1) All applications shall be reviewed and discussed then voted on for approval or denial by the members of the ACC. The majority vote of the committee shall rule. Though a reasonable variance from specific restrictions and regulations may be requested, a variance regarding color or design, variances in building materials and setback requirements and what may be allowed within the Visual Zone will be more stringently scrutinized and must demonstrate good cause to be considered for approval. (See Article 3.03) Note: even though variances in what may exist in the Visual Zone may be considered, the location and extent of the Visual Zone for an individual tract may not be altered from what is written in the Master Declaration.

2) If a member of the ACC submits an application (for improvements to their own tract) that member must recuse himself/herself from the discussion of and voting on that application.

3) All applications for a home, barn, outbuilding, pool, fencing, entrance, driveway, sign and the like should use the standard application that is provided on the website. Those applications shall be processed (either approved or denied) within 60 days of receipt.

Note: All approvals shall expire after one year. Construction to be completed within 18 months of the start date for a home and six months for all other improvements.

4) Any property owner seeking approval by the ACC for the construction of any building or residence must provide the ACC with a copy of any building permit application submitted to a governmental agency as well as a copy of the permit granted prior to breaking ground.

Following completion of construction for each set of plans and specifications approved by the ACC, a set of finished plans and specifications and the occupancy permit granted by the county shall be provided to the Architectural Control Committee. (See Article 3.02).

5) No application for improvements/construction on any tract shall be approved until an in person walk through by at least two members of the ACC has taken place. This is to ensure that no unauthorized tree removal occurs. The ACC along with the property owner will mark and discuss any and all trees targeted for removal. No live tree greater than 8 inches in circumference may be removed for any cause at any time without specific approval and permit granted by the ACC. See Article 3.04 (V) iv

6) All driveways, entrances and access points to tracts must be paved (asphalt or cement) for a minimum of the first 100 feet. Any access point or drive that is used so infrequently such that grass is growing across it need not be paved providing that dirt and debris does not spill out onto a roadway. Paving shall be required to be installed within 6 months of the completion of construction of a barn or residence. An additional 6 month extension may be granted in certain circumstances. For any existing driveways or access points currently out of compliance shall be given written notice for the violation and granted an initial 6 months to comply.

7) Applications for a simple tract split not involving the construction of any new roads must use the tract split application also found on the website. Any new tract on existing roads must be at least five acres in size and have at least 300 feet of road frontage. All applications for a simple tract split shall also be processed (approved or denied) within 60 days of receipt.

8) Applications for Re-Subdivision of an existing tract (see Article 8) must use the application for Re-Subdivision if any new roads are to be constructed. There is no time limit for processing a Re-Subdivision application due to its complexity.

9) Any construction including excavating, grading and tree removal without prior approval from the ACC shall be subject to legal action to be initiated by the Board and may result in fines and/or deconstruction and other amelioration techniques.

10) All approved applications shall be signed by at least three ACC members including the signature of the Board Representative and one signed copy shall be given to the tract owner for their records. One copy will be held by the ACC chairperson and one shall be given to the Board Secretary. All applications are to be kept in a file and passed along to the next year’s Board Secretary and ACC chairperson.

11) Signage restrictions for tracts undergoing improvements may have one small sign only at any given time at the roadside of the tract. Multiple contractor signs will not be allowed. The temporary contractor sign should be the size of a typical real estate for sale sign. Any tracts that are for sale may have one real estate type temporary for sale sign at the roadside. If a tract owner would like to install a sign within the Visual Zone for the specific tract he/she must apply for approval by the ACC. Signs may only be a maximum of three feet by four feet and a maximum height above grade of 54 inches. 

12) Other structures such as Mobile homes, trailers, modular units and construction site buildings shall be strictly prohibited within the Visual Zone and may only exist outside the Visual Zone by permit and approval by the ACC. Application for such a structure on a tract will be reviewed on a case by case basis with consideration given to such a structure’s relationship to the equestrian and farming nature of L’Esprit, its proximity to tract/property lines, it’s necessity (if any) to support equestrian and farming operations and any potential negative impact on the environment and the community as a whole. Any such structure granted approval should be of a design and character consistent to that which exists throughout L’Esprit. Conditions for each individual permit shall be determined and at the discretion of the ACC (See article 3.04 (iv).