Scioto Woods Civic Association

Scioto Woods General Deed Restrictions

The following information is a summary of deed restrictions which are and have been in effect for properties in the Scioto Woods community. These restrictions are meant to maintain the protection, benefit and mutual advantage of our community. This posting is meant as informational only and you should refer to your specific property deed

 

1. Land Use:  Residential Buildings only
2. Architectural Control :  Approval needed for changes or alterations. No outbuildings may be made of metal.
3. Nuisances:  Not permited
4. Temporary Structures: Not permited
5. Building Locations: Minimum distances from lot line.
6. Animals: Household pets only
7. Soil Removal: Not permitted
8. Signs: Outdoor signs restricted
9. Waste Disposal: No dumping, waste containers out of sight
10. Vehicles Not in Use: Non working vehicles must be removed in 30 days
11. Boat, Trailer and Vehicle Parking and Storage: Cannot remain for longer than 72 hours in any period of 30 days.
12. Garage: All dwellings must have a garage for at least two automobiles
13. Antennas: Certain type or outdoor antennas are not permitted.  Click here for details.
14. Grading and Drainage: Changes must be approved
15. Fencing: Chain link, metal or plastic fences are not permitted.
16. Swimming Pool: Above ground pools are not permitted. Hot tubs are excluded.
17. Clotheslines: Not permitted except removable, foldable umbrella type at rear of lot.
18. Term: Binding for 30 years with automatic renewal every 10 years thereafter. Changes require a majority of lot owners.
19. Enforcement: Any lot owner entitled to enforce. Court judgements against violator may include recovery of legal fees and expenses involved in the action.

 

Land Use:

No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling, not to exceed two and one-half (2-1/2) stories in height, together with an attached garage for not less than two (2) automobiles.

 

Architectural Control:

No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Grantor herein as to the quality of workmanship and materials, harmony of external design with structures in the subdivision, and location with respect to topography and finish grade elevation; provided, however, that Grantor's approval shall not be construed to be a warranty by Grantor regarding the quality of workmanship and materials, suitability of materials and compliance with applicable zoning and buildings laws, If the Grantor shall fail to approve or disapprove any proposed plans and specification within thirty (30) days after the same shall have been submitted for approval, such plans and specifications shall be deemed to have received the approval of Grantor. No two (2) bi-levels and no two (2) split-levels of any model may be constructed on adjacent lots. No outbuilding whether shed, barn or otherwise made of tin, aluminum or other type of metal shall be constructed upon any lot.

 

Nuisances:

No obnoxious or offensive activity shall be permitted on any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 

 

Temporary Structures:

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any loat at any time as a residence, either temporarily or permanently.

 

Building Location:

No building shall be located on any lot nearer to the lot line than the minimum building front, rear and side lines as shown on the recorded plat; provided, however if the appropriate governmental authority shall grant a variance to such setbacks, then the requirements hereof shall be so modified. For the purposes of this covenant, eaves, steps and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of the building on a lot to encroach upon any other lot. No portion of any lot nearer to any street that the building setback lines shall be used for any purposes other than that of a lawn, nor shall any fence or wall of any kind, for any purpose, be erected, placed or suffered to remain on any lot nearer to any street now existing, or hereafter created, than the front building lines of the building thereon, excepting ornamental railings, or fences not exceeding three (3) feet in height located on or adjacent to entrance platforms or steps. Nothing herein contained, however, shall be construed as preventing the use of such portion of the lot for walks, drives, the planting of trees and shrubbery, the growing of flowers or other ornamental plants, or for small statuary entrances-ways, fountains or similarly ornamentations for the purpose of beautifying said premises. No vegetable or grains of or ordinary or field variety shall be grown on such portions of said lots, and no weeds or underbrush or other unsightly growths shall be permitted to grow or remain anywhere on said lots and no unsightly object shall be allowed to be placed or suffered to remain anywhere thereon. Nothing herein contained shall be construed so as to permit a violation of any applicable law, ordinance or governmental regulation.

 

Animals:

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pet may be kept, provided that they are not kept, bred or maintained for any commercial purpose.

 

Soil Removal:

No soil shall be removed from any lot for any commercial purpose.

 

Signs:

No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more that one (1) square foot, one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period, including signs used by Grantor, it agents and assigns in the operation of a model home and/or sales office.

 

Waste Disposal:

No lot shall be used or maintained as a dumping ground for rubbish.   Trash, garbage or other waste shall not be kept except in sanitary container and out of view of the general public. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

 

Vehicles Not in Use:

No automobile or motor-driven vehicle shall be left upon or in front of any lot for a period longer than thirty (30) days in a condition wherein it is not able to be operated upon the public highway, after which time the vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and shall be removed from the premises.

 

Boat, Trailer and Vehicle Parking and Storage:

No truck, trailer , boat, camper ,recreational vehicle or commercial vehicle shall be parked or stored in front of or on any lot unless it is in a garage or other vehicle enclosure out of the view from the street and abutting properties; provided, however that nothing herein shall prohibit the occasional and nonrecurring temporary parking of such truck, trailer, boat, camper, recreational vehicle or commercial vehicle on the premises for a period not to exceed seventy-two (72) hours in any period of thirty (30) days.

 Garage:

No dwelling may be constructed on any lot unless and enclosed garage for at least two (2) automobiles is also constructed thereon.

 

Antennas:

 Television and radio antennas, whether rooftop or ground mounted, including those of the "dish" type shall be prohibited on the exterior of any house or lot..

The above rule, as written was modified by Federal rule 47 C.F.R. Section 1.4000 as follows.  The below information is quoted from the FCC Fact Sheet on Placement of Antennas: 

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").

The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.

The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available,  a community association or landlord  may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.

This Information Sheet provides general answers to questions concerning implementation of the rule, but is not a substitute for the actual rule. For further information or a copy of the rule, contact the Federal Communications Commission at 888-CALLFCC (toll free) or (202) 418-7096. The rule is also available via the Internet by going to links to relevant Orders and the rule.

Q: What types of antennas are covered by the rule?

A: The rule applies to the following types of antennas:

(1) A "dish" antenna that is one meter (39.37") or less in diameter (or any size dish if located in Alaska) and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

(2) An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

(3) An antenna that is designed to receive local television broadcast signals. Masts higher than 12 feet above the roofline may be subject to local permitting requirements.

In addition, antennas covered by the rule may be mounted on "masts" to reach the height needed to receive or transmit an acceptable quality signal (e.g. maintain line-of-sight contact with the transmitter or view the satellite). Masts higher than 12 feet above the roofline may be subject to local permitting requirements for safety purposes. Further, masts that extend beyond an exclusive use area may not be covered by this rule.

Any Antenna or "Dish" not covered by 47 C.F.R. Section 1.4000 continues to be prohibited under this deed restriction.  Please see the complete FCC Fact Sheet on Placement of Antennas if you have questions regarding your compliance with this restriction.

 

Grading and Drainage:

Without the prior written consent of Grantor, no construction, grading or other improvements shall be made to any lot if such improvement would interfere with or otherwise alter the general grading and drainage plan of the subdivision or any existing swales, floodways or other drainage configuration.

 

Fencing:

No chain link, metal or plastic fencing shall be permitted upon any lots the subject hereof; provided however that a thin wire mesh may be installed inside a three or four wood rail fence.

 

Swimming Pool:

No above ground swimming pool shall be permitted upon any lot except that this paragraph 16 shall not be intended to prohibit the installation of a hot tub or sauna.

 

Clotheslines:

No clotheslines shall be located on any lot except for a removable folding umbrella type placed in the rear of the lot.

 

Term:

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

 

Enforcement:

Enforcement of these restrictions by Grantor or by any owner of any lot the subject of these restrictions, and such proceedings may be either to restrain violation or to enforce compliance or to recover damages. No failure to object to any violation of any restriction or to do so thereafter, either as to the same violation or as to one occurring prior to or subsequent thereto. If Grantor or any owner of a lot in Scioto Woods Section 6 prevails in a proceeding at low or in equity or both against any person or persons violating or attempting to violate any restrictions, and such proceedings may be either to restrain violation or to enforce compliance or to recover damages, then said person or persons shall also be able to recover legal fees and expenses involved in such action or proceeding.

 

Severability:

Each of the covenants contained herein are independent and separate and invalidation of any one of these restrictions by judgment or court order shall in no way affect any other restrictions, which restrictions shall remain in full force and effect.