Primary Use Restrictions

Article #1

No lot shall be used except for private single family residential purposes. No structure shall be erected, placed or altered or permitted to remain on any lot except one sing family dwelling designed for the occupancy of one family (including any domestic servants living on the premises), not to exceed two and one-half stories in height and a private garage (attached or detached) for not more than three automobiles for the sole use of occupants of the lot.

Approval of Construction Plans

Article #2

No building, fence, wall, structure or other improvement (including a detached garage) shall be erected, placed or altered on any lot until the construction plans, specifications and a plan showing the grade elevation and location of the structure, fence, wall or improvement, the type of exterior material and the driveway (which shall be of asphalt or concrete) shall have been approved in writing by Plainview or by any person or association to whom it may assign the right. No fence or wall of any nature may be extended toward the front or street side property line beyond the front or side wall of the residence. Plainview may vary the established building lines, in its sole discretion, where not in conflict with applicable zoning regulations.

All structures and fences must be approved by the Plainview Residents Association.

Exterior Building Materials

Article #3

The exterior building material of all structures shall extend to ground level and shall be either brick, stone, brick veneer or stone veneer or a combination of same, unless some other material shall be approved in writing by Plainview, or any person or association to whom it may assign the right.

Building Lines

Article #4

No structure shall be located on any lot nearer to the front lot line or the side street line than the minimum building setback lines shown on the recorded plat, except bay wine and steps may project into said areas, and open porches may project into said areas not more than six feet.

Square Footage

Article #5

The ground floor area of a one story house with, an attached garage shall be a minimum of 1300 square feet.

The ground floor area of a one story house with attached single car garage shall be a minimum of 1200 square feet, exclusive of the garage.

The ground floor area of a one story house with an attached two car garage shall be a minimum of 1100 ‘square feet exclusive of the garage.

The ground floor area of a one and one-half story house shall be a minimum of 1100 square feet, exclusive of garage.

The total floor area of a tri-level house shall a minimum of 1600 square feet, exclusive of the garage.

The ground floor area of a two story house shall be a minimum of 1000 square feet, exclusive of the garage.

Finished basement areas and open porches are not included in computing floor area.

Annoyance and Nuisances

Article #6

No noxious or offensive trade or activity shall be conducted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

Temporary Structures

Article #7

No structure of a temporary character shall be permitted on any lot except temporary tool sheds or field offices used by a builder or Plainview, which shall be removed when construction or development is completed.

No outbuilding, trailer, basement, tent, shack, garage, barn or structure other than the main residence erected on a lot shall at any time be used as a residence, temporarily or permanently.

No trailer, truck, commercial vehicle, camper trailer, camping vehicle, or boat shall be parked or kept on any lot at any time unless housed in a garage or basement. No automobile which is inoperable shall be habitually or repeatedly parked or kept on any lot (except in the garage) or on any street. No trailer, boat, truck or other vehicle, except an automobile, shall be parked on any street in the subdivision for a period in excess of twenty-four hours in any one calendar year.

Animals

Article #8

No animals, including reptiles, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (meaning the domestic pets traditionally recognized as household pets in this geographic area) may be kept provided that they are not kept, bred or maintained for any commercial or breeding purposes. All house­ hold pets, including dogs and cats, shall at all times be con­fined to the lot occupied by the owner of such pet.

Grading and Sodding

Article #9

After the construction of a residence, the lot owner shall grade and sod that portion of the lot between the front and street side walls of the residence and the pavement of any abutting streets. Each lot owner shall cause a sidewalk to be constructed on each lot where required by applicable subdivision regulations.

Trees

Article #10

No tree with a trunk larger than two inches in diameter at the base shall be removed from any lot without the written permission of Plainview or any person or association to whom it may assign the right. If any tree is injured from whatever cause, the owner shall immediately have it treated by a qualified nurseryman. Upon the construction of a residence, the owner shall cause to be planted a three inch tree in the front yard. Upon an owner’s failure, to comply with this paragraph, or paragraph (9), Plainview or any person or association to whom it may assign the right, may take such action as necessary to comply therewith, and the owner on demand shall reimburse Plainview or other performing party for the expense incurred in so doing.

Tree planting and removal must be approved by the Plainview Residents Association.

Mailbox and Hedge Design

Article #11

No mailbox, paper holder, or hedge shall be placed or planted on any lot unless its design and placement or planting are approved in writing by Plainview or by any person or association to whom it may assign the right.

Mailbox and Hedge designs must be approved by the Plainview Residents Association.

Clothes Lines

Article #12

No outside clothes lines shall be erected or placed on any lot.

Property Appearance

Article #13

It shall be the duty of each owner to keep the grass on the lot properly cut, to keep the lot free from weeds and trash and to keep it otherwise neat and attractive in appearance. Should any owner fail to do so, then Plainview (or any person or association to whom it may assign the right) may take such action as it deems appropriate, including mowing, in order to make the lot neat and attractive, and the owner shall upon demand reimburse Plainview or other performing party for the expense incurred in so doing.

Business and Home Occupations

Article #14

No trade or business of any kind (and no practice of medicine, dentistry, chiropody, osteopathy and like endeavors) shall be conducted on any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Notwithstanding the provisions hereof or of section (1), a new house may be used by the builder thereof as a model home for display or for the builder’s own office, provided said use terminates within two years from completion of the house.

Signs

Article #15

No sign for advertising or for any other purpose shall be displayed on any lot or on a building or a structure on any lot, except on sign for advertising the sale or rent thereof, which shall not be greater in area than nine square feet; except Plainview shall have the right to erect larger signs when advertising the subdivision. This restriction shall not prohibit placement of occupant name signs and lot numbers as allowed by applicable zoning regulations.

Drainage

Article #16

Drainage of each lot shall conform to the general drainage plans of Plainview for the subdivision.

Disposal of Trash

Article #17

No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. Trash or garbage or other waste shall not be kept except in sanitary containers.

Utility Services

Article #18

Electric service lines serving each lot shall be underground throughout the length of service lines from the Louisville Gas & Electric Company pedestal to the building erected on each lot, and title to the service lines shall remain in, and the cost of installation and maintenance thereof, shall be borne individually by the respective lot owner upon which said service lines are located. The electric and telephone easements shown on the plat shall be maintained and preserved in their present condition and no encroachment therein, and no change in the grade or elevation thereof, shall be made by any person or lot owner without the express consent in writing of the Louisville Gas & Electric Company and South Central Bell Telephone Company or their successors.

Drains

Article #19

No storm water drains, roof downspouts or ground water shall be introduced into the sanitary sewage system. Connections on each lot shall be made with watertight joints in accordance with all applicable plumbing code requirements.

New Lot Construction

Article #20

Each lot owner shall, within fifteen months after the date of conveyance of a lot without a dwelling thereon, commence in good faith the construction of a single family dwelling approved according to paragraph (2), upon each lot conveyed; provided, that should said construction not commence within the specific period of time, Plainview may elect to repurchase any and all lots on which construction has not commenced for 90% of the agreed purchase price of said lot or lots hereunder, in which event the lot owner shall immediately reconvey and deliver possession of said lot or lots to Plainview by deed or special warranty.

Restrictions

Article #21

Unless cancelled, altered or amended under the provisions of this paragraph, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of thirty years from the date this document is recorded, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the then owners of the front footage all lots in Section 4 of Plainview, has been recorded, agree to change these restrictions and covenants in whole or in par These restrictions may be cancelled, altered or amended at an time by the affirmative action of the owners of 75% of the lots subject to these restrictions. Failure of any owner to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violations, shall not be deemed a waiver of the violation or the right to seek enforcement of these restrictions.

Enforcement

Article #22

Enforcement of these restrictions, excepting paragraph 21 shall be by proceeding at law or in equity, brought by any owner of real property in Plainview Subdivision, by the Association formed under paragraph (24), by the Club formed under paragraph (25), or by Plainview itself, against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration or to recover damages.

Invalidation

Article #23

Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provision which shall remain in full force and effect.

Residents Maintenance Association

Article #24

The Articles of Incorporation of PLAINVIEW RESI­DENTS’ ASSOCIATION, INC. (“Association”) which may be amended from time to time, dated July 21, 1972, are recorded in Corporation Book 200, page 454, in the office of the Clerk of the County Court of Jefferson County, Kentucky. Every owner of a lot in. this section of Plainview Subdivision (and such other sections which Plainview shall by future deed restriction so provide) shall be a member of the Association, and by acceptance of a deed for any lot agrees to accept membership in, and does thereby become a member of the Association. Such owner and member shall abide by the Association’s bylaws, rules and regulations, shall pay the assessments provided for, when due, and shall comply with decisions of the Association’s Board of Directors.

The objects and purposes of the Association shall be set forth in its Articles of Incorporation and shall be to promote the social welfare and serve the common good and general welfare of its members, and may include maintenance and repair of the streets, common areas, crosswalks, storm drains, basic lakes and entrances as shown on the aforesaid plats, and accordance of common area for purposes of operation, maintenance a repair. The objects and purposes shall include the mandatory responsibility to maintain the areas on said plat designated Open Space. Failure of the Association to maintain Open Space shall authorize any governmental authority concerned with maintenance of such areas to perform the required maintenance an have a claim upon said property for the reasonable expenses thereof, together with the right of such authority to enforce the restrictions herein relating to Open Space obligations. Plainview releases and quitclaims to the Association its tit to the area marked as Open Space on this section of Plainview Subdivision.

Swim and Tennis Club

Article #25

The original Articles of Incorporation of The Plainview Club, Inc. (“Club”), which have been amended and may be amended from time to time, dated July 21, 1972, are recorded in Corporation Book 200, Page 457, in the office of the Clerk of the County Court of Jefferson County, Kentucky. Every owner of a lot in this section of Plainview Subdivision (and such other sections which Plain­view Farms Development Corporation shall by deed restrictions so provide) shall have the privilege to become a member of the Club, upon applying for membership, payment of the applicable assessments, dues or fees charged by the Club from time to time, and upon compliance with the Bylaws and rules of the Club and decisions of its Board of Directors.

Amendments to Articles and Bylaws

Article #26

Nothing in this Declaration of Restrictions shall limit the right of the Association or of the Club to amend from time to time their Articles of Incorporation and bylaws.