Building and Use Restrictions

BUILDING AND USE RESTRICTIONS

4.1 Use of Individual Lots. Use of all Lots shall conform with such zoning, subdivision, building, and other laws, regulations and ordinances as may be applicable. Lots shall be used only for single family residential and/or recreational purpose by the Owner and his family, or by a single-family tenant. No cattle, pigs, goats, poultry , or other livestock or animals shall be permitted. No more than two (2) dogs may be kept on any Lot (the right to keep dogs being conditioned by a requirement that they be kept leashed or within an enclosed area within the Lot at times. A Lot may not be used for commercial or other nonresidential purposes unless approval is first given in writing signed by the Owners of three-fourths (3/4) of all Lots, and unless the proposed use complies with all requirements of any governmental or quasi-governmental agency having juristiction over the property.

4.2 Lot Maintenance. Each Lot and the exterior appearance of improvements thereon shall be maintained in a clean, neat and orderly condition and in good repair at all times. All rubbish, trash and garbage shall be regularly removed from all Lots, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers which shall be kept screened and concealed from the view of other Lots, the Common Areas, and all public ways. All owners shall comply with all garbage disposal and sanitary regulations as established by the Department of Health for Bonner County, Idaho, and the State of Idaho as it pertains to every activity on the Lot.

4.3 Nuisances. No noxious, illegal, or offensive activities shall be carried on within any Lot; nor shall anything be done thereon Which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the other Owners of their respective Lots.

4.4 Improvements. Only one (1) single-family residence shall be allowed on each Lot provided that secondary buildings, such as garages, storage buildings, green houses, sheds, and the like shall be permitted if the total coverage of all buildings (residence and secondary buildings) does not exceed twenty percent (20%) of the total land area of the Lot. The enclosed ground floor area of a residence, exclusive of outbuildings, open or screened porches, decks, patios, garages (attached or detached), atria, and the like, shall not be less than eight hundred (800) square feet, in the case of a single-story residence, or seven hundred (700) square feet, in the case of a multi-story residence. A “daylight basement”, having windows on at least three sides, shall not, be deemed a basement for purposes of this paragraph.

No improvements higher than thirty (30) feet shall be permitted, with the height being determined by measurement tram the highest point vertically to the nearest point of naturally occurring ground.

No improvements shall be located closer than ten (10) feet from any Lot boundary.
The work of construction, altering or repairing any structure shall be diligently performed from its commencement until completion and, in any event, the exterior appearance thereof, including painting and/or staining, shall be completed within one (1) year after the commencement of construction. All construction shall conform to requirements established by any governmental or quasi-governmental agency having jurisdiction over the Property.

Any driveway built over a drainage ditch of any road within or along the property, shall have a standard galvanized metal culvert installed in the appropriate size established by
the Declarant or the Association.

All utilities servicing any Lot shall be under ground, except where special written permission is provided by the Board, in cases where the burial of utility lines would be impractical or prohibitively expensive.

No permanent structures, trees, shrubs, or other improvements or obstacles that would unreasonably interfere with the repair, maintenance , operation, or replacement of water, power, sewer, or other utility lines, shall be allowed.

4.5 Mobile Homes/Trailers Temporary structures/camping. No mobile home, residential trailer, tent, or temporary structure shall be permitted on any Lot. However, these restrictions shall not apply during any period of construction of permanent improvements on a Lot (so long ‘Ill the construction complies with Paragraph 4.4 above). Notwithstanding the forgoing, recreational camping shall be allowed until December 31, 1995, beyond which date camping shall be allowed only during periods of construction in compliance with the limitations set forth in this Article 4.

4.6 Vehicle and Equipment Restrictions. No trailer (other than a boat trailer), commercial vehicle, bus, truck (other than standard size pickup truck), inoperable automobile, or similar equipment, and no vehicle which is in an extreme state of disrepair, shall be permitted to remain upon any Lot, other than temporarily (as for purposes of loading and unloading of passengers or personal property), unless placed or maintained within an enclosed garage, or within such portion of the Common Areas as may be designated by the Board for such use. No noisy or off-road, unlicensed motor vehicles shall be maintained or operated upon the property, except such recreational vehicles as
may have been approved by the Board.

4.7 Timber. Timber growing on a Lot may be used by the Owner for the Owner’s personal firewood, fence, or for construction of buildings or driveways located on that Lot. No timber shall be sold for commercial purposes or cut for sale or use off
the Subject Lot without the consent of the Board.

4.8 Signs. No signs shall be displayed to the public view on any Lot, except such signs as may be approved in writing by the Board. This restriction shall not apply to resident
identification signs, “No Hunting” and/or “No Trespassing” signs, and/or “For Sale” or “For Rent” signs, which shall be allowed provided they do not exceed three (3) square feet in size.

4.9 No Further Subdivision. Lots may not be further subdivided.