ARCHITECTURAL GUIDELINES

Transcription

1 Tucson Estates No. Two The Foothills ARCHITECTURAL GUIDELINES 1/19/2016 Revised and Approved by the Board of Directors

2 PREAMBLE & INTRODUCTION Architectural Guidelines Congratulations on being a property owner in Tucson Estates No. Two, also known as The Foothills, a quality community, where homeowners have made a major investment in life-style in the surrounding desert of Southern Arizona. These guidelines apply to all lot owners within The Foothills, whether it is a lot that has not yet begun initial construction or a lot that is making improvements, modifications, revisions, or additions to the existing home. These guidelines have been developed and approved in accordance with the Declaration of Covenants, Conditions, Restrictions and Easements (CC&R s) for Tucson Estates No. Two, as amended. In accordance with Article 5 of the CC&R s, the establishment of an architectural review process is required. Article 5 also requires that architectural guidelines be adopted, which the Architectural Committee is empowered to enforce. If plans and specifications submitted to the Architecture Committee are not approved, the Owner submitting the plans may appeal the decision in writing to the Board of Directors. Please review Article 5 of the CC&R s for more information on this process. The original guidelines were intended, at the inception of the community, as an information source to builders, developers, architects or investors interested in Tucson Estates No. Two. They have since been amended to act as a regulatory mechanism to ensure all improvements, modifications, revisions, or additions to existing homes are consistent with the architectural integrity of Tucson Estates No. Two. The guidelines also ensure that we maintain a community that is harmonious and compatible with the desert and surrounding areas while complying with the Pima County Outdoor Lighting Code. These guidelines, along with their enforcement, are not intended to stifle creative desires of homeowners, but are intended to insure the natural beauty of the community, enhance and preserve the present and future property values, and to preserve the architectural integrity of the community. The Architectural Committee (ARC) is tasked with the oversight of this process; section TWO of the CC&R s. However, it is the responsibility of the homeowner to comply with these guidelines. The homeowner shall be responsible for all actions taken by his/her contractor in or during any part of this process. Note that these Architectural Guidelines may be amended from time to time in an effort to enhance Tucson Estates No. Two. Please take the time to read this document carefully before contemplating any exterior change, modification, repainting or alteration to your home. Thank you. Sincerely, Board of Directors Tucson Estates No. Two Owners Association Page 1 of 18

3 Tucson Estates No. Two The Foothills A. The Application Processes To ensure the equitable and fair application of the Architectural Guidelines to all residents and lot owners, a formal approval process is in place. If there are any conflicts between the guideline provisions and the CC&R s, the CC&R s shall prevail and take precedence. 1. Approval Requirements No home, improvement, building, fence, wall or any other structure (whether attached to the dwelling unit or freestanding) shall be installed, constructed, erected or maintained on any lot until the plans and specifications for it, including design, shape, height, color, material, floor plan (for the purpose of determining the location of doors and windows on the exterior), proposed placement and location shall first have been submitted to the ARC and approved in writing. The Architectural Committee shall determine the suitability of any proposed structure on the surrounding areas. Failure to secure the required written approval is a violation of the CC&R s and these guidelines, and may result in an action by the Association against the homeowner for non-compliance. See Section 9.5 and 9.6 of the CC&R s for additional information on architectural enforcement. 2. The Approval Process The owner is responsible for submitting a written request to, and receiving written approval from, the ARC three weeks prior to the initiation of any work. Each request must be accompanied by information as detailed in Section B.2. Either the owner or the ARC may request a meeting to review the details of the request at any time during the process. The need for additional information could delay the process. The ARC will review the application and render a decision. A written decision will be provided to the homeowner along with a work permit to be posted in a visible location. The permit will also state any changes, deviations or conditional requirements that might differ from the original ARC Request. If the owner determines a change in plans is needed after the ARC Request has been approved, the change must also be approved in writing by the ARC, per section 5.1. of the CC&R s. Section 2.1 of the CC&R s provides additional information regarding the discretion of the ARC. 3. The Appeal Process In the event a request is not approved, the owner will be notified and may resubmit the request with additional information and/or modifications. The request will be re-considered and the voting and notification process will be repeated in an attempt to reach a solution. In the event the ARC issues a final disapproval, the owner may appeal the decision to the Association s Board of Directors for review and final decision. A copy of the submittal form can be found in Appendix A of Page 2 of 18

4 these guidelines, on the Association s website at tefoothills.org or in the clubhouse office. 4. The Timing of Approvals In the event the ARC fails to approve or disapprove any application within twenty one (21) calendar days after submission of all materials reasonably requested, the application shall be deemed approved. Every effort shall be made by the ARC to approve the requests in less than 21 days so as not to hinder the progress of homeowner efforts. In the event of disapproval the requesting owner may resubmit the plans or application, and the above-noted twenty one (21) day period shall begin anew. 5. Variances In accordance with section 2.5 and 5.7 of the CC&R s, the ARC may authorize variances from compliance with these guidelines or any procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but such variances shall be made only in accordance with the duly adopted rules and regulations. Such variances may only be granted when the ARC determines that unique circumstances dictate. The approved variances shall (i) be in writing; (ii) will not be contrary to the CC&R s; or (iii) prevent the ARC from denying a variance in other circumstances. Also, the inability to obtain approval of any government agency, the issuance of any permit or the terms of any financing shall not be considered a hardship warranting a variance from the Guidelines. 6. Definitions Manufactured Home - is considered to be a home that is built off-site and then brought in to the Tucson Estates No. Two location. Site Built Home - is a home that is built entirely on the lot/lots within the Tucson Estates No. Two Subdivision. Visible from Neighboring Property - Tucson Estates No. Two Architectural Guidelines refer to whether many items throughout the community are Visible from Neighboring Property. This phrase is defined as: with respect to any given object, that such object would be visible to an individual whose eyes are six (6) feet above the ground and who is standing at natural grade level. The ARC will apply a reasonable interpretation to this definition. B. ARC Request Details 1. General Guidelines The following are illustrations of lot improvements, modifications, and alterations that require ARC approval. This list should not be considered all inclusive. These are only a few examples: - All structural modifications and building additions - Structure colors, trim, or accent colors - Additional equipment to include exterior lighting, cooling, heating, permanent fireplace (i.e., outside fireplaces, or chimeneas) Page 3 of 18

5 - Ramadas, pergolas, gazebos, sheds (including store bought type) - Detached structures, patio additions and enclosures of any type - Flag poles - Adding a wall or fence 2. Application Submittal Details Application submittals must be in writing on the ARC submittal form, must be received 3 weeks prior to the start of the project and must include full details of the planned project, improvement or modification, including: a. The lot owner s name, address and lot number; b. Contact phone number; c. Detailed description of the work to be done; d. An accurate drawing on a Lot Plan (drawn to scale) using lot dimensions and showing all setbacks, exact location of the proposed addition/improvement, elevation plan and orientation of the structure; e. The exact dimensions as to length, width and height, including any roof overhang, bay windows or other projections from the basic structures; f. List of materials to be used, including any color schemes; g. A color swatch (the ARC may also request a large sample to be painted on the structure to be reviewed prior to their approval); h. The location and composition of driveways, carports, garages, walkways, storage sheds and other improvements; i. The location of the air conditioning unit and a description of its enclosure; j. The location of the utilities on the lot. k. Lot plans and Architectural Improvement Application Forms may be obtained at the Tucson Estates No. Two Office at the clubhouse, 5700 W. Lone Star Drive, Tucson, Arizona l. The Architectural Committee will assist in planning for the placement of homes and improvements on the property if requested. 3. Completion of Approved Work New Home Construction must follow the timeline outlined by the Pima County Building Permit process. For projects other than New Construction, the homeowner will have no more than 180 days from the date of approval to complete all improvements, modifications, and/or alterations. In the event work cannot be completed within this time, a written request for an extension must be submitted to the ARC for approval. 4. Unapproved Work Right to Enforce Section 9.5 and 9.6 of the CC&R s empowers the Board to enforce any nonconformance or noncompliance with the architectural process. The Board reserves the right to demand the homeowner to immediately cease any and all work being performed for which an application has not been either received or approved, and may take the actions permitted under section 9.5 and 9.6. Failure of the homeowner to comply may be a cause of an action at law or in equity by the Association, either for injunction, action for damages, to assess a monetary penalty or such other remedy as may be available. The Board may take the same actions for acts of noncompliance or nonconformance that have been completed Page 4 of 18

6 without prior knowledge and approval of the ARC. Refer to the Enforcement Policy for more details regarding monetary penalties. 5. No Waiver of Future Approvals Approval by the ARC for any work done or proposed shall not be deemed to constitute a waiver of the right to withhold approval for any similar proposals, plans, specifications, drawings, or other matters subsequently or additionally submitted to the ARC for approval. 6. Fees In the event no homeowners are willing to participate in the ARC Committee, the Board might be required to pay an outside entity to fill the open positions in the ARC Committee. The Board may establish a reasonable processing fee to defer the cost of the ARC in considering any requests for approvals submitted to the ARC. If so, any fees will be posted and fees shall be paid at the time the request for approval or review is submitted. 7. Views The Association, the Board or the ARC does not have a duty to protect views or view expectations. All lots are subject, at some time, to potential improvements that might affect the view or image experienced by a neighbor. Also trees will mature on both residential lots and common areas as time passes. Prior to preparing a submission to the ARC, it is suggested that the applying homeowner discuss any potential visible alterations or improvements with his/her neighbor(s). C. General Appearance and Maintenance of Property 1. Each lot and all improvements on it shall at all times be maintained in good condition and repair and free of all weeds, including rubbish, trash, building materials, construction debris and other items that are not an integral part of the home or landscaped features of the lot. A temporary accommodation may be made, for construction, building and landscape materials stored on the lot that are part of work in progress. 2. Owners shall not store equipment, tools, wood, etc. so that they are visible from the street, common areas, or from a neighboring property, with the exception as provided in #1 above. 3. Each property owner, whether absent or in residence, is responsible for maintaining the appearance and condition of the home, property, and related landscaping so that it contributes to the overall appearance and aesthetic values of the neighborhood and the community. Each property owner shall be responsible for the actions of his/her guests, tenants and invitees. D. Specific Guidelines 1. Home Location and Placement a. Only one residential home shall be located on each lot, except that upon the advance written approval and with a waiver of the setback requirements by the ARC, one home may be placed on two or more adjacent lots. With prior approval of the ARC, a casita or other free-standing structure may be allowed in addition to the main home on a lot. Page 5 of 18

7 b. Each home and all appurtenant structures shall be set back from the front lot line at least 15 feet, except lots 1 through 12 and lots 544 through 559, which shall be set back 30 feet. Each home shall be set back 8 feet from each side property line and 8 feet from the rear property line. c. Lots 112 through 249, lots 251 and 252, lots 254 through 277, lots 279 through 287, lots 455 through 518, lots 520 through 543, and lots 560 through 564 shall be restricted to site built homes. d. Manufactured Homes - Ground level installation is encouraged; however, no home may be set higher than 12 inches above ground level. The ground level shall be deemed to be the average finished grade level of the lot immediately adjacent to the foundation. The measurement shall be made from that point to the bottom of the siding or lowest trim piece of the home. e. Site Built homes No home shall be built higher than 12 inches above the ground level. The 12-inch limit will be measured from the average finished grade level of the lot immediately adjacent to the foundation to the interior floor level of the house. f. Homes shall be selected as to size and configuration for placement that allows ingress, egress and parking of vehicles in approved locations on the lot. 2. Minimum Specifications for Homes a. Size: 1. Site Built Homes - The minimum size shall be 1300 square feet excluding garages, porches, carports, and unincorporated storage structures. 2. Manufactured Homes - The dimensions cannot be less than 24 X 42 feet net. b. Exterior Material: 1. Site Built Homes - Approved materials include stucco exterior with accents of wood, stone, rock, metal or tile. 2. Site Built Homes Materials not allowed include any type of siding. 3. Manufactured Homes Approved materials include lap siding, hardboard siding, or stucco. c. Roofing Material: 1. ARC approval is needed for the replacement or repair of a roof. 2. Site Built Homes Approved materials when the roof is visible from the street, common areas or neighbors homes shall be made solely of a clay tile material or a material that has the appearance of clay tile that blends with the colors and styles of the natural desert surroundings. Site built homes where the roof is not visible from the street, common areas or neighbors homes (such as Santa Fe style) are not limited to clay tile or clay tile looking materials. 3. Site Built Homes Roofing materials not allowed include composition, asphalt or wood shingles. 4. Manufactured Homes - Approved materials are materials that are not reflective and that blend with the colors of the natural desert surroundings. This includes earth tone composition asphalt shingles, tile or other similar durable coverings. Page 6 of 18

8 3. Height 5. Manufactured Homes Roofing materials not allowed include metallic roofing materials. However, carports can use metallic material as long as the fascia for such structures is covered with a wood material or a wood look material that blends with the appearance of the house. Homes, including both site built homes or manufactured homes, or any improvements or additions thereto placed or constructed on the property will be limited to one story, not greater than sixteen feet (16 ) from the height of the building pad. The ARC shall have the right to waive or further limit this requirement if the Committee determines in its sole discretion that such waiver is appropriate for any particular improvements. All plans and designs submitted for approval shall comply with these requirements. The height of a home shall be measured from the ground level, which is defined to be the average finished grade level immediately adjacent to the foundation. NOTE: The specified height for Phase V (all lots along Ten Star Drive, all lots along Flying Heart Lane as well as lots located at 6054, 6060, 6066, 6072, 6078, 6084, 6090, 6096, 6100 and 6106 Tucson Estates Parkway) shall not be greater than fourteen (14 ) for the following reasons: a. It is within the limitation of not greater than 16 ; b. The CC&R s permit the ARC the right to waive the specified height; as reflected in this guideline; c. The 16 height is stipulated to accommodate compliance of those homes that were built by prior developers; d. The Phase V limitation is consistent with the height of homes in this phase, and consistent with past enforcement of the limitation in this phase. 4. Lot Grading No lot shall be re-graded without the prior written approval of the Architectural Committee. New construction requires an overall master grading plan indicating existing and proposed drainage patterns. The intent of these guidelines is to ensure proper drainage and to maintain the natural appearance of the community. 5. Drainage During the establishment of the Tucson Estates No. Two Subdivision, the developer resolved all major drainage issues. It is essential that all minor drainage that crosses any lot shall enter and exit in its natural course and condition. In the event that improvements to any lot should alter the existing drainage pattern, a plan showing the proposed alterations and the methods proposed for accommodating the flow, shall be submitted to the Architectural Committee for approval. NOTE: Particular attention must be given to new home placement and the common areas that are located between the property owners lot lines and the street paving. Erosion control methods must be in place at all phases of construction. Page 7 of 18

9 6. Painting or Repainting Any exterior color selection/combination requires prior written approval from the ARC, and the submission of a color swatch. Tucson Estates No. Two is located in a Pima County AZ Buffer Overlay Zone. Tucson Mountain Park is identified as a Public Preserve with adjacent Buffer Overlay Zone areas that are critical and sensitive biological communities that are protected by the Buffer Overlay Zone (Ordinance 18.67). Even though our community is not required to abide by all the constraints of Ordinance 18.67, our Association believes that we should be good neighbors of the Tucson Mountain Park and adopt an abbreviated version of the ordinance. The preservation of visual aesthetics is one goal of this ordinance. The ordinance states, Colors shall not exceed a light-reflective value of 60 percent. To further clarify color requirements with respect to Light Reflective Values (LRV), an extensive Dunn Edwards paint palette has been developed for the house body colors. The paint palette can be found on the Dunn Edwards website, the link can be found on the tefoothills.org website or you can borrow the samples from the TE # TWO onsite office. You are not required to purchase Dunn Edwards paint products. However, the ARC will utilize this color palette to color match paint from other brands in order to determine the LRV. If you do not find your preferred paint color in the paint palette, you must submit your custom color to the ARC for consideration. Please keep in mind that the ARC will still utilize the 60 percent LRV when making their approval decision. If you desire to use a trim color, you are welcome to choose a color outside of the Paint Palette. The approval of the trim color will depend on the amount of surface area being painted and its location. However, you are still required to submit your trim color for ARC approval. 7. Driveway Construction, Coatings and Extensions a. The location and composition of driveways shall be included in the original lot plans for construction. b. The driveway shall be constructed of a material that blends with the colors of the natural desert surroundings and/or compliments the other driveways in the community. c. The driveway must be constructed of a material that does not interfere with the aesthetic appearance of a neighboring property. d. If the driveway is constructed of stones, the stones shall be of a size no less than ¼ inch. e. ARC approval is required for the extension or modification of driveways. f. ARC approval is required for any coating or change of color to a driveway. g. Upon receipt of a properly executed application & drawing from a member for a driveway expansion, the ARC will base its decision on the following criteria: Page 8 of 18

10 1. The addition shall be like-kind in material, quality, color and appearance as the existing driveway. 2. The location of the proposed addition in relation to the home and driveway. 3. The impact on existing landscaping. 4. The impact on water flow and lot drainage. 8. Exterior Lighting a. No exterior lighting shall be installed without the prior approval of the Architectural Committee. The plans for either a site built home or a manufactured home shall contain the location, type, color and other specifications as to exterior lights to enable the committee to determine whether they conform to the Pima County Outdoor Lighting Code. (Pima County Ordinance 8210). b. New lighting modifications and/or alterations not previously approved or part of the initial construction of the home must be fully shielded to reduce dispersal of ambient light in a horizontal or skyward direction, and directed downwards so as not to shine into adjacent lots or streets. Fully shielded as defined by the Arizona Revised Statute 1101(1) means that fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point of the fixture where light is emitted. c. Be advised that the ARC shall, at its discretion, determine whether any exterior lighting is excessive. d. The use of unshielded light fixtures will not be approved. e. Backyard lights shall not be illuminated past 11:00 PM unless being in a motion detector configuration or mode. f. In front yards, only screened landscape lights near the ground, directed downwards, will be approved. g. Security lights shall be motion-activated. The controls must be adjusted so as not to be triggered by movement on adjacent lots or streets. This type of lighting requires prior approval before installation. h. Exterior seasonal decorative lights do not require ARC approval. Per the Pima County Outdoor Lighting Code, seasonal lighting is exempt from Thanksgiving to the 15th of January each year. 9. Walls, Gates and Fences The plan and specifications of any fencing or walls shall have the written approval of the Architectural Committee prior to installation or construction. Plans that show the intended improvement to be harmonious with the architectural characteristics of the community shall be considered by the Committee. The finished side of any fencing shall face the street. Chain link or other galvanized metal fencing will not be approved. Pima County Building Code limits the height of fences and walls to 6 feet or less. The aforementioned items shall be well maintained at all times 10. Air Conditioners / Evaporative Coolers All tanks, evaporative coolers, air conditioners or similar equipment, except roof mounted units, shall be concealed from view of neighboring lots or from the common areas and streets. All air-conditioning units installed by property owners Page 9 of 18

11 require ARC approval, unless it is a replacement unit in the exact same location. Except for roof mounted units, all tanks, evaporative coolers, air conditioners or other similar equipment, shall be concealed from view by an enclosure, structure or mature foliage approved by the Architectural Committee. These enclosures, structures or foliage shall be included in the lot plan submitted, and installed by the property owner, the contractor or the manufactured home installer. Roof mounted units shall be of a color or repainted with a color that blends with the house and natural surroundings. Placement of the air conditioning unit shall include consideration for annoyance to neighboring property owners. As of the date of this revision, no new portable window type units will be approved in any dwelling unit, including installation in a window or through a wall. 11. Solar Panels/Collectors a. ARC approval is required for the installation of solar collectors and ancillary equipment. b. Drawings showing the location and number of collectors, attachment to the roof structure and location of exterior system components shall be provided. Photographs of the home where the installation is to occur would be helpful to the ARC. c. An illustrated brochure of the proposed solar unit, which depicts the materials to be used, would also be helpful. d. Solar collectors will be installed in accordance with Arizona Revised Statute and these rules do not prevent the installation, impair the functioning of the device or restrict its use or adversely affect the cost or efficiency of the device. The preferred location is on the roof of the house, patio or garage at the rear of the property if possible. e. All exterior plumbing and electrical lines shall be painted to match the color of adjacent roof materials and/or walls. f. All installations shall meet applicable fire, safety, and building codes. g. ARC approval is not required for interior solar tube skylights. 12. Antennas No antenna or other device for transmission or reception of television or radio (including amateur or ham radio) signals of any kind will be allowed except those subject to applicable federal (the Telecommunications Act of 1996) and state law, as well as any Association policy adopted in compliance with those laws, and subject to the approval process specified below. These devices are collectively referred to herein as antennas. No antennas will be allowed outside any home, except: a. Those antennas whose installation and use is protected under federal law or regulations provided that an application for such an antenna shall be submitted to the ARC for approval. The application will be approved only if: 1. The antenna is designed to assure the minimal visual intrusion possible (i.e., is located in a manner that minimizes visibility from any street); and 2. The antenna complies to the maximum extent feasible with the guidelines within the confines of applicable federal regulations, (i.e., without precluding Page 10 of 18

12 reception of quality signal, or unreasonably increasing the cost of the antenna); or 3. Satellite dishes are under one meter in diameter and are in locations approved by the ARC. b. Any transmission cable for a non-roof mounted receiver to the house shall be underground. The restrictions in this section shall be subject to any limitations imposed by law. The ARC may enact rules that are more restrictive, if permissible by federal and state law. 13. Weather Recording Equipment ARC approval is required for exterior weather recording equipment and/or weather vanes to be installed on the roof, chimney or yard. 14. Rain Gutters, Downspouts, Scuppers and other Rain Harvesting Equipment a. Rain gutters, downspouts or rain harvesting equipment require ARC approval. b. Any modification to scuppers also requires ARC approval. c. The color, style, and material must blend with or compliment the color of the house, trim, scuppers or the roof tile. d. Water discharge from the gutters, downspouts, scuppers or other rain harvesting equipment shall not be directed onto a neighbor s property or cause erosion to the neighbor s property or the common areas. 15. Ramadas (attached or freestanding), Gazebos, Covered Porches, Pergolas, Sheds, Guest House, Casitas, or Other Structures a. ARC approval is required prior to the installation, building or painting of any type of structure. b. The structure must be architecturally consistent with the style of the house. c. Consideration for approval will be given to the impact on neighboring properties. 16. Awnings, Screen/Security Doors, Shutters and Window Coverings Window coverings and awnings, canopies and shutters require ARC approval. The following general guidelines will apply and must be identified on the ARC application as appropriate: a. Awnings must be made of a material that is a color that compliments or is the same as the house, trim, or roof tile. Supporting parts for fixed window awnings may project no more than four (4) feet from the house. The awning must be no more than twelve (12) inches wider than the window. b. Retractable awnings must be a color that compliments or is the same color as the house, trim, or roof tile. c. Exterior roll down shutters, screens and/or shades must compliment the house. d. Screen doors and screen enclosures require ARC approval. e. Freestanding sunscreens and/or privacy structures require ARC approval if visible from neighboring property, from the street or common areas. f. Window sunscreens should match or compliment the color of the house. g. Any exterior sunscreen must not be reflective. h. Reflective window coverings are not allowed Page 11 of 18

13 i. Wooden screen doors are prohibited on the front of the house facing the street. 17. Common Area Changes No owner is permitted to change, modify or alter any component which is determined by the CC&R s to be an Association responsibility, which shall be all common areas. Any requests for exceptions should be addressed by the Landscape Committee. 18. Landscaping a. Major landscape projects may require approval by the Landscape Committee as well as the ARC Committee. b. For all landscape requests, the ARC s review will only consider the hardscape items such as patios, paths, driveways, utility interference and gravel. c. The Landscape Committee will focus their review on plants, erosion, drainage, and protecting the common areas. 19. Irrigation Systems All permanently installed irrigation systems shall be placed underground or otherwise concealed from view. 20. Elevated Structures, Decks, and Patios ARC approval is required for any and all elevated structures, decks, and patios. The ARC review of Elevated structures and Decks will be limited to their location, property setback, height and the aesthetics of the material and color of the structure. Due to safety concerns and to insure proper installation of these structures, all owners are also required to obtain a Pima County Building permit. Pima County will then inspect all projects for structural integrity. The ARC review of patios will insure that their locations are compliant with all setback requirements and that these surfaces will not create erosion concerns. 21. Fireplaces (Exterior) and Chimeneas ARC approval is required for exterior fireplaces that exceed the height of the yard wall or are visible from neighboring property, the street, or common area. 22. Barbeques and Grills Permanent barbeques and grills require ARC approval. 23. Bird Feeders and Birdhouses ARC approval is not required as long as the following conditions are met: a. Bird feeders, birdhouses, and other similar items may not be more than six (6) feet in height or placed directly on the ground. They may be placed in the rear or side of the property only and entirely within the lot lines. When the property owner is not in the residence or when such items are no longer in use, they shall be removed. b. Placement in common area is prohibited. c. A reasonable number of bird feeders are permitted in each yard. This will limit the potential of a nuisance to neighboring properties (spilled seed may attract rodents and snakes). Page 12 of 18

14 d. Be advised that the ARC shall, at its discretion, determine whether the number of bird feeders is excessive. 24. Flags and/or Wind Socks/Flagpoles a. The display of flags is not permitted on any lot in Tucson Estates No. Two except for items 1) through 5) as permitted by Arizona Revised Statutes section (A) and except for items 6 and 7 as permitted by the Association: 1. The American flag or an official or replica of a flag of the United States Army, Navy, Air Force, Marine Corps or Coast Guard by an association member on that member s lot if the American flag or military flag is displayed in a manner consistent with the Federal Flag Code (P.L ; 90 Stat. 810; 4 United States Code sections 4 through 10). 2. The POW/MIA flag 3. The Arizona state flag 4. An Arizona Indian nations flag 5. The Gadsden flag 6. The national flag of a recognized country 7. A sports flag may also be displayed up to 3 days before and one day after the sports event. b. As supported by Arizona Revised Statutes, section (B): 1. Maximum flag pole height shall be no more than the height of the rooftop of the owner s home. 2. One flagpole shall be permitted on a lot. 3. No more than three flags shall be displayed at one time. 4. Flag poles shall be installed within the setback limits. 5. Flags flown at night must comply with the Federal Flag Code and the lighting shall not be directed as to shine into adjacent properties or streets. To mitigate light pollution, flags shall be down lit. c. One windsock is permitted in a location not visible from the street. 25. Fountains / Water Features a. ARC approval is required for permanent fountains and water features if visible from the street, common area or neighboring property. b. Pumps must be screened from the street and neighbor(s) view and located to minimize noise transmission to adjacent properties. 26. Garage or Carport Additions, Conversions, and Modifications Construction of a carport or garage; conversion of a carport to a garage; or conversion of a garage to finished space to be used as an integral part of living area in any dwelling unit, is not permitted without the prior written approval of all plans and specifications by the ARC. 27. Tiles Decorative (Exterior) a. Ceramic tiles may be used on the inside of garden walls as long as they are not visible from the street, neighboring property, or common areas. b. Any other decorative tiling requires prior approval by the ARC. Page 13 of 18

15 28. Pools No above-ground pools shall be permitted except that above-ground spas or Jacuzzis may be permitted on lots with approval of the ARC. In addition the following guidelines apply: a. ARC approval is required for the installation of in-ground swimming pools and/or spas. b. Pools must meet setback requirements from the property lines to the pool and existing construction. c. Any removal or modification of existing walls, required by the construction of a pool or spa, must be approved in advance by the ARC. d. Owner shall be responsible for any and all damages to common area as a result of any pool or spa construction. e. Homeowners are to instruct contractors not to discharge excess cement, clean vehicles anywhere in the community, or display any advertising on property other than a small temporary sign. f. Drainage or emptying of the pool and/or spa, when completed, must be in compliance with municipal, county and state codes. g. It is the responsibility of the homeowner to ensure that necessary repairs or reconstruction of damaged common areas (ex., streets, loss of gravel, etc.), if any, is completed to the satisfaction of the Board of Directors. 30. Signage a. As per section 4.1 of the CC&R s, no signs, billboard, or advertisement of any kind, including, without limitation, those of realtors, contractors and subcontractors, shall be erected without the written consent of the Association, except as permitted by Arizona Revised Statute chapter 16 Section , and as amended from time to time: 1. The placement of one For Sale or For Rent sign, and a sign rider, on the lot. 2. The sign shall be industry standard size, which shall not exceed 18 x 24 inches, and the industry standard sign rider which shall not exceed 6 x 24 inches. 3. The placement of temporary Open House signs only between the hours of 8 a.m. and 6:00 p.m., and only on the day of the open house. 4. The indoor or outdoor display of one political sign on a lot that does not exceed a maximum aggregate surface area of nine square feet, and which shall be displayed no earlier than seventy-one (71) days before the day of the pertinent election and no later than three (3) days after the election. A political sign means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer. b. One (1) home security sign is permitted on a lot, which includes information related to the security service actually in use on the property. c. No owner shall place/display any sign on the common areas. 31. Play or Exercise Equipment Page 14 of 18

16 a. ARC approval is required for any equipment that is visible from the street, neighboring property or common area. b. Brightly colored canopies or roofs which are attached to the equipment will not be permitted. c. No permanent or temporary basketball hoops, hockey nets, sports equipment, trampolines, etc. shall be erected or constructed on the lot. 32. Trash Containers and Collection a. No rubbish or trash shall be kept on a lot except in appropriate trash containers. b. If the trash container is installed in-ground, it shall be installed in an approved location designated by the property owner and approved by the Architectural Committee. c. After being emptied, any trash container shall not be left out in open view overnight. It shall be returned to its out-of-sight location before the end of the day of trash pickup. 33. Utility Boxes Homeowners shall not paint any easement utility boxes located in the front yard. This is the responsibility of the utility provider. Any improvements must not hinder access by the utility provider. 34. Clothes Drying Apparatus a. Clothes drying apparatus shall be located in rear or side yards and appropriately concealed from view. b. No permanent clothes poles shall be erected. c. Retractable lines, portable units, or clothes drying racks may be used. d. The units shall not be placed in a front yard or in a common area. e. Clotheslines shall be as inconspicuous as possible i.e. minimum visibility. f. The clothes drying devices shall not be unsightly to neighbors. g. If a side yard is used, it is recommended that the placement of any clothes drying device be discussed with neighbors affected before installation. h. The clothes, along with the drying device, shall be taken down by the end of the day in which they are used. i. Clothes lines installed with the original construction of the home, shall be grandfathered an approval. 35. Water Treatment Systems Water treatment systems shall be enclosed or hidden from view in the same manner as air conditioners and other similar equipment as described in D.10. above. 36. Manufactured Home Skirting Skirting shall be installed on each manufactured home within 90 days of the installation of the home on the lot. Skirting material and installation methods are subject to prior approval of the ARC. Skirting is required between the bottom of the siding or lowest trim pieces and the ground. The Architectural Committee will consider skirting of brick, colored blocks or poured concrete. Metal skirting is not recommended. Products that are made of wood derivative products will not be approved. Page 15 of 18

17 37. Grass No natural turf (grass) shall be permitted on any portion of the front of the Property. The use of turf shall be limited to the rear yard areas only and is limited to no more than 10% of the landscape area. Requests for artificial turf must be approved by the ARC. 38. Exterior Security Bars Exterior security bars require ARC approval E. Limitations for Construction and Other Projects 1. Noise Limitations It shall not be allowed for any person to operate equipment, or perform any outside construction or repair work on buildings, structures or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device unless an appropriate permit has been obtained beforehand from the Architecture Committee. 2. Construction Start and Stop Times Construction start/stop times shall be consistent with Pima County Municipal Code chapter , as follows: a. Concrete Work: From April fifteenth to October fifteenth, concrete may be poured each day between the hours of 5:00 a.m. and 7:00 p.m. or at such other times as authorized by permit. From October sixteenth to April fourteenth, inclusive, concrete may be poured each day between the hours of 6:00 a.m. to 7:00 p.m. or at such time as authorized by permit. b. Other Type Construction: From April fifteenth to October fifteenth, inclusive, all other construction or repair work shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. each day or at such other times as authorized by permit. From October sixteenth to April fourteenth, inclusive, all other construction or repair work shall not begin prior to 7:00 a.m. and must be stopped by 7:00 p.m. or at such time as authorized by permit. c. Weekends and Holidays Excluded: Notwithstanding anything to the contrary herein, construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m., and concrete pouring shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. on any Saturday, Sunday or state or federal holiday, unless such other times are authorized by permit. 3. Permits Construction and repair work may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application, a permit is obtained beforehand from the Architecture Committee. In granting such permit, the Architecture Committee shall consider if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site and if proposed early morning or night work is in the general public interest. No permit shall be required to Page 16 of 18

18 perform emergency work which is necessary to protect the health, safety and welfare of persons or property. F. EXCEPTIONS Exceptions to these guidelines and requirements may be granted by the ARC, in certain types of cases set forth in these guidelines. Exceptions to timeline requirements for submitting an Architectural Review Form may also be granted on emergency projects. Any and all exceptions, deviations and variances granted by the ARC shall be in writing and obtained by the property owner prior to construction, set-up, or installation. The granting of an exception, deviation or variance from these guidelines in any one situation does NOT obligate the ARC to grant an exception, deviation or variance again in similar circumstances. If a property owner is not in compliance with the Architectural Guidelines as of the date of this revision, the ARC has the right to grant a grandfathered approval of the existing item or to impose a monetary penalty for failure to comply. This monetary penalty is imposed based on the guidelines found in the Enforcement Policy as found in the Foothills office or on the website at tefoothills.org. Page 17 of 18

19 INDEX Air conditioners D.10 Antennas D.12 Appeal process A.2 Appearance C. Application A., B.2 Approval process A.1 ARC request details B. Awnings D.16 Barbeques D.22 Bird feeders, house D.23 Carports D.26 Casitas D.15 Chimeneas B.1, D.21 Clothes drying D.34 Colors Completion B.3 Construction E. Construction hours E.2 Cooling equipment B.1 Common areas D.17 Decks D.20 Doors, screen, security D.16 Downspouts D.14 Drainage D.5 Driveways D.7 Elevated structures D.20 Evaporative coolers D.10 Exceptions F. Exercise equipment D.31 B.1, B.2.f,g, D.6 Exterior finishes D.2.b Exterior lighting, see Lighting Fees B.6 Fences B.1, D.9 Fireplaces B.1, D.21 Flag poles B.1 Flags D.24 Fountains D.25 Gates D.9 Garages D.26 Gazebos B.1, D.15 General Appearance C. Grading D.4 Grass D.37 Grills D.22 Heating equipment B.1 Height D.3 Home location D.1 Irrigation systems D.19 Landscaping D.18 Lighting B.1, D.8 Manufactured home A.6, D.1.d, D.2.a.2, D.36 Minimum size D.2 Neighboring property, visibility A.6 Noise limitations E.1 Painting or Repainting D.6 Patios B.1, D.20 Pergolas B.1, D.15 Permits E.3 Play equipment D.31 Pools D.29 Porches D.15 Rain gutters, harvesting D.14 Ramadas B.1, D.15 Roofing materials D.2.c Scuppers D.14 Security bars D.38 Security Doors D.16. Sheds B.1, D.15 Shutters D.16 Signage D.30 Site built home A.6, D.1.e, D.2.a.1 Solar panels D.11 Storage C.2 Tiles, decorative D.28 Timing approvals A.4 Trash containers D.32 Unapproved work B.4 Utility boxes D.33 Variances A.5 Views B.7 Waivers B.5 Walls B.1, D.9 Water features D.25 Water treatment systems D.35 Weather equipment D.13 Wind socks D.24 Window coverings D.16 Page 18 of 18