Article III - Use Restrictions


  • Section 3.1 - RESIDENTIAL USE - All Owners shall use their Lots and the Residential Dwelling and any other buildings on their Lot, if any, for single-family, residential purposes only. As used herein, the term "residential purposes" shall be deemed to specifically prohibit, by way of illustration but without limitation, the use of any Lot for a duplex apartment, a garage apartment or any other apartment use or for any business, educational, church, professional or other commercial activity of any type, except that an Owner may use his residence as a personal office for a profession or occupation, provided: (i) the public is not invited, permitted, or allowed to enter the Residential Dwelling or any structure or improvement upon such Lot and conduct business therein; (ii) no signs advertising such profession or business are permitted; (iii) no on-site employees are permitted, other than domestic servants; (iv) no visible storage or display of materials, goods, or products are permitted; (v) frequent deliveries by delivery vehicles are not permitted; (vi) no offensive activity or condition, noise, or odor is permitted; and (vii) such use in all respects complies with the laws of the State of Texas, and the laws, rules, and regulations of any regulatory body or government agency having authority and jurisdiction over such matters.
    Provided, however, (i) informal baby-sitting arrangements for three (3) or less children on an occasional or non-scheduled basis; (ii) on-going or scheduled care of two (2) or less children, plus the occupant's own children; and (iii) babysitting or care-giving performed by residents of the Subdivision for those related to the resident by blood, marriage, or adoption are excepted herefrom.
  • Section 3.2 - GARAGE, ESTATE, OR YARD SALES - No Owner shall have more than two (2) garage, estate, yard or other types of sales in any twelve (12) month period. No garage, estate, yard or other type of sale shall have a duration of more than three (3) days.
  • Section 3.3 - PARKING OF VEHICLES - No vehicles shall be parked on the grass or non-paved area of a Lot. No Owner shall park or permit his visitors, servants, or guests to park their vehicles in a manner which blocks ingress or egress of any person upon any other property within the Subdivision or blocks sidewalks andlor traffic on the public streets within the Subdivision. Not more than one (1) Commercial vehicle which is one (1) ton or less in weight. may be parked on a Lot at any given time.
  • Section 3.4 - PROHIBITED VEHICLES - Commercial vehicles larger than one (I) ton, school or church buses andlor vans, tractors, mobile homes, recreational vehicles, racing vehicles, trailers (either with or without wheels), campers, camper trailers, boats, and other watercraft, boat trailers, machinery or equipment of any kind, and vehicles which exceed six feet (6') ten inches (10") in height, or eight feet (8') in width, or twenty-four feet (24') in length, shall be parked only in enclosed garages; provided that, a customized van that is used as a family vehicle and exceeds the dimensions set forth above is permitted to be parked on the driveway of a Lot. Stored vehicles and vehicles which are either inoperable or do not have current license plates and inspection stickers, shall not be permitted in the Subdivision, except within enclosed
    garages or other enclosures approved by the Architectural Control Committee. For purposes of this Section 3.4, a vehicle shall be considered "stored" if it is, without prior approval of the Board: (i) not moved from the Lot for ten (10) consecutive days; or (ii) placed on blocks or covered with a tarpaulin for ten (10) consecutive days. Notwithstanding the foregoing, service and delivery vehicles may be parked in the Subdivision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Residential Dwelling.
  • Section 3.5 - REPAIR OF VEHICLES - Except for emergency repairs to a vehicle required in order to promptly remove an inoperable vehicle or disabled vehicle from the Subdivision or to a garage or other approved enclosure on a Lot, no vehicles may be repaired on a Lot unless the vehicle being repaired is concealed from public view inside a garage or other approved enclosure. Notwithstanding the foregoing, repairs to Occupant Vehicles that do not exceed three (3) days in any seven (7) day period of time, shall be permitted.
  • Section 3.6 - LOT AND BUILDING MAINTENANCE - The Owners and/or occupant(s) of all Lots shall at all times: (i) keep all trees, bushes and shrubs neatly trimmed; (ii) keep all weeds and grass thereon maintained at a reasonable height and in a neat and attractive condition; (iii) keep the grass and weeds adjacent to curbs, driveways or other paved areas edged; (iv) prevent grass and weeds from growing in cracks in sidewalks and driveways; (v) keep all trees overhanging streets/sidewalks trimmed to at least fourteen (14) feet above the street and ten (10) feet above sidewalks; (vi) remove dead leaves, trees andlor shrubs; (vii) maintain existing gas lights in a neat and attractive condition; (viii) maintain mailboxes in good repair; (ix) maintain rain gutters in good repair; and (x) otherwise keep, maintain, and use such Lots in a sanitary, healthful and attractive manner. These requirements shall be applicable to all portions of a Lot, including the front, rear and side yards. In the event that a tree is removed from a Lot, the stump of the tree must be ground or otherwise removed and the resulting hole must be covered with sod. No Owner or occupant of a Lot shall use any Lot for storage of material and equipment except for normal residential requirements or incidental to construction of improvements thereon as herein permitted The accumulation of garbage, trash, or rubbish of any kind or the burning of any materials is prohibited. No Residential Dwelling or other building, structure, or improvement upon any Lot shall be permitted to fall into disrepair, and each such Residential Dwelling, building. structure, or improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished by the Owner of the Lot at such Owner's sole cost and expense. In the event of default on the pan of the Owner or occupant of any Lot in observing any or all of the above requirements, such default continuing after ten (10) days written notice thereof, the Association through its Board of Directors, its agents, servants or employees, may, without liability to Owner or occupant, in trespass or otherwise, but without being under any duty to do so, enter upon said Lot and cut, or cause to be cut, such trees, shrubs, weeds and grass and remove, or cause to be removed, or do anything necessary to secure compliance with this Section 3.6 and to place such Lot, Residential Dwelling, other building, structure, or improvement in a neat, attractive, healthful andlor sanitary condition, and shall charge the Owner or occupant of such Lot for the cost of such work. The Owner and/or occupant, as the case may be, agrees by the purchase or occupation of the Lot to pay such statement within ten (10) days of receipt thereof Any sums not paid shall constitute a Reimbursement Assessment, the payment of which shall be secured by the lien established in Article VII of this Declaration. Only traditional lawn furniture visible from the street. Lawn furniture made of wrought iron, treated wood, resin and webbed material maintained in good condition may be visible from the street. No upholstered chairs, sofas or automobile seats are permitted on a lot if visible from the street.
  • Section 3.7 - NUISANCES - No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot and no odors shall be permitted to arise therefrom, so as to render any such Lot or any portion thereof unsanitary, unsightly, offensive, odorous, or detrimental to any other Lot in the vicinity thereof or to its occupants. No air conditioning equipment, machine or any other device producing continuous or intermittent sound levels in excess of sixty five (65) decibels during the daytime and fifty eight (58) decibels at night within a five foot (5') radius of any Lot shall be operated or maintained on any Lot. Noisy outside construction or yard work or noisy interior construction work shall not be permitted before 8:00 o'clock a.m. and shall not be permitted after 9:00 p.m. No nuisance or annoyance of any type shall be permitted to exist or operate upon any Lot. The Board is empowered to determine what activity constitutes a nuisance or annoyance in violation of this Section and its determination shall be binding on all Owners.
  • Section 3.8 - TRASH CONTAINERSIYARD CLIPPINGSIHEAVY TRASH - No garbage or trash shall be placed or kept within the Subdivision except in covered or closed containers or recycling bins, if allowed by the Association's then current trash disposal contractor. In no event shall trash containers, recycling bins or yard clippings be maintained on a Lot so as to be visible from any street, except to make the same available for collection and then only after 6:00 p.m. the night before the day of collection until 6:00 p.m. on the day of collection. Heavy trash shall not be placed at the curb for pick up more than seven (7) days prior to scheduled collection. For purposes hereof, "heavy trash" shall include all items defined as such in the then existingcontract between the Association and its trash disposal contractor. Tires may not be stored on property and must be disposed of by Owner (garbage truck people will not pick up.)
  • Section 3.9 - CLOTHES DRYING - No outside clothesline or other outside facilities for drying or airing clothes shall be erected, placed or maintained on any Lot if visible from any street.
  • Section 3.10 - ANIMALS - No livestock, poultry or birds, other than a reasonable number of generally recognized household pets, shall be maintained on any Lot and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. In no event may more than three (3) household pets be kept on any Lot at any given time. No animal or bird shall be allowed to make an unreasonable amount of noise, run loose or to become a nuisance. No structure for the care, housing, or confineinent of any animal or bird shall be maintained so as to be visible from any street or neighboring Lot. The Board shall have the authority to determine, in its sole and absolute discretion, whether, for the purposes of this section, a particular animal or bird is a generally recognized house or yard pet, or a nuisance, or whether the number of animals or birds on any Lot is reasonable. The Board shall have the right to adopt further reasonable rules and regulations providing for the control of animals in the Subdivision.
  • Section 3.11 - SIGNS - No sign of any kind shall be displayed to public view on any Lot, except one (1) sign from each of the following categories of not more than six ( 6 ) square feet area, which is used to: (a) advertise the property for sale; (0) indicate security services; (c) identify the builder or contractor while original construction of a Residential Dwelling is in progress on such Lot; or (d) such other signs as approved by the Board of Directors. Political signs may be displayed to promote a political candidate, party or issue for a period of time beginning no earlier than three (3) weeks prior to the date of the election or referendum and ending three (3) days after the election or referendum. In the event of default on the part of any Owner or occupant of any Lot in complying with the terms of this Section 3.11, the Association, through its Board or the Board's agents, servants or employees may, without liability to the Owner or occupant, in trespass or otherwise remove or cause to be removed and destroyed the signs in violation ofthis Section.
  • Section 3.12 - WINDOW COVERING - Unless otherwise approved by the Architectural Control Committee, no window in a Residential Dwelling shall be covered with foil, boards, bed sheets, newspaper, paper, cardboard, or any other material which is not commonly recognized as an appropriate window covering.
  • Section 3.13 - FIREARMS - The discharge of firearms within the Subdivision, except as allowed by law for the protection of persons or property, is prohibited. The term "firearms" includes "9-B" guns, pellet guns, and other firearms of all types regardless of size.
  • Section 3.14 - OIL AND MINING OPERATIONS - No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall any 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 3.15 - STORAGE - Without the prior written consent of the Architectural Control Committee, no building materials of any kind or character, which are visible from any street or other Lot, shall be placed or stored on any Lot more than seven (7) days before the commencement of construction of a Residential Dwelling, structure or other improvement on the Lot. All materials permitted to be placed on a Lot shall be placed within the property line of the Lot.
  • Section 3.16 - SEWAGE DISPOSAL - No cesspool or other individual sewage system shall be constructed or used on any Lot.
  • Section 3.17 - DRAINAGE - No wall, fence, structure, hedge, trees, shrubs or other obstacles shall be planted, erected, and/or constructed so as to prevent natural surface drainage across the adjoining Lots. No structure, planting or other materials shall be placed or permitted to remain or other activity undertaken which may damage or interfere with established slope ratios, create erosion or slippage problems, or which may change the direction or flow of drainage channels or obstruct or retard the flow of water through drainage channels. The slope controlled areas o f each L o t and all improvements on them shall be maintained by the Owner of the Lot (except for those improvements for which a utility company is responsible) in such a manner as to comply with this Section so as not to cause harm or interference with the natural surface drainage of any adjoining Lots.
  • Section 3.18 - SOLICITATION - No solicitation will be allowed within the Subdivision by any organization, business, corporation, or individual without prior written approval of the Board of Directors.
  • Section 3.19 - REPAIR OF BUILDINGS. No Residential Dwelling or other building or structure upon any Lot shall be permitted to fall into disrepair, and each such Residential Dwelling, building, or structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished by the Owner of the Lot at such Owner's sole cost and expense. In the event of a fire or other casualty causing damage or destruction to a Lot or the Residential Dwelling located thereon, the Owner of such damaged or destroyed Lot or Residential Dwelling shall within ninety (90) days after such fire or casualty contract to repair or reconstruct the damaged portion of such Lot or Residential Dwelling and shall cause such Lot or Residential Dwelling to be fully repaired or reconstructed in accordance with the original plans therefor, or in accordance with new plans presented to and approved by the Architectural Control Committee, and shall promptly commence repairing or reconstructing such Residential Dwelling, to the end that the Residential Dwelling shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof Alternatively, such damaged or destroyed Residential Dwellingshall be razed and the Lot restored as nearly as possible to its original condition within ninety (90) days of its damage or destruction. In the event that the repair and reconstruction of the Residential Dwelling has not been commenced within ninety (90) days after such fire or casualty and the damaged or destroyed Residential Dwelling has not been razed and the Lot restored to its original condition, the Association andlor any contractor engaged by the Association, upon ten (10) days written notice to the Owner at the Owner's last known mailing address according to the records of the Association, shall have the authority but not the obligation to enter upon the Lot, raze the Residential Dwelling and restore the Lot as nearly as possible to its original condition. Any costs incurred by the Association to raze the Residential Dwelling and to restore the Lot to its original condition, plus fifty percent (50% of such costs for overhead and supervision, shall constitute a Reimbursement Assessment, the payment of which shall be secured by the lien established in Article VII of this Declaration. Interest thereon at the rate of ten percent (10%) per annum shall begin to accrue on such sum on the thirtieth (30th) day after the date a written invoice is delivered to the Owner.
  • Section 3.20 - SIDEWALKS AND DRIVEWAYS. The Owner of a Lot shall be responsible for the maintenance and repair of any sidewalk located on the Lot or in the public right- of-way adjacent to the Lot. The Owner of a Lot shall be responsible for the maintenance and repair of the driveway on the Lot. No Owner shall allow grass and/or weeds to grow in the expansion joints of any sidewalk or driveway or allow oil stains on the driveway.
  • Section 3.21 - HOUSE NUMBERS. House numbers shall be displayed on each Lot either on the exterior of the Residential Dwelling or on the curb in front of the Lot. If displayed on the exterior of the Residential Dwelling, the house numbers shall be a single color that contrasts with the exterior color of the Residential Dwelling and at a location visible from the street in front of the Lot. The size, location and color of house numbers are subject to the approval ofthe Architectural Control Committee.
  • Section 3.22 - SHOPPING CARTS. No grocery store or other type of shopping cart is permitted on a Lot or the Common Area for any length of time if visible from any street in the Subdivision.

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