Restrictive Covenants

Orchard Heights Subdivision

Subdivision Map


Restrictive Covenants:

  • SECTION 1. Each lot shall be used only as a residence for a single family dwelling, except the following lots which are zoned for duplex or multi-family dwellings: Lot Three (3), Block Three (3); Lots Three (3) and Eighteen (18), Block Four (4); and Lot Three, Block Five (5) of Davister Plat in the Village of Casco, Kewaunee County, Wisconsin.
  • SECTION 2. The enclosed living are of the main structure of each single family dwelling (exclusive of porches, breeze ways, patios, basements, garages and storage structures) shall not be less than:
    DWELLING-TYPE SQUARE FEET
    One story above grade 1,200
    Story and one-half 1,400
    Two story above grade 1,600
    Tri-level total of 3 finished levels 1,800
    Bi-level total finished area 1,800
  • SECTION 3. The enclosed living area of the main structure of each duplex or multi-family dwelling (exclusive of porches, breeze ways, patios, basements, garages and storage structures) shall not be less than 2,300 square feet.
  • SECTION 4. All dwellings must have 6/12 roof pitch or more. Any other style must have written approval from Declarant.
  • SECTION 5. All dwellings shall have a basement and a foundation to extend below the frost line.
  • SECTION 6. All dwellings shall have an attached garage which shall not be less than 440 square feet in size.
  • SECTION 7. All driveways shall be surfaced with concrete, blacktop or brick paving block and no wider than twenty-four (24) feet. Exceptions to be approved by Declarant.
  • SECTION 8. All dwellings must be site constructed. No building erected or assembled elsewhere shall be moved onto any lot. No manufactured or mobile homes shall be placed or erected on any lot.
  • SECTION 9. No temporary or partially completed structure of any kind shall be permitted for dwelling purposes including trailer homes.
  • SECTION 10. No earth homes are permitted.
  • SECTION 11. Solar heating panels and satellite receiving dishes, no larger than 18 inches, must be placed on the roof of the home. No other device for receiving or transmission of electro-magnetic or microwave signals may be constructed on any lot or any improvement on any lot.
  • SECTION 12. No lot may be divided by plat survey or otherwise to create an additional buildable lot.
  • SECTION 13. Each lot must be graded and maintained by lot owners to provide adequate drainage of surface water. The foundation should be constructed to a minimum of 12 inches above curb grade.
  • SECTION 14. Each dwelling must have construction completed within twenty four months of purchase.
  • SECTION 15. Each property owner and his/her contractors are responsible for maintaining all survey markers.
  • SECTION 16. All construction must be completed within one year of the granting of a building permit for such construction.
  • SECTION 17. All landscaping must be completed within one year of the completion of the structure.
  • SECTION 18. Building Height: A one-story accessory building or private garage may be erected per lot. Such structure shall be site constructed only, shall have an exterior which matched the home, and shall not exceed height of home with matching roof. No living space in or above garage is permitted. Accessory buildings shall not have a flat roof and shall not be larger than 1,000 square feet.
  • SECTION 19. All improvements made to any constructed dwelling or accessory building must be completed within six (6) calendar moths from the commencement of the same.
  • SECTION 20. All wire, cables or conduits providing electrical cable or other service to any dwelling or accessory building or between any dwelling and accessory shall be placed underground, and no trees may be planted or walls constructed which shall interfere with said wires, cables or conduits.
  • SECTION 21. All vehicles, including but not limited to, personal autos, recreational campers, buses and service vehicles of all types shall be parked on concrete or black top driveway at all times.
  • SECTION 22. No retail or commercial businesses shall be constructed or operated on any lot where there is a residence or in any residence.
  • SECTION 23. The only professional or business signs allowed will be one “For Sale or For Rent (Duplex)” per lot pertaining to the sale or rent of that lot or dwelling.
  • SECTION 24. No sheep, goats, swine, horses, cattle or other livestock shall be kept or stabled, and no pets shall be raised or otherwise dealt with as a hobby or for commercial purposes on any lot.
  • SECTION 25. All plans must be reviewed and approved by Declarant before construction. All Village ordinances must be adhered to.

GENERAL PROVISIONS

  • SECTION 26. ENFORCEMENT: This declaration constitutes a mutual covenant running with the land, the Declarant and all successive future owners shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and covenants, now and hereinafter imposed by the provisions of this declaration. Failure by Declarant, or by any owner, to enforce and covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so.
  • SECTION 27. SEVERABILITY: Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
  • SECTION 28. AMENDMENTS: Covenants and restrictions of this declaration may be amended by duly recording any instrument executed and acknowledged by the owners of all of said lots.
  • SECTION 29. SUBORDINATION: No breach of any of the conditions herein contained or reentry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for the value as to the lots therein; provided, however, that such conditions shall be binding on any owner whose title is acquired by foreclosure, trustee’s sale or otherwise.
  • SECTION 30. DURATION: The covenants and restrictions of this declaration shall run with the land, and shall inure to the benefit of and be binding on all parties and all persons claiming under them.