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P.H. 2025-43: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 155, “ZONING CODE,” OF THE POMPANO BEACH CODE OF ORDINANCES, TO REDUCE CERTAIN RESTRICTIONS TO DEVELOPMENT WITHIN REAR YARD CORNER TRIANGLES, BY AMENDING SECTION 155.4303., “STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES,” TO MODIFY THE STANDARDS FOR A GAZEBO; BY AMENDING SECTION 155.5203., “LANDSCAPING,” TO APPLY GENERAL LANDSCAPING REQUIREMENTS TO PLANTS MAINTAINED WITHIN A REAR YARD CORNER TRIANGLE; BY AMENDING SECTION 155.5302., “FENCES AND WALLS,” TO ELIMINATE REQUIREMENTS FOR STANDARDS RELATED TO REAR YARD CORNER TRIANGLES ADJACENT TO WATERWAYS AND MODIFYING REQUIREMENTS PERTAINING TO SEAWALLS; AND BY AMENDING SECTION 155.9301., “REAR PROPERTY LINE AS RELATED TO MEASUREMENTS,” TO REMOVE REFERENCE TO REAR YARD CORNER TRIANGLES AS A MEASUREMENT FOR REAR PROPERTY LINE WHEN ABUTTING THE HISTORIC DUNE VEGETATION LINE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: APRIL 8, 2025
POSTPONED FROM APRIL 22, 2025
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(Staff Contact: Max Wemyss)
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Summary Explanation/Background:
Staff is recommending text amendments to the Zoning Code regarding height and location of Gazebos/Tikis/Chickees and the required Rear Yard Corner Triangle. The amendments occur in Article 4 (Use Standards) and Article 5 (Development Standards) of the Zoning Code.
Following concerns raised to staff, appointed, and elected officials, Staff has been directed to identify a solution to the prevalence of Code Compliance issues (both reported and unreported) related to the location of Tiki or Chickee Huts (categorized as Gazebos in the Zoning Code). Water-abutting Single-Family homeowners frequently prefer that Tiki/Chickee huts are as close to the water as feasible and typically abutting the interior lot lines. This puts them in conflict with the following Zoning Code Standards:
1. The requirement that accessory structures be set back 15 feet from property lines abutting a waterway (155.4302.B.2.h); and
2. The requirement for an unobstructed rear yard corner triangle (155.5302.D.5a).
Staff proposes to eliminate all rear yard corner triangle standards (remove fence and vegetation transparency, no structures or obstructions over 3 feet in height) and to create an exemption for Gazebos/Tikis/Chickees to allow them within 3 feet of a rear lot line abutting a waterway or canal. Such structures are already permitted within 3 feet of an interior side lot line when a six-foot-high solid fence exists; otherwise, a 5-foot setback is required. The overhang of the Gazebo/Tiki/Chickee roof shall not be permitted within 1 foot of the interior side setback. This way, there is no scenario where the roof of the structure is 0 feet from the shared property line. The roof overhang is permitted to abut (0-foot setback) a property line along a waterway or canal.
Additionally, Staff proposes to modify the maximum height of the structure to 15 feet rather than the 10 feet that is required for a Gazebo or Tiki. A true chickee hut can have a height of 15 ft. But as is often the case, a chickee “becomes” a tiki over time when plumbing, electrical and/or other non-native materials are added. In such cases, the height is then required to be reduced to 10 feet, creating additional code compliance issues. Therefore, a uniform height requirement of 15 feet is proposed. Eliminating the Rear Yard Corner Triangle section will have impacts beyond just permitting Gazebo/Tiki/Chickees in those locations.
Fences will now be permitted to run the length of the property line at a uniform height (up to 6 feet) without the required transparency. Additionally, landscaping may be permitted in these rear corners as well. The intent of the Rear Yard Corner Triangle is to preserve the view of a neighbor's property across the subject property when located against a waterway or canal. While this change will not affect the view across their own property line, it may reduce the visibility across a neighbor’s.
Origin of request for this action: Development Services
Fiscal impact and source of funding: n/a
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