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4.8 Construction. Approval from the Architectural Review Committee shall be effective <br />for a period of six (6) months. If construction has not begun «�ithin this six (6) month period, plans <br />and specifications must be resubmitted to the Architectural Re��iew Committee for approval. Once <br />construction has been started, it must be completed within one (1) year. An extension may be <br />obtained from the Architectural Review Committee, subject to Gounty requirements for the <br />completion of construction. <br />4.9 Variances. The Board of Directors may grant reasonable variances or adjustments <br />from any conditions and restrictions imposed by this Declaration in order to overcome practical <br />difficulties and unnecessary hardships arising by reason of the application of the conditions and <br />restrictions contained in this Declaration, with the approval of sixty-seven percent (67%) of the total <br />votes in the Club (1 vote per Lot). Failure to submit a vote, �vithin the time frame provided in the <br />notice, approving or disapproving a request for variance shall be considered as a vote approving the <br />variance. Such variances or adjustments shall be gc only when the granting thereof shall not <br />be materially detrimental or injurious to the other Lots or Common Area nor deviate substantially <br />from the general intent and purpose of this Declaration, as determined by the Board, in its sole <br />discretion. <br />ARTICLE 5 <br />REST�tICTIONS ON USE, ALIENATIOn' AND OCCUPANCY <br />The Board of llirectors shall be the proper party to interpret use restrictions contained in this <br />Declaration. <br />5.1 Residential Use. The Real Estate is hereby restricted to one residential dwelling for <br />residential use and uses related to the conve:.i�.nce and enjoymer.t of s�ch residentia] use. No other <br />structure shall be used for residential purposes. All buildings or structures erected upon the Real <br />Estate shall be of new construction and shall not be moved from other locations onto said premises. <br />No trailer, tent, RV, garage, or any structures of a temporary character shall be used on any portion <br />of a Lot at any time as a residence for more than two (2) weeks per year, unless otherwise approved <br />by the Board. No Lot within the Kenosha Trout Club shall be used for commercial purposes. <br />5.2 Lots to Be Maintained. All Lots shall be maintained in a clean and orderly <br />condition. All rubbish, trash or garbage shall be reDularly removed from Lots, and shall not be <br />allowed to accumulate thereon. No explosives nor volatile or incendiary maferials or devices shall <br />be stored on Lots. In the event that an Owner fails to maintain his or her Lot and the improvements <br />thereon in a manner satisfactory to the Board of Directors, the Club, after notice and the opportunity <br />for a hearing, shall have the right to enter upon any Lot for the purpose of repairing, maintaining and <br />restoring the Lot and the exterior of the improvements erected thereon. The cost of such exterior <br />maintenance shall be added to and become an Individual Assessment for that Lot. <br />5.3 Nuisances and Hazardous Activities. No nuisances, unsafe or hazardous activities <br />are permitted in the Community, including but not limited to, discharging firearms, emitting sounds <br />at unreasonably loud decibels, storing hazazdous materials in quantities greater than required for <br />W'.CLIENI1Kmosha Trout CIu�Declaraeion, Am & Res - Final.wpd <br />March 24, Z000 <br />9 <br />