ARTICLE XV
RESTRICTIONS ON THE USE OF PROPERTY BY OWNERS
Section 1. Permitted Uses. No building or structure shall be erected, altered, placed, or permitted to remain on any lot other than one single family dwelling of at least 1500 square feet of living space per lot, with or without an attached garage (for not more than three cars) and one accessory building not to exceed 1400 square feet in total area per lot, and sewage disposal appurtenances. A second accessory building not to exceed 120 square feet in total area may be erected, placed, or permitted on any lot, provided the second accessory building is screened by vegetation from view from all of the other real property which is the subject of these Bylaws.
Section 2. No Temporary Dwellings. Except during the period of construction of a dwelling on that lot, no trailer, camper, tent, garage, barn, or other outbuilding, or any other structure of a temporary character shall be used on any lot as a residence.
Section 3. Construction. All structures shall be of new construction (except used brick, siding or similar decorative materials may be used), and construction thereon shall not be commenced until a building permit from the appropriate public agency is obtained, together with architectural control approval as provided for hereafter. No prefabricated residential dwellings, including mobile homes or modular homes, shall be permitted.
Section 4. Dates of Completion and Landscaping. The work of construction of all buildings and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. Unless an extension of time is granted in writing by the Architectural Control Committee for good cause shown, all structures shall be completed in external appearance, including, finishing, painting, or staining, within twelve (12) months from the date of commencement of construction. Landscaping, as required hereafter, shall be completed within twelve months of the date of completion of construction of an owner's dwelling.
Section 5. Control of Debris and Junk. All lots shall be maintained in a reasonably presentable condition. Debris, weeds, or other waste material ("debris") shall be removed or controlled on all lots, whether vacant or improved.
Debris is defined as:
- any obvious remains of something broken down or destroyed, or
- scattered or accumulated fragments of something wrecked or destroyed, to include, but not limited to, vehicles, machinery, building materials, and landscape materials.
All junk and scrap materials shall be removed or controlled on all lots, whether vacant or improved. Junk is defined as "any manufactured good, appliance fixture, furniture, machinery, vehicle, personal property, or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, or so worn and deteriorated that there is no longer remaining any capability for use in the manner for which it was originally manufactured". Scrap materials, include scrap iron and other metals, paper, rags, rubber tires, bottles and such other worn out or discarded material as can be turned to some use, but which cannot be used again for the purpose for which it was originally intended.
If any owner does not remove or control debris within sixty days after notice to such owner from the Architectural Control Committee and/or its assigns, the Architectural Control Committee and/or its assigns shall have the right to enter onto the lot and remove or control the debris, junk, or other scrap material. The committee's cost of such removal or control shall be charged to the owner and shall be a continuing lien upon the lot, as well as the personal obligation of the owner, and such lien may be foreclosed in accordance with proper legal procedure.
Section 6. Garbage. No garbage, refuse, or rubbish shall be deposited or kept on any lot except in suitable containers which shall be regularly hauled by or for the owner to a public or other suitable dump site.
Section 7. Animals. No animals, livestock, or poultry shall be raised for commercial purposes.
No animals, livestock, or poultry shall be raised for commercial purposes.
Any and all animals must conform to the restrictions in Island County Washington Code of Ordinances Title VI, including Chapter 6.20.020 - Animals, Inherently Dangerous.
Animals, other than commonly domesticated indoor household pets, shall require approval from the membership.
Members, or prospective members, may submit a detailed petition to the Board of Directors for permission to keep a certain number of specified animal(s) other than common domesticated indoor household pets. Photos (if available) and detailed graphics of structures, fencing, or landscaping, and detailed plans to mitigate odors, dust, pests, noise, and waste must be included in the petition for the consideration of members.
The Board shall promptly share the detailed petition with each Member (as specified in Article III- Section 1).
Any Member may call for a Special Meeting within 7 days of the petition being shared to discuss the petition (as specified in Article VI Section 2). If a Special Meeting is called, the petitioner(s) shall be informed and be offered an opportunity to make a presentation at this meeting.
The Board shall conduct a vote among all members in a timely manner. Voting shall be completed no later than 7 days after the initiation of voting.
At least two-thirds (2/3) of the property owners actually voting in person or by Proxy (one per property) shall be necessary for permission to keep the specified animal(s).
Once an owner is approved for animal keeping, the approval shall remain with the property and automatically pass to any new owner.
Inspections shall be made annually by the Architectural Control Committee to confirm that the structures are being maintained in good repair and appearance, and that the accommodations are maintained in a clean and sanitary manner. Structures, facilities, and the animal(s) shall not impose on any other home, or its landscaping, with odors, insects, damage, or any other obnoxious intrusion. Additionally, any property owner may request an inspection for good cause at any time. Inspections shall be conducted by the Architectural Control Committee and/or its assigns.
If the property owner fails to maintain overall cleanliness and structural integrity in a proper manner the permit shall be suspended. The owner must resolve the problem(s) within 45 days. If the owner fails to resolve the problem(s) within this time frame, the Architectural Control Committee and/or its assigns, shall have the right to enter the property and take whatever steps necessary to eliminate the problem(s), including hiring of professionals to clean, repair or dismantle the accommodations, removal of the animals, and/or the filing of a lawsuit. The committee’s cost of such actions shall be charged to the owner and if unpaid shall be a continuing lien upon the property, as well as the personal obligation of the owner, and such lien may be foreclosed in accordance with proper legal procedure. All expenses incurred to be born by the property owner.
Section 8. Activities. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood.
Section 9. Parking Restrictions. Mobile homes, commercial fishing boats or any similar vehicles shall not be parked. Vacation trailers, campers, boats will generally be allowed unless declared a nuisance by the Architectural Control Committee in which case these should be screened or housed in a barn or shed.
Section 10. Underground Utilities. All permanent utility systems shall be underground.
Section11. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarry or mining operations of any kind shall be permitted on or in any of the property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on or in any property.
Section 12. Signs. No signs of any kind shall be displayed to public view of the property except for the following: (1). a sign, no larger than twenty (20) square feet, advertising the lot or unit for sale or rent; or (2). for the developer or builder to advertise the lot or unit during the construction and sales period. (3). Such signs as may be required by law or any legal proceeding.
Section 13. Protection of Views. Shrub, trees, or bushes may be allowed as long as they do not unduly restrict the view from main dwellings on adjoining lots or units.
Section 14. Fences. Fences shall be limited to a height of six feet and constructed of wood, masonry, vinyl and/or metal (no chain link).
Section 15. Derogation of Laws. No owner shall carry on any activity of any nature whatsoever on the property that is in derogation or violation of the laws and statutes of the State of Washington, Island County, or other applicable governmental body.
Section 16. Height Restriction. All residences shall be limited to two story structures and a total height of twenty-eight feet maximum height from the ground to the peak of the roof.
Section 17. Sewage Disposal. No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of Island County Health Department. Approval of such system as installed shall be obtained from such authority.
Section 18. Cross Connection Control. No residential water system shall be permitted on any lot unless such a system is consistent with and in accordance with the Cross-connection Control Program provided in the WBRA Small Water System Management Program (SSWMP) and described in the Washington Administrative Code, Chapter 246-290-490, as is now or as hereafter amended. Operating policies and technical provisions are described in the SWSMP. Corrective actions to ensure that Members comply with the Association's cross-connection control requirements may include, but are not limited to:
- Denying or disconnecting water service until the cross-connection hazard is eliminated or controlled to the satisfaction of the Association
- Requiring the member to install an approved backflow preventer for premises isolation commensurate with the degree of hazard
- Installing an approved backflow preventer for premises isolation (at the expense of the member) commensurate with the degree of hazard.
Last Amended at the Special Meeting July 2019
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