07-025
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1 ORDINANCE 07- OElao
2
3 ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART III, "LAND DEVELOPMENT REGULATIONS",
6 CHAPTER 1. "GENERAL PROVISIONS", AND
7 CHAPTER 2. "ZONING" OF THE CITY'S CODE OF
8 ORDINANCES TO PROVIDE FOR REGULATION OF
9 OPEN AIR PAVILIONS CONSTRUCTED WITHIN THE
10 CITY, INCLUDING DEFINITIONS, SETBACK
11 REQUIREMENTS, DESIGN, AND SIZE CRITERIA;
12 PROVIDING FOR CONFLICT, SEVERABILITY,
13 INCLUSION; AND EFFECTIVE DATE.
14
15 WHEREAS, the City Commission for the City of Boynton Beach ("City") has been
16 advised that there are currently no specific regulations/provisions applicable to those
17 accessory structures that staff has labeled "open-air" pavilions, which include such
18 improvements as pavilions, gazebos and tiki or chickee huts; and
19 WHEREAS, the City Commission finds that it is necessary and appropriate to
20 provide standards for the construction and placement of such "open-air" pavilions in order to
21 insure that proper setbacks are provided with respect to existing buildings, so as to insure
22 minimal interference with neighboring uses; and
23 WHEREAS, in order to permit the installation and construction of such "open-air"
24 pavilions, and to insure the protection of the public's health, safety, and welfare, the City
25 Commission finds that it is in the best interest of the health, safety, and welfare of the citizens
26 of Boynton Beach to enact regulations related to the installation of "open-air" pavilions,
27 including, but not limited to gazebos, tiki huts, and chickee huts in the City.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
29 THE CITY OF BOYNTON BEACH, FLORIDA:
30
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1 ratified and confirmed by the City Commission.
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Section 2.
That Part III, "Land Development Regulations", Chapter 1, "General
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Provisions", of the Code of Ordinances of the City of Boynton Beach is hereby amended by
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amending Article II. "Definitions" to add the following two new terms and definitions:
Chickee or Chiki Hut (a.k.a.Tiki Hut) - A type of "open-air structure
pavilion" that is specifically described as an open-sided wooden hut with a
thatched roof of palm 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.
Open-air pavilion (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 pavilions.
Section 3
That Part III, "Land Development Regulations", Chapter II,
"Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by
amending Section 4.B., "Accessory Buildings" with the addition of a new subsection "3"
that reads as follows:
3. Open-air pavilions as defined in Chapter 1, Article II. of the
Land Development 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. The following information must be
submitted for approval:
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(I) A site plan or survey that includes
scaled dimensions of the proposed structure including setbacks;
(2) Proof that the builder is a member
of either the Miccosukee or Seminole Indian Tribes of Florida.
This shall be a cOPY of the tribal members identification card.
(3) Drawings or images of the
proposed structure indicating the open design, roof materials,
and height.
c. In single-family and single-family/two-family
residential zoning districts, an "open-air" pavilion which does not
exceed one-hundred and fifty (150) square feet in floor area and twelve
(12) feet in height, measured at the mean roof height for sloped roofs,
shall be located according to the following standards:
(1) 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;
(2) The rear setback shall be eight (8)
feet; however, in instances where the rear yard abuts a body of
water, golf course, park, interstate or railroad right-of-way,
commerciaVindustrial property, or the perimeter wall of a
development abutting other than residential property, the rear
setback may be reduced to three (3) feet.
(3) The proposed structure must be
located a minimum of three (3) feet from any principal,
accessory or other building and structure on the property.
(4) 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 (150) square
feet of floor area, or exceeds twelve (12) feet in mean roof
height, the principal building setbacks of the zoning district in
which it is located shall apply.
(5) 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
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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 (25) 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
NFP A 80A Protection of Buildings 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 (3) 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
of these 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 qualification 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 of a
permit and that do not comply with Zoning Regulations, due to
application of permitting requirements, must be removed or brought
into compliance with all applicable regulations of the City.
i. Failure to comply with the provisions of this section
shall be considered a violation of the City's code of ordinances, and
subiect the property owner to being cited by the City for failure to
comply with these code provisions pursuant to the City's Code
Compliance provisions, or any other legal process authorized by law.
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1 Section 3. Conflicting Ordinances.
2 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the
3 extent of such conflict.
4 Section 4. Severability.
5 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
6 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
7 the validity of the remaining portions ofthis Ordinance.
8 Section 5. Inclusion in Code.
9 It is the intention of the City Commission of the City of Boynton Beach, Florida, that the
10 provisions of this Ordinance shall become and be made a part of the City of Boynton Beach
11 Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered
12 and the word "ordinance" may be changed to "section," "article," or such other appropriate
13 word or phrase in order to accomplish such intentions.
14 Section 6. Effective Date.
15 This Ordinance shall be effective immediately after adoption by the City Commission.
16 [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK]
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PASSED FIRST READING this 18 day of Sepr., 2007.
SECOND AND FINAL READING ADOPTED this 18 day of SepT, ,2007.
CITY OF BO~H, FLORIDA
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ATTEST:
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M. Prainito, CMC
Clerk
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