ARTICLE VIII
USE RESTRICTIONS AND OBLIGATIONS OF OWNERS
8.1. In addition to all other covenants contained herein, the use and
enjoyment of the Project and each Lot therein shall be subject to the following
restrictions:
8.1.1. No Lot shall be occupied and used except for single-family
residential purposes by the Owners, their tenants, and social guests, and no trade or
business shall be conducted therein, except that Declarant, its successors or assigns, may
use any Lot or Lots in the Project owned by Declarant for a model home site or sites and
display and sales offices until the last Lot is sold by Declarant No tent, shack, trailer,
garage, outbuilding or structure of a temporary character shall be used at any time as a
residence, either temporarily or permanently.
8.1.2. No structure within the Project shall be occupied in the
course of original construction until the same is completed and made to comply with the
covenants, restrictions and conditions contained in this Declaration. All work of
construction on each such structure shall be prosecuted diligently and continuously from
the time of commencement of construction until the same shall be fully completed
except to the extent prevented by strikes, lockouts, boycotts, the elements, war, inability
to obtain materials, Acts of God or similar causes beyond the reasonable control of
Declararnt.
8.1.3. No part of the Project shall ever be used or caused to be used
directly, or indirectly, for any business, commercial, manufacturing, mercantile, storing,
vending or other such non-residential purposes, except by Declarant in connection with
the sale of Lots in the Project.
8.1.4. No sign or billboard of any kind shall be displayed by any
Owner on any portion of the Project or Lot, except one sign for each Lot of reasonable -
size, advertising that the particular Lot is for sale or rent, provided that Declarant, its .
successors and assigns may erect and maintain such signs, billboards, and other advertising
devices and structures as Declarant, or Declarant's successors and assigns, may, in its sole
discretion, deem necessary or proper in connection with the development and sales of Lots
within the Project, provided such right shall expire upon the sale of the last Lot within the
Project or seven (7) years from the date hereof, whichever shall first occur.
8.1.5. No noxious or offensive activity shall be carried on within any
Lot or any part of the Project, nor shall anything be done therein which may be, or may
become, an annoyance or nuisance to the neighborhood, or which shall in any way
interfere with the quiet enjoyment of each of the Owners of his respective dwelling, or
which shall in any way increase the rate of insurance on adjoining Lots.
8.1.6. No oil drilling, ail development operations, oil refining,
quarrying, mining or drilling operations of any kind shall be permitted within the Project,
nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the
surface of or within five hundred (500) feet below the surface of the Project. No derrick
or other structure designed for use in boring for water, oil or natural gas shall be erected,
maintained or permitted within the Project.
8.1.7. All rubbish, trash and garbage shall be kept in tightly closed
containers and shall be regularly removed from each Lot, and shall not be allowed to
accumulate thereon. All clotheslines, refuse containers, woodpiles, metal, bulk materials,
storage areas, machinery and equipment shall be prohibited unless obscured from view of
the adjoining Lots and all streets within the Project. This restriction shall not apply to
Declarant in connection with the original construction and sale of Lots within the Project.
8.1.8. No automobile or other motor vehicle repair shall be
permitted within the Prcject except entirely within a garage within a Lot. Under no
circumstances shall such vehicle repair be permitted on any street or driveway within the
Project, except in the event of an emergency. No trailer, camper, boat or other
recreational vehicle, or inoperative automobile shall be permitted upon the Project unless
placed and maintained entirely within a garage. The foregoing restriction shall not be
deemed to prevent washing and polishing of such motor vehicle, boat, trailer, camper or
motor-driven cycle, together with those activities normally incident and necessary to such
washing and polishing.
8.1.9. No animals, livestock or poultry of any kind, shall be
raised, bred or kept on any Lot, except that dogs, cats, or other household pets, and no
more than two of each, may be kept on the Lots, provided they are not kept, bred or
maintained for any commercial purpose, or in unreasonable numbers. Notwithstanding the
foregoing, no animals or fowl may be kept within the Project which result in any
annoyance or are obnoxious to residents of the Project. Upon the written request of any
Owner, the Architectural Control Committee, as specified in Article VII, Section 7.10 ,
shall conclusively determine, at its sole and absolute discretion, whether, for the purposes
of this Paragraph, a particular animal or bird is a generally recognized household pet, or a
nuisance, or whether the number of animals or birds within any Lot is reasonable.
8.1.10. No portion of a dwelling unit constructed as a garage shall
be converted to any other use, and all such garages shall remain available for the storage
of motor vehicles.
8.1.11. No radio or television receiving or transmitting antennae
or external apparatus shall be installed on any Lot. Normal radio and television
installations wholly within a building are excepted. In addition, all rooftop appliances and
installations thereof, excluding the installation of solar panels, are expressly prohibited
unless installed so as to be invisible from the adjoining Lots and public streets within the
Project.
8.1.12. Easements for installation and maintenance of utilities,
sewer pipelines and facilities and drainage facilities over each of the Lots, and all
pipelines and other facilities located and to be located in said easements, are reserved as
shown on the recorded Maps of the Project. Within such easements, no structure, planting
or other materials shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities or which may change the direction of
the flow of drainage channels, or which may obstruct or retard the flow of water through
drainage channels in the easements. The easement area of each Lot and all improvements
therein shall be maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or e utility is responsible. In addition, all
sewer pipelines and other sewer facilities located and to be located within public roads,
streets and highways abutting each of said Lots are reserved.
8.1.13. Each Owner of a Lot has the responsibility and duty to
maintain the appearance and integrity of all slope areas and drainage devices located
within his Lot.
8.1.14. Each grantee of a Lot within the Project covenants for
himself, his heirs, successors and assigns, that he will permit free access by Owners of
adjacent or adjoining Lots and by the Association, its agents and employees, to all slope
areas or drainageways located on his Lot, which affect said adjacent or adjoining Lots,
which access is essential for the maintenance or permanent stabilization of said slopes, or
maintenance of the drainage facilities for Lots other than the Lot on which the slope or
drainageway is located.
8.1.15. Each grantee of a Lot within the Project covenants for
himself, his heirs, successors and assigns, that he will not in any way interfere with the
established drainage patterns or create erosion or sliding problems over his Lot from
adjoining or other Lots within the Project, and that he will make adequate provisions for
proper drainage in the event it is necessary to change the established drainage over his
Lot For the purposes hereof, "established" drainage is defined as the drainage which
occurred at the time the overall grading of the Project, including the landscaping of each Lot,
was completed by Declarant,
8.1.16. Each grantee of a Lot within the Project shall maintain the
slopes within his Lot at the slope and pitch fixed by the finished grading thereof, including
watering and planting of the slopes. Within slope control areas no structure, planting, or
other material shall be placed or permitted to remain or other activities undertaken which
may damage or interfere with established slope ratios, create erosion or sliding problems,
or which may change the direction of flow of drainage channels or obstruct or retard the
flow of water through drainage channels. The slope control areas of each Lot and all
improvements thereto shall be maintained continuously by the Owner of the Lot, except
for those improvements for which a public authority or utility company is responsible.
Declarant shall, for a period of one (1) year following sale and deed of any particular Lot
have the right but not the obligation to enter upon the said Lot and alter or maintain the
slope control areas. An easement of reasonable access for said purpose is reserved to
Declarant, and the purchaser, by the acceptance of a deed from Declarant, shall take title
subject to such easement for said period of one (1) year.
8.2. Conveyance of a substantial number of the Lots is essential to the
establishment and welfare of said Project as a residential community. In order that all
work necessary to complete the Project be performed as rapidly as possible, nothing in
this Declaration shall be understood or construed to:
8.2.1. Prevent Declarant, its contractor or subcontractors,
from doing work on said Project or any part thereof whenever it determines such work to
be reasonably necessary or advisable in connection with the completion of said Project; or
8.2.2. Prevent Declarant, or its representatives from erecting,
constructing and maintaining on any part or parts of said Project owned or controlled by
Declarant, its contractors, or subcontractors, such temporary structures as may be
reasonably necessary for the conduct of its business of completing said work and
establishing said Project as a residential community and disposing of the same by sale,
lease, or otherwise, provided that the right of Declarant to erect and maintain such
structures shall terminate upon the sale of the last Lot within the Project or seven (?)
years from the date hereof, whichever shall first occur.
8.3. All structures within the Project shall at all times be maintained by
their respective owners in a clean, first class and properly painted condition.