ARTICLE V – Architectural Criteria and Building Restrictions

5.01 Residential Building
No building shall be erected, placed or permitted to remain on any Lot other
than one (1) detached residential dwelling and attached garage. Notwithstanding the foregoing, buildings and structures
accessory to the use of the family occupying the dwelling may be erected on the Lot upon approval by the ARC provided
that any such accessory buildings do not furnish residential accommodations for an additional family.
5.02 Building Lines
The building setback lines for the front, side and rear yards shall be as set forth in the then-applicable Athens Code and/or Development Agreement. No dwelling or structure shall be located in any such setback. While it is intended that the minimum setbacks shall be as set fm:th in the Athens Development Code and/or Development Agreement, the ARC as part of the architectural review process, may increase a specific setback where it finds that, because of the location, nature and shape of the Lot and design of the structure, such increase in setback is reasonable and appropriate and will result in a Lot that is developed and utilized in an appropriate manner that is not detrimental to surrounding properties. In exceptional circumstances for  good cause shown, and if allowed by applicable law or ordinance, the ARC may grant a variance from the provisions hereof.
5.03 Building Height Limitation
No dwelling, house or other building shall be more than two (2) stories in height, nor more than thirty (30) feet above the grade of the crown of the street upon which the Lot fronts. Developer and/or the Association may in their discretion establish differing height limitations for each Lot Type.
5.04 Minimum Floor Space
Each dwelling located on a Lot shall contain not less than the following minimum amount of living area, which shall not include porches, patios, lanais, garages or breezeways:

Lot Type Minimum Living Area
“Executive” 2000 square feet
“Family Lot” 1600 square feet
“Single Family” 1200 square feet
“Single Family” 1000 square feet
“Patio Home” 1000 square feet
“Golf Villa” 650 square feet
5.05 Garages
Unless otherwise specifically approved by the ARC, no garage, tool shed or storage room may be constructed separate and apart from the dwelling. Garages on University Estates Boulevard will be side or rear loaded. Except forthe Golf Villas, no carport shall be permitted. No garage shall be enclosed by screen or otherwise, or converted to other use without the substitution of another garage on the Lot meeting the requirements ofthis Declaration. All vehicles, boats and all other items shall be kept within the enclosed garage at all times except for loading, unloading or washing. Garage doors shall be kept in a closed position when not in use. Certain residential neighborhood zones require side load or rear load garages and shall be identified by the Developer during the ARC review. Each dwelling shall have an enclosed garage which meets the following requirements:

Number of Automobiles that Garage Accommodates
Lot Type Minimum Maximum
“Executive” 2 3
“Family Lot” 2 3
“Single Family” 2 3
“Single Family” 1 2
“Patio Home” 0 2
“Golf Villa” 1 1
5.06 Driveways and Mailboxes
All dwellings shall have a paved driveway of stable and permanent construction of at least twelve ( 12) feet in width. All driveways shall be constructed with concrete unless otherwise specifically approved by the ARC. An Owner shall repair in a neat and orderly fashion any and all curbs broken in construction of a driveway entrance. Mailboxes and supporting poles, newspaper boxes, and lampposts and lamps shall be of a design approved by the Developer or the ARC and lights shall operate automatically from dusk to dawn.
5.07 Recreational Facilities
  1. All Recreation Facilities constructed or erected on a Lot, including, without limitation, swimming pools, tennis courts, and any other play or recreation structures, including basketball backboards, platforms, playhouses, dog houses or other structures of a similar kind or nature (collectively referred to herein as “Recreation Facilities”) shall be adequately walled, fenced or landscaped in a manner specifically approved by the ARC.
  2. Lighting of a Recreation Facility shall be designed so as to buffer the surrounding residences
    as reasonably practical from such lighting, and such design must be approved by the ARC.
5.08 Utility Connections
Connections for all utilities, including, but not limited to, water, sewage, electricity, telephone and television shall be run underground from the connecting point therefore to the building structure in such a manner as is acceptable to the respective utility authority or company and the ARC. All Lots will be required to purchase a gas tap from Southeast Natural Gas Company. See Exhibit “J” for disclosure statement.
5.09 Air Conditioning Units
No window, roof, or wall air conditioning units shall be permitted on any Lot without ARC approval.
5.10 Antennae and Aerials
Unless it is screened from public view, no antennae, mast, dish, disc, aerial or other similar device shall be placed upon any Lot or affixed to the exterior of any building, and no such facility placed or affixed within a building shall extend or protrude beyond the exterior of such building. The ARC may require such structure be painted to blend in with the environment or impose any other provisions that are legal. Provided, however, the ARC may approve any such item if it is erected and maintained in such a way that it is screened from public view. No such device is permitted under any circumstances if it sends, contributes to or creates interference with any radio, television or other communication reception or interferes with the operation of other visual or sound equipment located within any part of the Neighborhood.
5.11 Clothes Drying Area
No clotheslines or other facilities or apparatus for the drying of clothes outside of a dwelling shall be constructed or maintained on a Lot, and clothing, sheets, blankets, towels or other articles shall not be hung over fences or otherwise exposed, except where such activity is advised or mandated by governmental authorities for energy conservation purposes, in which event the ARC shall be required to approve the portions of any Lot used for outdoor clothes drying purposes and the types of devices to be employed.
5.12 Signs
The size and design of all signs located on a Lot shall be subject to the approval of the ARC and applicable law. Except as otherwise provided by law, no sign of any kind shall be displayed to general view on any Lot except under the following circumstances:

  1. Directional or traffic signs may be installed by the appropriate governmental authority, by Developer or by the Board and entrance or other identification signs or billboards may be installed by the Developer or the Board;
  2. Developer, its successors and assigns, may display signs in connection with development and sale of the Neighborhood;
  3. One “For Sale” or “For Lease” sign of not more than six square feet, being not wider than three feet nor higher than three feet, may be displayed on a Lot by the owner or the agent for the Owner thereof. A “For Sale” or “For Lease” sign, as furnished by a real estate agent is permissible without ARC review. However, a “For Sale by Owner” of”For Lease by Owner” sign shall be of the style, size, color, configuration and manner of placement as specified by the ARC, and
  4. Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal, provided that such signs shall not be erected more than 30 days in advance of the election to which they pertain, and are removed within 15 days after the election . The ARC may specify size, location and quantity of such signage.
5.13 Temporary Structures
No structure of a temporary character, whether a trailer, tent, shack, garage, barn or any other such building, shall be placed on any Lot, provided, however, a temporary construction trailer and/or a storage or outbuilding for materials and supplies may be used in connection with and during the construction of a dwelling provided that any such temporary structure shall be removed immediately from the Lot upon the completion of such construction.
5.14 Completion of Construction and Repairs
The construction of any new building or the repair of the exterior of any building damaged by fire or otherwise shall be completed with reasonable promptness under ARC review.
5.15 Offices and Model Homes of Developer
Notwithstanding anything in this Declaration to the contrary, Developer, or its nominee(s) may construct and maintain sales and/or administrative offices and/orone or more model homes, together with a sign or signs and parking areas relating thereto, on Lots or a Lot of its choosing until such time as all of the Lots have been sold by Developer. Developer’s offices shall not be required to undergo architectural review. Developer may maintain one or more garage offices consisting of a garage with French doors facing the street, or such other offices as Developer deems appropriate in Developer’s sole discretion. In addition, Developer, or its nominee(s) shall have the right to take any action reasonably necessary to transact any business necessary to administer its interests, consummate the development of the Neighborhood and sales and/or leasing of the Lots herein and/or other properties of the Developer. The sales and/or administrative offices, model home sites, and the signs, parking areas, and all other items related thereto and to the development, sales and administration thereof shall remain the property of the Developer, or its nominee(s), as applicable.
5.16 Compliance with OEPA, ACOE
Each Owner is hereby notified that the property within the Neighborhood is subject to the requirements of Surface Water Management Permit(s) issued by the Ohio Environmental Protection Agency. It shall be the responsibility of each Owner at the time of construction of a building, residence or structure to comply with the construction plans for the storm water management system pursuant to Chapter 3745 OHIO REVISED CODE, approved and on file with the OEPA. No construction activities may be conducted relative to any portion of the surface water management system facilities without the prior approval of the Association and OEPA pursuant to Chapter 3745 O.R.C. Prohibited activities include, but are not limited to: digging or excavation; depositing fill, debris or any other material or item; constructing or altering and water control structure; or any other construction to modify the surface water  anagement system facilities. The District shall have the right to take enforcement actions to enforce the terms hereof and Chapter 3745 0.R.C., including a civil action for injunction and/or penalties against the Association to compel it to correct any outstanding problems with the surface water management system facilities. In the event the Association is dissolved or otherwise fails to maintain the surface water management system facilities in accordance with the applicable permits and regulations, the District, upon reasonable notice and hearing, may enter the Common Property for the purpose of maintaining same. The cost of such maintenance by the District shall be assessed on a prorated basis against the Lots and such charges are payable by the Owners within sixty (60) days after receipt of a statement therefor from the District, and if unpaid at the end of such period shall become a lien on the Lots. Alternatively, at the option of the District, and subject to the limitations provided for herein, if the Association ceases to exist, all of the Lot Owners shall be jointly and severally responsible for operation and maintenance of the surface water management system facilities in accordance with the requirements of the Environmental Resource Pernit unless and until an alternate entity assumes responsibility. Notwithstanding any other provision in this Declaration to the contrary, neither this Section nor any provision of this Declaration affecting the surface water management system facilities or the operation and maintenance of the surface water management system facilities may be amended without the prior written consent of OEPA.
5.17 Conservation Easements
The following acts and activities are expressly prohibited within the boundaries of the areas designated on the Plat as Conservation Easements without the prior consent of the Developer and/or appropriate authority:

  1. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground.
  2. Construction or placing of utilities on, below or above the ground without appropriate local, state and federal permits or other authorization.
  3. Dumping or placing of soil or other substances or material as landfill or dumping or placing trash, waste, unsightly or offensive materials.
  4. Removal, mowing, or trimming of trees, shrubs or other vegetation.
  5. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substances in such manner as to affect the surface.
  6. Surface use except for purposes that permit the land or water areas to remain in its natural condition.
  7. Any activity detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation.
  8. Acts or uses detrimental to such retention of land or water areas.
  9. Conservation easements and usage limitations specific to various sections of University Estates may be included as deemed necessary and shall be attached to these declarations if required.
5.18 Miscellaneous Visual Restrictions
  1. All garbage and refuse containers, air conditioning units, oil tanks, bottled gas tanks, and permanently affixed swimming pool equipment and housing shall be underground or placed in walled-in or landscaped areas as approved by the ARC so that they shall be substantially concealed or hidden from any eye-level view from any street, adjacent property, common property, or the golf course. No window, roof, or wall air conditioning units shall be permitted on any Lot.
  2. The personal property of any resident shall be kept inside the residence dwelling, or a fenced or walled-in yard, except for patio furniture and accessories, and other personal property commonly kept outside, which must be kept in the rear of the Lot and must be neat appearing and in good condition.
  3. Window treatments shall consist of drapery, blinds, decorative panels or other tasteful window covering. No newspaper, aluminum foil, sheets or other temporary window treatments are permitted, except for periods not exceeding one week after an Owner or tenant first moves into a dwelling or when permanent window treatments are being cleaned or repaired.
  4. All solar heating and other alternative energy resource systems shall be so installed and maintained as not to be visible from the street upon which the dwelling fronts, and must be authorized by the ARC. It is the intent here of not to prohibit the use of renewable energy sources, but rather to direct that same be so designed, installed and maintained as to minimize visibility from the street in front of the dwelling.
5.19 Mandatory Lot Irrigation System
If the Developer installs a Lot Irrigation System, each Lot shall be required by the ARC to have an automated lawn irrigation system with automated timers (the “Lot Irrigation System”). Such system shall be connected to the Central Irrigation System of the Neighborhood. The Lot Irrigation System shall be installed and connected to the Central Irrigation System at the time of original construction of Lot improvements at the cost and expense of the Owner of such Lot. The design and specification of materials used for the Lot Irrigation System and its connection to the Central Irrigation System for each particular Lot shall be as specified and approved by the ARC. In order to ensure the efficient operation of the Central Irrigation System and the individual Lot Irrigation System, the timer settings for each individual Lot Irrigation System shall be set in accordance with a watering schedule as established by the ARC or the Association, which schedule shall be adjusted by the ARC or the Association as they deem proper. If the water for individual Lot irrigation is supplied by the Association, the Association shall have the right to assess each Lot Owner for water supplied by the Association to each Lot Owner’s Lot. Such assessment may be included as part of the Regular Assessments or as a Supplementary Assessment. The respective obligations for maintenance, repair and replacement of the Central Irrigation System and the Lot Irrigation System shall be as follows:

  1. All components of the Central Irrigation System not located within a Lot up to the point of connection to each Lot (but not including the separate Lot Irrigation Systems of the Lot Owners on their respective Lots) shall be maintained and operated by the Association as a common expense; provided, however,
    the Owner of a Lot shall do nothing to interfere with the operation of the Central Irrigation System, and shall be liable to the Association for any damage to the Central Irrigation System caused by the willful acts or negligence of such Owner, his tenants and their respective families, guests, contractors, licensees and invitees. The owner of the Central Irrigation System and the Association and their agents shall have the right to enter upon any Lot to (i) monitor and set Lot Irrigation System timers; and (ii) inspect, maintain, repair and replace portions of the Central Irrigation System on such Lot, and shall have the right to relocate such installations from time to time.
  2. All components of the Lot Irrigation System and automatic timers up to the point of connection to the Central Irrigation System shall be maintained, repaired and replaced at the cost and expense of the Owner of such Lot.
  3. If the Developer doesn’t do an Irrigation System, the Lot Owner must irrigate the street side of his property from the house to the street at time of construction of house.
5.20 Reclaimed Effluent Irrigation System
It shall be the responsibility of each Owner at the time of construction ofa building, residence or structure, to comply with the requirements, if any, of the Athens County Public Works Department to have the ability to connect into any system for reclaimed effluent irrigation which may be installed in the future. In connection therewith, each Owner shall install an effluent meter, backflow preventer, and such other equipment required for connection to the reclaimed effluent irrigation system, ifrequired by Athens. Notwithstanding the foregoing, each Lot shall remain connected to the Central Irrigation System and shall not connect to any reclaimed effluent system unless the Developer (or after turnover the Association) elects to require connection or unless connection is mandated and enforced by Athens.
5.21 Single Family Building Zones
Certain restrictions will be in place for different type single family residential home zones designated by the Developer. Examples of such restrictions, but not all inclusive, are materials used for exterior surfaces, square footage, side or rear facing garages, mixing of exterior materials, etc. The ARC will meet with each builder during the planning stage to determine which zone each Lot is located.