Building Restrictions

1.     All lots in said subdivision shall be used for residence only. No building other than a single family dwelling, not to exceed two (2) stories in height and a private garage for not more than three (3) cars, shall be erected, altered, placed or permitted on any one lot.

2.     No outbuildings of any kind or nature shall be erected, altered, placed or permitted on any lot in said subdivision except: (a) One private garage for not more than three (3) cars which must meet the specifications set forth in provision eleven ( 11) and (b) structures for housing equipment and/or directly related facilities for a swimming pool. Said structures must comprise a part of or be contained within the fence enclosing said swimming pool and must meet the specification set forth in provision 11.

        (a)        Swimming pools must comply with all state and local health regulations.

3.     A private garage building may be annexed to and be a part of the dwelling house, or, may be erected on the rear one-half (f) of any lot, but not less than 16 feet removed from the side boundary line, nor six (6) feet from the rear boundary line.

4.     No dwelling, private garage or building previously used as a dwelling or previously occu­pied for any purposes whatsoever shall be moved or placed on any lot in said subdivision.

5.     One story dwellings shall have an area of not less than one thousand two hundred (1200) square feet of floor space, exclusive of breezeways, porches, and/or garages. Two story dwellings shall have first floor area of not less than one thousand (1000) square feet of floor space, exclusive of breezeways; porches and/or garages and the second floor shall be no less than the first floor area.

                One and a half story dwellings shall have a first floor area of not less than eleven hundred (1100) square feet of floor space, exclusive of breezeways, porches and/or garages. Multiple level homes shall have a ground floor area of not less than nine hundred (900) square feet of floor space, exclusive of breezeways, porches and/or garages and no less than six­teen hundred square feet (1600) of total heated living space.

6.     No building shall be erected, placed, altered or permitted closer than sixty (60) feet from the front lot lines, nor closer than sixteen (16) feet from the side lot line.

7.     The exterior of all buildings erected on this subdivision shall be completed, including painting, within six (6) months from date of commencement of construction. No building shall be occupied as a residence until the exterior of the dwelling has been completed and un­til the sewage and sanitary specifications have been complied with as stipulated in Provision

8.     All excavation or other piles of earth, sand or gravel shall be leveled to “rough grade” standard within nine (9) months from start of construction.

8.     No privy-vault or outhouse shall be used, maintained or permitted on the premises, but in place thereof, the grantees or occupant shall, at their own expense, install septic tanks and flush toilets of a type, size and design approved by the Health Department of the State of Michigan. No cesspool, septic tank or drain from septic tank, shall be installed nearer than ten (10) feet from the side boundary line of any lot. Provided, however, that where drain­age is insufficient a “dry hole” shall be constructed or established in addition to the septic tank.

9.     All culverts installed on roads shall be approved by the Oakland County Road Commission, both as to size and installation.

10.   All dwellings erected on said premises shall be placed on cement foundations, or equiva­lent, in compliance with standard building practices and codes of the State of Michigan and ordinances of the Township of Avon.

11.   The exterior sidewalls of all dwellings and other buildings erected in said subdivision shall be constructed of new standard and approved materials, including brick, stone or standard wood siding. No outside siding, however, with an asphalt or Celotex base shall be used either in original construction or in repair. Roofs of all buildings shall be covered with shingles of asphalt, asbestos, slate or wood and no roll roofing shall be used except under said shingles. If pitch of said roof make said shingles unusable, said roof shall be built of hot tar construction and gravel or chip stone covered.

12.   No house trailer or other type of temporary dwelling shall be, at any time, placed or permitted within said subdivision.

13.   No poster, billboard or other advertising shall be erected or displayed on any lot or lots in the Subdivision other than those displayed by the Subdivider in the sale of the property, provided, however, this paragraph shall not prevent any lot owner from placing or having placed on his own premises a ‘For Sale’ sign.

14       No walls or fences except a retaining wall used to retain dirt not to exceed ground level shall be installed between the front of the house and the street. No fences, except picket, post and rail, new woven wire or lattice fences shall be erected upon any portion of any lot in said subdivision. No fence, in any event, shall exceed (5) feet in height.

15.   No junk, abandoned automobiles, nor anything shall be allowed, in this subdivision which may become an annoyance or nuisance to the neighborhood. No refuse or other unsightly or objectionable features shall be allowed on any of said lots unless the same shall be properly concealed. Gas, oil or storage tanks of any description shall be placed underground or other­wise out of sight.

16.   An easement is hereby reserved over each lot in the subdivision for the installation and maintenance of utility services and drains.

17.   The use of all lots shall be subject to all effective provisions of existing zoning and restrictive ordinances and such as may hereafter be enacted by governmental authority.

18.   No animals, livestock, fowl shall be maintained or kept on the premises. House pets, except on a commercial basis, are to be permitted. The term “house pets” as used herein shall not include any tamed wild animals such as cheetahs, foxes, or such other animals normally found in a wild state.

19.   If the parties hereto or the survivors of any of them, or their heirs, assignees, shall violate or attempt to violate any of the covenants and conditions herein, it shall be lawful for any other persons having title to any real property situated in said plat or any association of lot owners in said subdivision, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or conditions and to prevent him or them from such violations or to recover damages for same.

20.   Saving clause: Nothing in the foregoing revised restrictions shall be construed to have the effect of waiving, approving or releasing any existing violations of the former building and use restrictions heretofore imposed upon any lot in this subdivision, and the adoption of the within revised restrictions shall not prevent any action taken or to be taken to abate or enjoin any such existing violators.

21.   The foregoing building and use restrictions may be amended at any time by the approval in writing of two-thirds (2/3) of the lot owners in said subdivision.

22.   The invalidation of any of these covenants, conditions, limitations or restrictions by virtue of any judgment or Court order shall in no wise affect any of the other conditions, limitations, restrictions, herein contained and they shall remain in full force and effect.