Section 1. Land Use. Lots in the subdivision shall be used as residences for single families and for no other purpose. No business of any kind shall be conducted in any residence or on any lot except the business of Declarant and its transferees in developing the lots in the subdivision as a residential community. Section 2 . Residence size. Each residence shall have a minimum living area of 2,000 square feet. Living area is defined as the area of the main residence, exclusive of screen porches, patios, garages and storage areas, which is heated and air conditioned. only one residence may be built on a lot. Each residence must have a minimum two-car attached garage; open carports are not permitted. No detached buildings or structures, satellite dishes, dog runs, storage sheds, newspaper receptacles or clotheslines shall be permitted, except that a detached building of less than 500 square feet in area may be constructed after approval by the Committee pursuant to Article VI of this Declaration. Mail receptacles and house street number markings shall be of a uniform type and size as determined by Declarant. Section 3. Building Height. No building or structure shall Exceed two (2) stories in height or be more than thirty five (35) feet above ground, not including chimneys. The Committee shall have the right to approve the height of all homes to protect the view of each lot. Section 4. Construction of Residence. a) In order that the residential community contemplated by Declarant and this Declaration be quickly established and developed, thereby enhancing the property values of the lots and the community life of the residents and reducing the eyesore and blight resulting from un-kept and undeveloped lots in absentee ownership, Declarant imposes a $1, 000 .00 a year penalty, commencing two years from the delivery of a deed and continuing on each anniversary date thereafter against any owner who has failed to commence actual, bona fide construction of a residence on the owner's lot. Commencement of construction shall mean the pouring of the slab. Once commenced, the construction of a residence must be completed within twelve (12) months, and Declarant imposes an additional penalty of $1,000.00 per year, commencing twelve (12) months from the commencement of construction and continuing on each anniversary date thereafter until construction is complete, against any owner who has failed to complete construction within such time. Construction shall be deemed completed when Hernando County issues a certificate of occupancy for the residence. Payment of such penalties shall be made to the Association to be used for its operating expenses. b) Each owner of a lot by acceptance of a deed acknowledges that the foregoing provisions are acceptable and agrees that such penalties will be promptly paid by him to the Association when and as they become due pursuant to the provisions of this Section. c) Such penalties, together with interest, costs and reasonable attorney's fees, shall be a charge and continuing lien upon the defaulting owner's lot as in the case of annual assessments, and shall be fully due and payable within thirty (30) days after the end of the period for which the penalty is imposed and the payment of same may be enforced by the Association as is provided herein for the enforcement of annual assessments. d) Reasonable extensions of time for commencement of construction may be granted by the Association in its sole discretion. Section 5. Nuisances. No noxious or offensive activity shall be carried on or allowed to exist on any lot. Section 6. Signs. No signs or advertisements shall be displayed on the lots, right-of-way, or any other part of the subdivision, except a resident's name and address sign not larger than two square feet in area and one sign advertising the property for sale or rent, not larger than three square feet in area as specifically designated and approved by the Association. The Association shall have the right to enter upon any lot for the purpose of removing any sign displayed in violation of this section, and shall not be liable in any way for such entry or removal. Notwithstanding anything to the contrary contained herein, Declarant and Builders approved by the Declarant may display for sale signs on lots owned by them. In addition, during the period of construction of a residence, the general contractor, subcontractors, and construction lender may display appropriate signs stating their participation in the construction process. All such signs relating to the construction process must be removed not later than ten (10) days after the issuance of a certificate of occupancy. Section 7. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs, cats and other household pets which may be kept provided they are not kept or maintained for any commercial purpose and provided that they do not in any way constitute a nuisance to other owners in the subdivision. Dogs and cats shall not be permitted to roam at large and must be on a leash and under the owners control at all times. Dog runs are not permitted. Section 8. Garbage Disposal. No rubbish, garbage, trash or other waste material shall be kept or permitted on any lot except in sanitary containers located in appropriate places and concealed from public view. All enclosures for this purpose must be approved by the Association as required by these restrictions. No lot shall be used for the deposit or storage of building materials except as necessary during construction of a permitted improvement. No lot shall be used as a dumping ground for garbage, refuse or rubbish and no material of any type shall be stored on any lot except in connection with the actual construction of a residence. Section 9. Setbacks. All buildings and other structures, not including swimming pools and screened enclosures, on lots in the subdivision shall observe the following set-back requirements: a) Thirty (30) feet from the front line. b) Ten (10) feet from the side lot line; except for perimeter lots where it shall be thirty five (35) feet. c) Ten (10) feet from the rear line; except for perimeter lots where it shall be thirty five (35) feet. d) As to corner lots bordered by a street in front and a street on one side, there shall be a minimum set-back of thirty (30) feet from the lot line abutting the side street. e) Driveways shall be set back at least three (3) feet from the side lot line. f) Swimming pool enclosures shall be ten(10) feet from all property lines. g) No dwelling on any lot shall be occupied until the exterior has been completed to include; operational sprinkler system, landscaping, siding, wall finishes, driveway, and approved septic system. Section 10. Fences. All fences and privacy walls shall be six (6) feet or less in height, and no fence or wall shall be erected nearer the front lot line or along side lot lines nearer the front lot line than the front wall of the residence. No other fences, privacy walls, boundary line hedges or similar structures will be erected, placed or used on any of the properties without the prior written approval of the Association as required in sections 1. of Article VI. Section 11. Manufactured Homes. No "manufactured" or prefabricated home shall be placed on any lot, it being the intent of this restriction that any and all buildings or structures be actually built and erected on the lots on which they are situated. All exterior walls, court yard enclosures, piers, posts, or other architectural details shall be finished with approved materials to include but not be limited to; brick, wood siding, stucco and stucco brick. No exposed concrete block shall be allowed. Section 12. Wells. No individual well will be permitted on any lot within the subdivision except one installed for the purpose of furnishing water for yard irrigation and/or swimming pools upon the approval of Committee. Section 13. Trees. No tree having a diameter in excess of six inches growing on a lot shall be removed without the approval of the committee. At the time building and landscaping plans are submitted to the Committee for approval, the owner shall prominently mark or flag for the convenience of the Committee the trees proposed to be removed. Any owner who shall remove a tree or trees in excess of six inches in diameter without the approval of the committee shall be assessed $200.00 per tree so removed, which assessment shall be paid to the Association and be added to the operating funds. Such assessments shall be imposed in writing and shall be due within 30 days after the imposition of same and the payment of same may be enforced by the Association as is provided herein for the enforcement of maintenance assessments and the Association shall be entitled to a reasonable attorney's fee for collection of the assessment. In subsequent years, tree removal or trimming may be required to maintain the open area or view. Requests for removal or major trimming of trees must be submitted for approval to the Committee prior to beginning such work. All stumps, trees and brush cut or cleared to provide for building and driveway construction must be removed from the property except for timber cut and stacked for firewood. Section 14. Motor vehicles and Boats. No boats, recreational vans, campers, motor homes, commercial vehicles or trucks, shall be kept or stored on a temporary or permanent basis in the subdivision except in closed attached garage. Garage doors must be kept closed except when in actual use. Section 15. Storage Tanks. All oil tanks, bottle gas tanks, soft water tanks, and similar equipment shall be placed under the surface of the ground or in walled in areas so as not to be visible from the street or adjacent residence and must have prior approval of the Committee. Section 16. Swimming Pools. No above-ground swimming pool shall be installed in the subdivision without the prior consent of the Committee. Section 17. Drainage. No structure or driveway may be built or other type of construction performed on any lot in such a way that will change the existing drainage of the site. No excavation of any lot shall be made except as necessary for the construction of an improvement on any lot as approved by the Association. Section 18. Maintenance. Each property owner shall, at his cost and expense, maintain the exterior of his property in good condition and repair and in a condition comparable to that at the time of initial construction. Each owner shall keep the grounds and lawn of his property neat and clean including free of weeds, brush and dead limbs. Section 19. Damage to Residence. If all or any portion of a residence or other improvement is damaged or destroyed by fire or other casualty, it shall be the duty of the owner with due diligence to rebuild or repair or reconstruct such residence in a manner which will substantially restore it to the appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within three (3) months after the damage occurs, unless prevented by causes beyond the control of the owner, and completed within six (6) months after damage occurs. Section 20. Variances. The Association reserves the right, in its sole discretion, to grant variances from these use Restrictions in cases where such variance would be in keeping with the spirit and intent of these use restrictions, and would not adversely affect any neighboring owners or the subdivision as a whole.