Hays Mill Farms

Restrictive Covenants

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STATE OF ALABAMA COUNTY OF LIMESTONE


RESTRICTIVE COVENANTS– HAYS MILL FARMS


  • There shall be no more than one (1) permanent single-family residential dwelling per lot.  Said residential dwelling may be a barndominium.  
  • The single-family dwelling shall not exceed two and one-half stories in height and must contain a private garage. Said garage shall be a minimum of one car but not more than three cars. The square footage of the main structure, exclusive of open porches and garages, shall not be less than 2000 square feet.
  • In addition to the residential dwelling, there shall be no more than two (2) permanent additional structures allowed per lot.  Said structure shall not be used as a residence.
  • Unless excepted herein, the following shall be the setback lines applicable to the property and any dwelling and/ or structure located thereon. The lots shall have side setback lines of twenty-five (25) feet and front and rear setback lines shall be two hundred (200) feet. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on lot to encroach upon another lot.  There are no front or rear setback requirements for lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 44, 45, 46, 62, and 63.  Also, Front and rear setback requirement for lots 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43 shall be one hundred and fifty(150) feet.
  • Easements for installation and maintenance of utilities and drainage facilities are reserved over the side 7 ½ feet of each lot.
  • No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
  • No structure of a temporary character, trailer, anything that has been a trailer, basement, tent, shack, garage, barn or other outbuilding, no travel trailer, motor home, camper, tent or other such structures or vehicles shall be used at any time as a residence, either temporarily or permanently. No temporary structure of any kind, occupied or unoccupied, shall be permitted upon any lot during construction on said lot without the prior written approval of the Developer (Developer is Elkmont Developers, LLC for lots on the west side of Hays Mill Road and Hays Mill Developers, LLC is the developer for lots on the east side of Hays Mill Road).  The Developer reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Subdivision still owned by the Developer, as in the Developer's sole discretion may be necessary or convenient while selling lots, selling or constructing residences and constructing other improvements upon the Subdivision. Such facilities may include, without limitations, sales and construction offices, storage areas, model units, signs and portable toilet facilities.
  • These covenants are to run with the land and shall be binding on all parties and all persons claiming under them. 
  • Enforcement shall be by proceedings at law or in equity against any person or persons violating, or attempting to violate, any covenant either to restrain violation or to recover damages.
  • Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
  • No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than three (3) square foot, or one sign of not more than five (5) square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during this construction and sales period. 
  • No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except as outlined herein.  Large livestock (horses, cows, mules, etc.) shall be limited to one (1) per every two (2) acres; small to medium livestock shall be limited to five (5) per acre.  Dogs and cats may be kept provided that they are not kept, bred, or maintained for any commercial purpose. 
  • No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight lines limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage lines are maintained at sufficient height to prevent obstruction of such sight lines.
  • No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
  • No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the local public health authority. Approval of such systems as installed shall be obtained from such authority.
  • No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind  shall be permitted upon or in any lot, nor shall oil wells, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structures designed for the use in boring or oil or natural gas shall be erected, maintained or permitted upon any lot.
  • No unsightly, non-functioning vehicles are permitted to be stored or parked on the property or on the street. Only properly maintained functioning vehicles are permitted.
  • No mobile homes or trailers are permitted to be erected, stored or parked on the property or on the street.
  • The Developer, its successors and assigns, shall retain the exclusive right to modify these restrictions in any manner it deems necessary so long it owns any property within Hays Mill Mini Farms as shown in Exhibit A attached hereto.  However, items 6, 11, and 18 shall be specifically excluded from unilateral amendment by the Developer.




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