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Article 8 - Land Use

As used in this Article 8, the term "Property" shall exclude Exempt Property, and shall be further limited to that portion of the remaining Property described in subparagraphs (1) and (2) of ¶1.15 and that portion of the additional Property described in subparagraph (3) and (4) of ¶1.15 if, and only to the extent that, the instruments adding such additional Property expressly adopt the provisions of this Article 8 with respect to such additional Property. The following use restrictions shall be maintained and enforced with respect to the Property.

¶8.01 Restriction as to Use of Lots and Size and Height of Buildings
¶8.02 Temporary Improvements
¶8.03 Antennas
¶8.04 Utility Service
¶8.05 Site Placement
¶8.06 Parking, Loading and Unloading Areas
¶8.07 Service Screening, Storage Areas
¶8.08 Streets, Drives, Curbs and Walks
¶8.09 Storage Tanks
¶8.10 Building Exterior
¶8.11 Hobbies
¶8.12 Exterior Materials and Colors
¶8.13 Signs
¶8.14 Landscaping
¶8.15 Nuisances
¶8.16 Maintenance of Lots and Buildings
¶8.17 Right of Entry
¶8.18 Mineral Exploration
¶8.19 Machinery and Equipment
¶8.20 Vehicles, Trailers, Boats, Commercial Vehicles, or Motor Homes
¶8.21 Animals
¶8.22 Removal of Trees
¶8.23 Easement Across Lots Adjacent to Golf Course
¶8.24 Interference with Play on Golf Course
¶8.25 Drainage and Grading

8.01 Restrictions as to Use of Lots and Size and Height of Buildings: Lots 1 through and including 194, as shown on the recorded plat, referring to in Exhibit A to this Deed shall be used for single-family residential purposes only.

All Buildings constructed on the Property for use as single-family dwellings shall have the minimum floor areas, exclusive of basements, attics, garages, garage spaces, porches and decks, set forth below in this ¶8.01. All one-story single-family dwellings shall have a minimum floor area on the main floor of 1,400 square feet. All 1 1/2 story single-family dwellings shall have a minimum floor area on the main floor of 1,200 square feet. All two-story single-family dwellings shall have a minimum floor area on the main floor of 1,000 square feet. All other single-family dwellings, including split levels, shall have a minimum floor area of 1,800 square feet.

No Building may be constructed on the Property having a height greater than 35 feet measured from the finish grade of the Property at the main entrance of the Building to the ridge of the roof or to any other element of the Building (excluding chimneys, flues, and vents). In addition, Muirfield intends to restrict in deeds to the purchasers of certain platted lots on the Property the height above sea level to which the ridge of the roof or any other element of Buildings (excluding chimneys, flues, and vents) on particular lots may extend. Any such height restriction in a deed in which Muirfield is the grantor of a platted lot or lots of the Property shall at and after the time of the execution and delivery to the grantee of such deed be deemed to be and for all purposes of this Deed shall be treated as if it were contained in this ¶8.01.

8.02 Temporary Improvements: No temporary building or structures shall be permitted on any lot; provided, however, trailers, temporary buildings, barricades and the like shall be permitted for construction purposes during the construction period of a permanent building and for sales purposes during the sales of a project, provided, in addition, the Committee shall have theretofore approved in writing the design, appearance, and location of the same. They shall be removed not later than fourteen (14) days after the date of completion of the building(s) for which said temporary structure was intended, and shall be permitted for no longer than a period of one (1) year, unless a variance is granted by the Committee. Sales facilities can be located during the sales period of a project, but for no longer than a three (3) year period.

8.03 Antennas: No antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained on the Property outside any Building, whether attached to an Improvement or otherwise, without the prior written approval of the Committee.

8.04 Utility Service: No lines, wires or other devices for communications purposes, including telephone, television, data and radio signals, or for transmission of electric current or energy, shall be constructed, placed or maintained anywhere in or upon the Property unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on Buildings, or other approved Improvements; provided, aboveground electrical transformers and other equipment may be permitted if properly screened and approved by the Committee. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or under Buildings. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved improvements.

8.05 Site Placement: All Buildings and other Improvements shall be placed so that the existing topography and landscape shall be disturbed as little as possible, and so that the maximum number of desirable trees and other natural features will be preserved, unless the Committee approves in writing some other placement.

8.06 Parking, Loading and Unloading Areas: Adequate off-street parking must be provided for all residential units. Single family residential units must provide at least a two-car covered parking facility, plus additional off-street parking for at least two cars. As used herein, "car" shall mean a full-sized automobile, as opposed to a compact or subcompact automobile.

8.07 Service Screening, Storage Areas: Garbage and refuse shall be placed in containers, which shall be concealed and contained within Buildings, or shall be concealed by means of a screening wall of material similar to and compatible with that of the Building or Buildings on the lot, or shall be concealed by sufficient landscaping to provide a permanent screen at all times of the year. These elements shall be integrated with the Building plan, be designed so as not to attract attention, and shall be located in as reasonably inconspicuous manner as is possible. Unless specifically approved by the Committee in writing, no materials, supplies or equipment shall be stored on the Property except inside a closed Building, or behind a visual barrier screening such areas so that they are not visible from neighboring streets or properties.

8.08 Streets, Drives, Curbs and Walks: Streets, drives, cubs and walks shall be constructed or altered only in accordance with plans and specifications submitted to and approved in writing by the Committee.

8.09 Storage Tanks: No storage tanks, including, but not limited to, those used for storage of water, gasoline, oil, other liquid or any gas, shall be permitted on the Property outside a Building except as approved by the Committee.

8.10 Building Exterior: All windows, porches, balconies and the exteriors of Buildings shall at all times be maintained in a neat and orderly manner. No clotheslines or other outside drying or airing facilities shall be permitted.

8.11 Hobbies: Hobbies or activities that tend to detract fro the aesthetic character of the Property, and Improvements used in connection with such hobbies or activities, shall not be permitted unless carried out or conducted as directed by the Committee. This paragraph has reference to, but is not limited to, such activities as automotive and boat repair, and sport activities involving equipment placed on the Property.

8.12 Exterior Materials and Colors: Finish building materials shall be applied to all sides of the exteriors of Buildings. Colors shall be harmonious and compatible with colors of the natural surrounding and other adjacent Buildings. The Committee shall have the sole right to approve or disapprove materials and colors so controlled.

8.13 Signs: No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on the Property except:

1. Such signs as may be required by law.

2. Such signs as may be approved by the Committee, meeting the sign requirements contained in the Muirfield Design Standards.

8.14 Landscaping: The Property, including any land which shall have been altered from its natural state existing at the time of this Deed, shall be landscaped according to plans approved by the Committee. All shrubs, trees, grass and plantings of every kind shall be kept well maintained, properly cultivated and free of trash and other unsightly material. Landscaping as approved by the Committee shall be installed no later than one hundred eighty (180) days following occupancy of or completion of any Building, whichever occurs first.

8.15 Nuisances: No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property and no odors shall be permitted to arise or be emitted therefrom so as to render any portion of the Property unsanitary, unsightly, offensive, or detrimental to any of the remainder of the Property or to the occupants thereof. Without limiting any of the foregoing, no exterior lights, the principal beam of which shines upon portions of the Property other than the lot upon which they are located, or which otherwise cause unreasonable interference with the use and enjoyment of the Property by the occupants thereof, and no speakers, horns, whistles, bells or other sound devices, shall be located, used or placed on the premises, except security devices used exclusively for security purposes which are activated only in emergency situations or for testing thereof.

8.16 Maintenance of Lots and Buildings: No lot and no Building or other Improvement shall be permitted to become overgrown, unsightly or to fall into disrepair and all Buildings and Improvements shall at all times be kept in good condition and repair and adequately painted or otherwise finished in accordance with specifications established by the Committee. Each Owner, for himself and his successors and assigns, herby grants to Muirfield and the Association, jointly and severally, the right to make any necessary alterations, repairs or maintenance approved by the Committee to carry out the intent of this provision and they further agree to reimburse Muirfield or the Association for any expenses actually incurred in carrying out the foregoing. The Association may assess and collect such reimbursement (for itself or on behalf of Muirfield, as the case may be) in the same manner as it assesses and collects yearly assessments pursuant to Article 2, above, and such amounts shall become part of the Annual Charge against and a lien upon the Property as provided in Articles 1 and 2.

8.17 Right of Entry: Muirfield and the Association, and their respective representatives, shall have the right, during reasonable hours, to enter upon and inspect the Property and Buildings, whether prior to, during, or after the completion of, any construction of Improvements or Buildings, for purposes of determining whether or not the provisions of these Restrictions are being complied with and exercising all rights and powers conferred upon Muirfield, the Committee and the Association in this Deed with respect to the enforcement or correction or remedy of any failure of the Owner to observe these Restrictions, and Muirfield , the Committee and the Association and such representatives shall not be deemed to have committed a trespass as a result thereof. Notwithstanding the foregoing, an occupied Building may not be entered hereunder unless written notice of such proposed entry shall have been given to the Owner at least five days prior to such entry.

8.18 Mineral Exploration: The Property shall not be used in any manner to explore for, use, or exploit commercially any water, oil or other hydrocarbons, minerals on any kind, gravel, earth, soil, or any other substance located in or under the ground.

8.19 Machinery and Equipment: No commercial machinery or equipment of any kind shall be placed, operated or maintained upon the Property except such machinery or equipment reasonable necessary for use in connection with maintenance or construction of Improvements as approved by the Committee.

8.20 Vehicles, Trailers, Boats, Commercial Vehicles, or Motor Homes: No automobile or motor driven vehicle may be left upon the Property for a period longer than five (5) days in a condition such that it is incapable of being operated upon the public highways. After which time the vehicle shall e considered as a nuisance and detrimental to the welfare of the neighborhood and must be removed from Muirfield Village. Any towed vehicle, boat, motor home or mobile home regularly stored upon any residential tract, or temporarily kept thereon for periods longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from Muirfield Village. The foregoing, however, does not apply to such boats or other vehicles, whether motor-driven or rowed, as are stored wholly within a private garage or designated trailer storage areas. No commercial vehicles may be parked, stored or temporarily kept on the Property, except when stored wholly within private garages, or except when there temporarily to service existing improvements or to be used in connection with the construction of Improvements on the Property.

8.21 Animals: No animals, birds, insects, livestock or poultry of any kind shall be raised, bred, or kept on the Property except dogs, cats and other household pets which are kept for domestic purposes only, and are not kept, bred, or maintained for any commercial purpose. No more than two dogs and two cats may be kept on any lot or in any Building or combination of Buildings on any lot except when such dogs or cats in excess of such numbers are less than three months of age.

8.22 Removal of Trees: In order that the natural beauty of the Property may be preserved, no living tree having a caliper measurement or diameter of six (6) inches or more shall be destroyed or removed from the Property unless approved by the Committee in connection with its approval of the plans and specifications for the construction of Improvements on the Property or otherwise with the prior express written consent of the Committee. In the event of a violation of this paragraph, Muirfield, the Committee, or the Association and their respective representatives may, at its option, cause any tree so removed or destroyed to be replaced with another tree and the Grantee, for himself and his successors and assigns (whoever has caused the removal or destruction), shall reimburse Muirfield, the Committee, or the Association for all expenses incurred by it; provided, however, that with respect to the replacement of a tree, there shall be no obligation of reimbursement in any amount in excess of the expenses which would be incurred if the destroyed or removed tree were replaced with a tree similar in type and size, The Association may assess and collect such reimbursement in the same manner as it assesses and collects yearly assessments pursuant to Article 2, above, and such amounts shall become part of the Annual Charge against and a lien upon the Property as provided in Articles 1 and 2.

8.23 Easement Across Lots Adjacent to Golf Course: Until such time as a residence is constructed on a lot (see last paragraph of ¶8.24) which borders a fairway area of the golf course adjacent to the Property described in Exhibit A, Muirfield, the Association, or the operator of such golf course shall have a license to permit and authorize their agents and registered golf course players and their caddies to enter upon a lot to recover a ball or play a ball, subject to the official rules of the course, without such entering and playing being deemed a trespass.

8.24 Interference With Play on Golf Course: Owners of lots bordering on fairways of the golf course adjacent to the Property described in Exhibit A shall be obligated to refrain from any actions which would detract from the playing qualities of the course.

During any golf tournament held at the golf course adjacent to the Property described in Exhibit A which is sanctioned by any professional golfers’ association or international, national or state amateur golf organization, owners of lots bordering fairways shall suspend all construction activity, lawn maintenance and all other abnormally noisy activities which may cause disturbance to the play on the golf course.

Whenever used in ¶8.23 and ¶8.24, and elsewhere herein, the term "lot" shall mean any subdivided lot as shown on any recorded play of the Property and shall include two (2) or more contiguous platted lots if they are owned by the same party or parties and a residence has been constructed on one (1) of the contiguous platted lots.

8.25 Drainage and Grading: No drainage ditches, cuts, swales, streams, impoundments, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical improvements or elements of the landscape or terrain which control or determine the location or flow of surface water and drainage patterns may be destroyed, altered or modified by or at the direction or with the consent of any Owner without the prior written consent of the Committee. No Improvements to the Property shall be made in any manner whatsoever that is inconsistent with the master grading plans established by Muirfield or its successors or assigns for the Property, as they now exist or may hereafter be modified from time to time, without the prior written consent of the Committee. In the event of any destruction, alteration, modification or improvement made or occurring without such prior consent of the Committee, Muirfield and the Association and their respective representatives shall have the joint and several rights to enter upon the Property and any lot and to remedy or repair any such destruction, alteration, modification, or improvement without being guilty of trespass and without liability to any Owner with respect to the same or the consequences thereof. Whenever, because of construction of Improvements on a lot on the Property or for some other reason, silt would run off of a lot onto any adjacent property, the Owner of such a lot shall be obligated to provide a means of siltation control to prevent silt from running off of such lot onto such adjacent property.

Note: the Declaration has been retyped for readability purposes only. View a PDF of the entire Declaration (Warranty Deed) or the original signature page.
Declaration Table of Contents
Declaration Introduction
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17