Section 07. Commencement and Completion of Construction
8. Exterior Structures.
(a) No Exterior Structure shall be erected upon, moved onto or maintained upon any Lot except (i) strictly in accordance with and pursuant to the prior written approval of the Architectural Committee as to the applicable building plans, specifications, exterior materials, location, elevations, lot grading plans, landscaping plans and exterior color scheme and (ii) in compliance with the additional specific restrictions set forth in subsection (b) below or elsewhere in this Declaration. Notwithstanding the foregoing sentence, the approval of the Architectural Committee shall not be required for (I) any Exterior Structure erected by or at the request of the Developer or (II) any Exterior Structure that (A) has been specifically approved by the Developer prior to the issuance of a temporary or permanent certificate of occupancy as part of the residential construction plans approved by the Developer and (B) has been built in accordance with such approved plans. Compliance with the specific requirements or restrictions set forth in subsection (b) below or elsewhere in this Declaration shall not automatically entitle an Owner to install or maintain any specific Exterior Structures, and the Approving Party, in its discretion, shall always have the right to additionally regulate, prohibit, condition or otherwise restrict any Exterior Structure notwithstanding such otherwise compliance.
(b)
(i) All fence and privacy screen plans must be approved by the Approving Party and (where required) the City prior to installation. Only cedar wood fences with treated material posts in the specific styles and colors approved by the Developer shall be permitted on the Lots, and such fences shall be uniformly sealed with a cedar tone sealer. All fences,boundary walls and privacy screens shall be ornamental and shall not disfigure the property or the neighborhood or interfere with drainage. All fences and privacy screens shalt be constructed with the finished side out. No chain link, wire or similar fence shall be permitted. No fence shall be installed without a permit from the City (where required) and complying with all applicable laws and codes. No fence may be installed in any landscape casement unless installed by or for the Developer or the Homes Association. Unless and until otherwise specifically approved in writing by the Approving Party, (A) all fences shall be five feet in height, (B) no fence, boundary wall or privacy screen shall be constructed or maintained on any Lot nearer to the front street than the rear comers (as determined by the Approving Party) of the residence, (C) no fence shall be constructed or maintained on any Lot more than one foot from the property line of the Lot, except to the extent necessary for such fence to about the residence, (D) all fences must be joined to or abutting any previously existing fences on adjacent Lots, (E) all perimeter fences shall be stair-stepped to follow the grade of the Lot, and (F) except for the sealer required above, no fence shall be painted or stained any color.
(ii) All basketball goals shall be permanently installed, free standing and not attached to the residence. All backboards shall be transparent and all poles shall be black or a neutral color. There shall be only one basketball goal per Lot. The Board shall have the right to establish reasonable rules regarding the hours of use of basketball goals and any such rules shall be binding upon all of the Lots and the Owners.
(iii) All recreational or play structures must be approved in advance by the Approving Party and (if allowed) shall be made of materials approved in writing by the Approving Party and (other than basketball goals) shall be located behind the rear corners (as determined by the Approving Parry) of the residence.
(iv) No aboveground type swimming pools shall be permitted. All swimming pools shall be fenced and all hot tubs shall be fenced or otherwise adequately screened, all in accordance with City requirements and the other provisions of the Declaration. All pools and hot tubs shall be kept clean and maintained in operable condition at all times.
(v) All outside dog houses shall be located in the back yard, shall be painted or stained (where appropriate) the same color of the residence, and shall have roofs that are the same as the residence.
(vi) The following Exterior Structures shall be prohibited: animal runs, trampolines, portable basketball goals, tennis courts, sport courts, tree houses, and batting cages.
(vii) No Exterior Structure that is prohibited under Section 9 below shall be permitted under this Section 8.
(c) No fence, wall or other Exterior Structure installed by or for the Developer or Homes Association anywhere in the Subdivision may be removed or altered by any Owner or other person without the prior written consent of the Approving Party.
Section 09. Buildings or Uses Other Than for Residential Purposes; Noxious Activities Miscellaneous