1.2. DESIGN GUIDELINES FOR THE DESIGN REVIEW COMMITTEE. The Declaration requires prior approval by the Committee or its designated representative before any Proposed Improvement is constructed, erected, placed, or altered. These Design Guidelines establish certain acceptable designs for different types of Proposed Improvements. These Design Guidelines apply to residential property in the Community and are intended to assist the Owners. Prior to installation or commencement of construction, all Proposed Improvements (except those constructed in accordance with the pre-approved standards set forth herein) must be submitted to the Committee for review and approval.

1.7. GOAL OF DESIGN GUIDELINES. Compliance with these Design Guidelines and the terms and provisions of the Declaration, the Final Development Plan and the Final Plat will help preserve the inherent architectural and aesthetic quality of the Community. It is important that the Proposed Improvements be made in harmony with and not detrimental to the rest of the Community. A spirit of cooperation with the Committee and neighbours will go far in creating an optimum environment which will benefit the Owners. By following these Design Guidelines and obtaining approvals for Proposed Improvements from the Committee, Owners will be protecting their financial investment and will help to promote Proposed Improvements that are compatible with the other Homes and property within the Community.

1.8. INTREPRETATION OF THE DESIGN GUIDELINES. The Committee shall interpret these Design Guidelines.

1.9. ENFORCEMENT OF DECLARATION AND DESIGN GUIDELINES. The Committee shall have primary responsibility for the enforcement of the architectural requirements of the Declaration and these Design Guidelines. The Committee will investigate written complaints of Owners for violations of the architectural requirements of the Declaration or these Design Guidelines, if such complaints are dated and signed by the Owner making the complaint. If a violation is found, the Committee shall notify the Owner whose property is in violation, in writing, requesting that appropriate action be taken to achieve compliance. If such Owner does not bring his property into compliance with the Declaration and these Design Guidelines within thirty (30) days, or the time specified by the notice, the Committee will request that the violation be referred to the Board for enforcement action.

1.10. ADVISING OF NEIGHBORS. It is suggested that Owners advise neighbors prior to submitting forms for Proposed Improvements. The Committee may, in its sole discretion, request adjacent neighbor input.

1.11. VIOLATION HISTORY. The Committee will consider the Owner’s violation history and current open violations when determining whether to approve the Proposed Improvement. The Committee may deny any Proposed Improvement on the basis that (1) the Owner has failed to adequately address violations that are currently open and/or (2) the Owner has a history of repeatedly failing to adequately maintain other improvements on his/her Property.

2. SPECIFIC TYPES OF IMPROVEMENTS/DESIGN GUIDELINES.

The [Design Guidelines] covers a wide variety of specific types of Proposed Improvements which Owners and builders typically consider installing. Pertinent information is given as to each. UNLESS OTHERWISE SPECIFICALLY STATED, DRAWINGS OR PLANS FOR A PROPOSED IMPROVEMENT SHALL BE SUBMITTED TO THE COMMITTEE, AND THE WRITTEN APPROVAL OF THE COMMITTEE SHALL BE OBTAINED BEFORE THE PROPOSED IMPROVEMENT IS MADE. Proposed Improvements that are not listed will also require Committee approval. The architectural style of a Proposed Improvement shall be consistent with the style and character of the Home and other residences built in the same general area of the Community. The Committee in its sole discretion shall determine such consistency.

2.36. FENCES.

2.36.1. General. Owners must install and maintain fencing around the backyard lot lines. Owners are not required to install wing fences (the fence on either side of the house that faces the street and extends from the house to the property line). All such fencing is subject to the design restrictions provided throughout the rest of this section. No more than one fence line can be installed on any property line (i.e. double fencing is not allowed). Consequently, all fences (with the exception of fences bordering District-owned/maintained land) are jointly owned by the owners of both Lots.

2.36.2. District-Owned Fencing. District-owned fences, walls and columns (individually and collectively "Fences") located along or abutting Owner Lot lines or public or private streets may not be removed, replaced, stained or painted a different color or altered, including adding a gate, without approval of the Committee. If any District Fences which are located upon an Owner's Lot are damaged or destroyed by Owner or Owner's agents, guests, or tenants, the Owner shall repair and recondition the same at the Owner's expense.

2.36.3. Drainage. It is important to remember that certain drainage patterns may exist along or under Fence locations. When constructing a Fence, be sure to provide for a 2’’ to 3’’ space between the bottom of the Fence and the ground elevation so as not to block these drainage patterns.

2.36.4. Design. Fences, other than those described below, may not be constructed without Committee approval. Removal of fences also requires Committee approval. Front yard fencing is not permitted. All Fences must adhere to any sight triangle regulations of the City. Committee approval is not required for rear yard fences constructed in accordance with the following requirements:

2.36.4.1. Rear/Side Yard Privacy Fences. Fences shall be installed on the rear yard property lines of each lot. Rear/Side Yard Privacy Fences must be constructed with the 2’x 4’ framing and 4’ x 4’posts on the constructing Owner's lot and fence height shall not exceed 6 feet. Side Yard Privacy Fences may not extend toward the front of a lot past the wing fence.

2.36.4.2. Open Rail Fences. All rear/side yard fences adjacent to Common Areas shall be installed on the property lines between the lot and the Common Area and shall be constructed in accordance with the design specifications provided in Exhibit B. Wire mesh may be installed on the interior (the side of the fence which closest to the Home) of an Open Rail Fence so long as such wire mesh is not higher than the top rail of said Fence. Open rail fencing shall be 3 feet in height.

2.36.4.3. Shadowbox Fencing. Shadowbox style fencing shall be 5 feet tall and shall be constructed in accordance with the design specifications provided in Exhibit C. Pickets must be 1in x 4in x 5ft. Wire mesh may be installed on the interior (the side of the fence which closest to the Home) of the fencing so long as such wire mesh is not higher than the top rail of said Fence.

2.36.4.4. Open Picket Fencing. Open Picket style fencing shall be 5 feet tall and shall be constructed in accordance with the design specifications provided in Exhibit C. Spacing between pickets shall be between 1 ½ inches and 2 inches wide. Pickets must be 1in x 4in x 5ft. Wire mesh may be installed on the interior (the side of the fence which closest to the Home) of the fencing so long as such wire mesh is not higher than the top rail of said Fence.

2.36.4.5. Wing Fencing: Wing fences shall be set back from the front face of the house. Prior to installing or moving any wing fences, Committee approval must be obtained regarding the proposed set-back distance of any wing fence.

2.36.4.6. Material and Color: All perimeter fencing shall be constructed of wood. Vinyl, composite, stone or brick perimeter fencing is prohibited. Owners are not required to stain their fences. However, once fences are stained, Owners must maintain the fence stain color in good condition (free from peeling and fading). Fences may not be painted. Approved fence stain colors are provided in Exhibit E. If the Owner wants to stain the fence using a color not listed in Exhibit E, Committee approval is required.

2.36.5. Corner Lot Fencing. Fences on lots adjacent to public or private streets shall not be constructed within the rights-of-way or side yard easements adjacent to such public or private streets and, therefore, must be set back a minimum of four feet from the sidewalk. Fencing bordering streets (that is not District-owned fencing) must comply with one of the following two fence designs: (1) Shadowbox fencing or (3) Open picket fencing (see Exhibit C).

2.36.6. Double Fences. Two separate fence structures (i.e. separate posts and rails) bordering the same property line is not permitted. A two-sided privacy fence requires Committee approval. Pickets must share the same posts and side rails. Rear yard privacy fences may be constructed as a single row of posts with pickets on both sides..

2.36.7. Fences for Screening Located Within Lot Line. Must be an integral part of the landscape design.

2.36.8. Gates. Committee approval is required before installing any gates in any fence lines.

2.36.9. Wire Fencing. Except for the wire mesh approved for Open Rail Fencing and chain-link dog runs approved by the Committee and constructed in accordance with Section 2.32 hereof, no plastic or metal chicken wire, hog wire, barbed wire, chain links, or strand wire will be allowed unless committee approval is obtained.

2.36.10. Drainage. Fencing should be installed with a 2-3" gap at the bottom to allow for proper drainage into and through swales.

2.36.11. Maintenance Responsibility. All fence lines shall be maintained free from significant damage, warping and stains (including graffiti). Fence posts shall be properly anchored in the ground. Missing or damaged fence pickets, caps and runner boards shall be promptly replaced. Land grading shall be adequately maintained and managed to ensure dirt and sand does not build up against the fence line (causing long-term warping and damage to the fence line).

c) Work exempt from building permit. Exemptions from building permit requirements of the Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Building Code or any other laws or ordinances of the city. Building permits shall not be required for the following:

(1) Buildings/structures:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 square meter).
2. Fences not over 30 inches (762 mm) high.
3. Oil derricks.
4. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks not more than 30 inches (762 mm) measured vertically to the floor or grade below at all points within 36 inches horizontally to the edge of the open side, and not over any basement or story below and not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy or one- and two-family dwelling, that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies and in one-and-two family dwellings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Stationary and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.
14. Freestanding shade structures meeting all of the following requirements: Less than 120 square feet in area, limited to 12 feet in height, openings in the roof structure spaced greater than six inches, floor height less than 12 inches above grade, not attached to any structure, and not serving an exit door.
15. Replacement of asphalt shingle when, over the aggregate roof area, there is less than one square (100 square feet) that will be replaced.
16. Replacement of doors and windows in single-family dwellings, two-family dwellings, and townhouses where the size of the opening does not change.