ARTICLE V
ALLOWED USES
Section 20. General. All of said lots shall be used only for residential purposes. Only detached single family dwellings may be constructed on any lot, and only one per lot. Every dwelling shall have a private garage for no less than two cars. Subject to ACCO approval a caretaker or "mother-inlaw" unit attached to the primary residence shall be allowed if authorized under the existing zoning for the property.
Section 21. Driveways. Each driveway shall have a driveway surface constructed sufficient to provide year-round access by emergency vehicles. All work within a Mesa County road right-of-way requires Surface Alteration Permit issue by Mesa County. No alteration shall be done to roadside ditches without the required permit.
Section 22. Minimize Size. Each dwelling shall have minimum dwelling space in the first floor area, exclusive of open porches, patios, basements and garages of not less than 2,000 square feet for ranch style and 2,000 for multi-story dwellings.
Section 23. Building Envelope and Setbacks. Utilizing 25-foot setbacks for front yard (street) side yard, and rear yard for principal and accessory structures is allowed and does not require ACCO approval. Reduced setbacks may be allowed and must be granted by ACCO. In all cases, building locations must comply with applicable Mesa County code requirements. Detached accessory and storage buildings, barns and corrals must be approved by the ACCO. Construction shall be similar to that of the principal dwelling in color and style.
Section 24. Temporary Structures. No structure of a temporary nature, such as a tent, garage, trailer house, barn, or other outbuilding or basement shall be used on any lot at any time as a residence, either temporarily or permanently. All structures shall be of new construction built on-site. No mobile, modular or manufactured housing shall be allowed.
Section 25. Re-Subdivision. With the exception of Lots 1 and 19, no lot shall be re-subdivided except for lot line adjustments where no additional lots are created.
Section 26. Trash. No lot shall be used or maintained as a dumping ground for rubbish or storage area for junk. Trash, garbage or other waste must be kept in sanitary containers. All equipment for the storage or disposal of refuse shall be kept in a clean and sanitary condition. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed on any property which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others, or which may constitute a health hazard.
Section 27. Advertising. No signs, advertising devices or billboards shall be displayed within Christopher Estates unless written approval thereof is granted by ACCO. With the exception of one "For Sale" sign per lot, which shall not be larger than 18 inches by 24 inches, and except for signs used by the Developer for subdivision advertisement and signs used by builders to advertise during the building and sales period.
Section 28. Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except as proved in this paragraph. Dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. All pets must be controlled and contained so that they do not become a nuisance to the neighborhood and do not run at large or endanger or harass other animals or wildlife. Any unconfined pet must be on a leash under the control of a responsible individual.
Section 29. Screening. All clotheslines, implements, recreational vehicles, motor homes, boats, equipment, service yards, wood piles, storage piles or similar storage items shall be kept screened by adequate vegetation or fencing to conceal them from public and adjoining property or shall be stored wholly within the enclosed garage or accessory building located on the Lot. All screening plans shall be submitted to the ACCO for approval prior to construction.
Section 30. Roofs. Permitted roof coverings shall include: shake, cedar or cypress shake material; a minimum of 25 years premium asphalt shingles; wood shingles; tile; slate; or built-up roof materials where approved by the ACCO. Hipped roof style and character are encouraged along with a harmonic and integrated roof scape.
Section 31. Exterior Materials and Colors. Stains and paints shall be colors for subdued earth tones. No bright or garish colors including white shall be permitted on the exterior of any structure except white that is permitted for exterior doors and window treatment. All exterior walls shall be built of brick, stone or stucco. All street facing exterior walls shall contain at least 5% brick or stone.
Section 32. Height Restriction. All building pads shall not exceed three (3) feet above the highest point of the Lot grade existing prior to construction within the building foundation unless approved by the ACCO. All building heights will conform to the Mesa County Code.
Section 33. Antennas. No towers or antennas shall be erected on any lots which are higher than three (3) feet above the roof line of the highest structure on the lot. Satellite reception dishes shall be allowed that are less than 24 inches in diameter.
Section 34. Tanks. No elevated or underground tanks of any kind shall be permitted except in conjunction with the on-site sewage disposal systems and cisterns for water storage.
Section 35. Lighting. All exterior lights and light standards shall be subject to approval by the ACCO for harmonious development and prevention of lighting nuisances.
Section 36. Recreational Vehicles. No snowmobiles, ATV's go-carts, motorcycles, or similar recreational vehicles shall be operated in Christopher Estates except that motorcycles may be utilized for transportation to public roads.
Section 37. Hazardous Activities. No activities shall be conducted on any property and no improvements constructed on any property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any property; and no open fires shall be lighted or permitted on any property (including burning of trash or rubbish) except in a contained barbeque unit while attended and in use for cooking purposes or within a safe and well-designed fireplace, and except for ditch or pasture burning in accordance with County requirements and restrictions.
Section 38. Utilities. All utilities shall be buried underground from their primary source adjacent to the lot line at the owner's sole expense.
Section 39. Wildlife. No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted in Christopher Estates, it being the intent hereof to conserve and protect all wildlife to the fullest extent possible. However, Christopher Estates Homeowners Association shall be allowed to control nuisance animals.
Section 40. Landscaping. ACCO shall review for approval all landscaping and site plans. Landscaping plans must be submitted for ACCO approval within one ( 1) year after home construction is complete, which plans shall include a schedule of completion for not more than one (1) year after approval. The landscape objective for Christopher Estates is to protect and preserve the existing rural, pastoral and natural character of the property. Planting of natural grasses and vegetation, including cottonwoods and three leaf sumac will be encouraged.
Section 41. Fencing.
1. Fencing Within the Building Envelope. No fence of any kind shall be taller that six (6) feet with the exception of tennis court fencing which shall require prior approval by the ACCO. Welded wire and open wire rectangular field fencing shall be permitted. Chain link fencing shall be allowed for per containment and tennis courts only if screened from the view of adjacent roadways and adjoining properties by vegetation or other material approved by the ACCO. All privacy and screening fences including ornamental types shall be within the building envelope and shall be within one hundred (100) feet of the foundation of the principal dwelling, unless specific written permission is given by the ACCO for a variance. In determining whether permission should be given the ACCO shall consider the topography, vegetation and desires of the neighborhood.
2. Boundary, Intermediate Fencing. Boundary, intermediate and fencing outside the building envelope shall be subject to prior written approval of the ACCO.
3. Grand Valley Drainage District Easement. The Owners of Lots 1, 2 and 13 - 19 shall not install nor allow to be installed a fence of any kind within any portion Outlots A and B as shown on the plat for Christopher Estates. Until such time as the Grand Valley Drainage District abandons that portion of the Larson Drain which is coterminous with Outlots A and B, said District shall have complete, unblocked access to Outlots A and B, including the roadways along each side of the existing drain at all times for the purposes of maintenance of Drainage District facilities located within said easement if the Association has failed to properly maintain Outlots A and/or B. Also see, § 48, below.
Section 42. Mining. No property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth.
Section 43. Easements. Easements for installation and maintenance of utilities, irrigation and drainage facilities are reserved as shown on the recorded plat and may be added to by Lot owners.
Title to Outlots A and B will be granted to the Association in a separate deed as an outlot for drainage, detention and irrigation facilities, and other utilities approved by the Association.
Maintenance of Outlots A and B will be provided by the Association; if the Association fails to properly maintain all or any portion of Outlots A and B, as provided in§ 48, below, the Grand Valley Drainage District has the power and authority, but not the duty or obligation, to do so.
The following Specific Easements are granted to the Association by a separate deed and are for the specific use noted.
I. The 10-foot Irrigation and Drainage Easement across all Lots, as shown on the plat of Christopher Estates for the purpose of the installation, maintenance, and repair of irrigation and drainage services and facilities.
Section 44. Right of Way. All work in the right of way requires a Surface Alteration Permit issued by the jurisdiction administering the road system; no alteration is to be done to the roadside ditches without proper authorization.
Section 45. Plants. No owner shall permit any thing or condition to exist upon his Lot which shall induce, breed or harbor infectious plant diseases or noxious insects.
Section 46. Noise. No sound shall be emitted on any property which is unreasonably loud or annoying, and no odor shall be emitted on any property which is noxious or offensive to others.
Section 47. Irrigation and Tailwater System.
1. No use shall be made of the Irrigation System which will in any manner violate the statutes, rules, or regulations of any governing authority of the Association.
2. The use of the Irrigation System shall be subject to such rules and regulations as may be adopted from time to time by the Board of the Association. Reserve Lots 1 & 19, however, will be permitted to furrow irrigate. All other Lots will use sprinkler or drip systems.
3. Due to concerns regarding water conservation and the geologic integrity of the Subdivision, the Association shall have the exclusive right to control the irrigation system within the Subdivision. The Association shall pay the annual assessment on the shares/stock of the lateral company.
Section 48. Maintenance of Outlots A and B.
1. The Association has the primary duty and obligation of maintaining and operating the detention facility for Christopher Estates which exists or will exist within said Outlots A and B.
2. The maintenance that the Association shall accomplish includes the following:
a. As needed in order that the existing pipe under Estates Drive, including the upstream invert and the downstream outlet structures, is/are continuously free of debris, silt and other materials or objects that would tend to slow the seep and irrigation return flow waters from lands up-gradient of Christopher Estates;
b. At least yearly, before the beginning of each irrigation season, burning of weeds and other vegetation with Outlets A and B;
c. As needed but in any event at least once each two calendar years, removal of accumulated silt and other earthen materials in or near the existing flow line for any water within Outlots A and/or B;
d. Removal of the removed materials described in ( c) as the Association sees fit; and
e. Such other maintenance or work as is necessary so that the seep and/or irrigation return flow waters from lands up-gradient of Christopher Estates continues to flow into and from Outlots A and B at all times.
3. If the Manager of the Grand Valley Drainage District determines, in his reasonable discretion, that insufficient maintenance of Outlots A and/or B is occurring, he may give notice of the required maintenance to the Association. If such notice is given and the required maintenance is not performed within 60 days following such notice, the Grand Valley Drainage District has the right and authority but not the duty or obligation to perform such required maintenance.
a. The District shall bill the Association for any work or maintenance performed by the District as described in preceding sentence.
b. If the Association does not pay to the District or the District's contractor, as the case may be, the entire bill submitted to the Association within 30 days of the date of the bill described in the preceding sentence, the District shall be entitled to interest on said bill at a rate of fifteen percent per annum, compounded annually, plus a five percent (5 % ) administrative fee.
c. If the District does not receive payment in full for any such bill within 60 days of the date of the bill, notwithstanding any contrary provision in this Declaration, the District has the right to: (i) Obtain judgment against each Owner of each Lot, jointly and severally, within Christopher Estates for the full amount owed to the District, plus interest and administrative fees, plus the District's attorneys fees and costs; and/or (ii) File a mechanic's lien against each and every Lot within Christopher Estates; and/or (iii) Sue the Association for the amount of the bill plus interest and administrative fees as set forth above, plus the District's attorneys fees and costs; and/or (iv) File a declaratory judgment claim, which may include other claims including foreclosure of the mechanic's lien.
d. If the District engages an attorney to seek collection, foreclosure or enforcement of the District's right to be paid the amount of the bill, plus interest thereon and including administrative fee(s), the District shall be entitled to its attorneys fees and costs, and the Court shall award the full amount of the District's reasonable attorneys fees and costs incurred in pursuing one or more remedies against the Association, the Lot Owners and/or foreclosure, if the District is successful in any significant portion of any claim or action filed by the District.