Land Use Restrictions
LAND USE RESTRICTIONS
SECTION 1. GENERAL. The Property shall be subject to the Restrictive Covenants or other provisions of this Declaration (as supplemented or amended) relating to its permissible uses. NOTHING in these restrictions shall inhibit or prevent the Seller/Declarant from performing and operating its business functions upon and within the Property.
SECTION 2. SINGLE FAMILY RESIDENTIAL. Only single family dwellings and such outbuildings as are usually accessory thereto shall be permitted on any Property designated herein as residential. After the primary dwelling has be constructed, a second "guest house" type structure may be constructed providing it is not used for permanent year- round living, meets all other requirements contained herein, is not utilized for rental purposes and is strictly non-commercial in nature. All building exteriors, with the exception of "used brick" must be constructed using new materials. Placement/construction of any type must be situated at least 100 feet from any designated road or 50 feet from any adjacent property line. The restrictions contained in this Declaration shall apply specifically to any and all construction on said Property. The Seller/Declarant may make exemptions to these setbacks on an individual basis if compliance would create an undue hardship.
SECTION 3. MODULAR or MOBILE HOMES. Modular or Mobile homes are not permitted.
SECTION 4. CAMPING. Camping is permitted on the Property subject to the following restrictions. Owners may camp on their Property for a period of not to exceed two (2) weeks at any given time. Camping units must be removed from property when the owner is to be absent more than three (3) days. This period may be extended by the Seller/ Declarant at their discretion. Specifically if the property owner has a home under construction and will or is needed there to oversee the process. Any request for extension of time must be submitted in writing. (At no time is an Owner permitted to have more that one guest family camping on the Property.) Owners may use tents, travel trailers or motor homes for the purpose of camping are the same as those applied to residential property. (See Article II, Section 2. ) This section is not designed to prevent an owner living in a home constructed on their from parking/storing a camper vehicle, not is use, on their property. Any camper vehicle so parked/stored must displace a current license plate. Setback requirements for parking/storing a camping vehicle are as described in Article II, Section 2 above.
SECTION 5. ACCESSORY OUTBUILDING. All building shall be constructed of new materials. In no event shall any such accessory outbuilding or partially completed building or temporary structure be used from human occupancy or habitation without the express written approval of the Seller/Declarant. All Accessory Outbuilding Must comply with setback rules as outlined in Article II, Sections 2.
SECTION 6. PROHIBITIONS
a) No used buildings or structures shall be placed on any Property included in this Declaration.
b) Automobiles, trucks, camper trailers, motor homes, trailers, boats and all other licensable vehicles not bearing a current year license are not permitted unless stored in an enclosed building.
c) No automobiles, trucks, boats or equipment of any and all sort may be repaired, salvaged or constructed in plain view from either the roads or adjoining property.
SECTION 7. DISPOSAL OF SANITARY WASTE. No outside toilets or temporary sanitary systems of any kind shall be constructed on any Property except during the construction period not to exceed six month duration. The Owner of each Property shall be responsible for installing a State approved sanitary system (septic tank and drain field).
SECTION 8. FENCES. Fences, hedges or walls shall be permitted so long as they do not obstruct the view of any other Property Owner or block road or other right-of-way easements.
SECTION 9. NUISANCES. No noxious of offensive activities, noises or nuisances shall be permitted on any Property.
SECTION 10. SIGNS OR ADVERTISEMENTS. No person other that the Declarant shall erect or maintain upon any Property or improvements any sign or advertisement other that signs for the sale of Property which shall come with such regulations as may be set by the Declarant or the City of Hermitage. No "For Sale" signs are permitted until such time as Declarant has sold at least 95% of the Property which is subject to this Declaration without express written consent from the Seller Declarant.
SECTION 11. CONDUCT OF BUSINESS. There shall be no conduct of business or commercial enterprise of any kind on any Property without the express written consent of the Declarant unless the property in question was designated as commercial by the Declarant. Such written consent, if any, will be limited to a professional services conducted from within the home of the Property Owner.
SECTION 12. ANIMALS. All rules regarding animals are the same as those Ordinances in effect as established by the City of Hermitage MO including license requirements.
SECTION 13. GARBAGE AND REFUSE DISPOSAL. No owner shall accumulate on his Property junked and /or unlicensed vehicles, junked and/ or unlicensed boats or trailers, machinery, appliances, equipment or other junk, trash or litter, refuse or garbage except in appropriate receptacles therefore.
SECTION 14. RESTRICTIONS ON TEMPORARY STRUCTURES. No travel trailer, boat, mobile home or tent shall be placed on any Property nor shall any overnight camping be permitted on any parcel as stated in Article II, sections 2 and 4.
SECTION 15. DITCHES AND SWALES. Each Owner shall keep drainage ditches and swales located on his property free and unobstructed an in good repair and shall provide for the installation of driveways and such culverts upon his Property as many be reasonably required for proper entry and drainage. No dams or obstructions to the water flow of any streams or drainage that would affect the natural flow of water to roadway/street ditches, or to other tracts or areas covered by this Declaration are permitted.
SECTION 16. DEVELOPMENT OF PROPERTY. No Property (tract or parcel of land) sold by Declarant shall be subdivided by the Buyers/Owners until January 1st, 2030. The right to subdivide property after this date will be subject to city ordinances and rules adopted by the City of Hermitage and or other applicable governing bodies.
SECTION 17. DRILLING AND MINING. No drilling, refining, quarrying or mining operation of any kind shall be permitted on ay Property without written approval from the Declarant. Declarant has retained a 50% undivided interest in the oil, gas and mineral right to all popery presently included in Exhibit A of this Declaration or any property added hereto in the future thru an Amendment.
SECTION 18. LIVESTOCK OR PETS FOR COMMERCIAL PURPOSES. No livestock or pets shall be kept upon the Property for commercial purposes or for agricultural purposes.
SECTION 19. SIZE OF DWELLING. All dwellings shall have a minimum of 1056 square feet of actual living space on the main or upper floor/s unless plans are approved by the Declarant in writing. The words "actual living space" shall not include any area in garage, carports, walkways, porches, decks or other areas not utilized as actual living spaces. The actual living space shall be computed on outside measurements.
SECTION 20. FIREARMS AND HUNTING. No firearms, explosives or fireworks shall be used, hot or discharged on the Property. No hunting is permitted on any Property covered by this Declaration.
SECTION 21. DECLARANT’S ACCESS TO PROPERTY. The Declarant shall have access to the Property at reasonable times and in such a reasonable manner as to minimize inconvenience to the Property Owners for the purpose of constructing, maintaining or inspecting facilities essential to the Property as a whole, or for the purpose of furthering or enforcing the Restrictions within this Declaration.