BUILDING RESTRICTIONS
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BURTON HOLLOW ESTATES SUBDIVISION NO. 5-- Plat, Liber 87, Pages 83 and 84
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Deed, Liber 15524, Page 573,
Register No. E-928891
RECORDED - December 11, 1964
LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No structure shall be erected, altered, placed, or permitted to remain on any lot or building plot other than one detached single family private dwelling, not to exceed two stories in height and an attached private garage or carport for not more than three cars.
No structure shall be erected, altered, placed or permitted to remain on any lot or building plot containing less than a minimum required frontage of 80 feet at the building line unless approved by the Architectural Control Committee. However, nothing herein contained shall be construed to prohibit the sale by an owner of land in excess of a minimum required frontage of 80 feet to the owner of adjoining lot or lots in order to increase the size of an adjoining building plot, but nothing herein contained shall be construed as to permit the division of the lots into building sites or building plots in excess of the number of lots in said subdivision.
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 625 square feet on first floor level and 625 square feet on second floor level.
TWO-STORY RESIDENTIAL STRUCTURES - NO BASEMENT: Two-story residential structures shall have an area of not less than 700 square feet on the first floor level and 700 square feet on second floor level.
ONE AND ONE-HALF STORY RESIDENTIAL STRUCTURE - FULL BASEMENT: One and one-half story residential structures shall have a livable area at first floor level of not less than 950 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 STRUCTURE - NO BASEMENT: One and one-half story residential structures shall have a livable area of not less than 1100 square feet at first floor level and a livable area of not less than 300 square feet at second floor level.
ONE STORY RESIDENTIAL STRUCTURES - FULL OR PARTIAL 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 1,200 square feet.
(SEE PAGE TWO)
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BURTON HOLLOW ESTATES SUBDIVISION NO. 5-- Plat, Liber 87, Pages 83 and 84
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Deed, Liber 15524, Page 573,
Register No. E-928891
RECORDED - December 11, 1964
RESIDENTIAL STRUCTURES - TYPE OF CONSTRUCTION: (a) The exterior part of external walls of residence structures including all enclosed heated areas and garages shall be constructed only of natural stone, pressed brick, mission brick, or other brick of equal quality, but not artificial stone. Artificial stone may be used only if approved by the Architectural Control Committee. Cedar, white pine, aluminum or cypress siding with an exposure of not less than eight inches to the weather and cedar shakes, vertical tongue and groove siding or ornamental plywood may be used if not less than 40 per cent of the exterior part of external walls, excluding gable ends, are of brick, an approved type of artificial stone, or natural stone. No cinder or concrete blocks may be used in the exposed portion of external walls. No stucco or cement or asbestos siding or imitation materials (except approved artificial stone) or used materials (except reclaimed brick) may be used in the exterior part of the external walls.
(b) No old or used structure of any kind shall be moved upon any lot or building plot. No structures of a temporary character, trailer, basement, tent, shack, garages, barn or other outbuildings shall be constructed or placed on any lot or building plot (except such as may be used during the construction of the residence and garage) or used on any lot or building plot at any time as a residence, either temporarily or permanently. In the event an owner or occupant shall have a private trailer, truck, boat or commercial vehicle, the same must be housed in a suitable private garage at all times.
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 and shall conform with the main structure. All carports shall be attached to the main residential structure.
FINISHED GRADE LINES: The maximum finish grade shall be established by the Architectural Control Committee. No structure shall be erected, altered placed or permitted to remain on any lot unless in conformity to the established grade line.
BUILDING LOCATION AND SETBACK LINES: No building or structure shall be erected, altered or placed on any lot nearer than 35 feet to the front lot line, or nearer than 25 feet to any side street lot line. The aggregated width of the side yards shall be not less than 15 feet. No residential structure shall be placed nearer than six feet to any side lot line. This paragraph applies to a one car, one and one-half car and two car attached garage or carport. Garages or carports attached to the residential structure shall not exceed beyond the front building line.
LOT AREA AND WIDTH: No lot shall hereafter be reduced in area or width from that shown in the plat, excepting the division of lot 617 shall be permitted with part of lot 532 of Burton Hollow Estates Subdivision No. 4. 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 building line.
(SEE PAGE THREE)
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BURTON HOLLOW ESTATES SUBDIVISION NO. 5-- Plat, Liber 87, Pages 83 and 84
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Deed, Liber 15524, Page 573,
Register No. E-928891
EASEMENTS: Easements f or installation and maintenance of public utilities and drainage facilities as shown in the recorded plat are reserved for those purposes only.
FENCES: only ornamental wire or wood open ranch type of fences not exceeding five feet in height shall be erected, placed, altered or permitted, except ornamental posts not exceeding six 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 three 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 shall not grant consent until certified copies of such written consent is submitted to it.
LOCATION OF FENCES: No fence shall be erected or maintained between the rear building line of the main residential structure and the front lot line, except where a side grade door may exist, then said fence may be constructed from the rear lot line to approximately a distance of not more than two feet beyond the side grade door. With reference to lots 617 through 639 inclusive, no fence or structure of any kind, except public utilities, shall be erected, placed, altered in the designated area known as the “flood plain” or “ravines”.
Back to back corner lots shall have fence constructed to extend from rear of main residential structure to side lot line, and then extended to rear lot line.
Corner lots having double frontage shall have fence constructed to start from rear main residential structure directly to rear lot line. In no case shall a fence extend beyond front building line of any residential structure of adjoining properties.
No hedges shall be permitted nearer to any street than the established setback or building line, nor shall such hedges exceeding four 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 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.
(SEE PAGE FOUR)
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BURTON HOLLOW ESTATES SUBDIVISION NO. 5-- Plat, Liber 87, Pages 83 and 84
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Deed, Liber 15524, Page 573,
Register No. E-928891
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.
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.
(SEE PAGE FIVE)
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BURTON HOLLOW ESTATES SUBDIVISION NO. 5-- Plat, Liber 87, Pages 83 and 84
Wayne County Records
BUILDING AND USE RESTRICTIONS--------------Deed, Liber 15524, Page 573,
Register No. E-928891
ARCHITECTURIAL CONTROL COMMITTEE: The Architectural Control Committee is composed of Joseph F. Slavik, Stephan F. Slavik, and Robert L. Hauser. 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 or aerial 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 brought 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.
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