1. Land Use.
No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single-family dwelling not to exceed two and one-half stories in height, and each such dwelling shall have a basement and an attached garage of sufficient size to accommodate two (2) standard-sized automobiles side-by-side.
2. Architectural Control.
No more than three (3) dwellings of the same exterior design and style shall be erected, reconstructed, placed or suffered to remain on any lot adjacent to one another (i.e., side by side), provided further that where three said dwellings are so adjacent, at least one of said dwellings shall be constructed with a different exterior building material. In addition, where three dwellings of the same design and style are located adjacent to one another as described above no other group of three adjacent lots with the same design and style shall be located on the same side of a street within fifteen (15) lots thereof.
No fence shall be constructed of other than natural material, nor at a height in excess of five (5) feet. Wire, chain link, or other metal fences are prohibited. No fence, wall, hedge, or screening panel shall be constructed, erected, planted or permitted to exist nearer to the front line of any lot than the rear line of the house constructed on said lot, provided, however, decorative walls, fences, hedges, and screen panels, not of wire, link, connected pipe or metal construction of any kind, and not more than three feet in height shall be permitted on the minimum building setback line as shown on the recorded plat of said subdivision. A decorative structure or structures constructed at any entrance to the said subdivision shall not be deemed in violation of this covenant.
3. Building Location.
No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum setback lines shown on the recorded plat. For the purpose of this restriction, eaves, steps, and open porches shall not be considered as a part of a building provided, that this shall not be constructed to permit any portion of a building on a lot to encroach upon another lot. Furthermore, no building or structure will be constructed or located in the area within a thirty-five foot strip along the north boundary of the site and labeled "no build zone" on the recorded plat.
4. Dwelling Size.
No dwelling shall be permitted on any lot on which the finished floor area of the main structure (based on exterior dimensions), exclusive of porches and garages, is less than one thousand one hundred fifty (1,150) square feet for a one-story dwelling; one thousand forty (1,040) square feet of main living area for split-level or bi-level dwelling (shall not include finished lower level as a part of the main living area for purposes of these subdivision requirements); and a total square footage of not less than one thousand three hundred (1,300) square feet for a two-story dwelling.
5. Nuisances.
No obnoxious or offensive activity shall be permitted on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
6. Temporary Structures.
No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
7. Animals.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
8. Soil Removal.
No soil shall be removed for any commercial purpose.
9. Signs.
No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. This restriction does not apply to signage installed by Grantor located at entrances to the subdivision identifying the subdivision as a whole.
10. Miscellaneous Restrictions.
The following structures, improvements, and activities shall not be permitted on any lot in the subdivision:
satellite dishes;
above-ground pools (except hot tubs);
storage tanks, whether above or below ground (except in conjunction with gas grills);
permanent clotheslines;
outdoor antenna; and
solar panels.
11. Waste Disposal.
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers and out of view of the general public. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No incineration of such material on any lot shall be permitted.
12. 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 25 feet from the intersection of the street line, or the 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 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
13. Vehicles Not in Use.
No automobile or motor-driven vehicle shall be left upon a lot for a period longer than thirty days in a condition wherein it is not able to be operated upon the public highway, after which time the vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and shall be removed from the lot.
14. Term.
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
15. Enforcement.
Enforcement of these restrictions may be by proceedings at law or in equity or both against any person or persons violating or attempting to violate any restrictions, and such proceedings may be either to restrain violation to enforce compliance or to recover damages. No failure to object to any violation or to enforce any restriction shall be deemed a waiver of the right to do so thereafter, either as to the same violation or to one occurring prior to or subsequent thereto. The lot owners may, at their option, form a committee or association to enforce these restrictions at any time after the sale of the last new house on a Woodstream lot is closed.
16. Severability.
Invalidation of any one of these restrictions by judgment or court order shall in no way affect any other restrictions which shall remain in full force and effect.
In the event the subdivision in which said lots are located or any portion thereof shall be resubdivided at any time or times, then these restrictions shall apply to each lot in such resubdivision as constituted after such resubdivision, and these restrictions shall not apply in any way with respect to the lots in such resubdivision as such lots were theretofore constituted