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ARTICLE 8 8.1 Restrictions and Governmental Regulations. The property shall be used only for the purposes and in the manner set forth in this Declaration and in the Section C of the Design Requirements and Guidelines. Nothing herein shall be construed as permitting any action or thing prohibited by the applicable zoning laws and regulations, or the laws, rules or regulations of any governmental authority, or by specific restrictions of any deed or lease. In the event of any conflict, the most restrictive provision of such laws, rules, regulations or deeds or in this Declaration shall be taken to govern and control. 8.2 Residential and Commercial Use: All Lots of the Property shall be used and occupied for single family residential use only, unless the lot is specifically designated for duplex use. No commercial uses shall be allowed except in North Landing and Hillside villages; except that home businesses/industries which meet the definition and requirements set forth therefore in the zoning regulations of the Town of Winthrop shall be allowed in all villages. Bed and breakfasts, inns, and churches, temples, synagogues and other places of worship shall be prohibited in all Villages. Auxiliary or guest house units (consistent with the definitions and restrictions thereof in the Town of Winthrop Zoning Code) shall be permitted only in the Ridge village. 8.3 Ancillary Structures. Ancillary structures to an approved residence shall be allowed within the building envelope of any Lot, provided that such ancillary structure shall be consistent with the style, colors and materials required for the residential structure and shall be subject to prior approval of the Design Review Committee and approval of relevant local ordinances. 8.4 Temporary Structures. No structure of a temporary character, including but not limited to trailers, tents, campers or mobile homes, nor garages, barns, or other outbuildings, shall be used on any Lot at any time as a residence either temporarily or permanently. 8.5 Trash, Garbage and Refuse. No trash, garbage, rubbish, refuse or other solid waste of any kind, including inoperable vehicles, appliances and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the Property. Garbage and waste shall be kept in sanitary, animal proof containers and shall be kept in enclosed areas except during garbage pickup day. 8.6 Motorized Vehicles. No trucks, motorcycles or trail bikes, recreational vehicles, motor homes, motor coaches, snow removal equipment, tractors or lawn tractors, snowmobiles, campers, trailers, boats or boat trailers, off-road vehicles, or similar vehicles other than currently licensed passenger automobiles or pick-up trucks shall be parked, stored, or in any manner kept or placed on any portion of the Property except in an enclosed garage or building. Currently licensed passenger automobiles or pick-up trucks may be parked in designated on or off-lot parking areas. 8.7 Swimming Pools and Hot Tubs. No above ground pools shall be allowed. Hot tubs may not be installed more than 18" above grade. Swimming pools shall be permitted only within the building envelopes in The Ridge village. The location and design of any pools or hot tubs shall be subject to review by the Design Review Committee and they both should be equipped with backflow prevention devices. 8.8 Outdoor Lighting. All exterior lighting shall be directed downward or shielded to prevent shining onto neighboring lots or properties, including roads. No mercury vapor or sodium lights shall be permitted. The appearance and placement of all exterior lighting fixtures shall be subject to review and approval by the Design Review Committee. Holiday lights may be installed on an Owner’s Lot provided that they shall not be installed before December 1 of each year and shall be removed not later than the following January 6. 8.9 Antennas and Satellite Dishes. No external antennae or transmitters or satellite dishes shall be permitted, except that parabolic reflectors (satellite dish antennae and wireless cable receivers) less than 20 inches in diameter may be permitted with prior approval by the Design Review Committee. 8.10 Fences. No perimeter fencing shall be allowed around Lot lines. The total linear length of any fencing shall not exceed one-half of the outside dimensions of the Lot. All fencing shall be deer passable, except for limited fenced areas around gardens and toddler play areas. All fencing shall be of materials and style as designated in the Design Requirements and Guidelines and approved by the Design Review Committee. 8.11 Clothes Lines. No exterior clothes lines shall be erected or maintained, and there shall be no outside laundering or drying clothes. 8.12 Energy Devices: Energy efficiency is encouraged. Solar panels shall be constructed so that their placement is consistent with the plane of the roof. Energy generating and storage facilities, including but not limited to solar panels and their appurtenances, auxiliary generators, heat pumps, and air conditioning compressors, shall be designed and placed in aesthetic harmony with the other improvements to which they are appurtenant, as approved by the Design Review Committee, and shall be insulated so as not to produce an unreasonable or nuisance level of noise. 8.13 Air Quality and Fire Prevention. Wood burning stoves or devices shall not be used as the sole or primary source of heat for any residence or structure upon the Property. Not more than one wood burning device shall be permitted for each residence, and one for each allowed guest house. All wood burning devices shall meet current EPA or Washington State standards for emissions and clean burning. No permanent exterior fire structures or fire pits shall be permitted on the ground except where contained as part of the exterior wall of the residence, and all exterior fire structures shall be surrounded by a minimum of 5 feet of nonflammable surfaces, and shall be fully screened unless gas heated. No Owner shall permit any condition upon the Property which creates a fire hazard or is in violation of fire prevention regulations. No outdoor burning of garbage or refuse shall be allowed. 8.14 Mailboxes. All mailboxes shall be of the cluster type in designated locations only, and the design thereof shall comply with the Design Requirements and Guidelines. 8.15 Noise. No Owner shall create, permit or allow noise levels on their property which constitute a nuisance to neighboring properties. Outside music shall be moderated and shall not be allowed after 10:00 PM. No exterior boom boxes shall be allowed on construction sites. 8.16 Garages. Garages shall be maintained for the parking and storage of motor vehicles, and shall not be allowed to be converted or remodeled to other uses. Garage doors shall generally be kept closed when not in direct use and shall not be permitted to remain open. 8.17 Play Equipment and Game Courts. Exterior play equipment shall be allowed only on Lots within the Ridge, Riffle and Pine villages. All exterior play equipment shall be constructed of materials with non-reflective, natural colors that blend well with the landscape, and wood construction is encouraged. Game courts shall not be permitted on any Lots. 8.18 Patios and Decks. Patios and decks must be connected to the main residential structure on a Lot and shall meet the requirements of the Design Requirements and Guidelines and be approved by the Design Review Committee. 8.19 Pets and Livestock. No livestock shall be permitted to be kept or maintained on the Property. No pets may be kept or allowed outside except dogs and cats. Dogs shall be on leash or under the direct voice control of their owner at all times and shall not be allowed to run free. No outside pet kennels shall be permitted. Owners or residents shall be required to pick up and properly dispose of all pet waste. No owner or occupant shall be allowed to keep or maintain at any one time more than three (3) dogs and three (3) cats on a lot. 8.20 Nuisance. No noxious or offensive activity shall be carried on upon any lot or elsewhere on the Property, nor shall anything be allowed to be done or permitted thereon which may be or become an annoyance or nuisance to the neighborhood. 8.21 Signs. The location, number, size and design of all signs upon the Property shall conform to the applicable regulations and ordinances of the Town of Winthrop, including but not limited to the provisions of WMC 17.24.035 and where applicable, of WMC chapter 15.08. No permanent private signs shall be permitted except signs giving house numbers, and 911 address signs where required. “For Sale” signs shall be prohibited. Temporary signs on a home site during the period of construction thereon shall be allowed, stating the name of the Owner, the name of the architect, and the name and phone number of the contractor. In addition, the contractor will designate an individual for emergency contact. These signs shall not exceed 2’x3’ in size. The size, design, materials and colors of all signs shall be approved in advance by the Design Review Committee.
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