Covenants and Restrictions for Botany Woods in Buncombe County, NC.
Last reviewed Feb 24, 2011
Botany Woods was developed in sections. At the time of building, the developer placed Covenants and Restrictions on the neighborhood in order to protect property values. Although the restrictions for each section differ slightly, they are similar to the one below for Section II. Some properties on the fringes of Botany Woods are not subject to these Covenants. If relevant, the Covenants are referred to in your recorded deed and may be examined at the Register of Deeds office, 35 Woodfin Street, Suite 226, Asheville, N. C. 28801-3563, (828) 250-4300.
1. All lots shall be known and described as residential lots and no part of said lots shall be used for any type of business or stores. No structures shall be erected, altered, placed or permitted to remain on any lot other than one detached family dwelling not to exceed two stories in height and a private garage for not more than two cars.
2. Only one residence shall be built on any lot as shown and designated on said plot; no buildings shall be erected upon a subdivision of a lot except when such subdivision forms an addition to a lot as shown thereon and then only upon compliance with all other restrictions herein contained.
3. No trade or business and no noxious or offensive activities shall be carried on upon any lot or tract, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No livestock or poultry may be kept on the property.
4. No trailer, basement, tent, shack, garage, or other outbuilding erected on these tracts shall be at any time used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence, nor shall any residence be moved onto a building lot in the subdivision.
5. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1,000 sq. ft. for a one-story dwelling. Dwellings of more than one story shall have a minimum of 800 sq. ft. on the main floor and a total of not less than 1,200 sq. ft. on all floors.
6. No building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum setback lines shown on the recorded plot. In any event, no building shall be located on any lot nearer than 20 feet to the front lot line or nearer than 15 feet to any side street line.
No building shall be located nearer than 10 ft. to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 70 feet or more from the minimum building setback line.
For the purposes of this covenant, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of building or lot to encroach upon another lot. Subdivider reserved the right to waive unintentional violations of the set back line or side yard line.
7. Utility and drainage easements affecting all lots in this tract are reserved five feet in width along interior lot lines and over the rear 10 feet of each lot for installation and maintenance of utilities and drainage facilities. Neither Subdivider nor any utility company using the easements herein referred to, shall be liable for any damage done by them or their assigns, agents employees or servants, to shrubbery, trees or flowers, or to the property of the owner situated on the land covered by said easements.
8. No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than 5 square feet advertising the property for sale or rent, or signs used by the builder to advertise the property during the construction and sales period.
9. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, and all 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.
10. Grass and weeds are to be kept down on all vacant lots to prevent an unsightly and unsanitary condition. This is an obligation of the owner and is to be done at his/her expense.
11. No fence, wall, hedge, or shrub planting which obstructs sight lines of elevations between two and six feet above the 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 a points 25 feet from the intersection of the street lined, or in the case of a rounded property from the intersection of the street lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
12. No individual sewage disposal system shall be permitted on any lot unless such system is designed in accordance with the requirements, standards and recommendations of the County health Department. Approval of such system as installed shall be obtained from such authority.
13. No building shall be erected, placed or altered on any lot until the plans and specifications for same, including a site plan, have been approved in writing by a committee appointed for that purpose by Imperial Land Corp., its successors and assigns. All such plans must show location of all buildings to be placed, erected, or altered on said lot.
14. The covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1993, at which time said covenants shall be automatically extended for successive periods of 10 years, unless by vote of those persons then owning a majority of said lots, it is agreed to change said covenants in whole or part.
15. Enforcement shall be by proceeding 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.
16. 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.
