RESTRICTIVE COVENANTS
FOR HOLLEY TERRACE NEIGHBORHOODS

(Holley Terrace Sections 1, 2, 3 and 4)

• Covenants in Word Format

• Covenants in PDF Format

ARTICLE I. DEFINITIONS

1.1

"Association" - Holley Terrace Civic Association, Incorporated, a Texas nonprofit corporation, its successors and assigns.

1.2

"Accessory Structure" - a structure whose use is ancillary to a house (but without living space), including a storage building, greenhouse, tennis court and gazebo, but not including a garage.

1.3

"Board" - the Board of Directors of the Association.

1.4

"Commercial Vehicle” - any vehicle other than a non-commercial vehicle.

1.5

"Effective Date" - date that Petition to Modify and Add Restrictive Covenants is recorded in the Real Property Records.

1.6

"Family" - an individual or two or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship or up to three unrelated adult persons, living as a single housekeeping unit in a house (including a garage apartment).

1.7

"Front Street Line" - for interior lots, the boundary line of a lot with the street. For corner lots, the boundary line of the lot with the street which has the shortest length. Where streets border the lot on opposite sides, the street the house faces.

1.8

"Grandfathering" - the right of lots, structures and uses nonconforming with these restrictions to continue in legal existence.

1.9

"Home Occupation" - a low profile commercial activity meeting the conditions of Section 2.4.

1.10

"House" - a single family residential structure.

1.11

"Improved Driveway" - a hard surfaced area connecting a street and a garage, or other improved parking area located behind the front setback line constructed in compliance with City of Houston Building Code. Improved driveways may include a circular drive, which is a driveway which connects two streets or provides a circular connection with one street.

1.12

"Inoperative Vehicle" - a vehicle which (i) lacks either a current registration or a current motor vehicle inspection certificate, (ii) is stored, wrecked or dismantled in any degree and, (iii) is located in view of a street for 30 days out of any 60 day period.

1.13

"Interior Lot Line" - the boundary line of a lot, which boundary line connects a front street line and a rear lot line, but does not abut a street.

1.14

"Lot" - any numbered lot on the Plats.

1.15

"Lot Grade" - the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and a line 5 feet from the structure.

1.16

"Non-Commercial Vehicle" - passenger automobile, truck, van, camper or recreational vehicle of one ton capacity or less, recreational boat, motorcycle or lawn maintenance equipment.

1.17

"Owner(s)" - the record title owner(s) of fee simple interest in a lot.

1.18

"Plats" - the map or plat of Holley Terrace Sections 1, 2, 3 & 4 recorded in Volume 101 Page 18 of the Map Records of Harris County, Texas; the map or plat recorded in Volume 108, Page 11 of the Map Records of Harris County, Texas; the map or plat recorded in Volume 128, Page 42 of the Map Records of Harris County, Texas; the map or plat recorded in Volume 129, Page 46 of the Map Records of Harris County, Texas; and duly approved replat of any part of the foregoing Maps or Plat which complies with these Restrictions (if recorded on or before the date of recording of this Petition), if in compliance with the then applicable restrictive covenants.

1.19

"Real Property Records" - the Official Public Records of Real Property of Harris County, Texas (or successor records).

1.20

"Rear Lot Line" - the boundary line of a lot parallel to the front street line.

1.21

"Restrictions" - the Restrictive Covenants created herein.

1.22

 "Side Street Line" - the boundary line of a lot which is adjacent to a street, but which is not the front street line

1.23

"Street" - the publicly dedicated rights-of-way on the Plats.

1.24

"Structure" - any improvement, building or house, including an accessory structure and fence.

1.25

"Subdivision" - all real property located within Holley Terrace Subdivision Sections 1, 2, 3, and 4 according to the Plats.

1.26

"Vehicle" - any automobile, truck, van, trailer, tractor, recreational vehicle (RV), camper, boat, motorcycle or other mode of motorized transportation.

ARTICLE II RESIDENTIAL CHARACTER RESTRICTIONS

2.1

Single Family Residential.  All lots shall be used exclusively for single family residential purposes. Both the use of a lot and the structures placed on a lot shall be single family residential. Multi-family residential, commercial, fraternity, sorority, club, rooming houses and industrial structures uses are prohibited, whether conducted on a for profit basis or not.

2.2

No Lot Division.

2.2.1

Except as provided below, no lot may be further subdivided or reduced in size.  A lot may be eliminated if it is divided between adjacent lots. Multiple lots may be used as a single building site

2.2.2

Except as specifically provided, all structures shall setback 25 feet from the front street line, even if the lots are subdivided as allowed above

2.3

Renting.  Entire lots may be rented.  No room, section of a house or a garage apartment may be rented separately.  Renting includes granting the right to any person not related by blood to the Owner to reside in a house in return for any monetary or non-monetary compensation including yard work, house work or child care.  Full-time nannies are allowed.

2.4

Home Occupation.  Low profile commercial activities are allowed under the following conditions:

2.4.1

No employees.

2.4.2

No signs.

2.4.3

No advertising of home address (must use alternate address).

2.4.4

All commercial activities are conducted inside a structure.

2.4.5

No storage of any substantial amount of inventory.

2.4.6

Existence of the commercial activity is not apparent from outside the structure.

The Home Occupation restrictions apply to all non-residential activities, whether or not for profit.

ARTICLE III. USE RESTRICTIONS

3.1

Animals.  No livestock, poultry, bees or other non-domesticated animals of any kind shall be raised, bred or kept on any lot; except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes.  Dogs must be confined behind a secure fence and may not be allowed to roam freely.

3.2

Noise.  Unusually loud activities are prohibited at all times. After 10:00 p.m. and before 7:00 a.m. loud activities are prohibited so that the reasonable enjoyment of Owners is not disturbed. No noisy, offensive or hazardous activity is allowed. Exceeding the standards set by Chapter 30 the City of Houston Code of Ordinances, Noise and Sound Level Regulation, shall be deemed to be a violation of this provision.

3.3

Nuisance.  Noxious, unsafe, illegal or offensive activity inconsistent with a residential neighborhood is prohibited.

3.4

Vehicle Storage.  Vehicles must be parked on an improved driveway, or in a garage. No boat, trailer, camper, motor home or any vehicle other than a passenger car or pickup truck (not exceeding one ton capacity) shall be parked or stored (except for the purposes of loading and unloading) in front or at the side of any main residence building.  Any inoperable vehicle shall be stored where it is not be visible from the street or other public areas.  Commercial Vehicles may be temporarily parked on a street or an improved driveway for not more than 3 consecutive days.

3.5

Required Parking.  All lots shall provide space for parking at least two vehicles on site.

3.6

Weeds. Trash and Rubbish.  Owners shall keep the yard mowed and edged, all weeds cut and will not permit the accumulation of trash, rubbish, or other unsightly obstacles on any lot,  adjacent drainage ditches or in the street abutting their lot.  Trash cans, trash bags and/or other debris shall be stored in the back yard or in a garage, but in any case shall not be stored in front of the house or garage.

3.7

Vacant Lots.  No vacant lot shall be used for the storage or parking of cars, trucks, boats, campers, trailers for towing or other vehicles.  Vacant lots shall be maintained to the minimum maintenance standards described herein.  No lot may be used for vehicular access to any property not contained within the Subdivisions, whether a vacant lot or containing an allowable structure.

3.8

Signs.  No permanent signs shall be permitted to be displayed on any lot.  Political signs during an election campaign, real estate signs and garage/yard/estate sale signs for the days of the sale are permitted.

3.9

Dead Tree Removal.  Dead trees shall be removed in a reasonable time frame.

3.10

Lighting.  Exterior lighting or illumination shall be shielded so that there is no unreasonable glare or illumination on any other lots.

3.11

Maintenance and Painting.  Homeowners shall maintain their homes in a reasonable state of repair and will paint the exterior when necessary.

ARTICLE IV. RESTRICTIONS ON IMPROVEMENTS

4.1

Development Standards Committee.

4.1.1

No structure shall be erected, placed, or altered on any lot until reviewed for conformance with these Restrictions and approved in writing by the Development Standards Committee (“DSC"). The DSC shall have five members.

4.1.2

Each year the Board shall appoint one Owner who resides in each of the four Subdivisions (and who are not Officers of the Board to a non-compensated one year term on the DSC.  The DSC has the power to review and approve the following items related to new construction or modeling projects within the Subdivisions:

i.

Building setbacks,

ii.

Building heights,

iii.

Fence/wall standards

iv.

Subdivision of lots.

4.2

Temporary Buildings.  Mobile homes, manufactured houses, and temporary buildings are prohibited.  Movable storage structures are allowed behind the house in the rear yard of a lot, provided they do not exceed 10 feet in height, do not exceed 100 square feet in floor space, are located at least five feet from lot lines and are not used for living space.

4.3

Utility Easements.  Easements are reserved as shown on the Plat for utility installation and maintenance.  In Holley Terrace, additional easements along interior lines extending 1.5 feet each side of property line are reserved for drainage installation maintenance.

4.4

Construction.  New construction and remodeling shall conform to the following standards:

4.4.1

No prefabricated home, mobile home, house trailer or any similar structures are allowed to be placed on any lot.

4.4.2

No structure of a temporary character shall be used as a residence.

4.4.3

All construction shall be of suitable weatherproof material.  Wood, other than redwood or cedar, shall receive at least two coats of paint or other suitable preservative.

4.4.4

No residence shall have less than 51% brick on its exterior wall area, except that detached garages shall not be required to have brick exterior provided that construction conforms to the other requirements herein.  No asbestos siding shall be used on any part of any building and all roofs shall be composition shingle of timberline quality or better.  Driveways shall be constructed of concrete.

4.5

Drainage.  Natural drainage of streets, lots or roadway ditches must be maintained to facilitate the unrestricted flow of water.

ARTICLE V. DIMENSIONS AND SETBACKS

5.1

Number of Structures.  More than one house, one garage and two accessory structures on a lot are prohibited.

5.2

Height.

5.2.1

A house exceeding 35 feet in height is prohibited.

5.2.2

A detached garage, exceeding 30 feet in height is prohibited.

5.2.3

An accessory structure exceeding 15 feet in height is prohibited.

5.2.4

Height shall be determined from the lot grade.

5.3

Stories.

5.3.1

A house exceeding two full stories and a third half-story contained within the structure's roof line with floor area not exceeding 60% of the second story is prohibited.

5.3.2

An accessory structure exceeding one story is prohibited.

5.4

Setbacks.  No structure may exist within the greater of the set backs shown on the Plat or the following setbacks:

5.4.1

Setbacks reflected in the Plats.

5.4.2

30 feet from the front street line.

5.4.3

10 feet from the side street line or interior lot line

5.4.4

5 feet from rear lot line.

5.4.5

Fences are prohibited closer to a street than the building setback lines.

5.4.6

Accessory structures shall not extend beyond the front or side lines which are the extension of the outer building facade (not including porch, eaves, bay window or chimney) of the house on the lot.

5.5

Permitted Protrusions in the Setbacks.  The following are permitted protrusions into setback areas:

5.5.1

Roof overhangs, bay windows, architectural features, and air conditioning compressors, each not exceeding two feet, into side setbacks only.

5.5.2

Basketball goals

5.5.3

Uncovered decks, porches or patios not exceeding 18 inches in height, in side and rear setbacks without limit to square feet but in front setbacks limited to 50 square feet in area immediately adjacent to the main entrance to the house

5.5.4

Window air conditioners, in side or rear setbacks only.

5.5.5

Chimneys, not exceeding two feet in depth and eight feet in width.

5.5.6