Wekiva Hunt Club Community Association










CHAPTER 14 - USE OF PROPERTY   

14.01 RESIDENTIAL USE OF PROPERTY - The term "residential purpose" as used in the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, and any amendments and supplements thereto or this Code, shall be defined as any non-commercial and non-industrial activity reasonably suited for a community of single and multi-family homes. As an example, the following list of activities shall be deemed to be a "non-residential purpose":

 (1) The sale of gasoline or other flammable products; 

(2) The operation of a day care facility, except as allowed by 14.02 below; 

(3) The repair of motor vehicles for profit; 

(4) The commercial warehousing or storage of goods; 

(5) Any activity which unreasonably increases vehicular traffic on or surrounding a particular residence or lot; 

(6) The renting or leasing of rooms or suites to unrelated persons for income. 

The above list is not exhaustive, but rather is presented as an example of those types of activities which do not fall within the definition of "residential purpose". 

14.02 FAMILY DAY CARE HOMES  

WHEREAS, all lots in Wekiva are bound by recorded restrictions which state in part as follows: 

No Lot shall be used except for residential purposes. 

WHEREAS, the Association has the power to adopt rules relating to that issue, and, in fact has adopted the above Rule 14.01, and  

WHEREAS, it has come to the Association's attention that the owners and residents of some homes in Wekiva are utilizing them as family day care homes, and are charging a fee for such service, and 

WHEREAS, there is every expectation that additional home owners and residents will undertake the supplying of such services, and 

WHEREAS, the State of Florida has expressed a public policy favoring certain limited family day care use in residential areas.  

This was done in Sections 125.0109 and 402.302 of the Florida Statutes by providing that the operation of residences as family day care homes as defined in these statutes shall constitute valid residential uses for purposes of any local zoning regulation, and

WHEREAS, while the Association is not bound by the public policy which is put forth by the above cited Florida Statutes, (See Taylor v. Ridge At The Bluffs Homeowners Association, Inc., 579 So. 2d 895 (4th DCA 1991), it agrees with the underlying theories of the statutes, and 

WHEREAS, while commercial day care facilities are still prohibited in Wekiva, the Association has determined that it will treat the family day care homes as defined below as residential uses, and will place reasonable limitations on the same so as to protect the interests of other home owners and residents in Wekiva. 

NOW THEREFORE, the following rules shall apply to all family day care services which are to be supplied in Wekiva: 

1. WEKIVA FAMILY DAY CARE HOME/ DEFINITION: For purposes of this rule, the definition of "Wekiva Family Day Care Home" (hereinafter sometimes referred to as "WFDCH") is as follows: 

"Family day care home" means an occupied residence in which child care is regularly provided for no more than five preschool children from more than one unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed 10." 

2. WEKIVA FAMILY DAY CARE HOME/WHEN ALLOWED: Wekiva Family Day Care Homes will be allowed in Wekiva only if the following standards are met: 

A. APPLICATION: Prior to the commencement of the operation of any WFDCH, the owner or resident of the lot upon which the services will be supplied must submit an application to the Wekiva Association reflecting at least the following information: 

i. Location: The exact location of the proposed WFDCH. 

ii. Owner's Approval: The fact that the applicant owns the lot upon which the WFDCH will be operated or, if the applicant is a non-owner, proof that the owner approves of such use of the property. 

iii. H.R.S. License: That the applicant has registered with, and obtained a license to, operate a Family Day Care Facility on the applicant's property from the Florida State Department of Health and Rehabilitative Services. (hereinafter sometimes "H.R.S.")

B. LOCATION OF WFDCH's: In order to avoid possible traffic congestion, to avoid a concentration of WFDCH's in the area in proximity to the proposed location, to avoid a circumstance where the applicant's location, taken in combination with other WFDCH's and other residences in Wekiva, would result in the nature and character of the area being substantially altered, to take in to consideration the unique characteristics of condominiums and townhome complexes where persons reside in close proximity to each other and share common facilities, and to insure that the general comfort and welfare of other owners and residents of Wekiva are protected, the following location requirements shall apply: 

i. Distance: No WFDCH will be permitted if it will be located within a radius of 1,000 feet of another existing WFDCH. This distance requirement shall be measured from the nearest point of the lot line of the lot upon which the existing WFDCH is located to the nearest point of the lot line of the lot upon which the proposed WFDCH will be located. 

ii. Condominiums and Townhomes: No WFDCH will be permitted in the following condominium or townhome complexes: 

Wekiva Hunt Club Condominiums

Wekiva Fairway Townhomes

Governors Point East

Governors Point West

Wekiva Country Club Villas

Villas on the Green

C. APPROVAL OF APPLICATIONS: If the Association determines that the applicant owns the lot upon which the proposed WFDCH will be located, or that the owner approves of such use, and further determines that the applicant has a current, valid H.R.S. license; then the application shall be approved if the location standards as set forth above are met. Otherwise, the application will not be approved.  

D. TEMPORARY APPROVAL: Because the approval of the WFDCH is based in part on the holding of a valid H.R.S. license, the approval is temporary in nature and will automatically expire if the license is revoked or made invalid for any other reason.

E. GRANDFATHERED WFDCH'S: Any WFDCH which was in existence on December 14, 1992, the date of this rule, excluding those located in Condominiums and Townhome complexes, will be permitted to continue as long as the operator of the facility had a Florida State Department of Health and Rehabilitative Services license for that location on that date and supplies proof of the same to the Association within sixty (60) days from the date that the owner of the WFDCH receives written notice from the Association to do so. The distance requirements shall not apply to these grandfathered facilities. 

F. APPROVALS ARE PERSONAL: Any approvals granted by the Association shall be personal to the applicant and shall not be assignable to any other party. The approval shall not run with the land. 

G. BABYSITTING EXCLUDED: This rule shall not apply to periodic babysitting services supplied by residents of Wekiva and the same may be continued without Association approval. 

H. OTHER RESTRICTIONS: All approved WFDCH's must additionally comply with all other Wekiva rules and restrictions. 

12/14/92
08/16/93