BUILDING USE AND RESTRICTIONS
SECTION 1: Residential Use. No lot shall be used except for single-family residential purposes.
SECTION 2: Prohibited Structures. No structure of a temporary character, trailer, basement, tent, shack, or other building except a permanent residence shall be used on any lot at any time as a residence, either temporarily or permanently. No structure shall be erected, maintained, or the exterior altered prior to approval of the plans and specification for such structure by the Architectural Control Committee as to quality of workmanship and materials, harmony of topography and finish grade elevation. The Architectural Control Committee shall be appointed by the Pine Island Bank. The roofline for all structures must have a minimum 6/12 roof pitch. A minimum of 100 sq. ft. of brick, stone, or cultured stone must be included on the front elevation. Structures shall be sided, painted or stained. Trim colors shall complement the major house color used. At such time as 80% of the lots in Scenic Heights Subdivision have been sold and living units constructed thereon, the Architectural Control Committee shall be automatically dissolved. Upon such dissolution, it shall be the responsibility of the then owners of all lots in the Subdivision to establish from time to time an Architectural Control Committee by a vote of a majority of the owners of such lots, each lot having one vote.
SECTION 3: Dwelling Size. No living unit or residence building shall be constructed on any of the lots of said subdivision containing less than a minimum of square footage as follows:
RAMBLER - 1400 sq. ft. of finished living space on the main level.
TWO STORY - 2240 sq. ft. of finished living space on the ground level and second floor.
MULTI-LEVEL - 1120 sq. ft. of finished living space on the main level.
SPLIT-LEVEL – 1120 sq. ft. of finished living space on the main level.
For purposes of computing minimum square footage, interior open areas, which could otherwise have been converted to usable living area floor space without altering the exterior of the structure, shall be included.
SECTION 4: Garages. All living Units erected or constructed on said lots shall have, at a minimum, a two car attached garage.
SECTION 5: Erection of Driveways and Approaches. All living Units constructed on said lots shall have a concrete driveway and concrete driveway approach from the garage to the street line.
SECTION 6: Erection of Garages or Basements and Use of Such Structures. No garages or basement shall be erected upon any of said lots of said subdivision before a contract is let for the erection of the residence, and no basement, garage, or other building shall be used temporarily for residential purposes.
SECTION 7: Fences. No fence or wall shall be erected or placed on any lot without prior approval of the Architectural Control Committee, with approval by City Ordinance.
SECTION 8: Keeping of Animals. No animals of any kind shall be raised, bred, or kept on any lot, except that domestic dogs, cats, or other household pets of an owner are allowed, provided that they are not kept for any commercial purpose, are house in the main dwelling or garage, are kept on a leash or in a fenced yard or kennel area, are not dangerous. No kennel shall be erected on any lot without prior approval of the Architectural Control Committee.
SECTION 9: Pre-Fabricated Housing Units. No pre-cut, pre-fabricated, or manufactured housing units shall be construction on said lots, unless approved by the Architectural Control Committee.
SECTION 10: Utility Buildings. Any utility building (portable or permanent), or fencing shall be architecturally compatible with the residential dwelling and garage.
SECTION 11: Transfer of Building. No building of any kind intended to be used for habitation or residence shall be moved onto said lots.
SECTION 12: Recreational Vehicles. No commercial or recreational vehicles, including motor homes, boats, snowmobiles, etc. shall be stored or parked on any lot, except while in transit or while loading or unloading on the properties or in the street adjoining the properties, for more than 21 days of the year, except in a private garage.
SECTION 13: Elevation. Prior to improvements to the subject property, building shall show proposed elevation levels for all projects, including but not limited to any projects commenced prior to the completion of curb grades by the developer of Scenic Heights Subdivision, Scenic Heights Second Subdivision, and Scenic Heights Replat 1.
SECTION 14: Lot Maintenance. All lots shall be maintained in a neat, sightly condition and shall be kept free of noxious weeds and debris.
SECTION 15. Subdividing Lots. Lots as shown on the plat(s) of Scenic Heights Subdivision shall not be subdivided without complying with the City’s Land Management Ordinance.