Third Amendment to Declaration of 

Covenants, Conditions and Restrictions

 for Longwood Green


ARTICLE VIII - Restrictions


8.01 Use Restrictions

No structures shall be erected, altered, placed or permitted to remain on any residential Lot within the subdivision other than one detached single-family dwelling and private garage or carport and accessory buildings and structures such as swimming pool, storage rooms, screened enclosures and patios.

8.02 Garages

A garage or carport shall be required to each lot. The interior of each shall be at least 11 feet wide and 20 feet in length. All dwellings to have a paved driveway of concrete or asphalt construction of at least 10 feet in width at the entrance to the garage.

8.02.01 Purpose

The garage shall be used primarily for purposes of housing vehicles and for storage of personal belongings. No garage may be converted into dwelling space.

8.02.02 Any replacement of a garage door must first be approved pursuant to Article VI and must be of like kind and quality of the original garage door.

8.03 Temporary Structures

No structure of a temporary character, including a trailer, basement, tent, shack, garage, barn or other such building shall be placed upon the lots at any time; provided, however at this prohibition shall not apply to shelters used by the contractors or developer during the construction of the main dwelling houses, it being clearly understood that these temporary shelters may not, at any time, be used as residences or permitted to remain on the lots after completion of the construction.

8.04 Dwelling Size and Restriction

No single-family residence shall be constructed on Lots 24 through 65 and Lots 71 through 74 inclusive of the Amended Plat and on Lots 61 through 81 inclusive of the Replat of the Amended Plat, with a living area which is less than one thousand two hundred (1,200) square feet, and on Lots 1 through 60 inclusive of the Replat of the Amended Plat with a living area which is less than nine hundred twenty (920) square feet, which living area in each case shall have finished walls, ceiling and floor, shall be insulated and centrally heated. An air conditioning system is optional; provided, however, that if this option is exercised, said air conditioning shall be a central system. The floor space within the garage or carport, a breezeway, a porch or an unfinished storage or utility room shall not be included within the living area for the purpose of determining the minimum allowable area.

8.05 Livestock and Animal Restrictions

No livestock, poultry, or animals of any kind or size shall be raised, bred, or kept on any Lot or in any dwelling unit provided, however, that a maximum of two (2) dogs, cats, or other common domesticated household pets may be raised and kept provided such pets are not kept, bred or maintained for any commercial purposes. No permitted pet shall be allowed to make noise in a manner or of such volume as to annoy or disturb other Owners. No Owner or owners of any dogs shall allow the dog or dogs to run loose or unleashed on any property other than the Lot owned by said dog owner or owners, or in any designated “dog walk” area, if any, established by the Board of Directors of the Association. All dogs must be controlled and leashed when on the Common Area and Streets. The Owner shall be responsible for all damages caused by said pets and shall insure that all waste material from such pets shall be disposed of in a sanitary manner.

8.06 Maintenance of Building and Grounds

All lots, whether improved or not, shall be maintained in a clean and orderly condition, free from overgrown weeds and from rubbish. In the event any lot is not so maintained, Declarant, its successors and/or assigns, shall have the right to enter upon said lot for the purpose of cutting and removing such overgrown weeds and rubbish, and the expense thereof shall be charged to and paid by the Owner of such lots. If not paid by said owner within thirty (30) days after being provided with a written notice of such a charge, the same shall become a lien upon such a lot until paid and may be collected by an action to foreclose said lien or by an action at law, at the discretion of the said Declarant, its successors and/or assigns.

8.07 Signs

No sign of any kind shall be displayed to the public view on any lot except one identification sign of not more than two (2) square feet in size or one temporary real estate sign of not more than five (5) square feet in area. No commercial flags, pennants or other such devices shall be allowed; provided, however, that this restriction shall not be applicable to Declarant or its assigns.

8.08 Building Materials

Only finished materials such as brick, stucco, native stone and wood shall be used for the exterior surfaces of buildings and structures on the side or sides exposed to the street.

8.09 Service Yard Storage Receptacles

All exterior pumps, motors, air conditioning compressors, storage tanks and other mechanical features shall be screened from view either by a decorative structure 36" height or mature landscaping materials capable of obstructing the view from the street. Additionally, clothes-lines are prohibited outside unless they are likewise screened from any adjacent property.

8.10 Easements

Easements for installation and maintenance of utilities and drainage facilities and easements for sidewalks are reserved as shown on the recorded plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, or which may interfere with the construction or use of utilities in said easements. The easements area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

8.11 Building Location Lots 24 through 65, and Lots 71 through 74 of the Amended Plat and Lots 61 through 81 of the Replat of the Amended Plat

8.11.01 Front yards shall not be less than twenty (20) feet in depth measured from the front property line to the front of any building structure.

8.11.02 Rear yards shall not be less than fifteen (15) feet in depth measured from the rear property line to the rear of any building structure, exclusive of pool or patio.

8.11.03 Side yards shall be provided on each side of every dwelling structure of not less than 7½ feet from side lot lines.

8.12 Building Location Lots 1 through 60 of the Replat of the Amended Plat

8.12.01 Front yards shall be not less than twenty (20) feet in depth measured from the front property line to the front of any building structure.

8.12.02 Rear yards shall be not less than ten (10) feet in depth measured from the rear property line to the rear of any building structure, exclusive of pool or patio
.
8.12.03 Side yards shall be provided on each side of every dwelling structure of not less than zero (0) feet from side lot lines.

8.13 Offensive Activity

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the community. There shall not be maintained any plants or animals, or devices or thing of any sort whose normal activities or existence is in any way obnoxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof. No structures shall be built on the premises for the purpose of skate board activities.

8.14 Parking Restrictions 


No automobile, truck, boat, boat and trailer, trailer, house trailer, mobile home, camper, commercial vehicle which contains lettering or advertising thereon or which is identified with a business or commercial activity or other similar vehicle shall be parked on the street, including the right-of-way thereof, on the Common Areas, or on any Lot except in a closed garage attached to a dwelling unit, for overnight or for a continuous period of time in excess of ten (10) consecutive hours. However, nothing stated herein shall be constructed to prohibit an Owner of Lot from parking an automobile or other vehicle use primarily for ordinary transportation purposes (as opposed to recreational purposes) within the confines of the paved driveway leading from the Street adjoining his Lot to the doorway of the garage.

 Clarification by Declarant - 10-26-2015

8.14.01 Any inoperable vehicle parked outside of any garage for more than seven (7) days for purpose of repair or storage may be towed away at owner’s expense upon proper consideration and resolution of the Board of Directors. Proper notification of violations must first be provided to the offending lot owner.

8.14.02 There shall be no major repair performed on any vehicle or on adjacent to any lot in subdivision. Nothing herein shall be construed to prevent an owner from performing normal maintenance such as oil change or tune up on his own vehicles.
 
8.15 Trees

No large trees measuring six (6) inches or more in diameter at ground level may be removed without prior approval of the Declarant unless located within ten (10) feet of the main dwelling or accessory building or within ten (10) feet of the approved site for such building.

8.16 Sod

The front, side and rear yards of all lots in the sub-division shall be sodded excepting only paved areas, patios, shrubbery and flower beds.

8.17 Architectural Control

No building, fence, pool or other structure shall be erected, placed or altered on any building lot until a complete set of building plans and specification have been submitted to the Declarant, its successors and/or assigns, and the same approved in writing, evidencing that said building and/or structure complies in all respects with these restrictions, reservations and conditions and that said building or other structure is in conformity and harmony not only with respect to the topography and ground elevations but also with the architectural design of completed or proposed structure on other lots in the subdivision. See Article VI hereinabove with respect to Architectural Control.

8.18 Waiver of Minor violations

The Declarant, its successors and/or assigns shall have the right at any time to waive minor exceptions or violations which violations or exceptions are not contrary to the intent and purpose of the restrictions. The Declarant, its successors and/or assigns, in its sole discretion, shall have the right to determine what constitutes a minor violation.

8.19 Enforcement

Observance of these covenants, subject to which the land is deeded, may be enforced by any one or more owners of said property through appropriate notice and court action.

8.20 Severability

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.

8.21 Amendment

So long as Declarant owns one or more lots in this subdivision, Declarant may change these covenants in whole or in part by executing a written instrument making said changes and having the same duly recorded in the Public Records of Seminole County, Florida.

8.22 Term 


These covenants shall remain in full force and run with and bind the land for a term of twenty (20) years from the date this instrument is recorded, after which time they shall be automatically extended for successive periods of ten (10) years.

 CC&R Preservation - 05-26-2014

8.23 Antenna and Dish Restrictions

No one shall be permitted to install or maintain on any Lot, or structure, any outside television or radio antennas, masts, aerials or other tower or dish for the purpose of audio or visual reception or transmission without prior exception and approval by the Board of Directors AND Architectural Review Board. If approved, a dish receiver may be installed in the backyard only and must be surrounded by a 6‘ high fence.