Deed Restriction and Construction Guidelines
Adopted: June 17, 2022
Introduction
The Construction and Design Review Guidelines are part of the process that the South Gate Community Association uses to review and enforce deed restrictions governing all exterior construction in South Gate. South Gate is divided into nearly 40 units, each with their own deed restrictions and Unit specifications that are enforced by the South Gate Community Association (SGCA). The goal of this document is to help educate and inform South Gate property owners about the current construction and landscaping related restrictions that exist in South Gate, and provide a process for submitting any construction or applicable landscaping changes to the SGCA Deed Restriction Committee (DRC) for approval.
This document should only serve as an advisory to help property owners understand some of the more substantial portions of the deed restrictions. It is not intended to replace or augment the deed restrictions in your Unit, nor is the information included intended to be fully accurate or serve as legal guidelines.
The deed restrictions in South Gate can be different from one street to the next. In the event where these guidelines conflict with the deed restrictions of a Unit, the deed restrictions in that Unit should be considered the correct document. The DRC is authorized to interpret deed restrictions in South Gate in any way it deems appropriate.
Please take time to review the deed restrictions for your property
DRC Construction Review Application Timeframe
Please note that although construction request applications are reviewed multiple times per month by our volunteers, the DRC may take up to 30 days to reach a decision once all required documentation has been received. You will be notified by email provided in the construction request form.
Construction Review Procedure
All Construction Review applications should be submitted electronically to the DRC prior to the start of any construction in South Gate. The DRC shall consist of 3 to 5 members approved by the SGCA Board of Directors. Each member of the DRC shall have an equal vote, and the majority of all members of the DRC shall constitute a decision for approval or denial of an application.
The DRC will use these published standards and guidelines for purposes of review, but may individually consider the merits of any design due to special conditions that in the opinion of the DRC, provides benefits to the adjacent lots, the specific lot, or to the South Gate community as a whole. The DRC may also consider the lack of conformity of a design as objectionable to the South Gate community. The DRC does not wish to restrict individual creativity or preferences, but rather to maintain a similar aesthetic relationship between neighboring homes in South Gate.
Any lot owner wishing to build a new single residence on a lot within South Gate, or any lot owner who wishes to modify in any manner or respect to any structure, the exterior of the structure, an addition to the structure, fencing, pool or pool cage, driveway or parking pad, carport, or storage building (a.k.a. shed), must first submit a completed Construction Request Application to the DRC.The primary goal of this construction review is to determine whether any proposed addition or modification conforms to the South Gate set-back restrictions as well as any city or county based code requirement, and to ensure the modifications proposed are in harmony with the surrounding neighborhood.
Planting of plants, trees, bushes, flowers, or other landscaping will not require written permission from the DRC provided that these plantings could not be interpreted as a “hedge” which is used in a similar manner as a fence. Most Units in South Gate prohibit planting a hedge or constructing a fence between the front setback and the road. All plantings, trees, bushes, and landscaping should otherwise be well maintained so as to not be considered a nuisance or unsightly to the neighborhood.
The SGCA Board of Directors or DRC, as the case may be, shall have the right to review the construction process in order to ensure conformance with the approved application and the standards set forth in these design guidelines.
There are no fees associated with this process, and the SGCA will issue a no-cost building “permit” which shall be posted by the lot owner or builder at the site during construction.
Construction Standards and Guidelines
The following standards and guidelines shall apply to any and all construction, improvement, alteration of any structure, to any change to the exterior of any structure, or any other change to the grounds of a single-family homesite (lot) within the South Gate community.
Start of Construction. No lot clearing or placement of portable toilets will be permitted until all required government permits are obtained and formal written approval by the DRC has been granted.
Site Clean-Up. All construction sites must be maintained in a neat and orderly fashion. Trash from construction work will be contained in a trash dumpster or suitable method that will assure constant containment and stockpiling of the trash until removal from the site.
Builder’s Signage. During construction, one standard sign not more than 4 square feet shall be allowed within the front set-back of the lot to help sub-contractors and others locate the particular lot within the subdivision. This sign must be removed upon issuance of the Certificate of Occupancy unless the home was built for sale.
Loud Noise Levels. Loud radios or noise that may be considered a nuisance will not be allowed within the South Gate community. This is distracting and discomforting to property owners. Normal radio levels are acceptable.
Design and Development Guidelines
The following standards and guidelines shall apply to any and all construction, improvement, alteration of any structure, to any change to the exterior of any structure, or any other change to the grounds of a single-family homesite (lot) within the South Gate community.
Architectural Design. Each design shall be considered on an individual basis with specific emphasis on impact and harmony with surrounding homes and styles. No one particular architectural design is mandated.
Elevations. All elevation treatments shall follow the common architectural design of the residence as nearly as possible. The elevation treatment of each residence will be considered on an individual basis as to conformity with surrounding homes and styles. Elevation approval shall consist of review of front exterior elevation of any street-facing view of the property. Side and rear elevations are not required unless they face a street.
Exterior Material and Colors. All structures in South Gate must be constructed of the same kind of new and durable materials. The following exterior materials, in most cases, are acceptable and appropriate; provided, however, they are consistent with the architectural design:
Stucco – smooth or textured finish; or
Masonry – stone, brick, split rock, and ceramic; or
Metals – factory finished endurable anodized or baked on enamel, wrought iron, or copper; or
Wood – timbers, boards, board and batten, tongue and groove, solid wood siding and rough sawn lumber.
Vinyl Siding – May be approved on certain style homes
While there is no approved list of “exterior colors and textures” the DRC requests that individual lot and property owners avoid those that would be inharmonious, discordant or incongruous to the neighboring homes. The color of roofs, exterior walls, doors and trims should be integral to, and harmonious with, the exterior color scheme of the residence.
Roofs. Roof structure, materials, and color should be harmonious with the color scheme of the property and in similar design and keeping with neighboring properties. While flat roofs are explicitly prohibited in some Units, they may be used for garages and carports with DRC approval. All roofs must meet all permitting and governmental requirements.
Solar Collectors. The SGCA and DRC highly encourages all property owners to take full advantage of renewable energy technologies for the home.
Solar collectors on pitched roofs should lie flat on the roof and be placed so that the edges are parallel with and perpendicular to the roof ridge and edges. No part of the installation should be visible above the ridge line.
Support brackets, collector frames and exposed pipes should be painted the roof color and any pipes, wires and control devices should be concealed.
Collectors located on the side of a building or on the ground must be harmoniously integrated with the building or the topography. Large solar arrays designed to provide the primary heating source for a building should appear to be integral with the building.
Solar installations must be installed in a manner that is appropriate and in visual harmony with the exterior of the residence and in a way that would not be unsightly or a nuisance to neighboring properties.
All solar installations must meet all permitting and governmental requirements.
All solar installations that do not meet or exceed the above guidelines must be approved by the DRC prior to installation.
Screened Porches, Pool Cages, Enclosures and Patios. If pool areas are to be enclosed, screened cages are encouraged but not required. No screening of pool areas should extend beyond a line extended and aligned with the side walls of the dwelling unless approved by the DRC, and the screened cage should also not exceed a height of the ridgeline of the roof.
Elevated Decks. A sun deck or observation deck has a significant impact on the appearance of a house. Decks may also affect the privacy and right of enjoyment of adjacent residents. These two factors are weighted heavily in the review of decks.
The deck should be located at the rear of the house. The configuration, detail and railing design of a deck should relate harmoniously with the architectural style of the house.
Wood decks should be constructed with rot-resistant wood and, in many cases, may be left to weather naturally.
A skirt board should be constructed and landscape planting should be provided to screen structural elements and to soften the structure visually.
Garages, Carports, Driveways. In most Units, garages are to be private and constructed in keeping with the architectural style of the residence. Some units have prohibitions on Garages or Carports that could support more than three cars. Some units allow Garages to be detached while others require them to be integrated into the main residence.
No units allow both the construction of both a Garage and Carport on the same lot.
Finished concrete, pattern concrete, pavers, and impregnated stone driveway finishes are permitted. Other driveways may also be constructed of brick or interlocking pavers but must be of a stable and permanent construction. Asphalt or blacktop surfaces are typically prohibited in all Units.
Curb side parking overnight is not permitted, with the exception of formal gatherings which may occur on an occasional basis. Parking on grass lawns or anywhere not authorized in the deed restrictions is prohibited at all times.
Parking Pads. In order to implement the permitted use of parking pads in the South Gate Community, the SGCA has established the following guidelines (SGCA 9/10/2019):
Parking pads must be located in the front yard. Whenever possible, the parking pad must be adjacent to the existing driveway. Please note that for some properties located on corner lots, the side yard facing a street is considered a front yard for parking purposes.
Parking pads may be constructed only of concrete, shell, pavers, or gravel. Asphalt and other materials are not permitted.
For shell or gravel pads, the area of the proposed pad must be excavated of grass and weeds to a depth that will result in a finished pad that is “at grade” after the fill material is added.
All parking pads require the approval of the South Gate Community Association and a building permit issued by the Association. Such permits will be issued free of charge. No permit will be issued until the property owner submits a site plan for the proposed parking pad.
A xeriscape, shell, pebble, or stone landscaped lawn is not considered a parking pad. (DRC 3/31/2022)
Walls and Fencing. Walls and fencing can be an intrusion on the open character of the South Gate community and may have both a visual and physical impact on adjoining property. Therefore, any fencing is discouraged.
A privacy fence may be installed on the property line and only behind the front set-back of the property. All privacy fencing shall be no more than six (6) feet tall, and made of durable, exterior-grade material.
The location of all fences and walls must be approved by the DRC prior to installation.
Decorative entry walls, entry gates, courtyard walls, and privacy walls surrounding and abutting pool decks are considered structures appropriate to the residence and may be allowed within the building set-back with DRC approval.
Any and all walls may not exceed a height of six (6) feet. The walls shall be designed and constructed of material identical or compatible with the materials, colors, finishes, textures and architectural style of the principal structure and shall be approved by the DRC prior to construction.
Fencing finished only on one side should be constructed with the finished side facing out. The top of all fences must be maintained level. If the ground slopes, the fences must be stepped. If there is a horizontal trim piece at the bottom of the fence, it too must be maintained level. Vertical members must be plumb and, general, the tops of the posts and boards must be in line.
Whenever possible, fences should be located so that trees do not have to be removed.
All electrical and mechanical equipment, garbage cans, recycling bins, and other utilitarian devices must be fenced, walled or screened and out of the view from abutting and adjoining properties.
Sheds and Exterior Buildings. In most units, buildings (outbuildings, garage apartments, mother-in-law suites, cabanas, etc) which are separated from the main structure are prohibited.
In recent years, the DRC has come to the decision that sheds are not prohibited by the deed restrictions. The rationale employed was that one section of the restrictions provided for the approval of "storage buildings," while another section of the restrictions prohibited outbuildings. The apparent conflict was resolved in favor of the more permissive approach. (DRC 6/10/2020)
The requirements for a storage shed is that it:
meets the accessory building setback requirements of the Unit,
is not visible from the front of the property or visible in a way that it would have a visual or physical impact on adjoining properties,
meet the County/City setbacks for accessory buildings,
meet all governmental permitting requirements for accessory buildings.
All storage shed construction should be submitted to the DRC for approval prior to installation.
Swimming Pools, Spas, & Hot Tubs. Swimming construction details must be submitted for review and approved by the DRC. Details pertaining to privacy or visual separation must be included in the submission. Mechanical equipment should be concealed and located so as not to have an adverse effect on the use of adjacent property. Spas/hot tubs should be located in the rear yard away from adjacent property so that their use, presence, and noise of the mechanical equipment do not adversely affect the use of the adjacent property. Mechanical equipment, pipes, and wiring should be concealed. Spas/hot tubs should be screened from adjacent property and all of the understructure of spas/hot tubs which are set into above ground decks must be screened.
Exterior Lighting. Exterior lighting, which in the opinion of the DRC would create a nuisance to the adjoining property owners, will not be permitted. Seasonal lighting is acceptable without written permission of the DRC. Landscape and flood lighting that does not create a nuisance to neighbors does not need approval from the DRC for installation. Other lighting will be addressed on an individual basis when the DRC receives a complaint.
Dwelling Standards and Common Criteria Guidelines
The following site standards and criteria apply to any and all lots within the South Gate community. To ensure preservation of the natural character of the site and to maintain and enhance the open character of the lots, no construction or alteration of the site shall commence in any manner or respect until the DRC has approved the site plan.
Site Plan. A site plan shall be submitted to the DRC prior to any construction or alteration to the homesite for approval.
Minimum Building Setback Requirements. With the exception of driveways, walks, and mailboxes, no structures shall be allowed on any lot outside the building setback lines. Minimum building setback requirements are different from Unit to Unit. Please review your unit’s deed restrictions to determine the correct font, rear, and side setbacks for your property. The placement of the building within the setback limitations shall be in the most advantageous position to ensure that the views and privacies of surrounding residences are not adversely affected.
Size of Residence. The minimum living area of each residence requirement differs from Unit to Unit. Please review your Unit’s deed restrictions to determine the minimum living area requirements for your property.
Maximum Heights. Most Units prohibit construction over 2 stories in height. There are a few exceptions for properties located in low-lying areas near the creek. Please review your Unit’s deed restrictions for maximum height requirements.
PROCEDURE FOR CONSTRUCTION AND MODIFICATION REVIEW
The purpose of the Construction Review process is to determine if the proposed structure meets the general criteria of acceptable design, size, setback, placement, and elevation. Approval by the DRC indicates acceptance of the provided plans and design, and allows the Owner, Builder or General Contractor to proceed to commence construction.
Step 1: Gather Necessary Documents
The following must be submitted for this step:
New Construction:
Site Plan showing property lines, easements, setbacks, placement of structure including driveways, sidewalks, patios, pool, fencing, walls pertinent to the structure, and finished elevation
Detail of roof sections, pitch, material type, minimum first floor elevation
Modifications to a Current Structure or Property:
Site Plan showing property lines, easements, setbacks, placement of structure including driveways, sidewalks, patios, pool, fencing, walls pertinent to the structure, and finished elevation
Detail of roof sections, pitch, material type, minimum first floor elevation (if applicable)
For Fencing:
Site Plan showing property lines, easements, setbacks, placement of structure including driveways, sidewalks, patios, pool, fencing, and walls pertinent to the structure
Step 2: Account Registration
If not already registered, please visit https://southgatefl.com/register and complete the homeowner registration form. Please carefully complete all necessary contact information. A registration request will be submitted to SGCA staff and board members for approval. You will be notified by email with instructions on how to log into the PayHOA online application and complete your registration.
Step 3: Login
After approval, login using your email and password you created.
At the main screen click the “Requests” tab at the top of the page
Click on “Construction Request” and then the blue “New Request” button.
After filling out the necessary information, upload the necessary documents gathered in Step 1
Click on the submit button to complete the process
The DRC will review the application and return appropriate questions, comments, or approval within ten (10) to twenty (20) business days.
Alternative Methods for Submitting Documents
The documents gathered in Step 1 may be submitted by email to deeds@southgatefl.com with appropriate contact information included. DRC volunteers will add these documents to the account registration manually for review.
Physical copies of documents gathered in step one may also be submitted in person at the South Gate Community Center during business hours. Contact information MUST be attached to all documentation submitted. Please keep in mind this is the least recommended and slowest method for submitting for Construction approval.
All official communication and correspondence from the DRC will be electronic and contained solely within the PayHOA online application.
Frequently Asked Questions
What requires approval?
Most South Gate Units have the following language outlined in the deed restrictions:
No buildings shall be erected, placed or altered on any lot until the drawings and specifications for all buildings, alterations and changes, and other development of any lot, including but not limited to the construction of swimming pools, decks, storage buildings, fences and building additions, shall be submitted for the approval of SOUTH GATE COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation, its successors orassigns, or its designee.
This paragraph might differ in your specific Unit but in general the SGCA will require prior approval for all construction that potentially modifies the exterior structure of the building. The DRC is particularly concerned with exterior construction which may violate set-back restrictions that are typically different from those provided by the city or county. Homes that are constructed over these set-back lines are non-conforming structures that may present legal or insurance issues for the next homeowner.
Remodeling of the interior of an existing building is excluded from this requirement for prior approval.
Can the SGCA provide me with a variance?
No. The deed restrictions in South Gate “run with the land” and the SGCA has no authority to provide for a variance to any active deed restriction. Changes to the deed restrictions can be made in most Units by following the process found in each Unit’s deed restrictions. This is a legal process and the SGCA recommends consulting with an attorney familiar with property law to ensure this process is completed successfully.
What is required for approval?
The SGCA requires that one drawing and specification of the construction or alteration be submitted to the DRC for review. This documentation must include measurements to the setback lines based on a recent survey for any project that modifies the building’s footprint or fence construction.
Once approved, the SGCA will provide at no cost a notice through email and a building permit to be displayed on the job site during construction.
My Deed Restrictions have expired in my unit and I would like to see them renewed. What is the process?
The process for renewing deed restrictions in the state of Florida is now regulated by the DBPR and Florida Statute 720. A committee of no fewer than 3 parcel owners within the Unit must be formed to prepare and organize the renewed covenants. A process of obtaining signatures and formal review from the DBPR must take place within 14 days of the vote. Amended restrictions require a two-thirds vote while renewal of the existing restrictions require a simple majority.
The South Gate Community Association can help with this process and legal matters associated with renewing the restrictions. If you are interested in renewing the deed restrictions in your Unit please contact the DRC at deeds@southgatefl.com.