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RESTRICTIVE COVENANTS
FOR HOLLEY TERRACE NEIGHBORHOODS |
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(Holley Terrace Sections 1, 2, 3 and 4)
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ARTICLE I. DEFINITIONS |
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1.1 |
"Association"
- Holley Terrace Civic Association, Incorporated, a Texas nonprofit
corporation, its successors and assigns. |
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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. |
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1.3 |
"Board"
- the Board of Directors of the Association. |
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1.4 |
"Commercial
Vehicle” - any vehicle other than a non-commercial vehicle. |
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1.5 |
"Effective
Date" - date that Petition to Modify and Add Restrictive Covenants
is recorded in the Real Property Records. |
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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). |
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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. |
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1.8 |
"Grandfathering"
- the right of lots, structures and uses nonconforming with these
restrictions to continue in legal existence. |
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1.9 |
"Home
Occupation" - a low profile commercial activity meeting the
conditions of Section 2.4. |
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1.10 |
"House"
- a single family residential structure. |
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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. |
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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. |
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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. |
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1.14 |
"Lot"
- any numbered lot on the Plats. |
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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. |
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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. |
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1.17 |
"Owner(s)"
- the record title owner(s) of fee simple interest in a lot. |
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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. |
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1.19 |
"Real
Property Records" - the Official Public Records of Real Property of
Harris County, Texas (or successor records). |
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1.20 |
"Rear
Lot Line" - the boundary line of a lot parallel to the front street
line. |
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1.21 |
"Restrictions"
- the Restrictive Covenants created herein. |
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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 |
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1.23 |
"Street"
- the publicly dedicated rights-of-way on the Plats. |
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1.24 |
"Structure"
- any improvement, building or house, including an accessory structure
and fence. |
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1.25 |
"Subdivision"
- all real property located within Holley Terrace Subdivision Sections
1, 2, 3, and 4 according to the Plats. |
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1.26 |
"Vehicle"
- any automobile, truck, van, trailer, tractor, recreational vehicle
(RV), camper, boat, motorcycle or other mode of motorized
transportation. |
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ARTICLE II RESIDENTIAL CHARACTER RESTRICTIONS
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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. |
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2.2 |
No Lot Division. |
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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 |
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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 |
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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. |
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2.4 |
Home Occupation. Low profile commercial activities are allowed
under the following conditions: |
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2.4.1 |
No
employees. |
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2.4.2 |
No
signs. |
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2.4.3 |
No
advertising of home address (must use alternate address). |
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2.4.4 |
All commercial activities are conducted inside a structure. |
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2.4.5 |
No
storage of any substantial amount of inventory. |
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2.4.6 |
Existence of the commercial activity is not apparent from outside the
structure. |
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The Home Occupation restrictions apply to all non-residential
activities, whether or not for profit. |
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ARTICLE III. USE RESTRICTIONS |
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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. |
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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. |
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3.3 |
Nuisance. Noxious, unsafe, illegal or offensive activity
inconsistent with a residential neighborhood is prohibited. |
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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. |
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3.5 |
Required Parking. All lots shall provide space for parking at
least two vehicles on site. |
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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.
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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. |
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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. |
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3.9 |
Dead Tree Removal. Dead trees shall be removed in a reasonable
time frame. |
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3.10 |
Lighting. Exterior lighting or illumination shall be shielded so
that there is no unreasonable glare or illumination on any other lots. |
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3.11 |
Maintenance and Painting. Homeowners shall maintain their homes
in a reasonable state of repair and will paint the exterior when
necessary. |
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ARTICLE IV. RESTRICTIONS ON IMPROVEMENTS |
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4.1 |
Development Standards Committee. |
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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. |
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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: |
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i. |
Building setbacks, |
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ii. |
Building heights, |
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iii. |
Fence/wall standards |
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iv. |
Subdivision of lots. |
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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. |
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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. |
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4.4 |
Construction. New construction and remodeling shall conform to
the following standards: |
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4.4.1 |
No
prefabricated home, mobile home, house trailer or any similar structures
are allowed to be placed on any lot. |
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4.4.2 |
No
structure of a temporary character shall be used as a residence. |
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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. |
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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. |
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4.5 |
Drainage. Natural drainage of streets, lots or roadway ditches
must be maintained to facilitate the unrestricted flow of water. |
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ARTICLE V. DIMENSIONS AND SETBACKS |
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5.1 |
Number of Structures. More than one house,
one garage and two accessory structures on a lot are prohibited. |
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5.2 |
Height. |
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5.2.1 |
A
house exceeding 35 feet in height is prohibited. |
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5.2.2 |
A
detached garage, exceeding 30 feet in height is prohibited. |
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5.2.3 |
An
accessory structure exceeding 15 feet in height is prohibited. |
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5.2.4 |
Height shall be determined from the lot grade. |
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5.3 |
Stories. |
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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. |
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5.3.2 |
An
accessory structure exceeding one story is prohibited. |
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5.4 |
Setbacks. No structure may exist within the greater of the set
backs shown on the Plat or the following setbacks: |
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5.4.1 |
Setbacks reflected in the Plats. |
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5.4.2 |
30
feet from the front street line. |
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5.4.3 |
10
feet from the side street line or interior lot line |
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5.4.4 |
5
feet from rear lot line. |
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5.4.5 |
Fences are prohibited closer to a street than the building setback
lines. |
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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. |
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5.5 |
Permitted Protrusions in the Setbacks. The following are
permitted protrusions into setback areas: |
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5.5.1 |
Roof overhangs, bay windows, architectural features, and air
conditioning compressors, each not exceeding two feet, into side
setbacks only. |
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5.5.2 |
Basketball goals |
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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 |
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5.5.4 |
Window air conditioners, in side or rear setbacks only. |
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5.5.5 |
Chimneys, not exceeding two feet in depth and eight feet in width. |
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5.5.6 |
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