BUILDING RESTRICTIONS
-PAGE ONE -
BURTON HOLLOW ESTATES SUBDIVISION NO. 2-- Plat, Liber 84, Pages 23, 24 and 25
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Liber 14032, Page 419,
Wayne County Records,
Register No. E-453602.
(Recorded - August 28, 1959).
This Agreement, made and entered into by and between the undersigned, who are the owners and parties in interest in the above captioned Subdivision, and for the purpose of establishing uniform restrictions for the benefit of the respective properties heretofore mentioned, agree and recite that in consideration of the mutual exchange of properties by the undersigned, and for the benefit of the property above described, the following restrictions, which shall run with the land, and shall be binding upon all the parties hereto, their heirs, successors or assigns:
LAND USE AND BUILDING TYPE
No Lot shall be used for other than one-family residential purposes. No building or structure shall be erected, altered, placed, or permitted to remain upon any Lot other than one detached one-family dwelling not exceeding two stories in height and one private one-story garage or carport for not more than three cars. No other outbuildings of any kind shall be constructed, placed or maintained, except that a one-story children's play house not more than 60 square feet in floor area may be permitted within the rear yard at least 10 feet distant from the residential structure.
RESIDENTIAL STRUCTURE - COST AND QUALITY
No dwelling costing less than $14,000.00 shall be permitted on any lot. Such cost shall be based on cost of materials and labor prevailing as of the date these covenants are recorded, it being the intention and purpose to assure that all dwellings shall be of substantially the same or better quality as to workmanship and materials as the same minimum dwellings which can be produced on the date these covenants are recorded. The exterior of all residential structures, garages, carports and permitted outbuildings shall be completed, including at least two coats of paint on all exterior woodwork, within six months from date of commencement of construction.
RESIDENTIAL STRUCTURE - SIZE AND HEIGHT
No residential structure shall be erected, placed, altered on any lot which will not conform in height and size to that hereinafter specified.
TWO-STORY RESIDENTIAL STRUCTURES - FULL BASEMENT
Two-story residential structures having a full basement shall have an area of not less than 650 square feet at first floor level and 650 square feet at second floor level.
TWO-STORY RESIDENTIAL STRUCTURES - NO BASEMENT
Two-story residential structures not having a basement of at least 350 square feet shall have a livable area on each floor of not less than 725 square feet.
ONE AND ONE-HALF STORY RESIDENTIAL STRUCTURE - FULL BASEMENT
One and one-half story residential structures having a full basement shall have a livable area at first floor level of not less than 1000 square feet, and the second floor level shall have a livable area of not less than 300 square feet.
ONE AND ONE-HALF STORY RESIDENTIAL STRUCTURES - NO BASEMENT
One and one-half story residential structures not having a basement shall have a livable area of not less than 1100 square feet at first floor level and a livable area of not less than 400 square feet at second floor level.
(SEE PAGE 2)
-PAGE 2. -
BURTON HOLLOW ESTATES SUBDIVISION NO. 2-- Plat, Liber 84, Pages 23, 24 and 25
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Liber 14032, Page 419,
Wayne County Records,
Register No. E-453602.
ONE STORY RESIDENTIAL STRUCTURES - FULL OR PART BASEMENT
One story residential structures having a basement shall have a first floor level of not less than 1100 square feet. However, unless the floor area of such basement is equal to at least 600 square feet, the same requirements for houses without a basement shall prevail.
ONE-STORY RESIDENTIAL STRUCTURES - NO BASEMENT
One story residential structures not having a basement shall have a livable first floor area of not less than 1200 square feet.
In computing "Square foot area" fully enclosed and heated porches, enclosed breezeways and exterior walls may be included, but such enclosed porches and breezeways shall not be credited for more than one hundred square feet of the aggregate amount. Garages, carports and open or unheated porches and breezeways shall not be included in computing such required floor area.
RESIDENTIAL STRUCTURES - TYPE OF CONSTRUCTION
Exterior walls of residential structures shall be constructed of brick veneer, stone veneer, cedar, white pine or cypress siding, cedar shakes or shingles, vertical tongue and groove siding, exterior plywood or other exterior siding material, except asbestos siding or asbestos shingles, which in the opinion of the architectural committee is deemed appropriate or equal in quality and appearance. No cinder block or concrete blocks shall be used where exposed above the level of first floor.
GARAGES-CARPORTS-BREEZEWAYS-OTHER ACCESSORY BUILDINGS
Exterior walls of garages, breezeways or other permitted accessory buildings shall be constructed only of materials permitted for residential structures. Breezeways shall have a roof pitch and cornice consistent with the architectural lines of the main residence or attached garage or carport. All carports shall be attached to the main residential structure.
TEMPORARY BUILDINGS OR OTHER STRUCTURES
No old or used structure of any kind shall be moved upon any lot. No temporary structure of any character, such as a tent, trailer, shack, barn, garage or outbuilding shall be erected or placed on any lot prior to construction of the main residence. This shall not prevent maintaining temporary buildings used incidental to the construction of the main residential structures. House trailers shall not be parked on premises unless stored within a garage as permitted in this Covenant.
FINISHED GRADE LINES
The finish grade or established soil line at the main residential structure shall not be more than 24 inches above the street pavement level.
BUILDING LOCATION AND SETBACK LINES
No building or structure shall be erected, altered or placed on any lot nearer than 25 feet to the front lot line, or nearer than 25 feet to any side street lot line.
(SEE PAGE 3)
-PAGE 3. -
BURTON HOLLOW ESTATES SUBDIVISION NO. 2-- Plat, Liber 84, Pages 23, 24 and 25
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Liber 14032, Page 419,
Wayne County Records,
Register No. E-453602.
The aggregate width of the side yards shall not be less than 15 feet, except as hereinafter provided for attached garages or attached carports. No residential structure shall be placed nearer than 5 feet to any side lot line and that side yard in which the driveway will be situated shall not be less than ten feet.
Garages or carports attached to the residential structure shall not extend beyond the front building line. When the garage or carport is attached to and made an integral part of the residential building, the aggregate width of side yards may be reduced to ten feet, each such side yard shall have a minimum width of five feet. In such cases no detached garage shall be permitted in the rear yard.
No detached garages shall be permissible on Lots 177, 180 through 221, both inclusive. Detached garages where permitted shall be located on the rear one-third of any lot and shall be at least 8 feet from the residential structure and shall be not less than 3 feet from any side lot line, and at least six feet from the rear lot line.
For the purposes of this covenant open porches, terraces, fireplaces or chimney projections shall not be considered as part of the residential structure, provided, however, that no such structure shall be less than 5 feet to any interior side lot line or nearer than 30 feet to any front lot line or 20 feet from any side lot line.
LOT AREA AND WIDTH
No lot shall hereafter be reduced in area or width from that shown in the plat. Lots may be divided, but in no case shall any division of lots create a parcel less than 80 feet in width at the front lot line.
BASEMENTS:
Basements f or installation and maintenance of public utilities and drainage facilities as shown in the recorded plat are reserved for those purposes only.
SIDE DRIVES
Excepting corner lots and other lots where a reversal of the plan is deemed necessary by architectural control committee. Space for side drives for detached garages of not less than 10 feet shall be maintained on the right side of the residential structure when viewed from the street, it being the intention of this covenant to provide uniformity of drive locations and a minimum space of 15 feet between residential structures, except in cases where garages and carports are attached.
FENCES
Only ornamental wire or wood open ranch type of fences not exceeding 5 feet in height shall be erected, placed, altered or permitted, except ornamental posts not exceeding 6 feet in height may be used.
It is the intention to prohibit solid fences of boards, planks or logs; therefore any fence not having an open area equal to 70 percent of the gross area shall not be erected, placed, altered or permitted, provided, however, that masonry walls having footings not less than 3 feet six inches below soil line may be erected with the written consent of the owners of premises abutting those premises upon which such walls are to be erected and the Architectural Control Committee. The Architectural Control Committee shall not grant consent until certified copies of such written consent is submitted to it.
(SEE PAGE 4)
-PAGE 4. -
BURTON HOLLOW ESTATES SUBDIVISION NO. 2-- Plat, Liber 84, Pages 23, 24 and 25
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Liber 14032, Page 419,
Wayne County Records,
Register No. E-453602.
LOCATION OF FENCES
No fence or structure of any kind, except public utilities, shall be erected, placed, altered or permitted on any portion of Lots 177, 180 through 221, both inclusive, between the rear lot lines and the beginning of the upward slope of said lots. No such fence shall be erected or maintained beyond the rear line of the main residential structure. No hedges shall be permitted nearer to any street than the established setback or building line nor shall such hedges exceeding 4 feet in height be permitted at side dividing property lines.
TREES AND SIGHT DISTANCE AT INTERSECTION
No fence, wall hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 20 feet from the intersections of the street lines, or in case of a rounded property corner from the intersection of the street property lines extended, the same sight line limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway. No tree shall 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.
SIGNS
No sign of any kind shall be displayed to the public view on any lot except one professional sign not more than one square foot in area or one sign not more than five square feet in area only for the purpose of advertising the property for sale or rent, or signs used by the builder or real estate agent to advertise the property during construction or early development period.
LIVESTOCK-POULTRY-ANIMALS
No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot except that not more than two animals (dogs and cats) may be kept as household pets provided they are not kept, bred, or maintained for any commercial purposes.
Dog kennels or shelters for such permitted animals shall be permitted only when they are an integral part of a permitted garage or accessory building.
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 oil wells, tanks, tunnels, mineral excavations or shaft be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Every residential structure shall be provided with an approved type of garbage disposal unit.
All incinerators or other equipment on premises for disposal of rubbish or garbage shall be kept in a clean and sanitary condition.
(SEE PAGE 5)
-PAGE 5. -
BURTON HOLLOW ESTATES SUBDIVISION NO. 2-- Plat, Liber 84, Pages 23, 24 and 25
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Liber 14032, Page 419,
Wayne County Records,
Register No. E-453602.
ARCHITECTURAL CONTROL
It is the intention to control the type and appearance of residential structures so as to create a desirable and consistent pattern of development and to prevent the erection of structures which are not deemed compatible with others in the vicinity within the province of this covenant.
Complete plans and specifications, including a lot plot, for any building or structure, except open ornamental fences as herein permitted without approval shall be submitted in duplicate to the Architectural Control Committee hereinafter specified before beginning any excavation or construction therefor.
The Architectural Control Committee shall approve or disapprove such plans or specifications, in writing, within 30 days after submission to it, if no suit to enjoin construction has been commenced. If such approval or disapproval is not rendered within such period the related covenants shall be deemed complied with, provided said plans and specifications on their face are in accordance with such Covenants.
ARCHITECTURIAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Joseph F. Slavik, Stephan F. Slavik, and Vince R. Provenzano. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative shall be entitled to compensation for services performed pursuant to this Covenant. At any time after three years from date of recording hereof, the owners of record of 75 percent of the lots in the Subdivision have the right, through a duly-recorded written instrument, to change the membership of the Committee or to withdraw or to restore any of the powers herein granted to it. The terms of members of this Committee shall expire three years from the date of recording.
ANTENNA
No radio or television antenna shall be permitted other than the type commonly used for domestic, residential use, provided however, no radio or television aerial shall exceed 8 feet in height above the roof of any structure.
GENERAL PROVISIONS
These Covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of 35 years from and after the date of recording of this Agreement, after which date said Covenants shall be automatically extended for successive periods of ten years each, unless an instrument signed by the owners of record of a majority of the Lots in the Subdivision has been recorded changing or modifying said restrictive covenants in whole or in part.
ENFORCEMENT
Enforcement of these restrictions shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages and may be bought by any person owning any lots or sites herein above described.
SEVERABILITY
Invalidation of any one of these Covenants by judgment or decree shall in nowise affect any of the other provisions which shall remain in full force and effect.
