1.    Lot Use: Lots are conveyed and shall be used for only residential, single-family purposes. These lots shall not be used for any business, commercial or manufacturing purpose. They may not be subdivided to accommodate two or more, separate owners or dwellings. No structure shall be placed, altered, erected or permitted to remain on any lot which exceeds two (2) stories in height. No structure may be moved in FALCON POINT ESTATES.

2.    No structure of a temporary character shall be used as a residence.

The following standards shall apply to all dwellings in "FALCON POINT ESTATES".

A.    Dwelling Size. All dwellings shall have a minimum living space of at least 1600 square feet. Dwellings in excess of a single story shall have a minimum living space of 1200 square feet at the lower level with a minimum living space of 1600 feet.

B.    Building Materials Requirements (Masonry). No dwelling shall be constructed on any lot in FALCON POINT ESTATES unless at least fifty percent (50%) of the exterior thereof are brick or stone; provided however, that the area of all windows and doors located in said exterior wall SHALL be excluded in the determination of the area of said exterior walls; and further provided that where a gable-type roof is constructed, then that part of such exterior extended above the room ceiling height may be constructed of wood material and shall also be excluded from the square foot area in the determination of the area of the exterior walls of said residence. In all cases, the masonry shall extend to the ground of said residence. In all cases, the masonry shall extend to the ground line, whereby the foundation shall be concealed. Any deviation of exterior construction materials shall be permitted only upon written consent of the developer.

C.    Garages. All dwellings shall have attached garages suitable for accommodating a minimum of two (2) standard size automobiles and not more that three (3) automobiles. All garages shall be accessed by an overhead garage door. No glass, plastic, other transparent material shall be permitted for use in the overhead garage door.

D.    Driveways and Culverts. All driveways into a lot from any street shall be constructed of concrete or asphalt and shall be not less than sixteen (16) feet in width. All driveways shall contain a drainage culvert of at least fifteen (25) inches in diameter and larger if necessary. Driveway drainage culverts shall be constructed with head walls conforming to the masonry of the dwelling and shall allow for no exposed concrete, metal or piping.

E.    Roof Pitch and Roofing Material. The roof of the dwelling shall have a pitch of a least 6/12 over 75% of the total area, and none of the roof area shall have a pitch of less than 3/12.

F.    Outbuildings. Outbuildings may be erected on any lots, provided that it is architecturally compatible with the house and be approved by the developer prior to construction. Outbuildings shall include any enclosed or covered structure not directly attached to the residence and appurtenant thereto, provided the developer may wave this restriction in the particular instance.

G.    Fences. No fences shall exceed six (6) feet in height. No fence of any type or nature whatsoever shall ever be constructed, erected, placed, or maintained closer to the front line than the building set-back line applicable and in effect as to each lot; provided however, that it is not the intention of the paragraph to exclude the use of evergreens or other shrubbery to landscape a front yard. A six (6) foot high privacy fence shall be approved by developer and constructed during normal home construction on Lots 1 through 5, Block 2.

H.    Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept, for a total three (3) maximum and the suckling young of said animals. No animals shall be kept, bred or maintained for any commercial purpose.

I.    Vehicle Storage and Parking. No inoperative vehicle shall be stored on any lot. No trailer, motor home, boat trailer or travel trailer shall be located, parked or stored within a front yard and parking of recreational vehicles shall be on a paved area, provided nothing herein shall prohibit the parking of customary passenger vehicles on the surfaces driveway.

J.    Antenna. No radio or television tower, aerial, or antenna shall be located on any lot. Satellite dishes over 24" in diameter shall be screed from view from the street.

K.    Billboards Prohibited. The construction or maintenance of billboards, or except that signs advertising the sale or rental of such property are permitted, provided they do not exceed three (3) square feet in size.

L.    Required Yards.

(a) No building shall be erected or maintained nearer to the front or side street lines than the building setback lines shown on the accompanying plat, nor shall it be nearer than seventy-five (75) feet from the back property line.

(b) All lots designated for single-family use shall have one side yard of not less than ten (10) feet, and no building shall be permitted with a required side yard.

        Front yard: 35 feet                            Other side yard: 10 feet

        Side yard 5 feet                                Back yard 75 feet

M.    Commercial Structures: No building or structure shall be placed, erected, or used for business, professional trade or commercial purposes on any portion of any single-family lot. This prohibition shall not apply to any building or structure that may be placed on any lot that is used exclusively by a public utility company in connection with the furnishing of public utility services.

N.     Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance on "FALCON POINT ESTATES".

O.    Waste. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other wastes. All wastes shall be kept in sanitary containers and all equipment for storage or disposal of such material and all lots shall be kept in a clean, neat manner, and mowed to the street. All waste containers must be removed from curbside and screened from roadway view within eighteen (18) hours after refuse collection vehicles empty the containers.

P.    Existing Structure. No existing, erected building, or structure of any sort may be moved onto or placed on any lot.

Q.    Temporary Structure. No trailer, tent, garage, barn, or outbuilding shall be at any time used for human habitation, temporary or permanently, nor shall any structure of a temporary nature be used for human habitation.

R.    Mailboxes. All mailboxes shall be enclosed in a brick or masonry structure which extends to the ground and conforms to the dwellings.

S.    Drainage Easement. No trees, shrubs or seedlings of any form shall be placed in drainage easements except certain grasses normally used for lawn purposes. No obstructions shall be placed or permitted to remain in any of the designated drainage ways that would hinder or restrict the free flow of drainage.

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