RANCHO SANTA FE PROTECTIVE COVENANT

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Par. 33.  Each of the undersigned property owners, and each other owner of said property, or of any portion thereof, hereby obligates himself personally to pay all annual charges and assessments that are fixed and levied during the time of his ownership against his property and hereby grants to the Association, its successors in interest, and/or to the assigns of the reversionary rights hereunder or that may be hereafter created, the right and authority to bring all actions for the collection of such charges and assessments and the enforcement of such liens.  Said charges and assessments shall be subordinate to the lien of any valid bona fide mortgage or deed of trust executed in good faith and for value on the property subject thereto.

Par. 34.  Each of the undersigned property owners and each owner who shall hereafter sign this Covenant, covenants and agrees for himself, his heirs, executors, administrators, successors and assigns, that such charges and assessments and each and every one of them (together with penalties and costs of collection, including attorney’s fees not to exceed 10 per cent of the amount due) are and shall be a personal charge and claim against him and against his heirs, executors, administrators, successors and assigns collectible in, by and through any court of competent jurisdiction; these charges and assessments shall also be liens against and running with the land and shall be continuous until fully paid.  The remedies for the collection and enforcement of the aforesaid charges and assessments shall be concurrent and the Association is expressly granted the right to concurrently pursue both remedies if it elects so to do.  Action shall only be instituted, however, by the Association after twenty days written demand for payment of the amount due, specifying a date on or after which action will be instituted unless payment is made and on resolution of the Board of Directors of the Association fixing the amount due and unpaid and directing that action be instituted.

Par. 35.  Notice and demand for payment shall be given by the Association by its Secretary by mailing the same in an envelope, postage prepaid, duly addressed to the person or persons in default as their addresses appear upon the books of the Association.  The books and records of the Association at Rancho Santa Fe shall be conclusive evidence of the amounts of the assessments and charges against the respective lots and/or parcels of real estate, levied by the Association under this Covenant and of the items from time to time remaining unpaid and the Association shall, on written request by any owner of any portion of the said property, or any incumbrancer thereof, or any title company or persons certifying, guaranteeing or insuring the title thereto, issue a statement setting forth the amount of charges and assessments and interest and costs then unpaid and when all assessments and charges and interest thereon, if any accrued, and costs are fully paid the Association shall issue a certificate, if so requested in writing certifying that all charges and assessments are fully paid and title companies and others insuring and guaranteeing titles and all subsequent purchasers and all encumbrancers may accept and rely upon the facts stated in such certificates as true.  The Secretary of the Association shall upon request acknowledge the execution of any such certificate before an officer authorized to take and certify acknowledgements.  Such certificates when filed for record in the office of the County Recorder of San Diego County, California, shall be conclusive evidence as far as the Association is concerned of all facts therein set forth.

Par. 36.  Section 4.  Powers of the Association.  Each and every owner of said property or of any portion thereof covenants for himself, his heirs, assigns, executors, administrators and successors in interest that the Association shall have the right and power to do and/or perform any of the following things, for the benefit, maintenance and improvement of said property:

Par. 37.  (1) Generally, to do any and all lawful things which may be advisable, proper, authorized and/or permitted to be done by the Association under or by virtue of this covenant or of any restrictions conditions, and/or covenants or laws at any time affecting said property or any portion thereof (including areas now or hereafter dedicated to public use) and to do and perform any and all acts which may be either necessary for, or incidental to the exercise of any of the powers and duties herein authorized and established or as provided in the Articles of Incorporation of said Association approved by the Secretary of State or amendments thereto hereafter adopted by said Association.  The regulations of said Association shall have full force and effect from and after the time of their adoption as provided in the By-Laws of the Association and shall thereafter be as binding upon the owners of said property and each of them their successors and assigns, as if set out in full herein

Par. 38. (2)  To employ a manager, secretaries, engineers, auditor, technical consultants, and such other employees as may be necessary to the successful conduct of its business and to pay salaries, wages and all other expenses necessary and incidental to the conduct and carrying on of the business of the Association, including the expenses incident to examination and approval as to those matters prescribed in this Article, and for such supervision of construction as may in the opinion of the Board of Directors of the Association, or the Art Jury, be necessary.

Par. 39.  (3) To exercise such control over streets, alleys, walks, courts, or other easements or rights of way as may be within its powers, and as it may deem necessary or desirable; to issue permits for plumbers or other parties to make cuts or excavate in streets when necessary and to require and accept bonds or deposits for the repairing of the same.  The Association shall have full authority to prevent or control any excavation or cuts in streets, alleys, walks, courts or other easements or rights of way, to require a reasonable deposit to insure the repair of the same and future maintenance of such repairs; to make any and all excavations in streets alleys, walks, courts, parks or rights of way which the Association and/or Art Jury may deem necessary; to refill any excavations; to repave any cuts; and/or to repair any damages, in its opinion justified to any improvements in the streets and pay the cost of same out of the deposits made as above provided; subject at all times to such control of county of other proper officials as may have jurisdiction over streets.

Par. 40.  (4) (As Amended in 1930)  To care for, trim, protect, plant and replant trees, shrubs or other planting on streets, parks, playgrounds, school grounds, or upon any property over which it may have and/or assume control or jurisdiction.

Par. 41.  (5) To care for, trim, protect and plant and repair any vacant or private property it may assume charge of and to make a reasonable charge therefor.

Par. 42.  (6) To erect, care for, and maintain adequate signs approved by the Art Jury for marking streets parks or other property.

Par. 43.  (7) Cleanup of Vacant Lots.  To care for any lots and plots in said property, clean up and/or burn grass and weeds, including noxious weeds, to kill off gophers, squirrels, ants or other pests, and to remove any unsightly or obnoxious thing therefrom, and to take any action with reference to such lots and plots as may be necessary or desirable in the opinion of the Board of Directors of the Association, to keep the said property neat and in good order; and to make and collect additional charges therefor.  Any portion of said property, subject to the maintenance and improvement charges established by Section 3 hereof shall also be subject to a continuous additional lien securing payment of such cleanup charges as are provided in this paragraph.  The Association shall have full authority to do said cleanup work and to fix and establish annually the amount of such charge, if any, necessary or advisable, to do said work on any lot or parcel, provided that said charge shall only be made when the amount of work done on any such lot or parcel is greater than the ordinary proportionate amount for which funds are available from the general annual maintenance charge; and provided further that the charges so collected from the owner of any such lot or parcel shall be expended solely for cleaning up and keeping in good order such lot or parcel.  The Association shall have the right to collect and enforce the collection of such charges or assessment; and the owners of said property have established, and do hereby establish, reserve and impose, a lien thereon securing such annual charge.  The amount of such charge, if any, shall be fixed on or about the first Monday of October, of each year and entered upon and collected with the bill for the general annual maintenance charge provided for in Section 3 hereof provided that said additional cleanup charge shall never in any one year exceed 1/10 of one mill square foot.  Said charge or assessment shall be subordinate to the lien of any valid bona fide mortgage or deed of trust executed in good faith and for value on the property subject thereto.

Par. 44.  (8) To make such agreements with county, township, state, national or other public officials, or with any corporation or individual for and in behalf of the owners of said property for a division of the work upon the streets, parks or other portions of said property or for any other work to be done or utilities to be furnished, as will enable the Association to cooperate with the said officials, corporations, or individuals to secure the greatest benefits to the said property or portions thereof that can be derived from the pro rata share of any county, township, or other funds that may be available for use thereon, or otherwise benefit the said property.

Par. 45.  Section 5.  Action When Association Fails to Function.

If for any reason the Association or the Board of Directors thereof shall for ninety (90) consecutive days fail to meet and carry on or perform the duties hereby conferred upon and granted unto said corporation shall be dissolved by operation of law or otherwise any committee of not less than fifteen (15) owners of title of portions of said property under deed or contract may at any time thereafter call a meeting of all such owners, provided notice of said meeting is published at least three (3) times in a daily newspaper of general circulation printed and published in said County of San Diego, and written notice be sent to each owner of any part of said property as shown by the last previous tax roll at his address as filed with the tax collector or if no address be on file, then addressed to him at Rancho Santa Fe P.O.  At said meeting each of said owners present shall have one vote; and said owners may elect by majority vote a board of three trustees and provide for appointment of successors in the event of a vacancy arising for any cause, which board shall thereupon and thereafter serve and act in lieu and in stead of, and with all rights, powers and duties granted in this covenant or otherwise to the Association and may designate and appoint a Secretary and other officers to preform like duties, with the same powers and authority, and to do any and all things, assigned to or conferred upon any officer of the Association.  In the event said Board is so elected and established, then whenever in this covenant the Association if referred to, said Board of three Trustees shall be substituted therefor with the same force and effect as if named herein, whether or not specifically named in each case; and said Board of Trustees shall serve until such time as such Association shall be reincorporated and/or restored to the right to transact business at which time said Board of Trustees shall cease to have power to serve and said Association shall be reinvested with all rights, powers and duties granted or conferred hereby or which may be hereafter granted to or conferred upon said Association.

ARTICLE III

Rancho Santa Fe Art Jury

Par. 46. Section 1.  Approval of Streets, Subdivisions. No part of the said property and/or of any property at any time within the jurisdiction of the Art Jury or of the Association shall be subdivided, laid out or improved by buildings, or structures, or its physical contours altered or changed, except in preparing land for orchard or farm use, except with the approval of the Association with the written advice of the Art Jury so as to insure a uniform and reasonably high standard of artistic result and attractiveness, in exterior and physical appearance of said property and improvements.

Par. 47.  Section 2 (As Amended in 1939).  Approval of Plans and Improvements.  Before any building is erected upon any building site under the jurisdiction of the Association, plans and specifications therefor including the exterior color scheme together with a block plan indicating location, shall be submitted to the Association by submitting the same to the Secretary of the Association for a preliminary check as to cost limitations, yard requirements, and other specific requirements of this Covenant.  If the Secretary shall find any specific clash between the said plans and specifications and the requirements of the Covenant, he shall communicate with the architect or the owner and try to have the matter corrected before the plans and specifications are forwarded to the Art Jury.  After such preliminary, check and correction, if any, the Secretary shall forward the said plans and specifications to the Art Jury for examination, correction, approval or rejection, under the provisions of the Covenant.

Par. 48.  The building of fences, walls, and similar structures, are divided into two classes:  First, major construction; second, minor construction.  The property owner may proceed with what he definitely thinks is a minor construction without submitting plans and specifications to the Art Jury as provided above, subject to the continuing jurisdiction of the Association through its Board of Directors to hear complaints against said minor constructions and to hear, try and determine the said complaints upon due notice to the defending property owner.  Tennis courts and swimming pools are major constructions.

Par. 49.  Major constructions shall be treated the same as buildings as above provided.  If there is doubt in the mind of the property owner as to whether or not his contemplated work is a major or minor construction, he shall either submit plans and specifications or petition the Art Jury to determine in writing whether or not his proposed improvement will constitute a major or minor construction.  Such determination, however, if it is to the effect that the construction is a minor construction, shall not deprive the Association  of its jurisdiction to hear, try and determine complaints and order corrections as above provided.

Par. 50.  No alteration shall be made in the exterior color design or openings of any building or major construction unless written approval of said alteration shall have been obtained from the Art Jury.  No minor construction shall be altered into a major construction without the approval by the Art Jury of plans and specifications of said alteration.

Par. 51.  In any case the Art Jury shall have a right to require grading plans and profile maps in order to aid the Art Jury in finally passing on any plans and specifications.

Par. 52  When the Art Jury issues an approval as provided for in the Covenant, the plans and specifications shall be returned to the Secretary of the Association for permanent record in the office of the Secretary of the Association.

Par 53.  Section 3.  Approval of Works of Art.  No work of art located or to be located upon said property or any part thereof shall become the property of the Association, or of any corporation, organization or public or semi-public board which may succeed or be substituted for any of them, whether acquired by purchase, gift, or otherwise, unless such work of art or a design of the same, together with a statement showing the proposed location of such work of art, shall first have been submitted to and approved in writing by the Art Jury; nor shall any work of art until so approved be contracted for, erected, placed in or upon, or allowed to extend over or under any street, avenue, square, park, recreation ground, school, public buildings or other public or semi-public property over which the Art Jury has jurisdiction.  The Art Jury may, when it deems proper, also require a model of any proposed work of art, or a map, drawing or profile term “Work of Art” as used in this section shall apply to and include all paintings, mural decorations, stained glass, statues, bas-reliefs, tablets, sculptures, monuments, fountains, arches, entrance gateways, or other structures of a permanent character intended for ornament or commemoration.  No work of art over which the Art Jury has jurisdiction under this section shall be removed, relocated or in any way altered without the approval in writing of the Art Jury.

Par 54 Section 4. Custodian of Art Works.  The Art Jury shall be custodian of and have jurisdiction over such works of art as it may accept charge of.

Par 55.  Section 5.  (As Amended 1930, 1939 and 1973.) (a) Membership.  The Art Jury shall be composed of five members appointed by the President of the Association from a list of members of the Association, nominated by the Board of Directors.  Such list of nominees shall contain at least two names in excess of the number of appointments to be made.  The present incumbents of the Art Jury shall continue in office for their respective terms of appointment and their successors shall be appointed as herein provided.

Par. 56. (b) (As amended 1973.) Each member of the Art Jury shall serve for three (3) years, provided, however, the new members appointed upon the implementation of this Amendment may be appointed for such lesser term as the President of the Association with the approval of the Board of Directors shall determine advisable in order that no more than two members’ full terms shall expire in any one year, excepting, however, an appointment to fill a vacancy, which shall be for the unexpired portion of the term.  At the expiration of his term a member shall continue to serve until his successor has been appointed and accepted office.  If for any reason the President of the Association shall fail for ninety (90) days after the occurrence of a vacancy on the Art Jury to appoint a successor, as provided herein, the President of the Art Jury shall have the sole power to fill the said vacancy.  If the Art Jury for any reason shall fail to meet and perform its duties for a period of ninety (90) consecutive days, the President of the Association shall remove one or all of the members thereof and appoint another member or members in the place of the member or members so removed.

Par. 57.  (c) (As amended 1973.) Any member of the Art Jury who shall have any direct or indirect interest in any matter within the jurisdiction of the Art Jury requiring its approval shall be disqualified from voting thereon.

Par. 58.  (d) (As amended 1973) The members of the Art Jury shall elect from its own number a President and a Vice-President and shall adopt Rules of Procedure and prescribe regulations for submission of all matters within its jurisdiction.  Three members shall constitute a quorum and shall have full power to act as the Art Jury during a period of any vacancy in the membership thereof.  The members of the Art Jury shall also appoint a Secretary and such other officers as it may find necessary.

Par. 59. (As amended 1973.) Par. 59 is hereby deleted from the Covenant in its entirety.

Par. 60. Section 6.  Art Jury Funds.  (As amended 1973.)  The Art Jury shall recommend to the Board of Directors for its approval and appointment an architect to act solely in an advisory capacity to the Art Jury and may recommend to the Board of Directors for its approval and appointment other experts to act solely in an advisory capacity to the Art Jury.  Any funds available to the Art Jury may be used by it to pay such architect or experts for time in attendance at meetings and other expenses which, in the judgment of the Art Jury, are incidental to carrying out the purposes for which it is established and to enforce its decisions and rulings.

Par. 61.  Section 7.  Records and Reports.  (a) The Secretary of the Art Jury shall keep minutes of each approval, recommendation or other official act of the Art Jury and furnish certified copies thereof or certificate of the result thereof, on request to any person, and the Art Jury may make a reasonable charge therefor.  Said records shall be open to the public.

Par. 62.  (b) The Art Jury may authorize the Secretary thereof to issue a certificate of completion and compliance as to any property inspected as herein provided and to make and collect a reasonable charge therefor.

Par. 63.  Section 8. (Added in 1930).  The secretary of the Art Jury shall file with the Secretary of the Association at Rancho Santa Fe, a written record of all its official acts and final decisions and rulings concerning approvals, recommendations, findings or disapprovals and/or modifications of plans and/or specifications, and/or other matters submitted to it in writing for consideration, within 48 hours after the meeting at which any final rulings and/or decisions are made by the Art Jury; and the Secretary of the Association shall forthwith, in writing notify the owner of the property of the ruling and/or decision filed by the Art Jury.  No act, decision or ruling of the Art Jury shall be final until so filed with the Secretary of the Association.

Par. 64.  Section 9. (Added in 1930). (a) The owner or owners of any property to which any act, decision and/or ruling of the Art Jury directly applies may, within 30 days after the notice to him by the Secretary of the Association as aforesaid file a written petition appealing therefrom to the Association specifically pointing out the ground of his appeal; if, at the owner’s request a certificate of completion and compliance has been issued by the Art Jury no appeal shall lie.

Par. 65.  (b) On receipt of such petition for appeal the President of the Association shall arrange or attempt to arrange a conference with the owner or owners appealing and the Art Jury and attempt to mediate the differences between them.

Par. 66.  (c) If fifteen (15) days after filing of said petition with the Secretary of the Association mediation has failed and the appeal remains on file the Secretary of the Association shall, after conference with the President of the Association , call a meeting of the Board of Directors at RANCHO SANTA FE for a public hearing to consider the petition for appeal; this meeting shall be held not less than 25 days nor more than 35 days after receipt of such petition by the Secretary of the Association.  Notice of such public hearing shall be given in writing by the Secretary of the Association to the petitioner, to each director of the Association and to each member of the Art Jury, at least ten days before the day fixed for such hearing and notice of such public hearing shall also be posted for a ten day period on the bulletin board of the Association to be maintained in a public place at Rancho Santa Fe.  At such hearing the appellant and his witnesses shall be fully heard, the decision or ruling of the Art Jury appealed from shall be read and the members of the Art Jury and their officers shall be heard as to the reasons for making the decision or ruling appealed from.

Par. 67.  (d) After full hearing as aforesaid and due consideration the Board of Directors of the Association shall have the power by affirmative vote of at least four-fifths of the entire membership of the said directors to modify said act, decision and/or ruling of the Art Jury; provided that said modification shall only be ordered in a case where the directors find that such decision or ruling of the Art Jury works an undue hardship upon said petitioner or that a modification of the decision or ruling of the Art Jury will not tend unduly to lower the standards of attractiveness of the surrounding property or depreciate the neighborhood, or that there was bias or prejudice on the part of one or more members of the Art Jury as to said decision or ruling.

Par. 68.  (e)  The findings, rulings and decisions of the Board of Directors of the Association made on a hearing held as aforesaid and on the affirmative vote of at least four-fifths of the entire membership of the said Board of Directors shall be final and conclusive upon the Art Jury and upon the appellant and upon all parties concerned as soon as a written copy of the modifications and/or rulings adopted by the Directors as aforesaid is filed with the secretary of the Art Jury and a copy mailed to appellant by the Secretary of the Association.

Par. 69.  Section 10 (Added in 1930).  Any member of the Art Jury may be removed from office by an affirmative vote of at least four-fifths of the entire membership of the Board of Directors of the Association after a public hearing, of which at least 15 days notice shall have been given to all persons concerned, but only for (1) malfeasance in office and/or (2) absence from meetings of the Art Jury without the written approval of the President of the Association for a period in excess of 60 calendar days.

ARTICLE IV

ZONING

Par. 70.  Section 1.  Definitions.  The protective restrictions in this article shall be known as “Building Zone Restrictions”; and for the purposes hereof the following explanations and definitions of words, terms, and phrases shall govern unless the context thereof clearly indicates a different meaning:

Par. 71.  (a) Words used in the present tense include the future; the singular includes the plural, and the plural includes the singular; and the word “building” includes the word “structure”.

Par. 72.  (b) An “Apartment House” is a building containing three or more separate single family habitations using a common passage or stairway and a common entrance on the ground floor.

Par. 73.  (c) A “Building site” shall be taken to be a piece of land (exclusive of streets, open recreation areas, and lands excepted, reserved, segregated or retained in accordance with the restrictions, conditions and covenants affecting same shown on any map of record), to-wit:

Par. 74.  (1) Any lot or parcel of said property shown on any map or subdivision of record with the County Recorder of said County subject to the jurisdiction of the Association and of the Art Jury; or

Par. 75.  (2) Any lot or parcel of any re-subdivision of any portion of said property which re-subdivision is approved by the Association and conforms to the restrictions applicable thereto and thereby allowed to be used as a building site; or

Par. 76.  (3) Any land or any lot or parcel of any subdivision or resubdivision of any land which hereafter becomes subject to the jurisdiction of the Association and the Art Jury by virtue of restrictions, conditions, covenants, and/or agreements, relating thereto, and by acceptance of said jurisdiction by the Board of Directors of the Association of record with the County Recorder of said County.

Par. 77.  (d) A “Court” is an open unoccupied space other than a rear yard, on the same lot with a building. A court, one entire side or end of which is bounded by a front yard, a rear or side yard, or by the front of the lot, or by a street or a public alley, is an “outer court”.  Every court which is not and “outer court” is an “inner court”.  Every court shall be open and unobstructed to the sky, except for balconies or other architectural features approved by the Art Jury, from a point not more than two feet above the floor line of the lowest story in the building in which there are windows in rooms or apartments abutting on such court except that a cornice on the Building may extend into an “outer Court” two inches for each one foot in width of such court, and a cornice may extend into and “inner Court” one inch for each one foot in width of such court.

Par. 78.  (e) The “curb level” for the purpose of measuring the height of any portion of a building is the mean level of the curb in front of such portion of the building, where the curb level has been established by resolution of the Association.  But where a building is on a corner lot, the curb level is the mean level of the curb on the street of greatest width.  If such greatest width occurs on more than one street, the curb level is the mean level of the curb on the street of the greatest width which has the highest curb elevation.  The curb level for the purpose of regulating and determining the area of yards, courts, and open spaces is the mean level of the curb on the front of the building where there is the highest curb elevation.  Where no curb elevation has been established or the building sets back or does not adjoin the street, the average ground level of that portion of the lot occupied by the building shall be considered the curb level, except for vision clearance at corners in determining which the average road grade shall be taken where no curb level has been established by the Association or the County Surveyor.  On any street, road or alley where no public authority has officially established a curb level, the Association may establish such curb level by resolution.

Par. 79.  (f) A “detached building” is one that is not less than five feet distant, measured horizontally, from any portion of any other building.

Par. 80.  (g) A “flat” is a building having two or more separate single family habitations therein whether one above another or on the same floor and having a separate outside entrance on the ground floor for each such habitation.

Par. 81. (h) The “height” of a building is the vertical distance measured from the curb level to the top of the roof of the highest part of the building (except towers or spires).

Par. 82. (i) The “height of a yard or court” at any given level shall be measured from the lowest level of such a yard or court as actually constructed.

Par. 83. (j) A “House Court” is a group of two or more single family dwellings or flats on the same lot, whether detached or in solid rows, having a separate outside entrance on the ground floor level for each single family dwelling.

Par. 84.  (k) A “lot” for the purposes hereof shall be taken as any piece of land fronting on a street as provided herein, the description of which is filed with the Building Commissioner, regardless of maps recorded in the office of the County Recorder, except as provided in Section 7 of Article I hereof.  The “depth of a lot” is the mean distance from the street line of the lot to its rear line, measured between the centers of the end lines of the lot.  A “corner lot” is a lot bounded on two sides by streets, provided that , for this purpose, no street, alley, court or open space less than thirty feet in width shall be deemed a street.  The “front line” or “front” of a lot is the boundary line of the lot bordering on the street upon which it abuts.  In case of a corner lot, either frontage may be the front provided that the front line shall be taken to include any cutoff corners.  If a lot runs through from street to street, either street line may be taken as the front lot line.  The “rear line” of the lot is the boundary line of said lot opposite the front line.  All other boundary lines of a lot are “sidelines”.

Par. 85.  (l) The word “maintained” shall be interpreted as applying only to buildings, fences, walls, sidewalks, steps, awnings, tents, poles or structures or portions thereof erected, constructed or altered after the date of acceptance of jurisdiction by the Association over the property on which said building, structure or portion thereof exists.

Par. 86. (m) A “multiple dwelling” is a building designed or used for a flat, apartment, tenement, hotel, dormitory or any dwelling other than a single family dwelling.

Par. 87.  (n) A “rear yard” is an open, unoccupied space, except as otherwise provided herein, on the same lot with and immediately behind a building; and wherever required shall extend the full width of the lot.

Par. 88.  (o) A “single family dwelling” is a dwelling for one family alone, having but one kitchen and within which not more than five (5) persons may be lodged for hire at one time, provided that reasonable quarters may be built and maintained in connection therewith for the use and occupancy of servants or guests, of said family, and that such quarters may be built and maintained as a part of the main building or with the written approval of the Association and the Art Jury in a separate detached accessory building or buildings on the same lot, or as a gatelodge, provided said accessory buildings be not at any time rented or let to persons outside the said family and that they be occupied and used only by persons who are employed by or are the guests of the family, and provided further that no rooms shall be constructed, altered or maintained for sleeping purposes on any floor except the ground floor of any accessory building except on a lot with an area in excess of twenty thousand (20,000) square feet.

Par. 89.  (p)  A “story” is that portion of a building included between the surface of any floor and the finished ceiling above it.

Par. 90.  (q) A “street wall” of a building at any level is the wall of that part of the building nearest to the street line.

Par. 91.  (r) The word “use” means the purpose for which the building or property is designed arranged or maintained or for which it is or may be occupied or maintained.

Par. 92.  Section 2.  Classes of Use Districts.  The following general plan of zoning or districting is hereby adopted for said property and there are hereby established and defined for said property certain classes of use districts which shall be known as:

Par. 93.  Residence Districts of:
           Class A - Single Family Dwellings and farming.
           Class B - House Courts, Flats and Dwellings.
           Class C - Apartments and other kinds of dwellings.

Par. 94. Business and Public Use Districts of:
           Class D - Retail business. Offices and dwellings.
           Class E - Business, theaters and dwellings.
           Class F - General Business, garages and dwellings.
           Class G - Wholesale and material business.
           Class H - Public and semi-public uses.
           Class J - Religious edifices.
           Class K - Hospitals and institutions
           Class L - Riding academies and polo fields.

Par. 95.  The districts of said classes and of each thereof are hereby established for said property with location, extent and boundaries thereof as defined and established herein and/or in supplemental and additional restrictions hereafter filed for record with said County Recorder as provided in Section 5 of Article V hereof, provided that further and/or different classes of use districts may be established and defined in said supplemental and additional restrictions.  Any reference to said property or any part thereof in any agreement, declaration of restrictions or covenants or in deeds, contracts of sale or leases which shall classify any portion of said property as being within any district or any class of use district of said property, unless referring specifically to some other covenant, shall be construed as referring to the district of the class defined in this covenant or amendment thereof.

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