7.01 ANTENNAS:
WHEREAS, the Federal Government adopted the
Telecommunications Act of 1996 (the “Act”), and
WHEREAS, in Section 207 of the Act, the Federal
Communications Commission (FCC) was directed to promulgate a rule that
w3ould allow specific exterior antennas to be erected on private property.
A copy of Section 207 (Section 207) is attached hereto a Exhibit “A”, and
WHEREAS, on August 5, 1996 the FCC did adopt such
a rule, which rule is designated as Section 1.4000 (Section 1.4000) and is
attached hereto as Exhibit “B”, and
WHEREAS, Section 1.4000 provides that certain
exterior antennas must be allowed, but further provides that Community
Associations may adopt certain reasonable restrictions regulating the
same, and
WHEREAS, as part of its rule making process the
FCC released, on August 6, 1996, its REPORT AND ORDER, MEMORANDUM OPINION
AND ORDER, and FURTHER NOTICE OF PROPOSED RULEMAKING, in which it
discussed Section 1.4000 and put forth general standards to be followed in
the adoption and enforcement of Community Association restrictions, and
WHEREAS, the Wekiva Hunt Club Community
Association, Inc. has the power to adopt such restrictions and has
determined that it is in the best interest of its members to do so.
NOW THEREFORE, the Wekiva Hunt Club Community
Association, Inc. hereby amends Section 7.01 of its codified rules to read
as follows:
1. PROPERTY THAT IS EFFECTED BY THIS RESTRICTION:
This restriction shall apply to all property that
is under the jurisdiction of the Wekiva Hunt Club community Association,
Inc.
2. PROHIBITED ANTENNAS:
Except as provided below, all exterior antennas,
including satellite dish antennas are prohibited. This prohibition shall
specifically include those satellite dish antennas that are masked to
resemble other items, such as rocks and patio furniture.
3. PERMITTED ANTENNAS:
Pursuant to the directives of attached Section
207 and Section 1.4000, the following exterior antennas may now be erected
in Wekiva without prior approval as long as the same are erected in
conformance with the restrictions outlined below:
A. DBS antennas that are one meter (39") or less
in diameter that are designed to receive direct broadcast satellite
service, including direct-to-home satellite service (hereinafter “DBS
Antennas”)
B. Antennas that are one meter (39") or less in
diameter or diagonal measurement and are designed to receive video
programming services via multichannel multipoint distribution (hereinafter
“MMDS/wireless cable” antennas) which may be mounted to a mast.
C. Antennas that are designed to receive
television broadcast signals (hereinafter “TVBS antennas”) which may be
mounted to a mast.
4. WHO MAY ERECT A PERMITTED ANTENNA:
No Permitted Antenna may be erected by anyone who
does not have a direct or indirect ownership interest in and exclusive use
or control of the property upon which the antenna is to be erected.
5. RESTRICTIONS FOR PERMITTED ANTENNAS:
Subject to the variance provisions outlined below
the following restrictions shall apply to the Permitted Antennas:
A. One DBS antenna may be erected on a lot or on
a living unit if:
i. The DBS antenna does not exceed one meter
(30") in diameter;
ii. The DBS antenna cannot be seen from the
street;
iii. The DBS antenna cannot be seen from
neighboring property or living units; and
iv. The DBS antenna is painted a color that is
coordinated with the antenna’s background (e.g. if the antennas is to be
attached to a structure, it must be painted the same color as the
structure, if the antenna is to be placed in the yard, then it must be
painted a color which will make it blend in with the background
landscaping).
B. One MMDS/wireless cable antenna may be erected
on a lot or on a living unit if:
i. The MMDS/wireless cable antenna is one meter
(39") or less in diameter or diagonal measurement.
ii. The mast upon which the MMDS/wireless cable
antenna is mounted does not exceed twelve (12) feet above the roof line of
the structure to which it is attached.
C. One TVBS antenna may be erected on a lot or on
a living unit if:
i. The mast upon which the TVBS antenna is
mounted does not exceed twelve (12) feet above the roof line of the
structure to which it is attached.
6. VARIANCES FROM THE RESTRICTIONS FOR PERMITTED
ANTENNAS:
Any person who is qualified to erect a Permitted
Antenna may request that the above stated restrictions be altered,
lessened or waived if they can demonstrate to the Association that
erecting a Permitted Antenna in conformance with the restrictions impairs
reception of an acceptable quality signal as defined by Section 1.4000 and
the REPORT AND ORDER, MEMORANDUM OPINION AND ORDER, and FURTHER NOTICE OF
PROPOSED RULEMAKING dated August 5, 1996. The Association may require
reasonable proof of such claim.
7. ENFORCEMENT OF THIS RESTRICTION:
A. The Association may enforce subsection 2 of
this restriction in any fashion permitted by law, including the imposition
of fines.
B. The Association may enforce the remaining
subsections of this restriction in any fashion permitted by Section 207
and Section 1.4000, including the filing of an action in the County or
Circuit Courts in and for Seminole or Orange County, as applicable.
However, no fines or other penalties will accrue against any antenna user
while a proceeding is pending to determine the validity of any
restriction.
7.02 ENERGY DEVICES BASED ON RENEWABLE RESOURCES:
While the Association encourages the use of
energy devices that are based on renewable resources, it must also balance
that use with its responsibility to maintain an architecturally sound
community. Therefore, consistent with Section 163.04, Florida Statutes,
and the terms and conditions of the Declaration, the following standards
shall apply:
A. SOLAR PANELS:
No solar panels shall be installed without the
prior written approval of the Architectural Control Committee.
The ACC may determine the specific location where
solar collectors may be installed on a roof. This specifically includes a
determination of the location of all solar collectors which will be
installed within an orientation to the south or within 45 degrees east or
west of due south.
All solar panels must be installed flush with the
roof unless to do so will have the effect of prohibiting the solar
collector system. If the applicant supplies the ACC with a written
statement by a solar collector expert that this restriction will have that
effect, then the ACC will permit the solar collector to be raised the
minimum amount as is reasonably required to allow the system to function
properly.
The color of the exposed pipes, panels and other
apparatus must be approved by the ACC. Brown anodized and black are
acceptable colors.
The total number of solar panels and other
apparatus installed shall not cover more than fifty (50%) percent of the
roof area, unless to do so will have the effect of prohibiting the solar
collector system. If the applicant supplies the ACC with a written
statement by a solar collector expert that this restriction will have that
effect, then the ACC will permit such additional area as is reasonably
required to allow the system to function properly.
B. CLOTHESLINES:
Even though Article VIII, Section 13 of the
Declaration forbids clotheslines in Wekiva, Section 163.04, Florida
Statutes bans such prohibition. Therefore, Clotheslines are permitted in
all areas of Wekiva so long as the clothesline structure is located in the
side or back yards and totally screened from view from the street,
sidewalk easements, and from all adjoining property.
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11/09/92
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10/12/96
