ARTICLE XII: LAND USE RESTRICTIONS
Section 1. All Lots within the Properties shall be used solely for private single-family residential purposes. Private single-family residences shall consist of no less than one (1) Lot, and no Lot shall ever be further subdivided. No Residence shall be constructed which exceeds the allowable height set forth in the King County Zoning Code for this zone. Each Residence must have a private enclosed car shelter for not less than two cars. No single structure shall be altered to provide residence for more than one (1) family. Rambler-type residences (residence consisting of a basement and one story or residence consisting of a single story) shall contain at least 1,300 square feet. Multi-story residences (residence consisting of a basement and two stories or residences consisting of two stories) shall contain at least 1,500 square feet. In computing the total square footage of a residence, the basement shall not be included, nor shall garages or enclosed decks be included.
Section 2. No Lot shall be used in a fashion which unreasonably interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the Committee designated, by it, or the Declarant during the development period, shall determine whether any given use of a Site unreasonably interferes with those rights; such determinations shall be conclusive.
- No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Properties which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detracts from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, and landscaping which is not properly maintained.
- Notwithstanding anything in Section 3(a) of this Article XII to the contrary, during the development period the Declarant may permit trailers ("temporary trailers") to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. All such temporary trailers shall be placed only upon either (A) a Lot being sold by the Lot's Owner, or (B) the Lot upon which a residence is being constructed by the Lot's owner. No such temporary trailers shall be placed, without Declarant's permission, on any other portion of the property described on the attached Exhibit "A" and the adjacent rights-of-way. The Declarant specifically, in the Declarant's sole discretion, may (i) completely deny an Owner permission to place a temporary trailer on the Owner's Lot, (ii) require any temporary trailer placed upon the Lot to be placed in such a location as to minimize view from public rights-of-way or from residences on other Lots, or,(iii) impose landscaping requirements which the Declarant, in the Declarant's sole discretion, may require, to improve the appearance of the temporary trailer on the Lot.
Section 4. Fences, walls or hedgerows are permitted on side and rear property lines, up to within the greater of (i) 20 feet of the front property line, or (ii) the distance between the front Lot line and the front wall (facade) of the primary Residence, subject to (1) the approval of the Committee and (2) determination whether such fences, walls or hedgerows would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fences, walls or hedgerows be allowed between the front Lot line and the front wall (facade) of the primary Residence. No barbed wire, chain link, or corrugated fiberglass fences shall be erected on any Lot, except that chain link fencing for sports facility enclosures may be considered for approval by the Committee upon request. All fences, open and solid, are to be consistent with the standards set by the Committee and must be approved by the Committee prior to construction. The Committee shall make available a fence design which must be used by all owners with a rear or side yard abutting 175th Way S.E., Tract F and Tract C of Division II, unless otherwise approved by the Association. The fence shall be left natural. The Committee shall also designate the approved colors for fence installations used by all Owners in the plat. Any fencing installed in the plat on any lot which does not meet the standards set forth by the Committee shall be removed at Owner's expense upon demand by the Committee.
For corner lots or panhandle lots, fencing closer to the front property line than as otherwise allowed in this section may be approved upon review by the Committee.
Section 5. No mobile or "manufactured" homes, trailers, structures of a temporary character, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes.
Section 6 Mining. No oil drilling, oil development operations, oil refuting, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried, any necessary permits are obtained, and the storage complies with all applicable environmental laws, rules, and regulations.
Section 7. Building Setbacks. No permanent structures shall be located within 20 feet of the front line or nearer to the front or side street line than minimum dwelling setback lines required by relevant public zoning ordinance. For the purpose of this Covenant, eaves, steps, chimneys, and open porches shall not be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach upon any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas. In no event shall any structures violate any provisions of any applicable building or zoning ordinance, or any specific setbacks as set forth on the recorded plat map, or any setbacks imposed through the establishment of easements for utilities or access.
Section 8. Signs.
- No signs, billboards, or other advertising structures or device Shall be displayed to the public view on any Lot except One (1) sign not to exceed 5 square feet in area may be placed on a Lot to offer the property for sale or rent. The sign may also be used by a builder to advertise the property during the construction and sale period< Political yard signs, not more than five (5) square feet in area, of a temporary nature, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This Section 8(a) (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under Section 8(b) of this Article XII by the Declarant during the development period.
- (1) The Declarant may, but is not required to, establish, for the duration of the development period, signage guidelines and standards for Lot identification signs, realtor identification signs, "for sale" signs, and other signage that may be placed by owners or parties other than the Declarant on any part of the Lots within Foxwood, the Common Areas, Common Maintenance Areas, or public rights-of-way. The Declarant may, but is not required to, also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will then become part of the established guidelines and standards for ' signage in Foxwood during the development period. In the event such guidelines are established, the Declarant shall make the signage guidelines and standards available upon request to Lot Owners and their representatives, including both builders and real estate agents of Lot Owners.
- (2) During the development period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Foxwood, including the adjacent rights-of-way. Every Owner of a Lot in Foxwood, and any builder or real estate agent on behalf of an Owner, shall submit any proposed signs to 'the Declarant for approval prior to installation of the signs.
Any signs not specifically approved by the Declarant found anywhere on lots in Foxwood, the'' Common Areas, the Common Maintenance Areas, (or any other portion of the property identified on the attached Exhibit "A"), or on adjacent rights-of-way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declarant to remove unauthorized signs from the Premises specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations.
No person, including, but not limited to, the person or persons owning any interest in the signs removed, shall be, entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section.
- (3)(i) The Declarant, during the development period, may also require than an Owner install a specific Lot identification sign on the Owner's Lot. All such Lot identification signs shall meet any signage guidelines and standards established by Declarant under this Section 8(b). The Lot identification signs shall be constructed and installed at the sole expense of Owner. The Lot identification sign shall remain on the premises regardless of any transfer of Lot ownership until such time as the Declarant determines that a Lot identification sign is no longer necessary for marketing purposes.
- Notwithstanding anything in Section 8(b)(3)(i) to the contrary, the Declarant will not require an Owner to install a specific Lot identification sign if both (A) the Owner already resides in a completed residence on the Lot, and (B) the Owner does not intend to sell the Lot within the next two (2) years. Any Owner claiming exemption from the specific Lot identification sign requirement of this Section (b) shall, upon request, furnish to Declarant an affidavit under oath confirming that the Owner intends to reside indefinitely in the completed residence on the Lot and does not intend to sell the Lot within two (2) years from the date of the affidavit.
- If an Owner fails to obtain and install a specific Lot identification sign within fourteen (14) days of written request by Declarant, the Declarant may obtain and install a Lot identification sign for the Owner's Lot. During the development period, Owner shall not remove the sign without Declarant's consent. The Owner shall, upon demand, reimburse Declarant for all costs of making and installing the specific Lot identification sign. Declarant's cost of obtaining and installing the sign shall be a lien upon the Owner's Lot, and a personal obligation of the Owner, and shall be an "other charge" for purposes of Article XVI, Section 6. Interest shall accrue pursuant to Article XVI, Section 6, on any unpaid amounts due Declarant under this Section, which interest shall accrue from the date ten (10) days after the Owner's receipt of written demand for repayment.
- The Board may cause any sign placed on Properties, in violation of this Article XII, Section 8, to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant (see Section 8(d) of this Article XII).
- (i) Additional signage may be installed by Declarant during the "development period" to promote the sale of Lots or houses, and to promote Declarant's project and company. Notwithstanding anything in this Section 8 of Article XII to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions, and specifically shall not be subject to the limitation set forth in Section 8(a) of this Article XII on the number of signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section 8(b) of Article XII.
- (ii) Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation, or maintenance of any signs which are placed upon any Lot not owned by the Declarant. This Section shall apply even if Declarant requires an Owner to place, a sign pursuant to this Section 8 of Article XII.
- The Declarant further reserves the option to include the identification of W. E. Ruth Corporation on the entry monument signage for the properties at the time of installation of said entry monumentation. This identification shall either be "A W. E. Ruth Community" or "W. E. Ruth Development Company," at W. E. Ruth Corporation option. Once installed, the Association shall be responsible to maintain this signage and identification' in good condition, along with the plat identification signage for the duration Of these Covenants, Conditions and Restrictions as provided for in Article XVI, Section 1, or until such time as W. E. Ruth Corporation consents or elects to remove this identification. Each owner hereby covenants that this section of the CC&Rs shall not be amended without the express written approval of W. E. Ruth Corporation, even after expiration of the development period.
Section 9. Animals. No animals, except dogs, cats, caged birds, fish and tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. Leashed animals are permitted within rights-of-way when accompanied by their owners. Efforts shall be made by the person accompanying the animal to exercise "scooping" of animal waste. All pens and enclosure's must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Board will give the Owner ten (10) clays' written notice of the violation. Such violation must be remedied by the Owner within ten (10) days: Failure to comply with the written notice will result in a fine of $25.00 per day. Any foie imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorney fees and costs for any action taken to collect such fines in accordance with the provisions of Article XVI, Section 5.
Section 10. Driveways. All driveways shall be paved with exposed aggregate, including the common driveway in Tracts "J" and "I," unless otherwise approved by the Committee.
Section 11. Delegation of Use and Responsibility. Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of the Foxwood Homeowners Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property, whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of damages.
Section 12. Landscaping Standards. The entire front yard, including up to the edge of the curb or sidewalk in the adjacent right-of-way fronting any Lot within Foxwood shall be landscaped in accordance with the provisions of this Section 12. The landscaping shall be installed within sixty (60) days of the receipt of a Certificate of Occupancy, or within eight (8) months from the date that construction is initiated, whichever date is earlier. If inclement weather conditions prevent the timely installation of said landscaping improvements, the Lot Owner must make application to the Committee for an extension of time until weather conditions sufficiently improve. For corner lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped.
"Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property Line which would coincide with the front wall of the main dwelling on the Lot,' exclusive of any garage projections.
The front yard landscaping shall include all of the adjacent street right-of-way along the Lot frontage out to the edge of the curb or sidewalk in the street. Each Lot Owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way.
Landscaping on each Lot shall incorporate retention of as many significant trees as possible, as well as the use of significant grass sod or seeded areas visible from the adjacent right-of-way. At least 50 percent of every front lot shall be maintained as lawn area unless otherwise approved by the Committee. For corner lots with visible back yard areas from the adjacent street right-of-way, landscaping shall be provided on the entire lot area as set forth in this Section 12, unless otherwise approved by the Committee.
Section 13. Garages. Each residence shall incorporate a minimum two-car garage designed and constructed as an integral part of said Residence.