Article 12 - Building, and Lot Use Regulations

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Section 1     |    Section 13
Section 2     |    Section 14
Section 3     |    Section 15
Section 4     |    Section 16
Section 5     |    Section 17
Section 6     |    Section 18
Section 7     |    Section 19
Section 8     |    Section 20
Section 9     |    Section 21
Section 10    |    Section 22
Section 11    |    Section 23
Section 12    |    Section 24
              |    Section 25


Section 1. SINGLE RESIDENCES EXCLUSIVELY.

-Section A. RESIDENCE SIZE. Said lots shall be used for residential purposes exclusively, and only single dwelling houses of no less than thirteen hundred (1300) square feet of floor space, exclusive of garage, unheated porches, attic or basement, shall be constructed, erected, placed or located on any lot.


-Section B. OUTBUILDINGS. One (1) boathouse measuring no greater than eight (8) feet in width and ten (10) feet in length, including all overhangs, and measuring no more than ten (10) feet in height when measured from ground level to the highest point of said boathouse may be erected, placed, constructed or located, subject to approval as provided in Sections F and G, on a waterfront building lot or waterfront residential site, provided said boathouse is connected to, or located within fifteen (15) feet of, a boat dock. Said boathouse may have an attached awning, porch or overhang, provided that said overhang is not enclosed by walls, windows, glass, screens or any other such material and provided that said boathouse and overhang, porch or awning when measured together do not exceed twenty (20) feet in length, eighth (8) feet in width, and ten (10) feet in height when measured from ground level to the highest point of said boathouse.

One (1) storage building, playhouse, or similar structure measuring no greater than eight (8) feet in width and ten (10) feet in length, including all overhangs, and measuring no more than ten (10) feet in height when measured from ground level to the highest point of said structure may be constructed, erected, placed or located, subject to approval as provided in Sections F and G, on any building lot that is already occupied by a dwelling as provided for in Section A. Only one outbuilding, either a boathouse, storage building, playhouse or other similar structure may be constructed, erected, placed or located on any lot, subject to approval as provided in Sections F and G No structure of any kind, excepting boathouses as provided for in this section, may be constructed, erected, placed or located on any lot that is not already occupied by a dwelling as provided for in Section A.


-Section C. GARAGES. One (1) attached garage, not to exceed one thousand (1000) square feet of floor space, and attached to the dwelling by a common wall, may be constructed, erected, placed or located on lots occupied by dwellings, subject to approval as provided in Sections F and G. No free standing garage may be constructed, erected, placed or located on any lot.


-Section D. TOILETS. No latrine, outhouse, temporary or portable toilet shall be constructed, erected, placed or located on any lot for any purpose or for any period of time, except as required by the Iroquois County Public Health Department regulations concerning construction under an Iroquois County building permit.


-Section E. SETBACKS. The setback lines established by Ash Grove Township, Iroquois County, and the State of Illinois with respect to setbacks from township, county and state roadways take precedence over those established by these Covenants and By-Laws, unless these requirements shall be more restrictive. In the absence of more restrictive ordinances or requirements of Iroquois County, Ash Grove Township, or the State of Illinois, no building or any part thereof shall be located on any lot nearer than ten (10) feet to any side lot. No residence, or any part thereof, shall be located nearer than twenty (20) feet from the rear property line of any lot, except where there are adjacent residences, in which case the minimum setback shall be the average of the setbacks of the adjacent residences. No building or any part thereof shall overhang the lake. No building or any part thereof shall be located nearer than thirty-five (35) feet from a properly surveyed property line when said property line is adjacent to any Ash Grove Township roadway, Iroquois County roadway, or fifty (50) feet from a properly surveyed property line when said property line is adjacent to any State of Illinois Route, when measured from the property line to the farthest projection of said building.

The Board of Directors may, at their discretion, waive such setback requirements upon written request of a lot owner, accompanied by a signed statement from the owners of the six lots located closest to the building site, including all lots that are adjacent to the building site, stating their acceptance of the setback variance.

The ten (10) foot side setback may not be varied or waived under any circumstances.

After approval by the Board of Directors, the lot owner must apply to the Iroquois County Planning and Zoning office for an Iroquois County Building Permit and, if applicable, a variance of the Iroquois County setback requirements. (See Appendix A – Iroquois County Planning and Zoning Excerpts)


-Section F. BUILDING PERMITS. No building or structure of any kind shall be constructed, erected, placed or located on any lot, and no existing structure shall be altered in any way that changes the square footage of said structure, without the issuance of a Kellart Lake Lot Owners Association building permit and, if required, an Iroquois County building permit as provided for herein.


-Section G. BUILDING PERMIT PROCESS. Any person desiring to construct, erect, place or locate any type of structure, or alter an existing structure in such a way as to change the square footage of said structure, must apply for a Kellart Lake Lot Owners Association building permit no less than two (2) weeks before applying for an Iroquois County Building permit and no less than two (2) weeks before any work is commenced on the building site. No work may be commenced on the building site before an Iroquois County Building Permit is issued.

The President or the Secretary of the Association shall provide Kellart Lake Lot Owners Association building permit applications to lot owners, their agents, or building contractors upon request of the lot owner.

Building permit applications must be completed to the satisfaction of the Board of Directors, and approved in writing by the Board of Directors, before a Kellart Lake Lot Owners Building Permit will be issued. The Board of Directors reserves the right to reject a building permit application when, in the judgment of the Board of Directors, said application is for a structure or alteration of a structure that is out of character or incompatible with the other structures in the Subdivision. Said Kellart Lake Lot Owners Building Permit must be presented to the Iroquois County Planning and Zoning Office in order to secure an Iroquois County Building Permit. Issuance of a Kellart Lake Lot Owners Association building permit does not guarantee that an Iroquois County Building Permit will be issued.


-Section H. COMPLETION OF CONSTRUCTION. Within twenty-four (24) months of breaking ground for a residence, the lot owner must present to the President or Secretary of the Board of Directors an approved Iroquois County Occupancy Permit for said new residence. If said Occupancy Permit is not presented by the end of the twenty-fourth month after ground is broken, the Board of Directors shall assess said lot owner one hundred dollars ($100) per day until such occupancy permit is presented. Such assessments shall become a lien on said property and accrue interest at the rate of one and one half percent (1.5%) per month until paid in full.

Owners of houses under construction on September 1, 2005 must present an approved Iroquois County Occupancy Permit by August 31, 2007. If said Occupancy Permit is not presented by August 31, 2007, the Board of Directors shall assess said lot owner one hundred dollars ($100) per day until such occupancy permit is presented. Such assessments shall become a lien on said property and accrue interest at the rate of one and one half percent (1.5%) per month until paid in full.

The Board may, at its discretion, issue an extension of up to ninety (90) days to the above time limit, upon written application from the lot owner. Such extension may be renewed, at the discretion of the Board of Directors, upon subsequent written application by the lot owner.


-Section I. PARTITIONING OF LOTS. No lot owner shall partition or convey a portion of any lot smaller than the entire lot except to an adjacent lot owner. No portion of any lot may be partitioned or conveyed to any person or persons unless the remaining portion of said lot is of sufficient size to be a buildable lot under the setback and building requirements of Iroquois County and the Kellart Lake Lot Owners Association. No lot may be partitioned or conveyed to more than two (2) persons (a husband and wife being considered one (1) person).


Section 2. GRADES. No lot shall be graded in such a manner as to cause damage, including excessive water accumulation, to the adjoining land or any improvement thereon.


Section 3. WALLS AND FENCES. No boundary wall or fence shall be constructed to a height of more than five feet, and no boundary hedge or shrubbery shall be permitted to attain a height of more than five feet. Water front walls or hedges shall not be erected or permitted to attain a height in excess of three feet. No boundary wall or fence adjacent to a state, county or township roadway shall be permitted in excess of three feet in height.


Section 4. NOXIOUS WEEDS. Lot owner shall not permit noxious weeds or unsightly growth on any lot, and if any lot owner permits the same to grow, the Board of Directors shall have authority to hire the same cut and collect the cost thereof from the owner of such lot or lots. If said costs are not paid within 30 days of billing, said costs will become a lien against said lot or lots and will accrue interest at the rate of one and one half percent (1.5%) per month on the unpaid balance until paid in full.


Section 5. EROSION. Lot owner shall not permit erosion upon his lot or lots, and in event any lot owner shall fail to take steps necessary to prevent erosion of the soil of his lot or lots, the Board of Directors shall have authority to take such steps as are deemed necessary and to collect the cost thereof from the owner or owners of such lot or lots. If said costs are not paid within 30 days of billing, said costs will become a lien against said lot or lots and will accrue interest at the rate of one and one half percent (1.5%) per month on the unpaid balance until paid in full.

All culverts and entrances to lots must be installed at lot owner’s expense and installed to Iroquois County and Ash Grove Township specifications in order to still provide adequate culvert size and drainage for street and surface waters.


Section 6. SEWAGE DISPOSAL. Lot owner shall take all steps necessary to properly treat and dispose of all sewage from his lot in such healthful, sanitary manner as will meet the approval of the Board of Directors and State and local health authorities, but should a sewage system for the subdivision be constructed, each owner of a dwelling then or thereafter constructed shall connect such dwelling therewith.


Section 7. NUISANCES. Nothing shall be done on any lot which may be or become a nuisance or annoyance to the neighborhood. The accumulation of trash, construction materials, furniture, or other unsightly items on a lot or outside a residence is prohibited. No sign of any character shall be displayed, except that the owner may display on his premises a “For Sale” or “For Rent” sign not to exceed three (3) feet in any dimension, referring only to the premises on which displayed.


Section 8. LOT OWNERS’ ASSOCIATION. A lot or residence owner, upon becoming such, shall automatically become a Covenant Member of an association now in existence and known as “Kellart Lake Lot Owners’ Association”, and shall maintain such membership in said association, observing and abiding by all rules adopted by said association, and pay any and all membership dues and assessments levied by said association. For the purposes of lake and ground maintenance and the expenses of the association as approved by the Board of Directors, each lot or residence owner, for each lot and except for the association, is hereby assessed the sum of $50 per year for each lot while the same is a vacant lot or while a dwelling is being constructed thereon. Upon issuance of an Iroquois County Occupancy Permit, or full or part time occupancy of a dwelling upon a lot the aforesaid assessment is hereby increased to $100 per year, and the Board of Directors reserves the right to increase said assessment by no more than ten dollars ($10) per year if such assessments are inadequate to pay expenses of the association, except that the total of all dues assessments shall not exceed the sum of $100 per year for a vacant lot and $150 per year for a residence, exclusive of the Lake Water Quality Maintenance Fund assessment . Once such assessment is made by the association, said assessment shall be a lien upon such lot assessed until such assessment is paid in full. Said assessments shall be billed on April 1 of each year and cover the period of April 1 of the year billed through March 31 of the following year. If said assessments are not paid by April 30 of the billing year, said costs will become a lien against said lot or lots and will accrue interest at the rate of one and one half percent (1.5%) per month on the unpaid balance until paid in full.


Section 9. WATER WELLS.

-Section A. DRINKING WATER. The Association expressly does not provide a drinking water supply to any lot or residence. The provision of potable water is solely the responsibility of the lot owner.

-Section B. PRIVATE WELLS. Any well or wells drilled on and for any lot or lots shall be in compliance with all Iroquois County and State of Illinois regulations. Each well shall have a pipe of not less than two (2) inches in diameter and from six (6) inches to one (1) foot above the high water level mark of the lake for the purpose of allowing the water from the well to run into the lake when the well is not furnishing water for any other purposes. All surface waters, including effluent from geothermal heating and cooling systems and downspouts, shall be permitted to drain into the lake and shall not be drained into disposal or refusal tile or any other sewage system.


Section 10. ANIMALS AND PETS. No swine, poultry, goats, cattle, livestock or animals; other than pets not exceeding two (2) in number; shall be kept upon the property. All dogs while outside of a dwelling, unless otherwise properly fenced in, shall be kept on a leash. No dog that has a history of biting or excessive barking shall be kept upon the property.


Section 11. BOATING FACILITIES. Lot owners shall be permitted to construct and maintain boat docks, piers and boat houses, subject to such regulations, limitations and supervision as may be imposed, at any time, by the Board of Directors of Kellart Lake Lot Owners’ Association, except that any boat docks constructed in Sandy Bay, Susie Bay, and Little Panama Bay shall not extend further than ten (10) feet into the water when measured from the normal level of the water from the shore. Beaching, mooring or storage of boats belonging to offshore lot owners is permitted at the T-dock, park and the boat ramp located adjacent to lot number one from March 1 to September 30. No boat may be beached or stored on association property from October 1 to April 30 of any year.


Section 12. BOATS.

-Section A. BOAT OWNERSHIP. All boats of lot owners shall have the lot number displayed, in numbers at least four (4) inches in height, on each side of each such boat, and no boats other than those belonging to lot owners shall be permitted on said lake.

-Section B. DERELICT BOATS. Any boat which, in the judgment of the Board of Directors, has deteriorated to the point of being unsafe or unseaworthy, or any boat which has not been on the water for a period of three years or more must be removed from the Subdivision.

-Section C. HORSEPOWER LIMITS. Any motor or combination of motors on any particular boat or watercraft, even if said motors are not in the water or incapable of propelling said boat, shall not exceed 9.9 horsepower. Jet skis and similar personal watercraft are not permitted on said lake.

-Section D. NO WAKE ZONES. Sandy Bay, Susie Bay, Walker Bay, and Little Panama Bay are designated NO WAKE ZONES and must be traversed at idle speed.


Section 13. FUEL STORAGE. All fuel oil or propane storage tanks shall be enclosed in a permanent shelter or be enclosed by a decorative screening device, or buried to conform to National Fire Protection Association (NFPA) standards and Iroquois County and State of Illinois requirements. No gasoline storage containers in excess of ten (10) gallons in capacity shall be permitted on any lot or residence.


Section 14. STORAGE. All motorbuses, trailers, transportable vacation or living quarters, boat trailers and any other such items, must be stored in an enclosed building. No commercial vehicles may be parked overnight within the subdivision, unless parked in a garage.


Section 15. FISH STOCKING. The Association expressly does not guarantee or warrant that the lake will be stocked with fishes at any time.


Section 16. COMPLAINCE WITH BUILDING ORDINACE. Any and all construction on any lot or lots shall be in compliance with the Building Ordinance for Iroquois County, Illinois, as adopted by the Board of Supervisors of said County in February 2000 and as thereafter the same may be amended.


Section 17. LAKE MAINTENANCE AND WATER QUALITY FUND. In an effort to provide for the maintenance of the lake, levees, spillways and the quality of the water in the lake for current and future lot owners, a Lake Maintenance and Water Quality Fund shall be established. Each lot owner, for each lot, shall be assessed twenty-five dollars ($25) per year beginning with the 1995 membership year for said fund. All receipts of said fund shall be deposited in a special account separate from the operating account as described herein under the section LOT OWNERS ASSOCIATION. Expenditures from said account may only be authorized by a two thirds (2/3) vote of the Board of Directors for the purpose of maintaining the lake. Such activities may include, but are not solely limited to, dredging of the lake, repairs to levees, and repairs to spillways.


Section 18. DRAINAGE SYSTEM. The subterranean drainage system exists to carry surface water runoff away from the lots and roadways. From time to time the Board of Directors may assess lot owners for repair or replacement of portions of this system which, in the judgment of the Board of Directors, drains, benefits, or is adjacent to the lot(s) so assessed. Assessments shall be made using the following formula:
1) the expense for any repair or replacement, or portion thereof, that is located outside the boundaries of Kellart Lake Subdivision shall be borne by the Association, or the Association and the landowner of the outlying land on whose property the repair and or replacement occurs;
2) one half of the expense for any repair or replacement located within the subdivision shall be borne by the Association, the remaining half of the expense shall be assessed, in equal shares, to owners of those lots which, in the judgment of the Board of Directors, are drained, are adjacent to, or benefit from the repair or replacement of said drainage system. If said assessments are not paid within 30 days of billing, said assessments will become a lien against said lot or lots and will accrue interest at the rate of one and one half percent (1.5%) per month on the unpaid balance until paid in full.


Section 19. SWIMMING. The Association maintains no swimming areas, and expressly does not guarantee or warrant that the lake is safe or suitable for swimming. Guests may swim from Association property only when accompanied by an Association member. Swimming is at the swimmer’s own risk.


Section 20. CAMPING. Kellart Lake is a residential subdivision. Overnight camping is not permitted.


Section 21. GARAGE SALES. Residents of Kellart Lake Subdivision may hold up to two (2) garage or yard sales, of no more than four (4) consecutive day’s duration, per year. Merchandise, advertising material, decorations, etc. remaining from such sale must be removed from the exterior of the premises at the end of the sale.


Section 22. DISABLED VEHICLES. No vehicle which is not currently licensed by the state of Illinois, or another state, or no vehicle which is incapable of legal operation upon the roadways of Illinois, may be kept, stored or located on any lot, roadway, or residential site, unless enclosed in a garage. This provision shall not be construed to prevent a lot owner from performing routine maintenance and service, of less than one week’s duration, on his own vehicle, within the subdivision.


Section 23. EXCLUSIVE USE. Kellart Lake Lot Owners Association property is for the sole and exclusive use of Kellart Lake Lot Owners Association members in good standing and their invited guests. An Association member is in good standing if there are no outstanding dues or assessments against any of his lots.

From time to time the Board of Directors may, at their discretion, grant permission to civic, religious, not-for-profit, or other groups to use the Association facilities, provided such groups shall provide a certificate of insurance indemnifying the Association in case of injury, accident or death.


Section 24. BREACH OF COVENANT OR VIOLATION OF RESTRICTIONS. The breach of any of the foregoing covenants, or the violation of any of the foregoing restrictions, shall be sufficient warrant and authority for the owner or owners of any lot or lots in said subdivision, or the Board of Directors, in any court of competent jurisdiction to recover damages for such breach, or to restrain such violation, and to invoke and prosecute any and every other remedy, available at law or in equity, contemporaneously. The owner or owners of any lot or lots in said Subdivision, who shall be guilty of such breach or violation, shall be liable for any costs and expenses of the complainant resulting from such litigation and shall be liable for complainant’s reasonable attorney’s fees. Such covenants and restrictions shall extend to and be obligatory upon the heirs, executors, administrators, successors and assigns of each lot owner in said Subdivision. No failure to enforce any right promptly, arising as a result of any default in the performance of any of the provisions hereof, shall be construed to operate as a waiver of any covenant or restriction.


Section 25. LIMITATIONS. Each of the foregoing restrictions shall be in full force and effect for a period of five (5) years from August 31, 2005, and shall automatically be extended thereafter for successive periods of five (5) years duration each, except that the owners of fifty (50) or more lots in said Subdivision, provided that they are the majority of all votes cast, at any annual meeting prior to the expiration of said five (5) year period or any successive five (5) year period may, execute and record in the Recorder’s Office of Iroquois County, Illinois, an instrument in writing abrogating any part of all such restrictions effective at the end of such period.

Any conveyance of any tract, residence or lot, or any contract reference thereto hereafter made by the present or any future owner, wherein lands are conveyed or contracted, or recited or described as being in said Subdivision shall, by use of such description, be taken and construed as incorporating therein the easements, detriments, restrictions, covenants and benefits in this instrument recited as being applicable and pertaining thereto.