Article V: Covenants and Restrictions on Use, Alienation and Occupancy

Section 5.1: Dwelling size. The ground floor area of the main structure, exclusive of open porches, garages, carports, and basements, shall not be less than 600 square feet for a one-story dwelling, nor less than 500 square feet for a dwelling of more than one story. 

 

Section 5.2: Architectural Control. No building or other structure, including but not limited to dwellings, sheds, garages, out buildings, and fences, shall be erected, placed, or altered on any site until the plans and specifications and a plot plan showing the location of the structure have been approved by the Architectural Control Committee (ACC), and which plans shall show the type of exterior material, exterior design, existing structures, and location of the structure with respect to topography and finished grade elevations. 

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Should the ACC fail to approve or disapprove the complete plans and specifications submitted to it by the Owner of a Lot within (30) thirty days after a written request was received, then such approval shall not be required and shall be deemed to have been given; provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates any of these covenants or restrictions as outlined.  At the same time if said plans and specifications receive approval, the builder or Owner shall proceed diligently with the building, and the same shall be completed within the time frame set forth in Section 5.6. 

 

Section 5.3: Building Location. No building shall be erected nearer than thirty (30) feet from the edge of established road, or so that any part of said building is closer than twenty five (25) feet to any of the other boundary lines of said premises. In case of single ownership of more than one Lot, this restriction shall apply to the parcel, as a whole consistent with Larimer County building codes. For the purpose of this covenant, eaves, steps, and open porches shall be considered as part of the building. 

 

Section 5.4: Exceptions to Setback Restrictions. Terraces, walls, fences, low platforms or steps, swimming pools, and similar low, unroofed and unscreened construction may be erected, outside the setback lines, provided that such construction shall not interfere with the exposure or view or reasonable privacy of adjoining or facing properties and shall be in compliance with the prevailing zoning regulations. No structure, wall, fence, or hedge over five (5) feet in height shall be constructed or permitted upon any Lot within twenty five (25) feet of any boundary line there of which extends along any street or other public way, except that this restriction shall not apply to any portion of said dwelling house, the location of which shall be governed by the provisions of section 5.3 above. 
 

Section 5.5: Temporary Residence. No structure of a temporary character, trailer, basement, tent, or accessory building shall be used on any Lot as a residence, temporarily or permanently; provided however, said structures may be used during the construction phase of the permanent dwelling, and for short periods for vacation camping and vacation use, not to exceed sixty (60) days in any calendar year. 

 

Section 5.6: Time of Construction. Once construction has been initiated on any structure, including walls, fences, residences, ancillary buildings, or any other structure, construction shall be completed as specified in the Larimer County building permit (as required). 

 

Section 5.7: Easements. Easements for installation and maintenance of utilities, drainage facilities, roadways, bridle paths, hiking trails, and such other proposed purposes incident to the development of the property are reserved as shown on the recorded plat. Such easements will be kept open and readily accessible for service and maintenance of utility and drainage facilities. 

 

Section 5.8: Nuisances. Nothing shall be done or permitted on any Lot which may become an annoyance or nuisance to the neighborhood. No noxious or offensive activities or commercial business or trade shall be carried on upon any Lot, except that home occupation of professional persons shall be permitted. 

 

Section 5.9: Refuse and Rubbish. Rubbish, garbage, or other waste shall be kept and disposed of in a sanitary manner. Containers or other equipment for the storage or disposal of such refuse shall be kept in a clean, sanitary condition. All garbage containers, oil tanks, and bottle gas tanks must be underground or placed in fenced-in areas so that they shall not be visible from nearby properties or from public streets. No trash or junk shall be permitted to remain exposed upon the premises and visible from public roads or nearby premises. Any container that is permanently located outside must be bear proof. 

 

Section 5.10: Clearing of Trees. Written approval shall be obtained from the ACC to cut down any trees on any Lot except those that are diseased or located within thirty (30) foot defensible space, or which are located on that portion of a parcel of land which will be occupied by a dwelling which has been approved prior by the ACC. 

 

Section 5.11: Resubdivision. No further subdivision of any Lot as shown on the plat shall be permitted except on the prior approval of the Board of Directors. 

 

Section 5.12: Water. All water, wells, and sewage disposal systems placed upon any Lot shall comply with the requirements of the State of Colorado Health Department and the Health Department of Larimer County, Colorado. 

 

Section 5.13: Private Automobiles. No inoperative or unregistered private automobiles shall remain on any Lot for more than thirty (30) days unless stored or parked in a carport, garage, or an enclosed building. 
 

Section 5.14: Roads. All roads within the subdivision shall be considered as private roads for the private use of the owners of the Lots comprising the subdivision and for the use of the U.S. Government, its subdivisions, departments, and agencies, and such roads are not public dedicated roads except where otherwise indicated as public roads on the Plat. The maintenance of all roads not maintained by Larimer County, including the Streamside Drive from County Road 43 to the Retreat Entrance, shall be the responsibility of the Association. 

 

Section 5.15: Driveways and Access Roads. No driveway or access road shall be constructed unless an approved culvert of a minimum size of twelve (12) inches shall first be installed by the Owners of Lot, at their expense, unless said driveway or access road is below the level of the road surface. 

 

Section 5.16: Animals and Livestock. No animals, livestock, or poultry shall be kept on any Lot, except that dogs, cats, and other household pets, and not more than two (2) horses, alpacas, llamas, mules or donkeys per acre, if confirmed thereon by fence or other restraint, may be kept theron provided that they are not kept, bred, or maintained for commercial purposes. 

 

Section 5.17: Use of Common Area. There shall be no obstruction of any Common Area, nor shall anything be kept or stored on any part of any Common Area without the prior written approval of the Board of Directors. Nothing shall be altered on, constructed in, or removed from any Common Area without the prior written approval of the Board of Directors.