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202002679 <br />as to be offensive or detrimental to any other Lot or Property in the vicinity thereof or to its <br />Residents. Normal construction activities and parking in connection with the building of <br />Improvements on a Lot shall not be considered a nuisance or otherwise prohibited by this <br />Declaration, but Lots shall be kept in a neat and tidy condition during construction periods; trash <br />and debris shall not be permitted to accumulate; and supplies of brick, block, lumber, and other <br />building materials will be piled only in such areas as may be approved in writing by the DRC. In <br />addition, any construction equipment and building materials stored or kept on any Lot during the <br />construction of Improvements may be kept only in areas approved in writing by the DRC, which <br />may also require screening of the storage areas. The provisions of this Section shall not apply to <br />construction activities of the Declarant or a Designated Builder. <br />4.4 Nuisances. <br />No obnoxious, offensive, noxious, or other activity that would constitute public or private <br />nuisance or annoyance to the neighborhood will be permitted. Without limiting the generality of <br />the foregoing, nothing shall be done or maintained on, in, or under the Property or any portion <br />thereof that may detract from the value or appearance of the Property or any portion thereof as an <br />attractive residential community. <br />4.5 Abusive Conduct. <br />The Owners, Residents, and their guests shall refrain from public intoxication, profane and <br />abusive language, loud or obnoxious conduct, and disturbing or threatening the rights, comfort, <br />health, safety, welfare, or convenience of other Owners. Owners, Residents, and their guests shall <br />not (a) use, possess, sell, distribute, or manufacture controlled or illegal drugs or other substances <br />or drug paraphernalia; (b) engage in or threaten violence; (c) possess a weapon prohibited by <br />applicable laws; (d) discharge a firearm; (e) display a knife, gun, or other weapon; or (f) bring <br />hazardous materials into the Project. <br />4.6 Diseases and Insects. <br />No Person shall permit any thing or condition to exist upon any Lot that shall induce, breed, <br />or harbor infectious plant disease or noxious insects. <br />4.7 Ancillary Equipment. <br />4.7.1 Solar Devices. Roof -mounted equipment (including without limitation mechanical <br />and air conditioning) will not be allowed; provided, however, that if a court of competent <br />jurisdiction enters a final, unappealable order declaring that strict compliance with this Subsection <br />would effectively prohibit the installation or use of a solar energy device within the meaning of <br />Nebraska Statues, then roof -mounted solar heating equipment shall be permitted if screened so as <br />not to be Visible From Neighboring Property to the extent reasonably consistent with the <br />installation and use of such equipment (such as screening to match as closely as possible the color <br />and materials of the Residence to give the appearance of being an integral part of the architecture <br />of the Residence). The DRC must approve screening designs prior to installation. In addition, <br />the DRC will consider the following factors in determining whether to approve the installation of <br />a solar energy device: <br />(a) Whether feasible alternatives utilizing solar energy are available. <br />(b) Whether any alternative designs will be comparable in cost and performance. <br />(c) The feasibility of making the required modifications. <br />(d) The extent to which the Residence at issue is able to incorporate required changes <br />to its existing architectural design. <br />(e) Whether decisions previously made by the Owner or prior Owner are responsible <br />for limiting or precluding the installation of a solar device rather than the <br />restrictions themselves. <br />(f) The location. <br />(g) Whether the restrictions impose too great a cost in relation to what typical Owners <br />in the community are willing to spend. <br />Page 18 of 52 <br />