Article IV - Architectural

NOTE: THE FOLLOWING IS A PORTION OF THE DEED RESTRICTION COVENANT. IT IS HAND-RE-TYPED AND MAY CONTAIN MINOR OMISSIONS/ERRORS.

  • Section 4.1 - ARCHITECTURAL CONTROL - No building or improvement shall be erected, placed or altered on any Lot until the construction plans and specifications and a plot plan showing the locations of the structure have been approved by the Architectural Control Committee hereinafter established as to material and harmony of external design with existing structures, as to location and color and with respect to topography and finish grade elevation.
  • Section 4.2 - DWELLING SIZE - The ground floor area of a Residential Dwelling, exclusive of open porches and garages, shall not be less than 1,400 square feet for a one-story dwelling or less than 950 square feet on the ground floor for a one and one-half story dwelling with at least 500 square feet in the upper floor area; provided that, for Residential Dwellings on Lots in Bellaire West, Section Six (6), the minimum ground floor area or a one-story dwelling shall be 1,100 square feet. There shall be no minimum ground floor area for a one and one-half story Residential Dwelling in Bellaire West, Section Six (6).
  • Section 4.3 - TYPE OF CONSTRUCTION AND MATERIALS - The exterior material of the Residential Dwelling on all Lots shall be not less than fifty-one percent (51%) masonry, unless otherwise approved by the Architectural Control Committee. Detached garages may have wood siding of a type and design approved by the Architectural Control Committee.
  • Section 4.4 - BUILDING LOCATION - No building shall be located on any Lot nearer to the front Lot line or nearer to the side street than the minimum building set back lines shown on the recorded Plat. No building shall be located nearer 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 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 on 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 set back 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 upon 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. Each main residence building will face the front of the Lot, and each garage will face the front of the Lot on which it is situated and will be provided with driveway access from the front of the Lot only (EXCEPTION - Section 1 - Lots 5 & 6, Block 2; Lots 1 & 10, Block 4; Lots 5 & 6, Block 5; Lot 1, Block 8 be provided with driveway access from and may face the side street; Lot 12 in Block 1 shall have access to Belle Glen only. Section 4 - Lot 1, Block 1; Lots 1, 11, 12, and 22, Block 2; Lot I, Block 3; Lots I & 8, Block 4; and Lot 4, Block 5, Section 5 -Lot 20, Block 1;Lot 4, Block 2;Lots 1, 3, 4 & 6, Block 3; Lot 14, Block 8; Lot 1, Block 9; and Lots 1 & 17, Block 10, Section 7 -Lot 9, Block 7 and Lot 1, Block 8 be provided with driveway access from, and may face the side street).
  • Section 4.5 - MINIMUM LOT AREA - No Lot shall be re-subdivided, nor shall any building be erected or placed on any Lot in Bellaire West, Section Five (5) and Eight (8), having an area of less than 6,600 square feet or on any Lot in any other section having an area of less than 6,050 square feet.
  • Section 4.6 - GARAGES AND CARPORTS - Each Lot must have a garage of not less than two (2) cars and not more than four (4) cars, with the exception of a Lot in Bellaire West, Section Six (6). which may have a one-car garage. Each garage entrance shall be enclosed by residential type wood garage door or metal garage door. The garage may not be converted into a living space by replacing the doors with a wall or window. The garage doors must remain in place to maintain exterior design harmony with the surrounding properties. Garage doors shall remain closed, except when the garage is actively being used. No carports shall be constructed on any Lot without prior written consent of the Architectural Control Committee. A carport or a converted garage which does not have a garage door on the exterior (i.e., a garage conversion in which the garage door has been replaced with a window andlor wall) shall not be required to be removed or modified upon the Effective Date to comply with this Section; however, upon the sale and/or transfer of a Lot upon which a non- conforming carport or garage exists after the Effective Date, the carport or garage conversion must be removed or modified to comply with this Section.
  • Section 4.7 - KITCHEN GARBAGE DISPOSAL - Each kitchen in each Residential Dwelling shall be equipped with a garbage disposal unit. Each garbage disposal unit shall be in a serviceable condition prior to sale or transfer of ownership.
  • Section 4.8 - SIGHT OBSTRUCTIONS - No fence, wall, hedge or shrub planting which obstructs sight lines or traffic signs at elevations between two feet (2')and nine feet (9') above the roadways shall be placed or permitted to remain on any comer Lot. No fence, wall, hedge or shrub shall be installed or permitted to grow on any Lot in a manner that obstructs the adjacent sidewalk or street from the view of a person operating a vehicle on the driveway ofthe Lot.
  • Section 4.9 - WALLS AND FENCES - Walls, fences and other improvements shall not be placed in front of any minimum building setback line nor between the side street line and the minimum building setback line from the side street. The erection or construction of all new fences and improvements must be approved prior to construction by the Architectural Control Committee. Fences shall not exceed eight (8) feet in height.
  • Section 4.10 - TEMPORARY STRUCTURES - No structures of a temporary character, trailer (with or without wheels and whether or not attached to a foundation), mobile home (with or without wheels and whether or not attached to a foundation), modular or prefabricated home, tent, shack, barn or any other outbuilding structure or building shall be maintained or used on any lot at any time as a residence or for any other purpose, either temporarily or permanently. No Residential Dwelling, garage or other structure appurtenant thereto, shall be moved upon any Lot from any another location. Provided, however, the following structures shall also be permitted: (a) children's playhouses or playground equipment as defined in Section 4.1 1, neither of which shall extend more than eight feet (8') above the ground, nor be visible from the street, unless otherwise approved in writing by the Architectural Control Committee; (b) greenhouses and storage buildings, which shall not extend more than eight feet (8') above the ground, twelve feet (12') in width and fourteen feet (14') in length, nor be visible from the street, unless otherwise approved by the Architectural Control Committee; and (c) such other structures approved by the Architectural Control Committee.
  • Section 4.11 - PLAYGROUND EQUIPMENT AND BASKETBALL GOALS - Jungle gyms, swing sets. trampolines or similar playground equipment must be located in the rear yard of the Lot behind a fence enclosing the rear yard and shall not extend more than eight feet (8') above the ground, unless approved in writing by the Architectural Control Committee. No recreational equipment or structures, such as jungle gyms, swing sets, basketball goals or trampolines, shall be used in such manner as to become a nuisance or annoyance to other Owners, nor shall any such recreational equipment or structures be installed, erected, or maintained on any vacant Lot. No basketball goal, whether in-ground or portable, shall be erected or placed on a Lot nearer to the street in front of the Lot than ten (10) feet from the front of the Residential Dwelling.
  • Section 4.12 - POOLS, SPAS AND HOT TUBS - No above-ground swimming pools shall be erected, constructed or installed on any Lot without prior written approval from the Architectural Control Committee. No decks, spas, and hot tubs, and/or children's plastic pools greater than ten feet (10') in diameter shall be erected, constructed or installed on any Lot without the prior written approval of the Architectural Control Committee.. All pools, spas and hot tubs shall be maintained in a healthful, safe and sanitary condition. The bacterial content of the water in any pool, spa, or hot tub shall not be allowed to exceed the safe limits as prescribed by established standards of the City of Ho~rstorDi epartment of Health.
  • Section 4.13 - AIR CONDITIONERS - No window, roof or wall type air conditioner shall be used, placed or maintained on or in any Residential Dwelling.
  • Section 4.14 - ROOFS AND ROOF VENTILATION - The following types of roofing covering materials are specifically prohibited for Residential Dwellings: sheet metal, corrugated metal or plastics, roll roofing, membrane or built up roofs when visible from ground level, and sprayed on roofing material. All roof ventilators (other than ridge ventilation) shall be located to the rear of the roof ridge line andor gable of any structure. The Architectural Control Committee shall have the right to approve exceptions to the foregoing in cases where energy conservation and heatinglcooling efficiency require ventilators that because of a particular roof design cannot be hidden from public view
  • Section 4.15 - ANTENNAS AND FLAGPOLES - No electronic antenna or device of any type for transmitting or receiving electronic signals shall be erected, constructed, placed or permitted to remain on the exterior of any house, garage or building constructed on any Lot in the Subdivision nor shall any free standing antenna be erected on any Lot, except a satellite dish antenna not exceeding one (1) meter in diameter, unless written approval has first been given by the Architectural Control Committee. A satellite dish antenna must be located at the least visible location that still enables the reception of an acceptable quality signal, the objective being to conceal such an antenna from view from any street. No flagpole shall be erected on a lot without the prior written approval of the Architectural Control Committee.
  • Section 4.16 - EXTERIOR LIGHTING - No exterior lighting may be installed on a Lot in a manner that creates an annoyance or nuisance to any surrounding Lot Owner. Traditional holiday decorative lighting may be displayed for two (2) months prior to andone(1) monthafteranysuchholiday.
  • Section 4.17 - PAINTING AND EXTERIOR COLOR SELECTION - Exterior paint colors for any Residential Dwelling, detached garage or other structure must be approved by the Architectural Control Committee prior to application. All colors must be acceptable shades of white, gray, green, brown, blue, yellow and red. The use of loud and iridescent colors and colors determined by the Architectural Control Committee to be unacceptable, such as lime green, royal blue, pink, purple, orange, and gold are strictly prohibited. The Architectural Control Committee shall have the authority to determine, in its sole and absolute discretion, for the purposes of this section, whether a particular exterior color or a shade of a particular color is acceptable. Except as provided below, the brick on the exterior of a Residential Dwelling, detached garage or other structure may not be painted. If the brick on the exterior of a Residential Dwelling, detached garage or other structure was painted with the approval of the Architectural Control Committee prior to the effective date of this Declaration, the brick may be repainted only with the approval of the Architectural Control Committee and only using the paint color(s) originally approved in writing by the Architectural Control Committee.
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