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2.  DWELLING REQUIREMENTS:  No dwelling shall be constructed on any lot unless the area of the main structure meets with the following requirements:

3.  ARCHITECTURAL REQUIREMENTS & ARCHITECTURAL CONTROL COMMITTEE:  No building, garage, accessory building, outbuilding, fence, nor any addition to existing buildings, garages, accessory buildings, outbuildings or fences, nor any other structure, pole, radio or television aerial or transmitter mast or tower except structures permitted under the provisions of paragraph 7 of these restrictions, shall be erected or permitted to remain upon any lot in the subdivision, unless the plans and specifications for the same (two copies) a plat showing placement of the building or structure upon the lot (two copies) and such additional information as to exterior materials and architecture (two copies) as may be called for by the Elizabeth Lake Architectural Control Committee have been signed by said Committee and approved by it in writing.
 
The said Committee, to consist of no less than three nor more than five members, appointed by the general partner of the said Elizabeth Lake Estates, a limited partnership, shall, if the said plans, specifications, plat and other information be approved, return one copy of all documents filed to the party filing the same, with the approval thereof endorsed upon each and signed by the Chairman of the Committee.
 
The standard to be applied shall be determined and/or changed by the Committee from time to time as it, in its sole discretion shall determine with the general standards to be applied being calculated to ensure harmony of exterior design, appearance, materials and placement of buildings and structures, with the subdivision.
 
The members of the said Committee shall be appointed, reappointed, and removed after the date of recordation of this Instruments by the general partner of the partnership, as he, in his sole discretion, sees fit, until such time, as he in his sole discretion may determine, it is deemed advisable to delegate this authority permanently to a new committee, composed of not less than three nor more than five persons designated by such civic organization as may hereafter be formed in the subdivision, with membership limited to residents thereof, and/or owners of numbered lots in the said subdivision. 
 
After the said delegation has been accomplished, the said new committee shall succeed to all powers and obligations of the Elizabeth Lake Architectural Control Committee as set forth in these restrictions, and may be appointed, reappointed and removed under such rules and by-laws as may be prescribed by the said Civic Organizations and the interest and control of the said general partner as to matters contained in this paragraph shall cease, upon the said delegation being accomplished. 
 
 
4.  BUILDING LOCATION:  No building shall front on any street in the subdivision except:  Eppington Cir, Marlfield Cir, Eltham Ct, Warrington Cir, & Wrexham Ct, nor be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback line shown on the recorded plat.  There shall be a side yard along each side of each building and the sum of the sides thereof shall be not less than twenty-five percent (25%) of the lot’s width measured at the building setback line.  The minimum width of any such side yard shall be ten percent (10%) of the lot’s width, except that if the total required width of the two side yards is twenty-five (25) feet or more, one need not be more than ten (10) feet in width.
 
There shall be a rear yard having a depth of not less than twenty (20) feet, provided that if the depth of the lot is greater than seventy-five (75) feet, the required depth of the rear yard shall be increased by an amount equal to one third of the rear yard depth over seventy-five (75) feet, however, no such rear yard need be more than thirty-five feet in depth.  Every rear yard shall extend to and be measured from the rear-most portion of the main building.  No garage building shall be more than one story in height nor cover more than twenty percent (20%) of the rear yard; no garage building shall be located closer than five (5) feet to the rear property line nor closer than (3) feet to the side property line.
 
For the purpose of this covenant, eaves steps, and open porches, excepting side porches, shall not be considered as a part of a building, provided, however, that this shall not be constructed to permit any portion of a building on a lot to encroach upon another lot.
 
 
5.  SEWAGE DISPOSAL:   Every dwelling unit constructed within this subdivision shall be connected to the public sewage disposal system.
 
 
6.  EASEMENTS:  Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of subdivision.
 
 
7.  UNDERGROUND ELECTRICAL AND TELEPHONE SERVICE:  Neither poles nor other structures for the carrying or transmission of electric power or telephone service, nor any electric or telephone line or cable, elevated or carried above the surface of the land or ground, and not completely enclosed within some building or structure permitted under the provisions of these restrictions, shall be erected, altered, placed, or permitted to remain upon either:  (1)  any lot in the subdivision, or (2) in or upon any street, alley, sidewalk, curb, gutter or easement or right of way included within the subdivision.  All electric and telephone service facilities constructed or placed within the subdivision, unless completely enclosed within some building or structure permitted under the provisions of these restrictions, must be carried, housed, or placed beneath the surface of the land in the subdivision.
 
(a)  The provisions of this paragraph 7 shall not apply to street lights supported by columns, or transformer boxes and containers for electrical equipment with providing electric or telephone service to permitted structures within the subdivision, so long as such transformer boxes or containers do not project more than five (5) feet above the surface of the ground and so long as such street lights and the columns supporting them, and such transformer boxes and containers are not attached directly to electric or telephone wires and cables elevated above the surface of the ground; nor shall the provisions of this paragraph 7 apply to electric or telephone wires and cables, elevated  above the surface of the ground, but attached throughout their exposed or elevated length to the side of some building or structure  permitted under the provisions of these restrictions.
 
 
8.  WAIVER OF RESTRICTIONS:
(a)  The requirements of paragraphs 3, 4, and 7 of this instrument may be waived as to any individual lot or structure, by the unanimous vote of the Elizabeth Lake Architectural Control Committee or its successor appointed by the said Civic Organization as set forth in paragraph 3 above; provided however, that no such waiver shall be granted by the Committee unless:

(b)  The granting or denial of a waiver by the Committee under this paragraph 8 of these restrictions shall be a matter solely within the discretion of the Committee, and neither the Committee nor any of its members, jointly or individually, shall be subject to any liability to any person or organization whatsoever as a result of any action or inaction of the Committee.
 
 
9.  NUISANCES:  No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which  may or may become an annoyance to the neighborhood
 
 
10.  FENCES:  No fence shall be erected on any lot nearer to a street than the minimum setback line shown on the recorded plat.
 
 
11.  TEMPORARY STRUCTURES:  No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
 
 
12.  LIVESTOCK AND POULTRY:  No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other similar household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose
 
 
13.  SIGNS:   No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or sign used by a builder to advertise the property during the construction and sales period.
 
 
14.  GARBAGE AND REFUSE DISPOSAL:   No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste shall not be kept except in sanitary containers.  All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition to the rear of the dwelling concerned.
 
 
15.   SIGHT DISTANCE AT INTERSECTIONS:  No  wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended.  The same sight-line limitations are to apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement.  No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
 
 
16.  WATERWAYS AND WATERFRONT LOTS:
 
(a)   Definitions:

If at any time in the future a “Parent Lot” is conveyed or transferred to any  party whatsoever, and the description omits the “Suffix A Lot,” such conveyance or transfer shall nevertheless operate as a conveyance or transfer of its “Suffix A Lot” to the party in whose name the title to the “Parent Lot” is vested.  Furthermore, the attempted conveyance or transfer in the future of a “Suffix A Lot” above shall automatically operate  to vest title to the “Parent Lot” in the same party to whom the “Suffix A Lot” is conveyed or transferred, it being specifically intended that a “Parent Lot” and its “Suffix A Lot” be considered as one lot for purposes of transfer.
 
For purposes of clarification under the terms of this paragraph, Lots 7-A, 8-A, 11-A, 12-A, 13-A, 17-A, 18-A, 19-A, and 20A are and shall be considered as being located in Block H, as shown on said plat; and lots 24-A, 25-A, 26-A, 27-A, 28-A, 29-A, 30-A, 31-A, 32-A, 33-A, and 34-A are and shall be considered as being located in Block G, as shown on said plat. 
 
No structure, fence, or improvements of any kind shall be constructed or maintained on any  “Suffix A Lot” at any time without the express permission of the Elizabeth Lake Architectural Control Committee first being obtained, as provided in paragraph 3 of these restrictions.  That portion of any “Suffix A Lot” located above mean low water, shall at all times be kept and maintained by the owner of its “Parent Lot,” in a presentable and neat condition as determined by the said Elizabeth Lake Architectural Control Committee.  Since Lots 7-A, 8-A, 11-A, 12-A, 13-A, 17-A, 18-A, 19-A, and 20-A, in Block H, as shown on said plat, are actually a canal or waterway, the owner or owners of each of these lots is hereby granted a perpetual easement over the waters of these lots for purposes of ingress and egress, by boat, to and from their respective lots in order to have access to Hampton Creek.
 
Waterway Facilities:  Boat Landings, docks, piers, and mooring posts (sometimes hereinafter referred to as “Facilities”), if installed, shall be constructed substantially as shown on Sheets 1, 2, and 3 of Exhibit A, made by Rancorn-Wildman and Krause, Architects, attached hereto and made a part hereof; but even though their construction is to conform with said plans, said facilities shall not be constructed until such time as the plans and specifications therefore, including the location of said facilities with relation to the lot they are to serve, have been approved in writing by the Elizabeth Lake Architectural Control Committee as constituted in paragraph 3 of these restrictions, which request for approval and approval or rejection, are to be accomplished in accordance with the procedures set forth in said paragraph 3 of these restrictions; it being specifically understood that the granting of permission for the installation and construction of said facilities, even though the plans and specifications conform, shall be subject to the sole determination of said Architectural Control Committee, which Committee may withhold permission for any reason whatsoever.  No boathouse, derrick, davits, apparatus, or any thing used in connection with said facilities or boating shall be installed, kept or maintained on any of said waterfront lots or on any pier or dock thereof, if same, in the sole determination of said Architectural Control Committee, constitutes an eyesore or detracts from the general appearance of the neighborhood, and said Architectural Control Committee shall have the right to institute an appropriate action for the abatement of any such violation.  Likewise, the Architectural Control Control Committee shall have the right to regulate the size of any boat or vessel which may be moored to any dock or mooring posts along the waterways adjacent to the lots in the subdivision and the granting of permission to moor a vessel of a certain size to the facilities of one lot shall not entitle another lot owner to such permission.  The building of additional land in order to extend a lot into a waterway beyond the bulkhead now located thereon, and/or the alteration of the waterfront lot lines as now determined by said bulkhead, is and shall be prohibited.  No vessel or boat shall be anchored or moored offshore from any lot in the subdivision in the waterways adjoining the lots of said subdivision so as to in anywise interfere with navigation as determined by said Architectural Control Committee.  The construction or installation of the facilities above described shall be construed to mean not only their initial installation but any additions or alterations thereof.  Any of such facilities so approved, when constructed shall be diligently and promptly completed (once construction is commenced) and such facilities shall there-after be maintained in a proper condition as determined by said Architectural Control Committee.
 
Disclaimer of Warranty:  In conveying any of the lots shown on the plat first herein above described which front on a waterway or canal, even though the deeds of conveyance make no reference thereto, it is understood and agreed that Elizabeth Lake Estates, a limited partnership, makes no warranty of title to that portion of said lots located below high water
mark of said waterway or canal.