The use of any Lot and the construction of any improvements thereon, shall be subject to the following requirements and restrictions.

7.1

Building Restrictions:

(a)

No building, structure, or improvement shall be constructed, created, altered or maintained on, nor shall any portion of the Property covered by this Declaration be used designed or intended to be used for any purpose other than a single family dwelling as permitted by local zoning laws, subject to the provisions as to Common Areas and Common Facilities and facilities used in common including schools and daycare centers, utility services and service facilities, unless approved by the Architectural Committee or Board of Directors.

(b)

Each Lot is restricted to a single family dwelling together with usual and appropriate structures, if any, approved by the Architectural Control Committee. Nothing contained in this Declaration shall be construed to prohibit the construction and use of a guest house in conjunction with and as an accessory to the single-family residence constructed on a Lot, provided that such guest house is approved by the Architectural Control Committee, to be used solely as part of the single-family dwelling by a guest, a family member or household employee and not for commercial purposes as a separate unit, and is in conformity with applicable zoning ordinances.

(c)

The occupancy of a single family dwelling shall be limited to persons related by blood, adoption or marriage, or to other persons living together as a single household no more than two of whom are unrelated to any other occupant.

(d)

The size, configuration, style and finish of each proposed building or structure on each Lot shall be subject to architectural and aesthetic control pursuant to Section 7.16 of this Article VII and pursuant to Article X hereof. Said Property shall be used in such manner as to be inoffensive to any other property Owners in this Project.

(e)

Water and sewer hookup fees as well as charges for such utility services and for delivery of irrigation water by the Nampa & Meridian Irrigation District ( the "District") shall be the responsibility of the Lot Owner. Owner shall submit to inspection upon connection to the Boise City public sewer system and to the District irrigation system and shall pay monthly sewer and sprinkler charges following connection. This shall constitute a covenant running with the land, and the City of Boise and the Nampa & Meridian Irrigation District are hereby authorized and empowered to bring actions against the Owner for the collection of the charges imposed by each of them respectively and enforcement of the conditions stated herein.

(f)

Pepper Hills is not situated in an Airport Influence Area, but Declarant suggest that dwellings be constructed with soundproofing to provide a noise level reduction of at least 25 dB or as otherwise may be required from time to time by Ada County ordinances.

(g)

All Lots in Pepper Hills are located within the area of impact of the City of Boise and, as such, are subject the Solar Access Standards (Boise City Code 9-20-7.9), as amended from time to time. Standards in effect at the date of recording this Declaration are set forth in Articles XIV through XVI hereof.

7.2

Minimum Building Size: The dwelling on each Lot shall satisfy the minimum floor area requirement of the Architectural Control Committee, provided, however, that in no event, absent exceptional circumstances deemed worthy by the Architectural Control Committee, shall the required floor area be less than the following number of square feet exclusive of garages, patios, breezeways, porches and similar attached or unattached structures, applicable to a dwelling of one story or more than one story in height:

Minimum Floor Area (in square feet) For:
One Story dwelling	1400
Two Story dwelling	1500

7.3

Maximum Building Height: On a Corner Lot no structure which exceeds One story in height shall be erected unless approved in writing by the Architectural control Committee. "Corner Lot" for purpose. of this Declaration means any Lot two sides of which are contiguous to dedicated street or dedicated street and a common Lot. On any other Lot no dwelling shall be more than two stories or 35 feet in height No other structure on a Lot shall be more than six (6) feet in height unless approved in writing by the Architectural Control Committee. A basement or daylight basement shall not be counted as a story in determining compliance with this section.

7.4

Building Location: No building, structure, or grade, other than approved fencing, shall be constructed, used, maintained or made on any Lot closer to any exterior line (front, rear or side) of the same Lot than is permitted by the Architectural Control Committee, provided that the setbacks allowed by the committee shall not be less than required by zoning ordinances applicable to the Lot at the time a building permit is issued. At the time this Declaration was recorded, Ada County ordinances required minimum setbacks of 20 feet for the front yard and street side yard, 15 feet for the r ear yard, and 5 feet per story for other side yards. (Note: See Building Set Back and Easement on face of Flat). If the Property is annexed to the City of Boise in the future, its zoning ordinances will govern the minimum setbacks, but required setbacks for a particular Lot shall be determined by the Architectural Control Committee.

For the purpose of this section, eaves, steps, chimneys and gutters shall not be considered as part of the building; provided, however, that this shall not be construed to permit any eaves, steps, chimneys or gutters or any portion of the building on any Lot to encroach upon any other Lot. Open porches shall not be considered as a part of the building for purposes of this section, but any open porch shall, prior to construction, require the approval of the Architectural Control Committee.

7.5

Building Site; Subdivision: A building site shall consist of at least one (1) Lot, or a parcel composed of more than one Lot. No Lot shall be further subdivided after the initial transfer thereof by Declarant. No parcel composed of more than one Lot conveyed for the purpose of constructing a single family dwelling thereon, shall be subdivided or conveyed other than as a single indivisible parcel unless title thereto reverts to Declarant.

7.6

Architectural (Laminated) 30 year shingles or better are required. Brick, Stucco, or, Rock accents shall be required on building fronts. The purpose of this section is to protect the value of the homes in the subdivision. At the sole discretion of the Architectural Control Committee, this section can be modified.

7.7

Fences; hedges: No fence, hedge or boundary wall situated anywhere upon any Lot shall have a height greater than six (6) feet, or such other lesser height as the Architectural Control Committee may specify, above the finished graded surface of the ground upon which such fence, hedge or wall is situated. No fence shall be constructed of any material other than wood nor finished in other than a natural finish, except as may be specifically approved by the Architectural Control Committee. No fence shall be constructed so as to extend toward the front of the Lot past the front plane of the dwelling structure constructed thereon or toward the side of a Corner Lot past the front plane of the dwelling constructed on an adjoining Lot. Where a dwelling has not been constructed on the adjoining Lot, no fence shall be constructed closer than ten (10) feet to any side Lot line, with the wood side of the fence facing out that is adjacent to a dedicated street on a Corner Lot. No fence, wall, hedge, tree or shrub planting with an elevation above three (3) feet shall be permitted in front of the front yard setback requirements without special written consent of the Architectural Control Committee. No fence, wall, hedge, tree or shrub planting which obstructs sight lines at an elevation between four (4) and eight (8) feet above the roadways shall be placed or permitted to remain on any Corner Lot within the triangular area formed by the street property lines and a line connecting, them at points twenty-five (25) feet from the intersection of the street lines, or, in the case of a rounded property corner, from the intersection of the street property lines within ten (10) feet from the intersection of a street property line with the edge of a driveway. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

7.8

Construction: No building or structures shall be moved onto any Lot. During the course of construction no trailer houses or similar mobile units designed for overnight accommodations shall be parked in any street or within building setback lines. No trailer, basement, tent, shack, garage, barn or other unattached structure created on a Lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be created or maintained on a Lot prior to the construction of the dwelling home thereon, except that a garage or other small building of permanent construction may be created with the approval of the Architectural Control Committee for the purpose of storing tools and other articles during the construction of the permanent dwelling. Notwithstanding the foregoing, a portable construction office may be placed upon a Lot during the period in which construction of a dwelling unit thereon is in progress, provided that such office may not remain or be kept upon such Lot for more than six (6) months unless renewed with the approval of the Architectural Control Committee. A temporary sales office of a portable nature also may be placed upon any Lot by Declarant or its authorized agents, to facilitate Lot sales.

(a)

The construction of the dwelling and associated structure shall be prosecuted diligently and continuously from the time of commencement thereof until such dwelling and associated structures are fully completed and painted.

(b)

No excavation for stone, sand, gravel, earth, water or minerals shall be made upon a Lot unless and only to the extent such excavation is necessary in connection with the construction of an approved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any Lot or tract in said Property and may be transmitted only by the irrigation and drainage system installed by Declarant and operated and maintained by the Nampa & Meridian Irrigation District

7.9

Mining and Drilling: No derrick or other structure designed for use in boring or drilling for water, oil, natural gas or other products shall be erected, placed, permitted or maintained upon any portion of the Property, nor shall any water, oil natural gas, petroleum, asphalt or other hydrocarbon product or substance be produced or extracted by or from any well upon, in or under said Property. No oil drilling, oil development operations, oil refining, mining quarrying or other mineral excavation or similar activity shall be permitted on or under any part of the Property, nor shall oil wells, tanks, tunnels, mineral excavations, shafts or drifts be permitted upon or in any Lot.

7.10

Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, domestic cats or other household pets may be kept for an Owner's personal use, provided:

(a)

such animals are not bred or maintained for any commercial purpose;

(b)

dogs and cats shall be limited to those allowed by the City and County Ordinances

(c)

any such household pets shall be properly restrained and controlled at any time they are within the Project. It shall be the obligation of an Owner to control his animals in accordance with the Rules and Regulation from time to time adopted by the Association.

(d)

any kennel for animals which is constructed or maintained on any Lot, shall be (1) screened from view so as not to be visible from anywhere within or adjacent to the Project from the Common Area of adjacent Lots and in a location and of construction approved by the Architectural Control Committee; (2) located and maintained in a manner to avoid any endangerment of or nuisance to, adjacent Lot Owners; and (3) maintained in a clean, odor free and insect free manner.

(e)

"Household Pets" as permitted hereby shall not include livestock, poultry, swine, waterfowl, reptiles, amphibians or rodents (except hamsters and gerbils).

(f)

Notwithstanding the foregoing, household pets shall not be kept which unreasonable bother or constitute a nuisance to Owners of other Lots.

7.11

Landscaping: Prior to the beginning of construction of the dwelling upon any Lot, the Owner shall submit a landscaping plan to the Architectural Control Committee for approval.

(a)

Within 30 days following initial occupancy of the dwelling structure each Lot shall be improved with the landscaping, including sprinkler systems, specified in the plan approved by the Architectural Control Committee, provided, however, that if placement and planting of landscaping is made impractical by inclement weather during the months of November, December, January, February or March, completion of landscaping may be deferred a reasonable period of time in the discretion of the Architectural Control Committee but shall be completed no later than the next April 30 following occupancy.

(b)

All yard areas shall be landscaped, sodded and maintained in a professional manner and in accordance with an approved landscaping plan.

(c)

Landscaping and vegetation shall be watered, pruned, cut and maintained weed-free according to good landscape practices and in good appearance.

7.12

Unsightly Structures, Property or Practices: No unsightliness shall be permitted on any Lot. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures or appropriately screened from view.

(a)

Basketball backboards or posts Shay not be installed without prior approval of the Architectural Control Committee as to materials and positioning. At a minimum, backboards shall be freestanding, constructed of plexiglass or acrylic materials and shall be supported by a removable metal post or posts, painted white or to blend with the color of the house and anchored in concrete. Backboards must be perpendicular to and adjacent to the driveway, or to the side of the house, or shall be located in the backyard, as not to constitute a nuisance or visual obstruction to adjacent homeowners.

(b)

All refuse, garbage and trash shall be kept at all times in covered, reasonably noiseless containers, which shall be kept and maintained within the enclosed structure or appropriately screened from view, except when necessarily placed for pick up by garbage removal services.

(c)

Storage piles, compost Piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. Compost piles shall be maintained so that they do not emit offensive odors, attract insects or otherwise constitute a nuisance. Clotheslines and similar structures for hanging, drying or airing clothes shall not be permanently installed. No lumber or scrap, refine, trash or other materials shall be kept, stored or allowed to accumulate on any Lot.

7.13

Material Storage: No building materials of any kind shall be placed or stored upon a building site until the Owner is ready and able to commence construction, and then such material shall be placed within the property lines of the building site upon which the structure is to be erected. The Architectural Control Committee and/or Association through its agents, shall have the right to enter upon any vacant Lot for the purpose of burning or removing weeds, brush, growth or refuse, and charge the cost thereof to the Owner and which shall become a Limited Assessment against the Lot.

7.14

Noxious Use of Property: No portion of the Common Area, or any Lot or any structure thereon shall be used for the conduct of any trade or business or professional activities. Noxious or undesirable acts or undesirable use of any portion of the Property, including (but not limited to acts or uses causing noise which interfered with the peaceable enjoyment of neighboring properties) is prohibited and shall not be permitted or maintained; provided however, that an office and model home or homes for the purpose of the development, construction and sale of the Lots and homes in the Project may be maintained by Declarant and provided, further, that educational facilities, including schools and children's day care centers if approved by the Architectural Control Committee and properly licensed and zoned to operate within the Project, may be allowed with prior authorization of the Declarant. The prohibition of use of any Lot or any structure thereon for the conduct of any trade or business or professional activities includes and prohibits use of any Lot or any structure thereon for a "half-way house", treatment center, nursing home, shelter home, or other similar use, including use for the full time care and residence of unrelated physically or mentally handicapped persons (notwithstanding the provisions of Section 67-6530 and 67-6531, Idaho Code).

7.15

Condition and Repair: No building or structure upon any Lot covered by this Declaration shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted as required under the provisions of, and which may be enforced as described in, Paragraph 6.2.

7.16

Vehicle and Equipment Parking: No campers, recreational vehicles, trailers, boats or motorcycles shall be parked upon any Lot for longer than forty-eight (48) hours (provided, however, that visitors may park for not longer than seventy-two (72) hours), unless fully enclosed in a garage or fenced or screened in a manner specifically approved for that Lot by the Architectural Control Committee, and shall not be parked on any street or Common Area within the Project. No snowmobiles, snow removal equipment, golf carts, maintenance equipment or similar equipment or vehicles, and no working or commercial vehicles or greater than three quarter ton in size and no junk cars or other unsightly vehicles shall be parked on any Lot at any time, unless fully enclosed in a garage on said lot, and shall not be parked on any street adjacent thereto or on any Common Area. All other parking of equipment shall be prohibited, except as approved in writing by the Architectural Control Committee. No parking areas or driveways shall be constructed or maintained except as approved by the Architectural Control Committee. Parking bays or areas, or driveways, are prohibited in areas between side Lot lines and buildings or approved driveways unless specifically approved by the Architectural Control Committee.

7.17

Control of Exterior Appearance, Walls, Etc: The visual harmony and aesthetic appeal of the Project being of mutual concern to all owners and having a direct bearing on the value of Lots and improvements thereon, the Association or the Architectural Control Committee shall have the right to control the texture, design and color scheme of the outside walls, fences, screening devices, roofs, patio roofs and covers of all structures erected upon any Lot and to require basic landscaping and maintenance thereof. The Owner shall not repaint the outside walls or fences without prior approval of the Architectural Control Committee as to color. All open porches and patio roofs shall require the prior approval of the Architectural Control Committee.

7.18

Exterior Antennas, Etc.: Radio and television antennas on the exterior of the building or roof are prohibited. However, satellite dished for television will be considered as long as they are not visible to the public and subject to Architectural Control Committee approval as to size and location.

7.19

Signage: No sign of any kind shall be displayed to the public view on any Lot except one (1) sign of not more than six (6) square feet advertising the property for sale or rent, or a sign used by a builder to advertise the property during the course of construction and any sales period. In addition, signs may also be allowed as follows:

(a)

The Association may erect and maintain uniform subdivision identification signs, street signs, and other appropriate informational signs upon the Common Area and Common Facilities, or upon utility easements, of a size and design approved by the Architectural Control Committee. No other signs shall be placed or maintained upon any of the Common Areas.

(b)

Declarant is entitled to place signs of such size, design and number as Declarant may deem appropriate, to identify the Project and display related information pertaining thereto, and to advertise Lots for sale.

7.20

Exterior Lighting: No exterior lighting shall be installed or maintained on any Lot or structure thereon, which interferes with the use and enjoyment of adjacent Lots, or without prior written approval of the Architectural Control Committee.

7.21

Mail Boxes: Each lot shall have a uniform mail box and support structure of a design and color approved by the Architectural Control Committee and maintained by Owner.

7.22

Sewage Disposal: No septic tank or other individual sewage disposal system shall be constructed or installed on any Lot.