CHICKEE CHUG HUTS The City of Boynton Beach recently adopted Ordinance 0 0 defining Open Air Pavilions such as gazebos tiki huts tea houses Chickee or Chiki huts The ordinance includes setback requirements design and size restrictions This notice is intended as an informational guideline supplement to regulations pertaining to the construction of these type of structures Per Florida Statutes Chickee Chiki huts are treated differently in the review process than all other Open Air Pavilions A Chickee Chiki hut is defined as an open sided wooden hut with a thatched roof of palm or palmetto devoid of electric plumbing or other non wood features and constructed by or other traditional materials Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida either the 1 A Chickee Chiki hut is exempt from the permitting process but not exempt from zoning district regulations The preliminary step in the construction process is for the applicant to request a zoning verification letter With the zoning verification request the applicant shall submit a site plan or survey with scaled dimensioning of the structure including setbacks and height proof that the builder is a member of either the Miccosukee or Seminole Tribe identification card this shall be evidenced by a copy of the tribal members and drawings and or images of the proposed structure s showing the open design roofmaterials and height For structures of square feet or less of floor area and 1 feet or less in height 1 The side setback shall be allowed to follow the existing wall of the principal structure provided it does not further encroach into the setback or shall meet the setback for the district whichever is least restrictive The rear setback shall be eight feet except when abutting a body of water course golf park interstate railroad right of way commerciallindustrial property or perimeter wall of a development abutting other than residential property the rear setback may be reduced to three feet The structure shall be located a minimum of three feet from the principal structure and any other structure on the property For structures that exceed square feet of floor area or exceed 1 feet in height 1 The principal building setbacks ofthe zoning district shall apply
Open Air Pavilions of any type shall not be placed in front of the principal building in a utility or drainage easements or in a required landscape buffer In Planned Unit Developments these structures shall be regulated according to the Master Site Plan If the Master Site Plan is silent as to accessory structures then the installation shall conform to the setbacks approved on the Master Site Plan In Commercial Mixed Use Multi Family and Industrial zoning districts the structure shall meet the setbacks of the respective zoning district Additionally the structure shall be a minimum of feet from the principal structure and any other structure on the property Other distances calculated a by licensed Fire Protection Engineer shall be considered All Chickee Chiki huts in single and single two family zoning districts constructed prior to the adoption of this ordinance without the benefit of a permit and not in compliance with the zoning regulation shall be reviewed against State Law governing Chickee Chiki huts If determined consistent with State Law they shall be considered as a Chickee Chiki hut non conforming structures Those structures not qualifying pursuant to State Law shall be processed as a standard Open Air Pavilion All other Open Air Pavilions constructed prior to the adoption of this ordinance without benefit of a permit and which do not comply with Zoning Regulations of district must be removed or brought into compliance with all applicable regulations of the City Failure to comply shall subject the property owner to the City s Code Compliance provisions and any other legal processes authorized by law Attached is a copy of Ordinance 0 0 so that you may fully understand the scope ofthe new regulations If you have questions regarding this Ordinance please call 1 0 G CHICKEE doc
I Type of Structure Chickee Check one OPEN AIR PAVILIONS Submittal Checklist Hut Gazebo 0 0 Tiki Tea House Other 0 0 D IfChickee Hut copy ofbuilders Tribal Card Seminole 0 attach photocopy Check one Miccosukee 0 Scaled Site Plan indicating measured setbacks and height Drawings or images ofthe proposed structure indicating the open design roof materials and height Total square footage Zoning Verification Approval Yes D Reviewer and date No II Field Verification name and date
1 ORDINANCE 0 Oa f ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA AMENDING PART III LAND DEVELOPMENT REGULATIONS CHAPTER 1 GENERAL PROVISIONS AND CHAPTER ZONING OF THE CITY S CODE OF ORDINANCES TO PROVIDE FOR REGULATION OF OPEN AIR PAVILIONS CONSTRUCTED WITHIN THE CITY INCLUDING DEFINITIONS SETBACK REQUIREMENTS DESIGN AND SIZE CRITERIA 1 PROVIDING FOR CONFLICT SEVERABILITY 1 INCLUSION AND EFFECTIVE DATE 1 1 WHEREAS the City Commission for the City of Boynton Beach City has been 1 advised that there are currently no specific regulations provisions applicable to those 1 accessory structures that staff has labeled open air pavilions which include such improvements as pavilions gazebos and tiki or chickee huts and 1 WHEREAS the City Commission finds that it is necessary and appropriate to 0 provide standards for the construction and placement of such open air pavilions in order to 1 insure that proper setbacks are provided with respect to existing buildings so as to insure minimal interference with neighboring uses and WHEREAS in order to permit the installation and construction of such open air pavilions and to insure the protection of the public s health safety and welfare the City Commission finds that it is in the best interest of the health safety and welfare ofthe citizens of Boynton Beach to enact regulations related to the installation of open air pavilions including but not limited to gazebos tiki huts and chickee huts in the City NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA 0 Section 1 That the foregoing WHEREAS clause is true and correct and hereby s ca IOrdinances Open Air Pavilions REV doc
1 ratified and confirmed by the City Commission Section That Part III Land Development Regulations Chapter 1 General Provisions of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Article II Definitions to add the following two new terms and definitions 1 1 1 1 1 1 1 Chickee or Chiki Hut ak atiki Hut A type of oen air structure pavilion that is specifically described as an open sided wooden hut with a thatched roof ofpalm or palmetto or other traditional materials constructed by the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of Florida and does not incorporate any electrical plumbing or other non wood features into its construction This type of structure is specifically defined pursuant to the review and approval consistent with Florida Law ODen air Davilion Gazebo Tiki Hut Chickee Hut etc A detached ancillary structure open on all sides with a partial to full roof covering of some type used for but not be limited to recreation entertainment or meditation purposes Such structures shall include but not be limited to gazebos tiki chickee or chiki huts tea houses or other like avilions Section That Part III Land Development Regulations Chapter II 0 Zoning ofthe Code of Ordinances ofthe City ofboynton Beach is hereby amended by 1 amending Section B Accessory Buildings with the addition of a new subsection that reads as follows 0 1 Open air pavilions as defined in Chapter 1 Article II of the Land Develo ment Regulations may be erected in accordance with the following regulations and provisions a All open air pavilions excluding qualified chickee and chiki huts must be permitted in accordance with the City s Zoning Regulations and the Florida Building Code b Open air pavilions intended to qualify as a Chickee or Chiki hut see Chapter 1 Article II Definitions must be reviewed for consistency with the regulations of this section and Florida Statutes The issuance of a zoning verification letter will represent a determination of consistency submitted for approval The following information must be
1 i 1 1 1 1 1 1 1 0 1 0 1 0 1 I A site plan or survey that includes scaled dimensions ofthe proposed structure including setbacks Proof that the builder is a member of either the Miccosukee or Seminole Indian Tribes offlorida This shall be a copy ofthe tribal members identification card proposed structure indicating the open and height Drawings or images of the design roof materials c In single family and single family two family residential zoning districts an open air pavilion which does not exceed one hundred and fifty square feet in floor area and twelve 1 feet in height measured at the mean roof height for sloped roofs shall be located according to the following standards I The side setback shall be allowed to follow the existing wall of the principal building provided it does not further encroach into the setback or shall meet the minimum side setback requirement whichever is least restrictive The rear setback shall be eight feet however in instances where the rear yard abuts a body of water golf course park interstate or railroad right of way commercialindustrial property or the perimeter wall of a development abutting other than residential property setback may be reduced to three feet the rear The proposed structure must be located a minimum of three feet from any principal accessory or other building and structure on the property For all cases in which the total square footage of one or more open air pavilion or combination of such structures exceeds one hundred and fifty ISO square feet of floor area or exceeds twelve 1 feet in mean roof height the principal building setbacks of the zoning district in which it is located shall aply The open air pavilion shall not be placed in front of the principal building in a utility or drainage easement or in a required landscape buffer d In Planned Developments the regulation of these structures shall be in accordance with the approved Master Site Plan If
II 1 1 1 1 1 1 1 1 0 1 0 1 0 1 the Master Site Plan is silent relative to these accessory structures their installation shall only be in conformance with the approved building setbacks noted on the Master Site Plan e The installation of such structures in multi family residential mixed use commercial and industrial zoning districts shall meet all building setback regulations for the zoning district in which it is located In addition the proposed structure must be located a minimum of twenty five feet from the principal building s on the property and from another such structure The City shall consider other distances calculated by a licensed Fire Protection Engineer in accordance with NFPA BOA Protection ofbuildings from Exterior Fire Exposures f The square foot area of the open air pavilion shall be determined from the dimensions taken from inside the support posts provided the roof overhang does not exceed three feet For those structures that are supported by a single pole i e umbrella shape the area measurements shall be taken from the drip line of the roof materials g All chickee chiki huts constructed prior to the adoption ofthese regulations within single family and single family two family residential zoning districts without the benefit of a permit and not in compliance with the zoning regulations noted herein shall be reviewed for compliance with the aualification requirements for a chikee hut as established by State Law If determined consistent with State Law such structures shall be considered non conforming structures as defined in the City of Bovnton Beach Land Development Regulations Those improvements determined inconsistent with State Law shall be processed in accordance with the following subsection h Except for chickee chiki huts all other open air pavilions constructed prior to these regulations without the benefit ofa permit and that do not comply with Zoning Regulations due to application of permitting reauirements must be removed or brought into compliance with all aplicable regulations of the Citv i Failure to comply with the provisions of this section shall be considered a violation of the City s code of ordinances subiect the property owner to being cited by the City for failure to comply with these code rovisions pursuant to the City s Code Compliance provisions or any other legal process authorized by law and
TT Section Conflicting Ordinances All prior ordinances or resolutions or parts thereofin conflict herewith are hereby repealed to the extent ofsuch conflict Section Severability If any section sentence clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction then said holding shall in no way affect the validity ofthe remaining portions ofthis Ordinance Section Inclusion in Code It is the intention of the City Commission of the City of Boynton Beach Florida that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances and that the sections of this ordinance may be renumbered or relettered 1 and the word ordinance may be changed to section article or such other appropriate 1 word or phrase in order to accomplish such intentions 1 Section Effective Date 1 This Ordinance shall be effective immediately after adoption by the City Commission 1 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
I PASSED FIRST READING this dayof Sepr 00 SECOND AND FINAL READING ADOPTED this day of SepT 00 CITY OF BO H FLORIDA ror Je Taylo p 1 rr 1 1 1 1 1 ATTEST 1 r 1 0 o o 1