No parcel or lot of the property shall be further subdivided.
The property or any parcel thereof, shall be used only for single family residential dwellings and no building, except as is otherwise herein set forth, shall be constructed on the property except single family dwellings. No apartments. No trailer parks. No convenience stores. No factories.
Only one single family dwelling may be constructed on each subdivided parcel of the Property. If it requires an extra well and/or septic system, it’s not a single family dwelling. This does not exclude guest cottages.
Each single family dwelling constructed on the property shall have a fully enclosed living area exclusive of carports, garages, unfinished basements or open porches of at least 1000 square feet. We are not enforcing this restriction.
No mobile home, trailer, basement house or shack shall be erected upon or placed upon any parcel. Modular homes are permitted provided that they are permanently affixed to a reinforced concrete foundation, have a gable style roof, have a permanently attached entry porch, and comply with the provisions of Paragraph 4 above. Travel trailers and campers are permitted for temporary camping if they remain mobile, that is licensed and movable, but you can’t live in them permanently. We encourage geodesic domes, post and beam, passive and active solar and new and innovative techniques that employ sound building practices for this climate.
Utility buildings, detached garages for housing vehicles owned by occupants of single family dwellings, greenhouses and barns may be constructed on the property.
No part of the property shall be used for what is commonly known as a “used car lot" or motor vehicle salvage yard or any other type of junk yard and no “junk" motor vehicles or inoperable motor vehicles shall be stored or parked on any part of the property unless enclosed in a building or garage. There are places for junk, we suppose, this just isn’t one of them.
No building, including livestock corrals, may be located within fifty feet of the property lines or 100 feet of the access road of any parcel of the property. Cherry Creek will never look like a suburban subdivision. Don’t crowd your boundaries and you and your neighbor will get along better.
No swine shall be kept on any part of the property. Yes, we know that they are naturally very clean animals, but as they are kept by most people requires larger acreage than this.
No noxious or offensive activity shall be carried on upon the property, nor shall anything be done on the property which may be or become an annoyance or nuisance to any property owner benefited by these restrictions; provided, however, that this restriction shall not prevent the pasturing of horses or cattle (or smaller animals) on the property so long as no feedlot is maintained. We’re trying to encourage rural and small-farm activities and eliminate stinky, illegal, dangerous things like fiberglass resin manufacturing, methamphetimine production and toxic wastes.
No commercial activities will be conducted on any part of the property; provided that offices for professional services not involving the sale of merchandise may be maintained in a single family dwelling and agricultural uses shall not be deemed commercial uses. Generally speaking, if it doesn’t require a parking lot or display advertising, or disrupt anyone else’s lifestyle, it’s okay with us.
No commercial breeding or boarding kennels for dogs or cats shall be constructed or permitted on any part of the property. The key word here is “commercial" but if you have enough dogs that constant barking can be heard hundreds of feet away, consider buying somewhere else. Frankly, I’m not sure why we mentioned cats.
Each single family dwelling constructed on any parcel of the property shall be equipped with a waste water treatment facility and soil absorption facility or a sanitary sewage lagoon which complies with all the rules and regulations of the Missouri Department of Natural Resources and the Phelps County Commission. Such facility and any drain fields and laterals used in connection therewith or such lagoon shall be located at least 50 feet from the nearest property line of any parcel of the Property, and effluent from such facility or lagoon shall be contained within the lot lines of the parcel. Evidence of certification of the property installation of the facility or lagoon by a registered professional engineer or representative of the Phelps county Health Department shall be provided upon request to the owner or owners of any land adjoining a parcel of the Property on which such facility or lagoon is located. You’ll need to provide septic tank or sewage lagoon that meets state standards, You have to obey Missouri State and Phelps County laws. Duh. Composting systems are permitted and encouraged.
If construction of a dwelling or construction of an outbuilding is started on the Property, the construction shall be carried on through to completion within one year from the beginning of construction. That’s completion of the exterior.
No signs shall be placed on any part of the Property except for signs not larger than two feet by two feet containing the name and address of the occupant of the parcel of the Property and/or the name of the profession of the occupant of the parcel. This restriction shall not apply to the usual “For Sale" signs where a parcel of property is being offered for sale. No 40-foot flashing neon.
No owner or possessor of any parcel of the property shall begin construction of any dwelling or any other building on the parcel of property until such owner or possessor has installed a driveway between the road servicing the parcel and the parcel with a culvert at least twenty feet in length and twelve inches in diameter and with a road surface composed of a two inch layer of one inch base rock twelve feet in width and for a distance of at least 100 feet into the parcel from the road servicing the parcel. Without a culvert, the water flows out of the ditches and onto the roadway, which softens and quickly ruins our access roads. Bad for everyone. As for the gravel, you’ll thank us for this when the spring rains come. This whole package should cost around $400-500 professionally installed. Do-it-yourself for around half that in materials.