Berry Creek Homeowner's Page

Although there are seven different deed restrictions for the seven different parts of Northcliffe, the three sections violated most often are the same for each part. They are:
Section 5. Prohibition of offensive activites: No activity, whether for profit or not, shall be carried on any lot which is not related to single family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any lot which may be or become an annoyance or a nuisance to the neighborhood. This restriction is waived in regard to the normal sales activities required to sell homes in the subdivision and the lighting effects utilized to display the model homes.
Section 7. Storage of automobiles, boats, trailers, and other vehicles: no boat trailers, boats, travel trailers, inoperative automobiles, campers or vehicles of any kind are to be semi-permanently stored in the public street right-of-way or on driveways. Permanent and semi-permanent storage of such items and vehicles must be screened from public view, either within the garage or behind the fence which encloses the rest of the lot. Semi-permanent is determined as exceeding a 12 hour period of time.
Section 12. Lot maintenance: The owners or occupants of all lots shall at all times keep all weeds and grass thereof cut in a sanitary, healthful and attractive manner and shall in no event use any lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon and shall not burn anything (except by use of an incinerator as permitted by law). The drying of clothes in full public view is prohibited and the owners or occupants of any lots at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, wood piles or storage piles which are incident to the normal residential requirements of a typical family.

By Karin Fairburn

Dead Restrictions, Part II

SECTION 1:
SINGLE FAMILY RESIDENTIAL CONSTRUCTION:
No building shall be erected, altered or permitted to remain on any lot other than one detached single family dwelling not to exceed two (2) stories in height and a private garage or carport for not less than one (1) nor more than three (3) cars. A minimum of 25% of the first floor wall area to the top of the first floor window height and exclusive of openings shall be of masonry, masonry veneer, or stucco construction. Variance may be approved by Architectural Committee. Further, a concrete sidewalk with a minimum width of three feet shall be constructed across the full width of all lots. On corner lots the sidewalk shall be installed adjacent to both streets, except that on streets on which no residences front, the sidewalk is required on one side of the street only. Sidewalk construction shall meet local codes and specifications.

SECTION 2:
MINIMUM SQUARE FOOTAGE WHITHIN IMPROVEMENTS:
The living area of any dwelling exclusive of open arches and garages shall not be less than 850 square feet.

SECTION 3:
LOCATION OF THE IMROVEMENTS UPON THE LOT:
No building shall be located on any lot nearer to the front line or nearer to the street side line than the minimum building setback line shown on the recorded plat or replat; however, in no instance shall a building be located nearer to the front property line than twenty-five feet (25'). The main residential structure (exclusive of detached garages and outbuildings) shall be located no less than fifteen feet (15') from the rear property line. Subject to the provisions of Section 4, no part of the house building or garage shall be located nearer than five feet (5') to an interior side lot line. For the purposes of this covenant, eaves, steps and unroofed terraces shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of the construction to encroach upon another lot. Deviations may be authorized by the Architectural Control Committee.

SECTION 4:
COMPOSITE BUILDING SITE:
Subject to he approval of the Architectural Control Committee, any owner of one or more adjoining lots or protions thereof may consolidate such lots or portions into one building site with the privilege of placing or constructing improvements on such resulting site in which case setback lines shall be measured from the resulting side property lines rather than from the lot lines as indicated on the recorded plat. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of the lots in the same block.

SECTION 6:
USE OF TEMPORARY STRUCTURES:
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. Temporary structures used as building offices and for other related purposes during the construction period must be inconspicuous and sightly, as determined by the Architectural Control Committee.

SECTION 8:
MINERAL OPERATIONS:
No oil drilling, oil development operations, oil refining, quarrying or mining operation af any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrrick or other structures designed for the use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

SECTION 9:
ANIMAL HUSBANDRY:
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other common houshold pets may be kept provided that they are not kept, bred or maintained for commercial purposes. No more than two of each type of pet will be permitted on each lot.



By Karin Fairburn

Deed Restrictions, Part III

SECTION 10:
WALLS, FENCES AND HEDGES:
No hedge in excess of three (3) feet in height, walls, or fence shall be erected or maintained nearer to the front lot line than the walls of the dwelling existing on such lot. No side or rear fence, wall or hedge shall be more than eight (8) feet high, providing, however, that any such fence, wall or hedge over six (6) feet high has been approved by the City Council of the City of Schertz.

SECTION 11:
VISUAL OBSTRUCTIONS AT THE INTERSECTIONS OF PUBLIC STREETS:
No object or thing which obstructs site lines at elevations between two (2) feet and six (6) feet above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street property lines or extensions thereof shall be placed, planted or permitted to remain on any corner lots.

SECTION 13:
SIGNS, ADVETISEMENTS, BILLBOARDS:
Except for signs owned by Declarant or other builders advertising their model homes during the period of original home construction and home sales, no sign, advertisement or billboard or advertising structure of any kind other than a normal "For Sale" sign not to exceed five (5) square feet in total size may be erected or maintained on any lot in said subdivision. Declarant, or its assigns, will have the right to remove any sign, advertisement or billboard or structure that does not comply with the above, and in so doing shall not be subject to any liability of trespass or other sort in the connection therewith or arising with such removal.

SECTION 14:
ROOFING MATERIAL:
The determination of materials to be used for the roof of any building to be located on any lot shall rest exclusively with the Architectural Control Committee and the type and coloring of roofing material shall be permitted only at its sole discretion upon written request.

SECTION 15:
MAXIMUM HEIGHT OF ANTENNAE:
No radio or television aerial wires or antennae shall be maintained on any portion of any lot forward of the front building line of said lot; nor shall any free standing antennae of any style be permitted to extend more than ten (10) feet above the roof of the main residential structure on said lot.

AMENDMENT TO SECTION 5, PROHIBITION OF OFFENSIVE ACTIVITIES:
ADD:
All garage doors shall be closed at all times except for immediate entry and exit.

By Karin Fairburn