall be construed to prohibit the resubdivision of any Lot or Lots within the Properties if such resubdivision results in each resubdivided Lot containing not less than the minimum Lot area aforesaid; it being the intention of this restriction that no building plot within the Properties contain less than the aforesaid minimum area.
          

        Section 7.

    "Annoyance or Nuisance"

     No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may become an annoyance to the neighborhood. 


        Section 8.

    "Temporary Structure"

     No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any Log at any time as a residence, or for any other purpose, either temporarily or permanently; provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Properties as in its sole discretion may be necessary or convenient while selling Lots, selling or constructing other improvements upon the Properties. Such facilities may include, but not necessarily be limited to sales and contruction offices, storage areas, model units, signs, and portable toilet facilities. No truck, trailer, boat, automobile or other vehicle shall be stored, parked, or kept on any lot or in the street in fornt of the Lot unless such vehicle is in day-to-day use off the premises and such parking is only temporary, from day to day; provided, however, that nothing herein contained shall be construed to prohibit the storage of an unused vehicle in the garage permitted on any Lot covered hereby.
  

        Section 9.

    "Signs and Billboards"

    No signs, billboards, posters , or advertising devices of any character shall be erected, permitted or maintained on any Lot or plot except (1) one sign of not more than ten (10) square feet advertising the particular Lot or plot on which the sign is situated for sale or rent and (11) one sign of not more then five (5) square feet to identify the particular lot of plot as may be required by the Veterans Administration during the period of actual construction of a single-family residential structure thereon. The right is reserved by Declarant to construct and maintain such signs, billboards or advertising devices as is customary in connection with the general sale of property in this subdivision. In no event shall any sign, billboard, poster or advertising device of any character, other than as specifically perscribed in the first sentence of this Section 9, to be erected, permitted or maintained on any lot or plot without the express prior written consent of the Architectural Control Committee.

    The term "Declarant" as used in the Section 9 shall refer to said entities and such successors or assigns of such entities to whom the right under this Section 9 are expressly and specifically transferred.   
  

        Section 10.

    "Oil and Mining Operations"

     No oil drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
  

        Section 11.

    "Storage and Disposal of Garbage and Refuse"

    No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste materials shall not be kept except in sanitary containers constructed of metal, plastic or masonry materials with sanitary covers or lids. Equipment for the storage or disposal of such waste materials shall be kept in clean and sanitary condition. No Lot shall be used for the open storage of any materials whatsoever, which storage is visible from the street, except that new building materials used in construction of improvements erected upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time so long as the construction progresses without undue delay, until the completion of the improvements, after which these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.   
  

        Section 12.

    An underground electric distribution system will be installed in that part of the Properties designated Underground Residential Subdivision, which underground service area shall embrace all Lots in the Properties. The owner of each Lot in the Underground Residential Subdivision shall, at his own cost, furnish, install, own and maintain (all in accordance with requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of the electric company's metering on customer's structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company furnishing service shall make the necessary connections at said owner of each Lot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the current standards and specification of the electric company furnishing service) for the location and installation of the meter of such electric company for the residence constructed on such owner's lots. For so long as underground service is maintained, the electric service to each Lot in the underground Residential Subdivision shall be uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle, alternating current. 

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