Vistas of C P1-CS 970611stored, kept, placed or maintained on any Lot where visible from any street except solely on a day designated
for removal of garbage and rubbish and on which days only such cans, bags, containers, and receptac]es may
be placed in front of a residence and beside a street for removal but will be removed from view before the
following day. Materials incident to construction of improvements may be stored on Lots during construction
by Declarant. '
Section 9.8 Air-Conditioning Units. No air-conditioning apparatus will be installed on the
ground in front of a residence nor will any air-conditioning apparatus or evaporative cooler be attached to any
front wall or any window of a residence.
Section 9.9 Sight Distance at Intersections. Unless City standards are more rigorous, no fence,
wail, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways
will be placed or permitted to remain on any comer Lot within the triangular area formed by the street
boundary lines and a line connecting them, at points 25 feet from the intersection of such street boundary lines,
or in the case of a rounded property comer, from the intersection of the street boundary lines extended. Also,
unless City standards are more rigorous, the same sight line limitations will apply on any Lot within 10 feet
from the intersection of a street boundary line with the edge of a driveway or alley pavement. No tree will be
permitted to remain within such distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
Section 9.10 Parking. No vehicles, trailers, implements or apparatus may be driven or parked in
the Common Areas, the Common Maintenance Areas or on any easement unless such vehicle, trailer,
implement or apparatus is in use for maintaining such area or easement, provided, however, that this restriction
will not apply to driveways or streets intended for vehicular use.
Section 9.11 Commercial or Institutional Use. No Lot, and no building erected or maintained
on any Lot, will be used for manufacturing, industrial, business, professional, commercial, institutional or other
non-residential purposes, except as set forth in Article VII.- No activity, whether for profit or not, will be
conducted which is not related to single-family residential purposes. Nothing in this section will prohibit an
owner's use of a residence for quiet, inoffensive activities such as tutoring or giving art lessons as long as such
activities do not materially increase the number of cars parked on the street or interfere with adjoining
homeowners' use and enjoyment of their residences and yards.
Section 9.12 Detached Buildings. No detached accessory buildings, including, but not limited
to, detached garages (other than provided herein) and storage buildings, will be erected, placed or constructed
upon any Lot without the prior consent of the ACC. Every outbuilding, inclusive of such structures as a
storage building, greenhouse or children's playhouse will be compatible with the dwelling to which it is
appurtenant in terms of its design and material composition. Outbuildings, other than garages built by
Declarant, will be ora l-story, design and not exceed 15 feet in height measured from existing grade or have
total floor area in excess of 10% of the floor area of the main dwelling.
Section 9.13 Fences. Ali fences and walls will comply with City requirements. No fence, wall
or hedge will be erected or maintained on any Lot nearer to the street than the building setback lines for the
front and side yards, except for fences erected in conjunction with model homes or sales offices. Fences
constructed on comer lots must be erected on the corresponding building line for the side yard as long as such
fencing complies with City requirements. All perimeter fences will be constructed of wood, brick and/or
masonry except for retaining walls installed by Declarant or retaining walls or decorative walls approved by
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stored, kept, placed or maintained on any Lot where visible from any street except solely on a day designated
for removal of garbage and rubbish and on which days only such cans, bags, containers, and receptacles may
be placed in front ora residence and beside a street for removal but will be removed from view before the
following day. Materials incident to construction of improvemen, ts may be stored on Lots during construction
by Declarant.
Section 9.8 Air-Conditioning Units. No air-conditioning apparatus will be installed on the
ground in front of a residence nor will any air-conditioning apparatus or evaporative cooler be attached to any
front wall or any window of a residence.
Section 9.9 Sight Distance at Intersections. Unless City standards are more rigorous, no fence,
wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways
will be placed or permitted to remain on any corner Lot within the triangular area formed by the street
boundary lines and a line connecting them, at points 25 feet from the intersection of such street boundary lines,
or in the case of a rounded property comer, from the intersection of the street boundary lines extended. Also,
unless City standards are more rigorous, the same sight line limitations will apply on any Lot within 10 feet
from the intersection of a street boundary line with the edge of a driveway or alley pavement. No tree will be
permitted to remain within such distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
Section 9.10 Parking. No vehicles, trailers, implements or apparatus may be driven or parked in
the Common Areas, the Common Maintenance Areas or on any easement unless such vehicle, trailer,
implement or apparatus is in use for maintaining such area or easement, provided, however, that this restriction
will not apply to driveways or streets intended for vehicular use.
Section 9.11 Commercial or Institutional Use. No Lot, and no building erected or maintained
on any Lot, will be used for manufacturing, industrial, business, professional, commercial, institutional or other
non-residential purposes, except as set forth in Article VII. No activity, whether for profit or not, will be
conducted which is not related to single-family residential purposes. Nothing in this section will prohibit an
owner's use ora residence for quiet, inoffensive activities such as tutoring or giving art lessons as long as such
activities do not materially increase the number of cars parked on the street or interfere with adjoining
homeowners' use and enjoyment of their residences and yards.
Section 9.12 Detached Buildings. No detached accessory buildings, including, but not limited
to, detached garages (other than provided herein) and storage buildings, will be erected, placed or constructed
upon any Lot without the prior consent of the ACC. Every outbuilding, inclusive of such structures as a
storage building, greenhouse or children's playhouse will be compatible with the dwelling to which it is
appurtenant in terms of its design and material composition. Outbuildings, other than garages built by
Declarant, will be ora l-story, design and not exceed 15 feet in height measured from existing grade or have
total floor area in excess of 10% of the floor area of the main dwelling.
Section 9.13 Fences. All fences and walls will comply with City. requirements. No fence, wall
or hedge will be erected or maintained on any Lot nearer to the street than the building setback lines for the
front and side yards, except for fences erected in conjunction with model homes or sales offices. Fences
constructed on comer lots must be erected on the corresponding building line for the side yard as long as such
fencing complies with City requirements. All perimeter fences will be constructed of wood, brick and/or
masonry' except for retaining walls installed by Declarant or retaining walls or decorative walls approved by
Declaration of Covenants, Conditions and Restrictions - Page 14
gSlegal\dfwnonh\ccrs\copp¢ll.~spd (6-11-97)
the ACC. All side and rear property lines must be fenced and meet City set-back criteria. All perimeter fences
will be 6 feet in height unless another height is approved by the ACC but, in any event, no such fence will be
less than 4 feet in height or greater than 8 feet in height. No chain-link, metal cloth or agricultural fences may
be built or maintained on any Lot unless such fence is located within the perimeter fence in such a manner that
it is not visible from any street, alley, park, Common Area or public area (unless otherwise approved by the
ACC in the manner described below). Unless otherwise agreed between Owners, side and rear yard fences
that separate adjacent Lots will be owned and maintained by the Owner on whose Lot the fence exists, or if
the location is indefinite, such fence will be maintained by the Owners whose Lots are involved jointly with
expenses being shared equally. Notwithstanding the foregoing, the ACC will has the right and authority to
approve variances of fencing height, material and/or location for reasonable cause or to alleviate hardship as
determined in the sole judgment of the ACC; provided however, the ACC may not approve a variance which
contradicts the zoning and/or subdivision ordinances of the City unless the City has previously approved the
variance.
Section 9.14 Sidewalks. All sidewalks will conform to City specifications and regulations. Ifa
homeowner, its representative, agent or employee, causes damage to any sidewalk located on or adjacent to
such homeowner's Lot, the homeowner must repair or replace the sidewalk so that it will be returned to its
original condition on or before 45 days following the date such damage occurred.
Section 9.15 Landscaping and Exterior Maintenance. Decorative ground cover rock in the front
and side yard may not exceed 10% of the total area of the front and side yard. Grov, lh of grasses in lawns must
be properly maintained not to exceed 6 inches in height. All landscaping located on any Lot will be properly
maintained at all times by the Lot Owner. Each Lot Owner will keep all shrubs, trees, grass, and plantings of
every kind on his Lot cultivated, pruned, free of trash, and other unsightly material. All improvements upon
any Lot will at all times be kept in good condition and repair and adequately painted or otherwise maintained
by the Lot Owner. Declarant, the Association, and the ACC will have the right at any reasonable time to enter
upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary;
and to paint, repair, or otherwise maintain any improvements in need thereof, and to charge the cost thereof
to the Lot Owner.
Section 9.16 Antennae, Satellite Dishes and Solar Collectors. Except with the written
permission of the Declarant or as provided herein, no Owner may erect or maintain (a) any direct broadcast
satellite ("DBS") antenna greater than one meter (39 inches) in diameter, or (b) any multi-channel multipoint
distribution service (wireless cable) ("MMDS") antenna greater than one meter (39 inches) in diameter. The
installation of any antennal structure, including any television broadcast service ("TVBS") antenna, mounted
on the roof ora residential structure will not (i) exceed more than 12 feet over the roof line (including the mast,
if any), (ii) be erected nearer to the lot line than the total height of the antennal structure above the roof, (iii)
be erected near electric power lines, or (iv) encroach upon any street or other public space. Any applicable
DBS or MMDS antenna (being less than one meter in diameter), may be placed in the backyard ora Lot as
long as it is not visible (for aesthetic reasons) from view of any street, alley, park, Common Area or other
public area, unless otherwise approved in writing by Declarant (or unless such a designated location would
impair signal reception of acceptable quality or unreasonably increase the costs of the installation, maintenance
and use of such apparatus). Except with the written permission of Declarant, no solar collector panels may
be placed on or around the residential structure.
Section 9.17 Exterior Finish. All exterior walls of all dwellings, garages and approved accessory
buildings will be completely finished to meet minimum City standards with wood, stucco, brick, stone, lap-
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