Section 15-28 >>

ARTICLE X

Permitted and Prohibited Uses

Section 10.1.  General
All Lots shall be used solely and exclusively for private one-family residences with appurtenant garages. A building site shall consist of not less than one (1) Lot as shown on the recorded plan. No Lot shall be divided except that, with the permission of the Board of Directors and Pierce County, the boundary between two Lots may be adjusted. Any building or structure to be erected, constructed or maintained shall be commensurate in quality with the other homes in the subdivision.

Section 10.2.    Business and Commercial Use of Property Prohibited
No trade, craft, business or manufacturing enterprise, or business or commercial activity of any kind shall be conducted or carried out in any house, garage, or within the Property itself, unless the following conditions are met: (1) the building associated with the business or commercial use must serve as the primary residence for that building's Owner; (2) no vehicle associated with the business or commercial use shall be parked outside of an enclosed garage for more than three days; (3) the existence or operation of the business is not apparent or detectable by sight, sound, or smell, from outside the building; (4) the business activity does not involve regular visitation of the Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation of Unit Owners; and, (5) no goods, equipment, vehicles, and/or materials and supplies used in connection with any trade, service, or business shall be kept, parked, or stored outside of a building, or garage, for more than three days without being removed. However, any Builder Owner, and the Developer may store construction materials and equipment on Lots in the normal course of construction on the Property. No activities shall be engaged in on any Lot which is or may become an annoyance or nuisance to the surrounding Owners. Notwithstanding the foregoing, the Developer shall have the right to construct one or more model homes, with a sales office, so long as the Developer or Builder Owner owns a Lot within the Property. Lot 1 of the plat of Sky Island located in Bonney Lake as shown on the plat recorded with Pierce County Auditor under File No. 9705010309, is exempt from the requirements of (1) and (4) of this section.

Section 10.3.    Dwelling Quality and Size
No homes shall be permitted on any Lot without the prior approval of the ACC or Control Architect. It is the intention and purpose of these covenants to assure that all homes shall be of a quality of workmanship and material and substantially the same or better than that which can be produced on the date these covenants are recorded for the minimum permitted dwelling size. All homes shall have a total finished living area of at least 1,700 square feet for a one-story house and a total finished living area of at least 1,800 square feet for a multi-level house. Only masonry or gas fireplaces will be allowed; the installation of woodstoves and fireplace inserts is prohibited. The principal structure on each Lot shall be constructed by a licensed building contractor.

Section 10.4.    Garages
Unless it is architecturally infeasible, all garages shall be incorporated in or made a part of the dwelling. On-site parking provisions for no less than two automobiles shall be provided in addition to garage automobile storage. Where a garage is not a part of a dwelling, it shall not be closer than the front point of the house closest to the front line of the Lot.

Section 10.5.    Animals
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. Dogs shall be restrained to the Owner's Lot and shall not be allowed to run at large. Leashed animals are permitted within rights-of-way when accompanied by their Owners.

Section 10.6.    Temporary Structures
No building or structures shall be moved onto any land embraced in said subdivision. No trailers shall be maintained on any building site as a residence. No building of any kind shall be erected or maintained on a building site prior to the erection of the primary residence thereon, except that a garage or other small building or permanent structure may be erected for the storing of tools and other articles, but shall not be used for residence purposes. Nothing in this restriction shall prevent the temporary use of a construction shack and/or trailer during the construction of any approved dwelling or during the development of the Property by Developer or Builders.

Section 10.7.    Completion of Construction
The work of construction of all buildings and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within eight (8) months from the date of commencement of construction, unless extended by the ACC. The building area shall be kept reasonably clean and in a workman-like order during the construction period. Prior to and during construction, all Lots shall be kept in a neat and orderly condition, free of brush, vines, weeds, and debris, and grass thereon shall be cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard.

Section 10.8.    Landscaping
The minimum landscaping specified in the design guidelines shall be used for landscaping of the "road frontage" side of the Lot. All front lawn landscaping shall be completed within thirty (30) days of the final inspection of the building unless the time period is extended by the ACC because of weather conditions.

Section 10.9.    Tree Height
No tree shall be allowed to grow to a height of more than 25 feet above the adjacent ground unless the ACC determines that increased height would not have a material adverse affect on the view from the other Lots. The Association shall specifically have the right to trim offending trees at the Owner's expense, if the Owner fails to trim after reasonable notice.

Section 10.10.    Fence Construction and Maintenance
Each Owner shall be obligated to maintain their fence and any other fencing on their Lot in a manner suitable for a first-class residential subdivision and in accordance with guidelines adopted by the Association or ACC. No Owner may paint or stain any fence on its Lot with materials or colors other than those established by the ACC. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the front line of the house, except that nothing shall prevent the erection of a necessary retaining wall (the top of which does not extend more than two (2) feet above the finished grade on the side of the wall be retained). All fence designs and colors must be approved by the ACC. No fence shall be greater than six (6) feet high, unless ACC approves a different height.

Section 10.11.    Garbage and Refuse Disposal
No garbage, rubbish or cuttings shall be deposited on or left on a Lot or anywhere on the Property, unless placed in an attractive container suitably located and screened from public view. No building material of any kind shall be placed or stored upon any Lot until the Owner is ready to commence construction; then such material shall be placed within the property line of the Lot upon which structures are to be erected and shall not be placed in the street. Yard rakings, dirt, and other materials resulting from landscaping work shall not be dumped into streets or on Lots. Should any Owner fail to remove any trash, rubbish, garbage, yard rakings or other such materials from any Lot or any street which were deposited by him within ten (10) days following the date on which notice is mailed to him or her by the Association, the Association may have such materials removed and charge the expense of such removal to the Owner in addition to the assessments made upon him or her under the provisions of Article IV.

Section 10.12.    Nuisances
No noxious or undesirable thing or noxious or undesirable use shall be permitted or maintained upon the Property. If the Board of Directors or the Association shall determine that a use is noxious or undesirable, such determination shall be conclusive. The use of illegal fireworks and the use of motorcycles for purposes other than transportation to and from Sky Island shall be considered a nuisance and are prohibited.

Section 10.13.    Signs
No sign of any kind shall be placed on the Property, except:
  (a)    signs, approved by the ACC, identifying the Owner and address; and,
  (b)    signs designating a Lot or residence for sale or rent.
No such signs shall be of a size greater than five (5) square feet and shall not be of a nature offensive or obnoxious to persons owning a Lot or Lots within the Property. No business signs, advertising signs or signs in any way relating to occupation or profession shall be allowed.
None of the foregoing provisions shall apply to signs placed upon the Property by the Developer or Builder Owner during the initial development of the subdivision; provided, however, that all signs must be consistent with the original colors and design selected by the Developer for Sky Island.

Section 10.14.    Oil and Mining Operations
Oil drilling or oil development operations, refining, mining operations of any kind or the operation of quarries, gravel and sand pit, soil removing or topsoil stripping shall not be permitted on any of the Lots of the Property except by the Developer, during the initial development of Sky Island. No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot.

Section 15-28 >>