ARTICLE 11

Residence and Use Restriction

In addition to all of the covenants contained herein, the use of the Property and each lot therein is subject to the following:

11.1 Use of Individual Lots.  No structure or building of any kind shall be erected on any lot other than a single family dwelling for single family residential occupancy only, not to exceed two stories in height, except for accessory buildings approved by the Architectural Review Committee as provided for in Paragraph 11.15. All houses will have a minimum two (2) car garage. In the event that the Rice Parcel shown on Exhibit "D" is annexed into the Project and is subject to these Covenants, the size and nature of the single family dwellings and accessory buildings shall likely be different than those of the remainder of the Project with separate rules and guidelines established by Supplemental Covenants, provided, that any and all structures shall still require architectural approval and shall blend with the remainder of the Project.

11.2 Business Use Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any lot, or within any dwelling located on a lot, nor shall any goods, equipment, vehicles, including buses, trucks and trailers of any description, or materials or supplies used in connection with the trade, service or business, wherever the same may be conducted, or any vehicles in excess of 12,000 pounds gross weight (including buses, trucks and trailers of any description) used for private purposes, be kept, parked, stored, dismantled or repaired outside of any lot, or on any of the roads. Home occupations may be permitted with the specific written approval of the Architectural Review Committee and as approved by County zoning code or regulation.

11.3 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding or any structure of a temporary character erected or placed on the Properly shall at any time be used as a residence temporarily or permanently.

11.4 Minimum Dwelling Size. The ground floor of the main structure of a dwelling, exclusive of open porches and garages, shall be established by the Architectural Review Committee and may be different between various Phases or even between various lots within the same Phase.

11.5 Completion of Construction. Any dwelling erected or placed on any lot shall be completed as to external appearance, including finished painting, within nine (9) months from the date of commencement of construction Each lot owner shall be required to clean up the lot of all cut or fallen trees, bushes, shrubs, etc. (clearing and grubbing) within two weeks after the clearing and grubbing activity begins and to haul the debris away from the subdivision. Each lot owner shall also be required to clean up the lot within ten (10) days of completing construction or when deemed necessary by the architectural committee to present a neat and tidy appearance to each lot during the building process. 

11.6 Nuisance. No noxious, illegal, or offensive activities shall be carried on in any dwelling, or in any part of the Property, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the Owners of his respective dwelling, or which shall in any way increase the rate of insurance for the Project, or cause any insurance policy to be canceled or to cause as refusal to renew the same, or which will impair the structural integrity of any building.

11.7 Signs. Signs advertising lots for sale or rent may be displayed on the appropriate lot without prior approval of the Board or the Architectural Committee, provided that such signs shall be of reasonable and customary size, not to exceed five (5) square feet. Except as expressly permitted by this paragraph, no signs shall be displayed to the public view on any dwellings or on any portion of the Property, unless first approved by the Board or the Architectural Committee.

11.8 Animals. No animals of any kind shall be raised, bred, or kept in any dwelling, or on any portion of the Property; except that no more than three (3) usual and ordinary household pets such as dogs and cats may be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and that they are kept under reasonable control at all times. Any such dog shall be kept on a leash at all times that the dog is in the Common Area. Owners shall prevent their pets from soiling all portions of the Common Area and in the event a pet does soil a portion of the Common Area, the owner or person in control of such pet shall immediately clean up after the pet. The Board may enact reasonable rules respecting the keeping of animals within the Project and may designate certain areas in which animals may not be taken or kept, or may require that specific animals not be allowed on any part of the Property.

NO PIT BULLDOGS OR EXOTIC ANIMALS SHALL BE PERMITTED ANYWHERE ON THE PROJECT BY ANY PERSON FOR ANY REASON AT ANY TIME.  PIT BULL as being defined as the American Stafford Shire Terrier by the American Kennel Club or the Stafford Shire Bull Terrier by the A.K.C., or the American Pit Bull Terrier by the United Kennel Club and exotic animals as being defined by Spokane County Ordinance.

            11.9 Pathways. All walks, roads, bike paths and pedestrian paths located within Common Area are for the use of Association Members on an equal basis, subject to reasonable rules and regulations promulgated in writing by the Association. It shall be the responsibility of each Member to allow maximum ease of pedestrian, bicycle and vehicular ingress and egress over walks, roads and driveways by allowing no obstruction or barrier on, across or adjacent to sidewalks or paths which would interfere with any other Members use of the Common Area or access to his dwelling. The pedestrian trail surrounding Shelley Lake shall be used pursuant to the rules and regulations established by Declarant or the Association governing the same as set forth in Paragraph 6.5.

11.10 Garbage and Refuse Disposal. All rubbish, trash and garbage shall be regularly removed from the Property, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment, garbage cans, wood piles, or storage piles shall be kept screened and concealed from view of other dwellings, streets and the Common Area..

11.11 Radio and Television Antennas. No owner may be permitted to construct, use, or operate his own external radio, television antenna, or other electronic antenna without the consent of the Architectural Review Committee.

11.12  Clothes Lines. No exterior clothes lines shall be erected or maintained without the consent of the Architectural Review Committee.

11.13  Power Equipment and Car Maintenance.  No commercial power equipment utilized for work other than routine maintenance of the lot or improvements, and no work shops or car maintenance of any nature whatsoever (other than minor repairs requiring no more then twenty-four (24) hours work) shall be permitted on the Property except with prior written approval of the Board. In deciding whether to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception, and similar objections.

11.14  Parking. Parking of boats, trailers, motorcycles, trucks, truck/campers, motor homes, and like equipment shall not be allowed on any part of the Property, nor on the Common Area. excepting only within the confines of an enclosed garage and no portion of the same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written permit approved by the Architectural Committee and except for loading, unloading, or maintenance, which shall not exceed 48 hours. All other parking of equipment shall be prohibited except in such areas, fully screened from public view, as may be approved in writing by the Architectural Committee. If any of the provisions of this section are violated, the Board of the Association may employ a tow truck to remove the vehicle after prior written notice to the owner and the owner of the vehicle shall be responsible for any charges arising there from. This paragraph shall not preclude the parking of automobiles, pickups, SUVs or other vehicles used in the transportation of the occupants of the dwelling.

               11.15  Accessory Buildings.  Accessory buildings such as storage structures end detached garages, which are incidental to a primary residence may be constructed only with the written consent of the Architectural Review Committee and shall comply with all Spokane County Zoning Rules and Regulations.

11.16 Exterior Lighting. All proposed exterior lighting must be submitted to the Architectural Committee for approval and shall be allowed only in very limited circumstances and situations. No halogen or high intensity yard lights shall be allowed.

11.17  No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants contained in this Article 11 or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenant. Any owner acquiring a lot in the Project in reliance on one or more of such restrictive covenants shall assume all risks of validity and enforceability thereof and, by acquiring the lot agrees to hold Declarant harmless there from.

11.18   Fences.  All fences must be submitted to the Architectural Committee prior to construction and must be approved by the Committee as to size, location, color and location of materials.  In no event shall cyclone fences be constructed if visible from any street within the Project other than as approved by the Architectural Committee, which will be in very limited circumstances.

11.19     Diseases and Insects.  No owner shall permit anything or condition to exist upon any lot or Parcel which shall induce, breed or harbor infectious plant diseases or noxious insects.

11.20   Model Homes.  The provisions of this Declaration which prohibit nonresidential use of lots and parcels and regulate parking of vehicles shall not prohibit the construction and maintenance of model homes by persons engaged in the construction of residential dwellings in the Project and parking incidental to the visiting of such model homes so long as the location of such model homes are approved by the Architectural Committee.  The Architectural Committee may also permit lots and other areas to be used for parking in connection with the showing of model homes so long as such parking and parking areas are in compliance with the ordinances of the County of Spokane and any rules of the Architectural Committee.

11.21  Incidental Uses.  The Board may approve uses of property within a land use classification which are incidental to the full enjoyment of the owners of the Property within that land use classification.  Such approval may be subject to such regulations, limitations and restrictions, including termination of the use, as the Board may wish to impose in its sole discretion for the benefit of the Project, as a whole.

END OF ARTICLE 11

RESIDENCE AND USE RESTRICTIONS