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Protective Covenants & Restrictions (Abridged Version) "A gated community since 1982 committed to privacy and the preservation and appreciation of natural beauty..." |
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ARTICLE V. ARCHITECTURAL CONTROL No building, dwelling, fence, well, or other structure shall be commenced, erected, or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design, location in relation to surrounding structures and topography, and what appropriate considerations as set out herein by the Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more representatives appointed by the Board or in lieu thereof the Declarant until control of the Association is assumed by the owners. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within sixty (60) days after said plans and specifications have been submitted to it, approval will be required and this Article will be deemed to have been fully complied with. The committee shall examine each application with respect to traditional North Carolina and Appalachian architecture, literally or abstractly construed. The committee shall designate the plans and specification required with each application.
ARTICLE VI. PROTECTIVE COVENANTS SECTION I. SINGLE-FAMILY RESIDENTIAL USE. All lots shall be used, improved, and devoted exclusively to single family residential use. No multi-family dwellings or commercial or business uses shall be permitted. Nothing herein shall be deemed to prevent the owner of any lot from leasing a lot, subject to all provisions of the Declaration. SECTION 2. NUISANCES. No noxious or offensive activities shall be conducted upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. All lots shall be kept clear of accumulations of brush, trash, junk, building materials and inoperable automobiles. SECTION 3. RESTRICTION OF FURTHER SUBDIVISION. No lot shall be further subdivided or separated into smaller lots by an owner and no portion less than all of any such lot shall be conveyed or transferred by an owner, except as herein authorized or as may be required due to the exercise by a governmental body of the power of eminent domain. SECTION 4. ANIMALS. Subject to limitations as may from time to time be set by the Association, generally recognized house or yard pets, in reasonable numbers, may be kept and maintained at an occupant's residence, provided such pets are not kept or maintained for commercial purposes. All pets must be kept under control of their owner when they are outside the occupant's premises and must not become a nuisance to other residents. SECTION 5. BUILDING SPECIFICATIONS. No building shall be erected, placed or permitted to remain on any lot other than the one detached single-family dwelling containing not less than 1275 square feet of covered floor space, exclusive of open porches and garages, and other than outbuildings incidental to the residential use of the lot. Safe outbuildings are limited to a carport, garage, studio, stable, servants quarters, workshop, recreation room, gazebo, pavilion, cabana and guest cottage, but in no event shall metal buildings be allowed. SECTION 6. MOTOR VEHICLES. All motor vehicles shall be maintained in proper operating condition so as not to be a nuisance by noise, exhaust emissions, or otherwise. SECTION 7. MINING, DRILLING, EXCAVATION, AND QUARRYING. No oil or gas drilling or mineral mining, excavating, tunneling or quarrying shall be permitted on any lot by any person or corporation. SECTION 8. CONSTRUCTION. Once begun, all construction on any dwelling or outbuilding allowed by these restrictions and the Architectural committee shall be completed within 18 months. After 30 day notice to any party not so completing the construction, the committee or any owner may cause the removal of any materials from the lot by the Courts. SECTION 9. TRAILERS, TENTS AND MOBILE HOMES. No trailer, tent, camper, present or former mobile home, motor home, shack, garage, barn or non-residential outbuilding parked, placed or erected on any lot shall at any time be used as a residence temporarily or permanently. SECTION 10. SIGNS. No signs, flags, statutes, or other such object shall be displayed to public view on any lot or in the Common Area except by the Declarant and except those which specifically complies with rules and regulations set by the Association or approved by the Architectural Committee. SECTION 11. MAILBOXES AND NEWSPAPER TUBES. Only mailboxes and newspaper tubes meeting the design standards of the Architectural Committee and placed where designated shall be permitted. SECTION 12. BUILDING SET-BACKS. No building or other structure shall be erected or placed upon any lot within forty (40) feet from a road and twenty (20) feet from a side or rear lot line. This general restriction my be modified on a lot by lot basis by the Architectural Committee. The waiver or granted variance shall be in written, recordable form for recordation purposes. SECTION 13. MAINTENANCE OF LOTS, LANDSCAPING AND GARDENING. Each owner and member-user shall maintain his lot(s) and all improvements thereon. All landscaping and natural vegetation are to be kept in a presentable manner. Small, non-commercial gardening is permitted. All of these responsibilities and uses are to be performed with due regard to adjoining owner. SECTION 14. BURNING. No open fires shall be permitted without a burning permit from the appropriate governmental agency. SECTION 15. TRASH. Garbage and trash must be disposed of, covered and kept out of sight, and may not be thrown into any drainage area. SECTION 16. FIREARMS. No firearms may be discharged on any part of the properties. SECTION 17. GAME REFUGE. No bird or animal, domestic or wild, of any size may be hunted, captured, killed or injured on any part of the properties. SECTION 18. RULES. The Architectural Committee shall adopt general rules and implement the general purpose of architectural control set forth in Article V herein and interpret the covenants of this section. All general rules may be amended by a two-third (2/3) vote of the Architectural Committee, following a public hearing for which due notice has been provided, and pursuant to an affirmative vote of two-thirds (2/3) of the Board of Directors of the Association. All general rules and subsequent amendments thereto shall be placed in its book of resolutions and shall be open to inspection by members of the Association during normal business hours.
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