North Kerr Industrial Park

What North Kerr Industrial Park's governing documents say

North Kerr Industrial Park is a commercial/industrial planned development in Wilmington, NC, governed by a homeowners' association (North Kerr Owners' Association). This document is the full declaration of covenants, conditions, and restrictions (CC&Rs) that apply to specific lots (Lots 5, 7, 9, 10, 11, 52, P1, P2, P3) within the park. It binds all lot owners, their tenants, and occupants.

• Permitted uses: Lots are restricted to office use and commercial/industrial facilities permitted by current zoning. Shopping centers and retail food sales are not allowed without Declarant consent. No residential use is mentioned.
• Architectural review: All buildings, structures, site work, landscaping, exterior changes (including painting) require prior written approval from the Declarant (or later the Board/Architectural Control Committee). Facades of office areas should be brick, stone, or similar, not metal. Approval may be based on any ground, including aesthetics.
• Setbacks & construction: Buildings must be set back 50' from street rights-of-way (30' for lots under 250' depth) and 15' from other boundaries. Drives and parking must be set back 10' from streets and 5' from other boundaries. Exterior construction must be completed within 24 months.
• Use restrictions: No noxious or offensive activities; no temporary structures without consent; no boats, campers, trailers, inoperable vehicles, or tractor/trailers unless screened; no animals, livestock, or poultry; no satellite dishes over 18" visible from street; no signs without Board permission; no subdivision without consent; no mineral exploration; no toxic/hazardous materials without approval; no outside intercoms/PA systems; no on-street parking; auto repair must be inside and screened.
• Maintenance obligations: Each owner must keep their lot free of weeds, debris, and unsightly growth, and maintain all structures and plantings. If the owner fails to do so after 30 days' notice, the Association may enter and perform maintenance at the owner's expense, creating a lien.
• Assessments: Annual and special assessments are levied per lot based on square footage. Annual assessments initially cover only stormwater detention pond maintenance. Budget increases over 10% require member approval. Unpaid assessments bear interest and become a lien on the lot.
• Common areas & easements: Common areas include stormwater detention ponds and other lands for common use. Owners have an easement to use common areas. The Association and Declarant have easements over lots for utilities, drainage, maintenance, and emergency access.
• Developer rights: The Declarant retains significant control, including the right to amend the declaration without member approval during the Declarant Control Period, annex additional property, re-plat lots, and grant variances. The Declarant also controls the Architectural Control Committee until all lots are sold.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.