DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION
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Section 4 - Use Restrictions
- 4.01 Application. All restrictions contained in the Section
pertain to Lots, Multi-Family Parcels and the Units constructed thereon, except Section
4.14.
- 4.02 Residential. Each Lot and Unit constructed on a
Multi-Family Parcel may be used for a residential dwelling for one (1) family only and for
no other purpose. No business or commercial building may be erected on any Lot and no
business or commercial activity, or any advertising thereof, may be conducted on any part
thereof.
- 4.03 Nuisance. No nuisance shall be permitted to exist or
operate on any Lot, Multi-Family Parcel, or any Unit constructed on a Multi-Family Parcel
to the detriment or continued annoyance of any Lot Owner or Unit Owner in the vicinity of
such nuisance.
- 4.04 Trash/Clotheslines. No Lot of Multi-Family Parcel shall be
used as a dumping ground for rubbish, trash, or other waste. All trash containers and,
except during days of pick up, shall be totally shielded from public view. Such enclosures
must be constructed with the dwelling and be approved by Declarant. No exterior
clothesline will be permitted as to any Lot or Unit visible from any street.
- 4.05 Temporary Structures. No structures of a temporary
character or tents, sheds, tanks, mobile homes, campers, barns, motorized vehicles,
trailers, vans, shacks, or out-buildings shall be used on the Property as a residence,
either temporarily or permanently, and such structures shall not be erected or permitted
to remain on the Property without the written consent of the Declarant.
- 4.06 Motor Vehicles. All trucks and commercial vehicles shall be
required to be parked in a garage and shall not be permitted to be parked or stored in any
other place on any Lot or Multi-Family Parcel except during periods of approved
construction on the Lot or Multi-Family Parcel. This prohibition of parking shall not
apply to temporary parking of trucks and commercial vehicles such as for pick-up, delivery
and other commercial services. No vehicle without a current valid license plate shall be
permitted upon the Property. Vehicles which are missing one (1) or more wheels or which
are not in an operating condition shall not remain upon any portion of the Property for
more than two (2) consecutive days. No airplanes, helicopters, or gliders shall be
permitted upon the Property. No major maintenance or repairs shall be performed upon any
vehicle, boat or similar machine or any portion thereof on any Lot or Multi-Family Parcel,
except within an enclosed garage. No recreational vehicles, swamp buggies or airboats
shall be parked overnight on any Lot or Multi-Family Parcel, except in an enclosed garage.
Boats must be kept out of sight in side yards and not visible from the streets or kept in
enclosed garages.
- 4.07 Signs. No sign, advertisement or notice of any type or
nature whatsoever shall be erected or displayed on any Lot or Unit, except for a sign no
larger than 576 square inches, or where the express prior written approval of the size,
shape, content and location thereof has been obtained from the Association.
- 4.08 Oil Drilling and Mining. No oil or natural gas drilling,
refining, quarrying or mining operations of any kind shall be permitted upon any Lot or
any Multi-Family Parcel and no derrick or other structure designed for use in boring for
oil or natural gas shall be erected, maintained or permitted on any Lot or any
Multi-Family Parcel; nor shall oil wells, tanks, tunnels, mineral excavations or shafts be
permitted on any Lot or Multi-Family Parcel.
- 4.09 Utility Connections. Connections for all utilities to any
Lot or Unit including, but not limited to, water, sewer, electricity, telephone and
television shall be run underground from the proper connecting points to the building
structure in such a manner as to be acceptable to the Declarant and the governing utiliyt
authority.
- 4.10 Air Conditioning Units and Antennae.
A.
No window air conditioning units shall be permitted to be installed
in or extend from the front or sides of a single-family dwelling or Unit without the
consent of the Association.
B. Except as provided in this paragraph, no aerial, windmill, antennae or
parabolic dishes shall be placed or erected upon any Lot, Multi-Family Parcel or Unit or
fixed in any manner to the exterior of any single-family dwelling or Multi-Family Building
without the prior written approval of the Association. An owner of a dwelling may erect a
standard residential television antenna to or supported by his dwelling in the antenna
extends no more than eight (8) feet above the crown of the dwelling's roof.
- 4.11 Fuel Tanks and Storage. No fuel or gas storage tanks may be
permitted on any Lot or Multi-Family Parcel. That notwithstanding, a Lot Owner or Unit
Owner may keep and maintain a small heating, fuel or gas tank for barbeque, fireplace, spa
or pool heating in an area on a Lot or Unit specifically approved by the Association or by
rules or regulations promulgated by the Association. Propane gas tanks shall be less than
250 pounds and other fuels tanks shall have a capacity of less than 100 gallons.
- 4.12 Illegal Use. No illegal use may be made of any Lot,
Multi-Family Parcel or Unit or any part thereof. Each Lot, Multi-Family Parcel and Unit
must comply with all laws, ordinances rules, regulations, or any other requirements of any
governmental agency having jurisdiction thereof. Compliance shall be at the sole expense
of a Lot Owner and Unit Owner.
- 4.13 Compliance. It is the responsibility of each Lot Owner or
Unit Owner to insure that the members of the family of the Lot Owner or Unit Owner, his
guests, tenants, invitees and employees abide by the covenants of this Declaration and all
the rules and regulations from time to time adopted by the Associaiont or Multi-Family
Associaiont having jurisdiction over the Lot or Unit.
- 4.14 Subdivision. The Lot Owner of two (2) or more contiguous
Lots may apply to Declarant for permission to use them as a site of a single dwelling.
Upon receiving the written consent of Declarant, said contiguous Lots shall thereafter be
treated as a single dwelling Lot except that said Lots shall continue to be treated as
separate and distinct Lots for purposes of voting and assessment. Lot Owners qualifying
under this Section shall not be required to comply with the side yard set-backs except as
to the outside Lot lines. No Lot shall be divided, subdivided or reduced in size without
the prior written approval of Declarant and unless the divided or subdivided portion
thereof is consolidated with one or more contiguous Lots under one ownership. In the event
of the division or subdivision of any Lot in accordance herewith, the obligation for
Declarant expenses attributable to the divided or subdivided Lot shall be and become
proportionately attributable and chargeable to the contiguous Lot and the Lot Owner
thereof. In the event of such division or subdivision of any Lot the voting rights of the
divided or subdivided Lot shall be proportionately attributable to the contiguous Lot to
and with which portions the divided or subdivided Lot become consolidated. Any provision
of this Section to the contrary notwithstanding, no dwelling or other structure or
improvement shall be erected, altered, placed or permitted to remain on any site not
including at least one full platted Lot.
Purpose and Definitions
Jurisdiction
Architectural and Construction Restrictions
Use Restrictions
Exterior Maintenance
Common Easements
Lake Parcels and Park Parcel
The Association
Assessments
Enforcement
Duration and Amendments
Severability
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© 1997 Pete LaMoia