Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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and not for commercial purposes. Such domestic pets shall be kept under the control of the Owner of such pets or his/her guests. The Owner of any pet shall immediately remove excrement deposited by said pet upon the Streets and/or the sidewalks and/or the Common Areas and/or the Lots in the Subdivision. Habitual barking, howling, yelping or otherwise noisy pets shall be deemed a nuisance. No horses or barnyard animals shall be kept or allowed to remain on any of the Properties or any part thereof or on any Lot at any time. 5. Dwelling Size. No dwelling shall be erected or allowed to remain on a Lot if the heated floor area of the main structure, exclusive of open porches and garages, shall be less than Three Thousand (3,000) square feet. The Declarant, in its sole and absolute discretion,may grant a variance of up to ten percent(10%)of the minimum dwelling size. 6. Building Setbacks. Unless prior written approval is obtained from the Declarant,no dwelling shall be erected on any Lot so that the front of the dwelling is nearer to the front lot line of said Lot than sixty(60)feet;nor nearer to the rear lot line of said Lot than twenty-five(25) feet; nor nearer to either side lot line of such Lot than ten(10) feet; provided, however, that on corner Lots the dwelling may face either street or may face the corner where said streets intersect but may not be located nearer than fifty (50) feet to one street and no nearer than thirty(30) feet from the other street. For the purposes of this covenant, eaves, steps, stoops, chimneys, uncovered decks not considered a structural part of the dwelling by the Durham County authorities, and uncovered entrances shall not be considered a part of the dwelling, provided, however, that this shall not be construed to permit any portion of a dwelling to encroach upon another Lot or upon any Common Areas. Should there be any differences between the minimum building set-backs requirements depicted on any. of the plats/maps of the Subdivision recorded in the Office of the Register of Deeds of Durham County, North Carolina and the minimum building setback requirements imposed in the Declaration, the more restrictive provision shall take precedence and shall control. 7. Utilities and HVAC Equipment. All water, sewer, gas, electric, telephone, television, cablevision and other utility lines and connections between the main utility lines and the dwelling and other structures located on each Lot shall be located underground and concealed so as not to be visible, except that septic tank lids shall be at a height per Durham County standards. Transformers,air conditioning,heating and other mechanical equipment on a Lot, including solar and other alternative energy devices,which said devices must be approved in writing by the Declarant or by the Architectural Review Committee should Declarant no longer own any "Declarant's Property", shall be either concealed within a screen or integrated with the building design of the dwelling on the Lot so as to be inconspicuous. Declarant or the Architectural Review Committee should Declarant no longer owner own any "Declarant's Property" shall determine whether or not any such integration is inconspicuous. 8. COMMON AREAS. No Owner or occupant shall remove or significantly alter any tree or landscaping in any street, right-of-way, or other part of the Common Areas unless permission in writing is first granted by the Association and unless and until permission in writing has been obtained from the appropriate Durham County governmental authorities,if such governmental permission is required. 9. Waste. No part of the Properties and no Lot shall be used or maintained as a dumping ground for rubbish, grass clippings, garbage or trash. Garbage and other waste shall be kept in sanitary containers. Except on the scheduled trash pick-up day(s), all containers for the storage or disposal of such materials shall be kept inside the residence or inside the garage or in an approved enclosure(such enclosure to be approved by Declarant or the Architectural Review Committee should Declarant no 15