Section 10.1 General. All Lots shall be used solely and exclusively for private one-family residences, and duplexes, with appurtenant garages as depicted on the Development Plan. A building site shall consist of not less than one (1) Lot as shown on the recorded plan. No Lot shall be divided except that with the permission of the ACC and the City of Lakewood, the boundary between two Lots may be adjusted. Any building or structure to be erected, constructed or maintained shall be commensurate in quality with the other homes in said subdivision

 

Section 10.2 Dwelling Quality and Size. No home or other improvement as described in Section 9.1 shall be permitted on any Lot without the prior approval of the Control Architect or ACC. It is the intention and purpose of these covenants to assure that all homes shall be of a quality of workmanship and material substantially the same or better than that -which can be produced on the date these covenants are recorded for the minimum permitted dwelling size. Houses or other structures on Lots 10C through 15C and 1D through 27D shall be one story only. Houses or other structures on all other lots shall not exceed two stories in height. Homes on Lots 1A through 9A shall each have a minimum living space area of 2,500 square feet, not including garage area, in one or two stories. Lots 1B, 2B, and 3C through 9C shall have a minimum living space area of 2,500 square feet, not including garage area, in one or two stories. Lots 1C and 2C shall have a minimum living space area of 1,500 square feet per each duplex side, or 2.500 square feet for a single family residence, not including garage area, in one or two stories. Lots IOC through 15C and ID through 27D shall have a minimum living space area of 1.700 square feet, not including garage area, in one story only. Siding must be lap, cedar board and bat, brick or stucco. Roofing must be 25 year composition, tile, shake or better.

 

Section 10.3 Garages. Where it is architecturally possible, all garages shall be incorporated in or made a part of the dwelling. On-site parking provisions for no less than two automobiles shall be provided in addition to garage automobile storage. Where a garage is not a part of a dwelling, it shall not be located closer than 20 feet from the front line of the building site (measured at the closest point of each said line).

 

Section 10.4 Animals. No animals, livestock or poultry of any kind, other than household pets, shall be kept or maintained on any part of said Property. Dogs and cats, not to exceed a total of two, may be kept on any Lot, provided that they are not kept, bred or maintained for any commercial use or purpose. No reptiles shall be kept upon the premises. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of these covenants.

 

Section 10.5 Temporary Structures. No building or structure shall be moved onto any land embraced in said subdivision. No trailers, mobile homes, or motor homes shall be maintained on any building site prior to the erection of a home thereon, except that a garage or other small building or permanent structure may be erected for the storing of tools and other articles but shall not be used for residence purposes. Nothing in this restriction shall prevent the temporary use of a construction shack and/or trailer during the construction of any approved dwelling

 

Section 10.6 Construction.  The work of construction of all buildings and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within six (6) months from the date of commencement of construction. Except with the approval of the Control Architect or the ACC, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Control Architect or ACC have been completed.

 

Section 10.7 Garbage and Refuse Disposal. No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. No building material of any kind shall be placed or stored upon any Property in said subdivision until the Owner is ready to commence construction; then such material shall be placed within the Property line of the building site upon which structures are to be erected and shall not be placed in the street.

 

Section 10.8 Nuisances. No noxious or undesirable thing or noxious or undesirable use of property in said subdivision whatsoever shall be permitted or maintained upon the Property. If the Control Architect or ACC shall determine what trade, business or use is undesirable or noxious, such determination shall be conclusive. The use of illegal fireworks and the use of motorcycles for purposes other than transportation to and from Eagle Point at American Lake shall be considered a nuisance and are prohibited.

 

Section 10.9 Signs. No sign of any kind shall be placed on the Property, except:

No such signs shall be of a size greater than two (2) feet square, and shall not be of a nature offensive or obnoxious to persons owning Property within the subdivision. No business signs, advertising signs or signs in any way relating to occupation or profession shall be allowed.

 

Section 10.10 Oil and Mining Operations. Oil drilling or oil development operations, refining, mining operations of any kind or the operation of quarries, gravel and sand pit, soil removing or topsoil stripping shall not be permitted on any of the building sites of the subdivision described herein. No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot.

 

Section 10.11 Individual Water Systems. No individual water supply systems shall be permitted on any Lot.

 

Section 10.12 Clotheslines. No clotheslines shall be located on a Lot premises so as to be visible from the street, a private way, or other residential Lots or public areas.

 

Section 10.13 Fuel Tanks. No fuel tank shall be maintained above ground on any Lot, unless screened from view in a manner satisfactory to the Control Architect or the ACC.

 

Section 10.14 Excavation. Except with the permission of the Control Architect or the ACC, or except as may be necessary in connection with the construction of any improvement, no excavation shall be made nor shall any dirt be removed from a Lot herein.

 

Section 10.15 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the front wall of the house, except that nothing shall prevent the erection of a necessary retaining wall (the top of which does not extend more than one (1) foot above the finished grade). A variance may be granted by the Control Architect or ACC, but only upon a showing by the Owner of extraordinary circumstances. Fences will be erected only after the design of the fence has been approved by the Control Architect or the ACC. On waterfront Lots, no rear yard fences, walls or hedges shall be erected or placed that exceeds four (4) feet in height.

 

Section 10.16 Cutting of Trees. No cutting of trees shall be permitted without the prior written approval of the Control Architect or the ACC.

 

Section 10.17 Natural Drainage. Except with the approval of the Control Architect or the ACC, the natural drainage of any Lot shall not be changed.

 

Section 10.18 Exterior Lighting. Exterior lighting of any sort which is visible from any street or from any other lot in this subdivision shall not be installed without first obtaining the permission of the Control Architect or the ACC.

 

Section 10.19 Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or, in the case of a rounded Property comer, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines.

 

Section 10.20 Vehicle and Boat Parking. No vehicle may be parked on any building lot, except on designated and approved driveways or parking areas, which areas shall be hard-surfaced. Any additional parking added after the initial landscaping shall be hard surfaces and constructed only in accordance with the site plan approved by the ACC [Architectural Control Committee], Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a lot, except that cars, trucks, motor homes, trailers, and boats belonging to home owners may be parked on the street in front of their homes for a maximum of 48 hours for purposes of loading or unloading, or in emergency situations while awaiting repairs. If additional time is required, the home owner may move said vehicle to one of the four marked stalls in the Lodge parking lot for an additional 48 hours.

 

No inoperable vehicles, boats, motorcycles or other motorized apparatus shall be stored on the premises or the streets within the subdivision. No mechanical repairs shall be conducted upon the premises, except minor maintenance and mechanical work by a resident of the subdivision on said resident's private vehicle or boat, provided that any such conduct be in a manner which is not offensive to persons residing in the neighborhood, is not unsightly, does not result in unusual noise or debris being placed upon the premises and is in keeping with the residential development. If the maintenance or mechanical work requires more than 48 hours, a note must be affixed to the vehicle providing the name of the owner, a telephone number, and a specific date by which the vehicle will be removed.

 

If an Owner refuses to remove an illegal vehicle, the Board of Directors shall have the power to remove the vehicle at the owner's expense. Owners at no time shall keep or permit to be kept on their premises any house trailer, unattached camper, recreational vehicle (RV), mobile home, boat or boat trailer, or utility trailer, unless the same is housed within a garage or is otherwise out of public view. Boats are permitted in the water at appropriate moorage; however, boats are not permitted to moor at the dock over night. Boats shall be maintained in good condition and no unsightly boats are permitted.

 

Section 10.21 Utility Lines: Radio and Television Antennas. All electrical service, telephone lines and other outdoor utility lines shall be placed underground. No exposed or exterior radio or television transmission or receiving antennas, including satellite dishes greater than 1 meter in diameter shall be erected, placed, or maintained on any part of the premises; provided, however, that antennas and satellite dishes smaller than 1 meter in diameter may be erected, placed, and maintained on the premises in a location approved by the ACC prior to installation or construction. Any waiver of these restrictions shall not constitute a waiver as to other Lots or lines or antennas.

 

Section 10.22 Landscaping. All Lot Owners shall install and keep watered street trees as required on the approved Landscaping Plan. On the Waterfront Lots, the Owners shall be responsible for installing and maintaining landscaping in their rear yard according to the Landscaping Plan approved by the City of Lakewood, dated March 12, 1999. The Owners shall use an ACC-approved landscaper to install the plantings, provided, however, that an Owner may seek ACC approval for a landscaper not on the ACC list.

 

Section 10.21 Irrigation. All Lot Owners shall install and maintain irrigation systems to serve that Owner's Lot. The irrigation system must be approved by the ACC prior to installation.