ARTICLE VIII - ARCHITECTURAL CONTROLS

A.        RIVER ROCK WEST RESIDENTIAL LOTS (single family residences, duplex townhomes & 4-plexes.)

Section 1.  Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Residence Requirements.  All single family dwellings shall have a minimum of 1,000 square feet of floor space together with at least a single-car attached or detached garage.  The 1,000 square feet must be at daylight level or above grade and is excluding basements, garages, carports, porches, etc.  All duplexes and townhouses and 4 plexes shall have a minimum of 900 square feet and at least a single car attached or detached garage for each unit.  It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than, other dwellings in the River Rock West area conform with the Uniform Building Code (UBC).   Applicable requirements of Gallatin County and the Montana Building Code shall also be met.  All plans must be approved by the Architectural Review Committee.  Plans shall include a scaled site plan at 1" = 20' scaled floor plans and elevations.  A list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3.  Landscape Plan.  Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owners first occupancy of the residence.  As part of the landscape plan the requirement for boulevard trees shall be as required.  Patmore Ash shall be planted 3' behind street edge sidewalk on 20' to 30' centers.  This shall include a minimum of two boulevard trees per lot.

Section 4.  Exterior Siding.  The exterior siding of the structure shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding.  However, no sheet or panel metal siding nor cement block siding is allowed.  No plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed.  Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.  The roofs shall have a minimum pitch of 4/12.  Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of 12 inches.

Section 6.  Foundation of Structures.  Within River Rock West, all foundations for residential units shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.  Exposed concrete shall be limited to a maximum of 12" from the bottom of siding to the finish grade.

Section 7.   Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.   Exterior Structures.   The exterior design, style and colors of each of the outbuilding and structures on a Lot shall conform to the design, style and colors of the residence.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches.  The building should be a visual combination of forms that does not give a Abox@ appearance.  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9.   Entrances.  The main entrance to the living structures shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.

Section 10.   Architectural Enhancement.   Any River Rock West residential structure constructed shall contain an offset or setback in its architectural design and construction of a minimum of 2 feet between the residence and attached garage or, in the alternative, a 2 foot offset or setback of at least 30% of the total linear distance of the front facade of the residence or other consideration approved by the Architectural Review Committee.

Section 11.  Zoning Regulations.  The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Single-family and duplex townhome residential structures shall conform to the R-2 Single Family Zoning Regulations with height limitation of 24' and 4 plex structures shall conform to the RTH Zoning Regulations with height limitations of 32'. 

Section 12.  Accessory Buildings.   All necessary buildings, such as garages and storage buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13.  Fencing.    Backyards and side yards may be fenced with wood or materials that look like wood.  The front yard toward the public road shall not be fenced.  No chain link or wire fences shall be allowed.  Fences shall be maintained in good condition.  Fences cannot be higher than six feet.

Section 14.  Antennas and Satellite Dishes.  Except as otherwise approved, no resident shall have visible from the public street right-of-way any antennae or satellite dish.  In no case shall a satellite dish exceed 20" in diameter.

Section 15.  Dog Kennels.   No dog kennels, fenced dogs or chained dogs are allowed on the 4 plex lots (RTH).  Dog kennels with concrete floors are allowed for single family and duplex townhomes provided they do not exceed 10 feet by 20 feet in size and are located in the rear yards and screened or fenced from  the neighbors view.  Such kennels are to be kept in a clean and odor free condition at all times.

Section 16.   Street Lighting.   Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed by the Owner where the driveway intersects the front property line.  On duplex/townhouse lots or 4 plex lots only one light shall be permitted per unit.  The lights shall be placed where the driveway intersects the front property line on the inside edge of the driveway.  The light must be activated by photocell for nighttime operation.  The Owner shall be required to provide power and maintenance for the light.

Section 17.   Amsterdam Highway/Royal Road Required Landscape Buffer.  (Exhibit IV)  A rear yard or side yard landscape buffer of 10' is required on all R2 & RTH lots adjacent to Amsterdam Highway and Royal Road.  This 10' buffer will be an easement to the River Rock Property Owners Association and constructed and administered by the Association.  Individual lot owners are not to interfere with the fencing or buffer planting.  This buffer and fencing is required in the River Rock Zoning Ordinance.

Section 18.  River Rock West Traditional Lots.  In addition to all other provisions  in Article VIII.A. Sections 1 through 17, all homes constructed in the area labeled as River Rock West Traditional Lots on the March 2002 River Rock Area Plan shall also conform to the following design criteria: 

B.         RIVER ROCK WEST APARTMENTS (Multi Family Units as Allowed)

Section 1.    Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Dwelling Unit Requirements.   All apartment dwellings shall have a minimum of 450 square feet of floor space per unit and are not required to have garages.  The 450 square feet must be at or above grade and is excluding porches, etc.  It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock West area, conform with the Uniform Building Code (UBC).  Applicable requirements of Gallatin County and the Montana Building Code shall be met..  All plans must be approved by the Architectural Review Committee.  Plans shall include a scaled site plan at 1"=50' showing access, drives, parking, buildings, and other site elements.  Scaled floor plans and elevations prepared by an architect licensed in the State of Montana are required and a list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3.  Landscape Plan.  Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owners first occupancy of the residence.  As part of the landscape plan the requirement for boulevard trees shall be as required.  Patmore Ash shall be planted 3' behind street edge sidewalk on 20' to 30' centers.

Section 4.  Exterior Siding.  The exterior siding of the structures shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding.  However, no sheet or panel metal siding nor cement block siding is allowed.  No plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed.  Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.  The roofs shall have a minimum pitch of 4/12.  Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of 12 inches.

Section 6.  Foundation of Apartments.  All foundations for Apartment units shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.    Exposed concrete shall be limited to a maximum of 12" from the bottom of siding to the finish grade.

Section 7.   Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.  Exterior of Structures.   The exterior design style and colors of each of the outbuildings, garages, carports, etc. within the Apartment lot shall conform to the design, style and colors of the residence.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches.  The building should be a visual combination of forms that does not give a box appearance.  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9.   Entrances.  The main entrance to the living structures shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.

Section 10.  Architectural Enhancements.   Apartment structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11.  Zoning Regulations.  The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Apartment structures shall conform to the APT - Apartment (APT) Zoning Regulations with height limited to 36'.

Section 12.  Accessory Buildings.   All necessary buildings, such as garages and storage buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13.  Fencing.  Privacy fencing contiguous to Apartment dwelling units are limited to fencing types compatible with the architectural character of the buildings and is limited to 6' high.  Fences shall be approved by the Architectural Committee.

Section 14.  Antennas and Satellite Dishes. Antennas or satellite dishes are allowed in the Apartment APT area so long as they are not visible from the public street right-of-way.

Section 15.  Dog Kennels.  No dog kennels, fenced dogs or chained dogs are allowed on the Apartment (APT) lots.

Section 16.  Street Lighting.  Area lighting, drive lighting, and street lighting is to be of a pedestrian scale with fixtures compatible with the architectural character of the structures and approved by the Architectural Committee.

C.        RIVER ROCK WEST STORAGE FACILITIES/GARAGES

Section 1.  Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Layout Requirements.  All storage structures and storage compound areas are to be arranged to accommodate reasonable access and egress with gravel drives.  It is the intention of this Covenant to insure that all storage facilities shall be of a quality workmanship and materials.  Applicable requirements of Gallatin County and the Montana Building Code shall also be met.   All plans must be approved by the Architectural Review Committee.  Plans shall include a scaled site plan at 1"=50', scaled floor plans and elevations.  A list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3.  Landscape Plan.  Landscape plans shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within 12 months after building completion.  As part of the landscape plan, the Perimeter Landscape Buffer required in the Zoning Regulation must be accomplished.

Section 4.  Exterior Siding.  The exterior siding of the storage structures shall consist of wood, wood look-alikes, wood products, or other high quality manufactured exterior materials. No plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofing materials of the storage structures shall consist of high quality manufactured roofing materials but no rolled roofing or galvanized materials are allowed.  Rain gutters are allowed, provided the same are colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.

Section 6.  Concrete Slab.  All storage structures are to include a concrete slab floor.  Asphalt or gravel or earthen flooring is not allowed.

Section 7.     Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.  Zoning Regulations.  The height of the structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Storage Facilities/Garage structures shall conform to the Storage Facility/Garages (STG) Zoning Regulations with height limited to 20'.

Section 9.  Fencing.  Required screen fencing shall be a 6' high, cedar slat fence as per Zoning Regulation and approved by the Architectural Committee.

D.        RIVER ROCK VILLAGE - COMMERCIAL

Section 1.    Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Layout/Design Requirements.   All plans must be harmonious with the overall plan for the development.  All plans, materials and specifications must be suitable to the site, adjacent properties and the neighborhood. All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values and conform with the Uniform Building Code (UBC).  Applicable requirements of Gallatin County and the Montana Building Code shall also be met.  All plans must be approved by the Architectural Review Committee and all commercial structures are to be designed by an architect licensed in the State of Montana.  The following design submittal is required:

a) Site plans including landscaping, driveways, walks and decks.  (Scale: 1/8" = 1'-0" or similar engineering scale

b) Complete construction drawings - Two (2) sets shall be submitted to the Committee for approval.  Each set shall include floor plans, exterior elevations of all sides, roof design, specifications and any construction details.  (scale 1/4"=1'-0")

c) Samples of all exterior materials with their respective color proposals in an adequate size to evaluate properly.  The time allowed for review of the plans will be no longer than 15 days from the time all design submittal requirements are received by the Committee.  The time for plan review shall be adjusted accordingly if plans are submitted during any holidays.  Approval of plan submittal shall require a majority by the Committee.

d) A review fee will be required at the time of submission of all the design submittal documents and materials.  The Owner shall submit the required design review fee to the Committee.  The purpose of the design review fee shall be to defray the Associations=s cost of review of all proposed site plans and specifications submitted to them.  The fee, which shall be set by the Directors from time-to-time shall initially be $50.00.

There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

It is the intention of this Covenant to insure that all commercial structures shall be of a quality workmanship and materials substantially the same as, or better than other commercial structures in the development. 

Section 3.  Landscape Plan.    Landscape plans shall be submitted to the Architectural Review Committee for their approval and he landscaping shall be completed within 12 months after building completion.  As part of the landscape plan, the Perimeter Landscape Buffer required in the Zoning Regulation must be accomplished.

Section 4.    Exterior Siding.  The exterior siding of the storage structures shall consist of wood, wood look-alikes, wood products, or other high quality manufactured exterior materials.  No  plywood sheet siding is allowed.

Section 5.    Roofs of Structures.  The roofing materials of the storage structures shall consist of high quality manufactured roofing materials but no rolled roofing or galvanized materials are allowed.  Rain gutters are allowed, provided the same are colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.

Section 6.  Foundation of Commercial Buildings.  All foundations for Commercial Buildings shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.

Section 7.  Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.  Exterior of Structures.  The exterior design, style and colors of outbuildings within the Commercial lots shall conform to the design, style and colors of the building.    Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches.  The building should be a visual combination of forms that does not give a Abox@ appearance.  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9.  Entrances.  The main entrances to the Commercial buildings shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.

Section 10.  Architectural Enhancement.  Commercial structures and accessory buildings  shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11.  Zoning Regulations.  The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Commercial structures shall conform to the B3-Commercial Zoning Regulations with height limited to 42'.

Section 12.  Fencing.  Fenced areas contiguous to commercial buildings are limited to fencing types compatible with the architectural character of the buildings an is limited to 6' high.

Section 13.  Antennas & Satellite Dishes.  Antennas or satellite dishes are allowed in the Commercial (B3) area. so long as they are not visible from neighboring properties.

Section 14.  Dog Kennels.  No dog kennels, fenced dogs or chained dogs are allowed on the Commercial (B3) lots.

Section 15.  Street Lighting.  Area lighting, drive lighting, and street lighting is to be of a pedestrian scale with fixtures compatible with the architectural character of the structures and shall be approved by the Architectural Committee.

E.         RIVER ROCK EAST RESIDENTIAL LOTS (single family residential)

Section 1.  Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Residence Requirements.  All single family dwellings shall have a minimum of 900 square feet of floor space together with at least a single car attached or detached garage.  The 900 square feet must be at or above grade and is excluding basements, garages, carports, porches, etc.  It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock East area, and conform with Housing Urban Development HUD codes.  All plans must be approved by the Architectural Review Committee.  Plans shall include a scaled site plan at 1"=20', scaled floor plans and elevations for all structures.  A list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3.    Landscape Plan.  Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owners first occupancy of the residence.  As part of the landscape plan the requirement for boulevard trees shall be as required.  Patmore Ash shall be planted 3' behind street edge sidewalk on 20' to 30' centers.

Section 4.  Exterior Siding.  The exterior siding of the structure shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding.  However, no sheet or panel metal siding nor cement block siding is allowed.  No plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed.  Steel galvanized gutters are not allowed.  The roofs shall have a minimum pitch of 3/12.  Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of 10 inches.No bright colored roofs will be allowed.

Section 6.  Foundation of Structures.  Within River Rock East all foundation for residential units shall be on permanent mortared-block or concrete foundations or other HUD approved foundations acceptable to Gallatin County.

Section 7.   Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.   Exterior of Structures.   The exterior design, style and colors of each of the outbuilding and structures on a Lot shall conform to the design, style and colors of the residence.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches.  The building should be a visual combination of forms that does not give a Abox@ appearance.  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9.   Entrances.  The main entrance to the living structures shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.

Section 10.  Zoning Regulations.  The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Single family structures shall conform to R-2 Single Family Zoning Regulations with height limitations of 24'.

Section 11.    Accessory Buildings.   All accessory buildings, such as garages and storage buildings, shall be architecturally compatible with the residence on or being constructed on the Lot and are subject to Architectural Review Committee approval.

Section 14.  Fencing.    Backyards and side yards may be fenced with wood or materials that look like wood.  The front yard toward the public road shall not be fenced.  No chain link or wire fences shall be allowed.  Fences shall be maintained in good condition.  Fences cannot be higher than six feet.  All fencing shall be approved by the Architectural Review Committee.

Section 15.  Antennas and Satellite Dishes. Except as otherwise approved, no resident shall have visible from the public street right-of-way any antennae or satellite dish.  In no case shall a satellite dish exceed 20" in diameter.

Section 16.  Dog Kennels.   Dog kennels with concrete floors are allowed for single family and duplex townhomes provided they do not exceed 10 feet by 20 feet in size and are located in the rear yards and screened or fenced from  the neighbor=s view.  Such kennels are to be kept in a clean and odor free condition at all times.

Section 17.   Street Lighting.   Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed by the Owner where the driveway intersects the front property line. The lights shall be placed to the left side where the driveway intersects the front property line on the inside edge of the driveway.  The light must be activated by photocell for nighttime operation.  The Owner shall be required to provide power and maintenance for the light.

Section 18.   Amsterdam Highway/Royal Road Required Landscape Buffer. (Exhibit IV) A rear yard landscape buffer of 10' is required on all R2 lots adjacent to Amsterdam Highway.  This 10' buffer will be an easement to the River Rock Property Owners Association and constructed and administered by the Association.  Individual lot owners are not to interfere with the fencing or buffer planting.  This buffer and fencing is required in the River Rock Zoning Ordinance.  Fence/Buffer Detail - Exhibit IV.

F.         RIVER ROCK NORTH RESIDENTIAL - MANUFACTURED HOMES ON RENTAL SPACES

Section 1.  Temporary Residential Structures Forbidden.  No residential structure of a temporary character, basement, tent, shack, or any other residential outbuilding shall be used on any site at any time as a residence temporarily.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.   Minimum Residence Requirements.  All single-family dwellings in River Rock North shall have a minimum of nine hundred (900) square feet of floor space together with at least two off-street  parking spaces.   The nine hundred (900) square feet must be at or above grade and is excluding basements, garages, carports, porches, etc.  It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock North area, and conform with Housing Urban Development (HUD) codes.  All plans must be approved by the Architectural Review Committee.  Plans shall include a scaled site plan at 1"=20', scaled floor plans and elevations.  A list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to the Architectural Review Committee approved final plans.

Section 3.  Orientation of Home on Lot.  All homes placed in River Rock Northshall be end-loaded, meaning the longest side of the home must be placed parallel to the longest side lot line.

Section 4.  Age Requirement of Homes.  No home placed in River Rock North may  exceed five (5) years in age from the time of original placement.  Determination of age shall be confirmed by the serial number placed on the home by the factory.

Section 5.  Garage/Storage Requirements.  All homes placed in River Rock North  shall have either a single attached or detached garage or an 8'x8' storage shed.  The garages and the storage sheds shall be of a design approved by the Architectural Review Committee and shall be placed or constructed in accordance with an approved Gallatin County Land Use Permit.  Attached carports providing a covered entry walk may also be constructed on the lots.  Construction of a carport does not negate the need for a storage shed.  Carports must also be approved by the Architectural Review Committee.

Section 6.  Landscape Plan.  Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owners first occupancy of the residence.  As part of the landscape plan, boulevard trees shall be as required.  Patmore Ash shall be planted four feet (4') behind street edge sidewalk as shown on the attached ARiver Rock North street tree planting detail.

Section 7.  Exterior Siding.  The exterior siding of the structure shall consist of  wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding.  However, no sheet or panel metal siding nor cement block siding is allowed.  No plywood sheet siding is allowed.

Section 8.  Roofs of Structures.  The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed.  Steel galvanized gutters are not allowed.  The roofs shall have a minimum pitch of 3/12.  Further, all multiple unit structures shall be constructed so that the roof overhang and gable end are a minimum of eight inches (8").No bright colored roofs will be allowed.

Section 9.  Foundation of Structures.  Within River Rock North all foundation  blocking and skirting and tie downs  for residential units shall be, at a minimum of HUD approved standards and be installed according to the blocking detail of record in the River Rock Zoning Regulation, acceptable to Gallatin County and completed within thirty (30) days.  All skirting shall be approved by the Architectural Review Committee.

Section 10.  Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 11.  Exterior Structures.   The exterior design, style and colors of each exterior structure on a site shall conform to the design, style and colors of the residence.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least four inches (4").  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 12.  Entrances.  The main entrance to the multi section living structures shall be  located underneath a dormer denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.

Section 13.  Zoning Regulations.  The height of structures erected within the  confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Single family structures shall conform to RMH Zoning Regulations with height limitations of twenty-four feet (24').

Section 14.    Accessory Buildings.   All accessory buildings, such as carports and storage buildings, shall be architecturally compatible with the residence on or being constructed on the site.

Section 15.  Fencing.  Yards may be fenced according to the attached fencing detail only.  The fence must be constructed in strict compliance with the detail and may not exceed four feet (4') in height and must be painted or stained white or shades thereof.   The fence may not be constructed beyond a point ten feet (10') from the front of the home on the back door side of the home and may not be constructed beyond the rear of the front door.

Section 16.  Antennas and Satellite Dishes. Except as otherwise approved, no resident shall have visible from the public street right-of-way any antennae or satellite dish.  In no case shall a satellite dish exceed 20" in diameter.

Section 17.  Dog Kennels.   All dog kennels must be located directly behind the home on a concrete pad no larger than 10' H 10' and must be kept free from odors.

Section 18.   Street Lighting.   Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed by the Owner where the driveway intersects the street sidewalk toward the middle of the lot.  The light must be activated by photocell for nighttime operation.  The Owner shall be required to provide power and maintenance for the light.

Section 19.  North Edge Buffer Fence.  A rear yard six foot (6') high cedar slat  buffer fence is required on all RMH spaces adjacent to the north property line.  This fence will be constructed on the property line and maintained by the Association.  Individual lot owners or tenants are not to interfere with the fencing.

Section 20.  River Rock North Community Guidelines.  River Rock North will  include rental spaces for manufactured homes and will include rules and regulations specific to River Rock North.  Said Community Guidelines  are subject to change and refinement from time to time by the Declarant or Owner of River Rock North.

Section 21.  Removal of All Hitches.  All transport hitches, axles, wheels and running gear are to be removed prior to occupancy.

G.            SCHOOL/PARKS/FIRE DISTRICT (PLI)

Section 1.  Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence temporarily.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Layout/Design Requirements.  All plans must be harmonious with the overall plan for development.  All plans, materials, and specifications must be suitable to the site, adjacent properties and neighborhood.  All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values.  Applicable requirements of Gallatin County and the Montana Building Code shall be met.  All plans must be approved by the Architectural Review Committee.

There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building and landscaping must conform to both the final approved plans by the Committee.

It is the intention of this Covenant to insure that all structures and facilities shall be of quality workmanship and materials.

Section 3.  Landscape Plan.  Landscape plans shall be submitted to the Architectural Review  Committee for their approval and the landscaping shall be completed within 12 months after building completion.

Section 4.  Exterior Siding.  The exterior siding of the storage structures shall consist of wood, wood look-alikes, wood products, or other high quality manufactured exterior materials.  No  plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofing materials of the storage structures shall consist of high quality manufactured roofing materials but no rolled roofing or galvanized materials are allowed.  Rain gutters are allowed, provided the same are colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.

Section 6.  Foundation of  Buildings.  All foundations for Buildings shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.

Section 7.  Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.  Exterior Structures.  The exterior design, style and colors of outbuildings shall conform to the design, style and colors of the building.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches.  The building should be a visual combination of forms that does not give a Abox@ appearance.  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9.  Entrances.  The main entrances to the buildings shall be architecturally defined and enhanced by incorporating an entry porch or gable extending over the entrance denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.

Section 10.  Architectural Enhancement.  Structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11.  Zoning Regulations.  The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  Commercial structures shall conform to the PLI Zoning Regulations.

Section 12.  Fencing.  Fenced areas contiguous to commercial buildings are limited to fencing types compatible with the architectural character of the buildings and is limited to 6' high.  All fencing shall be approved by the Architectural Committee.

Section 13.  Antennas & Satellite Dishes.  No visible antennas or satellite dishes are allowed in the Commercial (B3) area.

Section 14.  Dog Kennels.  No dog kennels, fenced dogs or chained dogs are allowed within the PLI.

Section 15.  Street Lighting.  Area lighting, drive lighting, and street lighting is to be of a pedestrian scale with fixtures compatible with the architectural character of the structures.  Fixtures shall be prescribed by or approved by the Architectural Committee.

H.        RIVER ROCK TRADITIONS

The criteria outlined below will be of paramount importance in the review and approval process of house plans by the Architectural Control Committee.  These architectural themes are the foundation for the design of homes in the Traditions neighborhood.

Architectural Themes

The theming outlined above is not intended to inhibit creative architectural solutions, but is specifically intended to create an inviting pedestrian scaled street scape.

Section 1.  Temporary Residential Structures Forbidden.  No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Residence Requirements.  All single family dwellings shall have a minimum of one thousand (1,000) square feet of floor space together with at least a single-car attached or detached garage.  The one thousand (1,000) square feet must be at daylight level or above grade and is excluding basements, garages, carports, porches, etc. The main portion of the house shall be a minimum of twenty feet (20=) wide. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than, other dwellings in the River Rock Traditions area and conform to the Uniform Building Code (UBC).   Applicable requirements of Gallatin County and the Montana Building Code shall also be met.  The Architectural Review Committee must approve all plans.  Plans shall include a scaled site plan at 1" = 20' scaled floor plans and elevations.  A list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3.  Landscape Plan.  Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owner=s first occupancy of the residence.  As part of the landscape plan boulevard trees shall be required.  Patmore Ash shall be planted as shown on the ATraditions sidewalk and street tree detail.@  This shall include a minimum of two boulevard trees per lot. 

Section 4.  Exterior Siding.  The exterior siding of the structure shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding.  However, no sheet or panel metal siding nor cement block siding is allowed.  No plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofs shall be covered with shakes; tiles or shingles and no rolled roofing shall be allowed.  Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.  The main roof shall have a minimum pitch of 8/12.  Further, all structures shall be constructed so that the roof overhang a minimum of twelve inches (12").  Hipped roofs are strongly discouraged.  Soffits shall be perpendicular to the building wall

Section 6.  Foundation of Structures.  Within River Rock Traditions, all foundations for residential units shall be constructed from masonry materials; foundations constructed from wood or other materials are expressly prohibited.  Exposed concrete shall be limited to a maximum of twelve inches (12") from the bottom of siding to the finish grade.

Section 7.  Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.  Exterior of Structures.   The exterior design, style and colors of each of the structures on a Lot shall conform to the design, style and colors of the residence.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least eight inches (8").  The building should be a visual combination of forms that does not give a box appearance.  Breaks in the rooflines and wall lines that add interest to the form and help define the design of the building are encouraged.  Wall opening widths shall be a maximum of their height. 

Section 9. Entrances.  The main entrance to the living structures shall be architecturally defined and enhanced by incorporating a covered entry porch of sixty-four (64) square feet minimum.  The porch shall denote a clear sense of arrival.  It shall provide weather protection, visual definition and be configured to be useable.  The porch decking and railing shall be constructed with wood. 

Section 10.   Home and Garage Siting.   All River Rock Traditions Lots have the following building setbacks from the property line: 

All lots that are adjacent to an alley way shall use the alley way for vehicular access to the garage.  The garage portion of the structure shall be a minimum of twenty (20=) from the asphalt edge of the alleyway from which vehicular access is being provided and a concrete or asphalt driveway shall be constructed for use as resident parking.

Lots that do not have access to an alley way and use the public street for vehicular access to the garage shall build the garage so that the front of the garage is a minimum of twelve feet (12=) behind the front of the home including covered porches.  A concrete or asphalt driveway shall be constructed for use as resident or guest parking.

Section 11.  Zoning Regulations.  The zoning shall control the height of structures erected within the confines of the real property, which is the subject of this Declaration, and other appurtenant regulations enacted by Gallatin County.  Single-family residential structures shall conform to the R-2 Single-Family Zoning Regulations with height limitation of twenty-four feet (24') measured from the ground to the mid-point of the main roof.

Section 12.  Accessory Buildings.  All necessary buildings, such as garages and storage buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13.  Fencing.    Backyards and side yards may be fenced with wood or materials that look like wood.  The front yard toward the public road shall not be fenced.  No chain link or wire fences shall be allowed.  Fences shall be maintained in good condition.  Fences cannot be higher than five feet.

Section 14.  Antennas and Satellite Dishes.  No resident shall have visible from other lots any antennae or satellite dish.  In no case shall a satellite dish exceed twenty-four inches (24") in diameter.

Section 15.  Dog Kennels.   Dog kennels with concrete floors are allowed for single family lots provided they do not exceed 10' x 20' in size and are located in the rear yards and screened or fenced from the neighbors view.  Such kennels are to be kept in a clean and odor free condition at all times.

Section 16.  Street Lighting.   Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed.  On all lots adjacent to an alley way the streetlight shall be placed where the entry walk intersects the front property.  On all lots not adjacent to an alleyway, the streetlight shall be placed where the driveway intersects the front property line towards the middle of the lot.  The light must be activated by photocell for nighttime operation.  The lot owner shall be required to provide power and maintenance for the light. 

Section 17.  Alleys.   All alleys will be eighteen feet (18=) wide, paved, and centered in a thirty foot (30=) right-of-way.  Lots adjacent to an alley shall not use the alleyway for parking of either resident vehicles or guest vehicles.  Parked vehicles must be kept either in the garage or on the driveway connection to the alleyway.  All guest parking shall be located on the public street.  No other trailers, tools, equipment, recreational vehicles, or any other obstruction shall be kept within the thirty foot (30=) alley right-of-way.  The entire thirty feet (30=) shall be kept free of all debris at all times so that emergency vehicles, snow removal, and solid waste disposal equipment has unobstructed access at all times.

Section 18.  Privacy Architecture.  It is strongly recommended that if a home is constructed on a lot whereby a side wall of the home is generally constructed up to the side lot line setback, all windows on that side wall shall have a bottom sillelevation that is a minimum of 5=6@ above the finished floor elevation.  The architectural review committee may approve other privacy mitigations if necessary. 

Section 19.  Entry Walks.  All lots adjacent to an alley way must provide a five foot (5=) concrete walk connecting the front entry porch to the street boulevard sidewalk.  All lots not adjacent to an alley way must provide a five foot (5=) concrete sidewalk connecting either the driveway or the street boulevard sidewalk to the front entry porch.

Section 20.  Sidewalks.  Notwithstanding Article V of the First Amended Declaration of Covenants, Conditions, and Restrictions recorded on Film 201, Pages 2292 and 2293, in the Gallatin County Clerk and Recorders Office, all street sidewalks in the area labeled as Traditions on the Community Area Map shall be constructed and located as shown on the Traditions Sidewalk and Street Tree Detail.  All other provisions of Article V shall remain in effect.

I. RIVER ROCK VILLAS

Section 1.  Temporary Residential Structures Forbidden.   No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.  All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2.  Minimum Dwelling Unit Requirements.   All condos and/or 4-plexes shall have a minimum of nine hundred (900) square feet of floor space and at least a single car attached or detached garage for each unit.  The nine hundred (900) square feet must be at or above grade (daylight basements are approved) and is excluding porches, etc.  It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock Villas area, and conform with the Uniform Building Code (UBC).  Applicable requirements of Gallatin County and the Montana Building Code shall be met..  All plans must be approved by the Architectural Review Committee.  Plans shall include a scaled site plan at 1"=50' showing access, drives, parking, buildings, and other site elements.  Scaled floor plans and elevations prepared by an architect licensed in the State of Montana are required and a list of exterior materials and colors shall also be submitted.  There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee.  All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3.  Landscape Plan.  Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owners first occupancy of the residence.  As part of the landscape plan the requirement for boulevard trees shall be as required.  Patmore Ash shall be planted three feet (3') behind street edge sidewalk on twenty foot (20') to thirty foot (30') centers.

Section 4.  Exterior Siding.  The exterior siding of the structures shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding.  However, no sheet or panel metal siding nor cement block siding is allowed.  No plywood sheet siding is allowed.

Section 5.  Roofs of Structures.  The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed.  Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof.  Steel galvanized gutters are not allowed.  The roofs shall have a minimum pitch of 4/12.  Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of twelve inches (12").

Section 6.   Foundation of Apartments.  All foundations for 4-plexes or condo units shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.    Exposed concrete shall be limited to a maximum of twelve inches (12") from the bottom of siding to the finish grade.

Section 7.   Colors of Structures.  The exterior colors of the structures shall be earth tones, pastels, white or wood colors.  No bright or shiny colors on exterior siding shall be allowed.  For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed.  Colors are to be compatible with the balance of the neighborhood.

Section 8.  Exterior of Structures.   The exterior design style and colors of each of the outbuildings, garages, carports, etc. within the 4-plexes or condo lot shall conform to the design, style and colors of the residence.  Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least four inches (4").  The building should be a visual combination of forms that does not give a box appearance.  Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9.  Entrances.  The main entrance to the living structures shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival.  It shall provide weather protection and visual definition.  A concrete walk shall be provided from the driveway to the main entrance.  A separate exterior entrance shall be provided to each unit.

Section 10.  Architectural Enhancements.   4-plexes or condo structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11.  Zoning Regulations.  The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County.  4-plexes or condo structures shall conform to the R-TH - Residential Town Home (R-TH) Zoning Regulations with height limited to thirty-two feet (32').

Section 12.  Accessory Buildings.   All necessary buildings, such as garages and storage buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13.  Fencing.  Back yards and side yards may be fenced with wood or materials that look like wood.  The front yard toward the public street shall not be fenced.  No chain-link or site fences are allowed.  Fences shall be maintained in good condition.  Fences cannot be higher than six (6') feet.

Section 14.  Antennas & Satellite Dishes.  Antennas or satellite dishes are allowed in the Apartment APT area so long as they are not visible from neighboring properties.

Section 15.  Dog Kennels.  No dog kennels, fenced dogs or chained dogs are allowed on the Apartment (APT) lots.

Section 16.  Street Lighting.  Upon construction of each 4-plex or condo structure, a light of design prescribed by the Architectural Review Committee shall be installed where the drive wall intersects the front property line.  The light must be activated by photo cell for night time operation.  The owner shall be required to provide power and maintenance for the light.

Section 17.  North Edge Butter Fence.  A rear yard six (6') foot high cedar slat butter fence is required on all R-TH lots adjacent to the north property line.  This fence will be constructed on the property line and maintained by the Association.  Individual lot owners or tenants are not to interfere with the fencing.

Previous Page   Next Page