ARTICLE X
USE RESTRICTIONS
All real property within the Properties shall be held, used and enjoyed subject to the following limitations and restriction, except as to the exemption of Declarant herein:
10.1 Single Family Residence. Each Lot unit and lot shall be used as a residence for a single-family residence and for no other purpose.
10.2 Business Uses. All use must be in conformance with Weber County ordinances.
10.3 Nuisances. No Noxious or offensive activity (including but not limited to the repair of motor vehicles) shall be carried on, in or upon any Lot or the Common Area nor shall be done therein which may be or become an unreasonable annoyance or a nuisance to any other Owner. No loud noises or noxious odors shall be permitted on the Properties and the Board of Trustees shall have the right to determine, in accordance with the By-laws, if any noise, odor or activity producing such noise, odor or interference constitutes a nuisance. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound device (other than security devices used exclusively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles or other items which may unreasonably interfere with television or radio reception of any Owner in the Properties, or exposed to the view of other Owners without the prior approval of the Board of Trustees.
10.4 Signs. No sign, poster, display, billboard, or other advertising device of any kind shall be displayed to the public view on any portion of the Properties or any Lot. With the exception of a ‘home for sale’ sign. All signs and the condition promulgated for the regulation thereof shall conform to the requirements of Weber County.
10.5 Parking and Vehicular Restrictions. No owner of any Lot shall park, store or keep any vehicle except wholly within the designated parking area. Any inoperable vehicle shall be stored only in garages. No Owner shall park, store or keep on any property or street (public or private) within the Properties, any large commercial type vehicle (dump truck, cement mixer truck, delivery truck, etc.) or any other vehicular equipment, mobile or otherwise, deemed to be a nuisance by the Board of Trustees. Any recreational vehicle (camper unit, motor home, truck, trailer, boat, mobile home or other similar vehicle) must be parked on a suitable parking pad, either in the driveway or on a cement pad to the side of the Dwelling. No Owner shall conduct major repairs or major restoration of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of the Properties, except in a covered area or enclosed building.
10.6 Livestock, Poultry and Pets. No animals or livestock of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets or chickens; may be kept; provided that they are not kept, bred, or maintained for any commercial purpose and are restricted to the owner's control; provided further that no more than four such household pets shall be kept on any lot. Regulations on chickens are that no more than six (6) chickens per lot, no roosters, structures must be well maintained and not less than twenty-five (25) feet from any rear or side lot line, housed in enclosed coop that is constructed in a fashion that is approved by the Board of Trustees. Must comply with Weber County Code 104-6-3. “Control" for the above purposes shall only mean on a leash or lead, within a vehicle, within the residence of the owner, or within the confines of an electrical fence or fenced, confines on the premises of the owner. Fierce, dangerous, or vicious animals shall not be permitted. The Board of Trustees shall retain the right to require removal of any animal or animals, which are deemed to be a problem to other lot owners. Owners may not allow animals either negligently or with specific intent, to run at large in or about on public property or go upon the land of another without permission. As with all animals in the neighborhood, all persons having custody of animal shall exercise proper care and control in order to prevent said animal from becoming a nuisance. An animal shall be deemed to be a nuisance if, (a) causes damage to the property of anyone other than its owner, (b) causes decrease in property value or overall appeal of the neighborhood (c) causes unreasonable odor, (c) is in unsanitary condition or habitat, (e) is diseased, (f) makes unreasonable disturbing noises. The lot owners shall be responsible for any damages caused by their pets. No more than 2 dogs or 2 cats may reside on one property. Variances for number of pets can be brought before the Board of Trustees for consideration. Board of Trustees will default to Weber County for enforcement.
10.7 Vehicles Restricted to Roadways. No motor vehicle will be operated on the Subdivision pathways. No Snowmobile or motorcycles will be operated on any Lot except for ingress and egress by duly licensed, “street legal” vehicles or while loading the equipment for lawful transport on public streets. Board of Trustees will default to Weber County for Enforcement.
10.8 No Firearms. No small or large caliber firearms of any kind, may be discharged within the Subdivision.
10.9 Deleted in its entirety.
10.10 Deleted in its entirety.
10.11 No Use or Temporary Structures. No rubbish, trash, garbage or other waste material shall be kept or permitted upon any Lot or Common Area, except in sanitary containers. No odor shall be permitted to arise therefrom so as to render the Properties, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants.
10.12 View Obstructions. No fence, wall or other dividing instrumentality over six (6) feet in height measured from the ground on which it stands shall be constructed or maintained on any Lot, except that Declarant may vary or exceed said height or location of any fence in accordance with its architectural plans. Each Owner, by accepting a deed to a Lot, hereby acknowledges that any construction by Declarant may impair the view of such Owner and hereby consents to such impairment.
10.13 Deleted in its entirety.
10.14 Common Area Facilities. Nothing shall be altered or constructed in or removed from the Common Area except upon written consent of the Association and Weber County.
10.15 Deleted in its entirety
10.16 Deleted in its entirety
10.17 Insurance Rates. Nothing shall be done or kept in the Properties which will increase the rate of Insurance on any property insured by the Association without the approval of the Board of Trustees nor shall anything be done or kept in the Properties which would result in the cancellation of insurance on any property insured by the Association or which would be in violation of any laws.
10.18 Deleted in its entirety.
10.19 Further Subdivision. Falls under Weber County regulations and will be enforced by Weber County.
10.20 Drainage and Easements. No Owner shall alter the direction of natural drainage from his/her Lot, nor shall any Owner permit accelerated storm run off to leave his/her Lot without first using reasonable means to dissipate the flow energy. Significant natural drainage areas may be indicated on the Plat, and no Owner will construct Improvements in those areas that interfere with surface run off. Easement for the installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded map or plat over the rear, side and front of each lot or parcel of land and cross all common areas. Within these easement areas, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage facilities. The easement areas of each lot and all improvements thereto, shall be maintained continuously by the owner of said lot.